§ 789. Definitions. As used in this article:

1. "Account" shall mean the hearing aid dispensing account.

2. "Audiologist" means an individual who is licensed under article one
hundred fifty-nine of the education law to evaluate hearing, and hearing
and communication disorders and to engage in those practices defined in
section eighty-two hundred three of the education law.

3. "Board" shall mean the hearing aid dispensing advisory board.

4. "Business" means any individual, partnership, trust, association,
organization or corporation.

5. "Department" means the department of state.

6. "Dispensing of hearing aids" means the act of fitting, selecting,
selling, renting, adapting or servicing of hearing aids or any other
instrument to compensate for impaired hearing; provided that such term
shall include testing of hearing, solely for the purpose of fitting,
selecting, selling, distribution, renting, adapting or servicing hearing
aids or any instrument to compensate for impaired hearing, the making of
impressions, castings and shells and appropriate counseling and
instructions pertaining to the selection, adaptation and sale or rental
of hearing aids and further provided that such term shall include any
tasks, procedures, acts, or practices that are necessary (a) for the
non-diagnostic testing of hearing solely for the purpose of fitting a
hearing aid; (b) for training in the use of amplification including
hearing aids; (c) for the making of ear molds for hearing aids; (d) for
the fitting, dispensing, and sale of hearing aids; or (e) for otoscopic
observation of solely the ear canal for the purposes of fitting,
dispensing or sale of hearing aids; provided, however, that nothing
contained in this subdivision shall be deemed to permit the performance
of or reference to an otoscopic evaluation for medical diagnosis; and
(f) for those other procedures necessary to determine proper
amplification needs and the specific hearing aid which will be of
maximum benefit to aid or to compensate for the impaired ear. Testing
for the purpose of fitting a hearing aid shall include only such tests
meeting standards acceptable to the secretary as needed to verify the
optimum fitting characteristics and circuitry of any hearing aids or
amplification devices needed and shall not be for the purposes of, make
any reference to, or include any medical diagnosis whatsoever. No
hearing aid dispenser shall verbally or in writing make a statement or
reference to a prospective hearing aid user regarding any medical
condition or diagnosis except such communications required pursuant to
paragraph (c) of subdivision eight of section seven hundred ninety-eight
of this article. Nothing in this subdivision shall restrict or limit any
person licensed under article one hundred fifty-nine of the education
law from performing any activity authorized thereunder; provided,
however, that every such person shall be registered as a hearing aid
dispenser pursuant to the requirements of this article in order to
dispense hearing aids.

7. "Hearing aid" means any wearable instrument or device designed for
or offered for the purpose of aiding or compensating for impaired human
hearing and any parts, attachments or accessories but excluding
batteries and cords or accessories thereto.

8. "Hearing aid dispenser" means any person twenty-one years of age or
older or an audiologist licensed under article one hundred fifty-nine of
the education law who is engaged in the dispensing of hearing aids who
is registered and dispensing hearing aids in accordance with this
article.

9. "Otolaryngologist" means a physician licensed under article one
hundred thirty-one of the education law, who practices that branch of
medicine which treats diseases of the ear, nose and throat.

10. "Secretary" means the secretary of state.

11. "Sell" or "sale" means any transfer of title or of the right of
use by sale, conditional sales contract, lease bailments, including
rentals of hearing aids hire-purchase, or any other means; excluding
wholesale transactions of dealers and distributors.

12. "Trainee" means a person twenty-one years of age or older, who
upon receiving a temporary certificate of registration, is studying
hearing aid dispensing full-time for the purpose of qualifying to sit
for the registration examination.