§ 790. Certificate of registration required; qualifications and
application. 1. Any person desiring to be engaged in the dispensing of
hearing aids in this state shall be registered biennially pursuant to
this article. Such person shall file with the secretary an application
to be registered as a hearing aid dispenser. The secretary shall examine
each application and issue a certificate of registration if either of
the following criteria are satisfied:

(a) (i) the applicant is twenty-one years of age or older;

(ii) is of good moral character;

(iii) has received a high school diploma or its equivalent;

(iv) has two years college accredited coursework or its equivalent;

(v) has fully completed the required training program;

(vi) has achieved a passing score on the required examination;

(vii) has not had a registration, license or other authorization to
dispense hearing aids suspended or revoked;

(viii) has paid the appropriate fees according to the provisions of
section seven hundred ninety-seven of this article; and

(ix) on or after January first, two thousand three, the applicant
shall demonstrate the successful completion of post-secondary coursework
approved by the secretary in conjunction with the advisory board; or

(b) (i) the applicant has submitted proof of licensure under article
one hundred fifty-nine of the education law as a licensed audiologist;

(ii) has paid the appropriate fees according to the provisions of
section seven hundred ninety-seven of this article;

(iii) has achieved a passing score on the practical test of
proficiency required pursuant to subdivision six of section seven
hundred ninety-six of this article or who submits evidence satisfactory
to the secretary of experience in dispensing hearing aids; and

(iv) has not had a registration, license or other authorization to
dispense hearing aids suspended or revoked according to the provisions
of section seven hundred ninety-nine of this article.

2. An application for a certificate of registration as a hearing aid
dispenser shall be filed with the secretary in such form and detail as
the secretary shall prescribe, duly signed and verified, setting forth:

(a) the name and address of the applicant;

(b) the name and business address or addresses at which the individual
will be employed;

(c) the information contained in subdivision one of this section; and

(d) any further information deemed necessary and prescribed by rule or
regulation by the secretary.

3. (a) Any person who has been continuously registered as a hearing
aid dealer pursuant to the former article thirty-seven-A of this chapter
for the three years immediately preceding January first, two thousand or
who submits evidence satisfactory to the secretary of experience in the
business of dispensing hearing aids in this state for the three years
immediately preceding January first, two thousand, upon payment of
applicable fees, shall be registered as a hearing aid dispenser and
shall be exempt from requirements set forth in subparagraphs (iv), (v),
(vi) and (ix) of paragraph (a) of subdivision one of this section.

(b) Any person who has been continuously registered as a hearing aid
dealer pursuant to the former article thirty-seven-A of this chapter for
less than three years but more than one year immediately preceding
January first, two thousand, or who submits evidence satisfactory to the
secretary of less than three years but more than one year's continuous
experience in the business of dispensing hearing aids in this state
immediately preceding January first, two thousand, may pay the
applicable fees and register as a hearing aid dispenser. Such registrant
shall be exempt from the requirements set forth in subparagraphs (iv),
(v) and (ix) of paragraph (a) of subdivision one of this section. Such
registrant shall achieve a passing score on the required registration
examination by December thirty-first, two thousand; provided further
that, upon failing to achieve a passing score such person shall continue
under the supervision of a registered hearing aid dispenser until such
time as a passing score is achieved, provided that such passing score is
achieved on an examination administered within twelve months of the
first examination.

(c) Any individual who has been continuously registered as a hearing
aid dealer pursuant to the former article thirty-seven-A of this chapter
for less than twelve months immediately preceding January first, two
thousand or any individual with less than twelve months experience in
the business of dispensing hearing aids in this state immediately
preceding January first, two thousand shall be required to comply with
all the requirements set forth in subdivision one of this section.

(d) Any person licensed pursuant to article one hundred fifty-nine of
the education law, who submits evidence satisfactory to the secretary of
experience of dispensing hearing aids in this state for the period
immediately preceding January first, two thousand, upon payment of
applicable fees shall be registered as a hearing aid dispenser and shall
be exempt from requirements set forth in subparagraph (iii) of paragraph
(b) of subdivision one of this section.

4. Upon application to the secretary, a temporary certificate of
registration authorized under section seven hundred ninety-five of this
article shall be issued to: (i) individuals who prove to the
satisfaction of the secretary that he or she will be supervised and
trained by one or more registered hearing aid dispensers for a period of
twelve months or (ii) individuals who are candidates for licensure under
article one hundred fifty-nine of the education law, have satisfied the
educational requirement in subdivision two of section eighty-two hundred
six of the education law, and are actively engaged in completing the
experience requirement in subdivision three of section eighty-two
hundred six of the education law. A temporary certificate of
registration may be renewed only once.

(a) A person holding a temporary certificate of registration shall not
be the sole proprietor of, manage, or independently operate a business
which engages in the business of dispensing hearing aids unless such
business employs a registered hearing aid dispenser.

(b) A person holding a temporary certificate of registration shall not
advertise or otherwise represent that he or she holds a certificate of
registration as a hearing aid dispenser.

(c) A person holding a temporary certificate of registration who is a
candidate for licensure under article one hundred fifty-nine of the
education law shall be exempt from the requirement to complete the
course of instruction prescribed by section seven hundred ninety-six of
this article.

5. (a) Any individual, corporation, partnership, trust, association or
other organization maintaining an established New York state business
address desiring to engage in the business of dispensing hearing aids at
retail, shall register with the department and submit the following
information:

(i) name and address or addresses of each permanent business location;

(ii) names and addresses of the principal owner or manager of the
business and if such owner is a corporation the names and titles of the
corporate officers; if a partnership, the name and title of the general
partners, if a limited liability company the name of the members or
managers, if a limited liability partnership, the names of the partners,
if a trust, the name of the trustee, if an association, the principal
officers; and

(iii) the appropriate fees.

(b) No such individual, corporation, partnership, trust, association
or other organization maintaining an established New York state business
address shall engage in the business of dispensing hearing aids unless
such organization:

(i) has obtained a valid business certificate of registration from the
secretary;

(ii) employs at least one registered hearing aid dispenser at each
business location who regularly dispenses hearing aids at that location;

(iii) files annually with the secretary a list of registered hearing
aid dispensers currently employed; and

(iv) files a statement with the secretary that such organization is in
compliance with the provisions of this article and rules and regu-
lations promulgated pursuant thereto and the regulations of the federal
food and drug administration and the federal trade commission.

6. The secretary may grant a certificate of registration upon
submission of an application and appropriate fees where such application
contains satisfactory proof that the applicant holds a valid hearing aid
dispenser's license or registration in another state, where the secre-
tary has determined such state has requirements equivalent to or higher
than those in effect pursuant to this article.

7. Notwithstanding the provisions of any law to the contrary, on or
after the first day of January first, two thousand, no person shall
engage in the dispensing of hearing aids in this state unless such
person is registered as a hearing aid dispenser in accordance with the
provisions of this article.

8. Notwithstanding the requirements of this section, the secretary
shall take steps necessary to provide for the immediate and orderly
registration of applicants qualified pursuant to this article. Persons
seeking to qualify for registration pursuant to paragraphs (b) and (c)
of subdivision three of this section shall be immediately entitled to a
temporary certificate of registration. Within one hundred twenty days of
the effective date of this subdivision, the secretary shall approve an
examination for completed registration pursuant to section seven hundred
ninety-six of this article.

9. Anyone registered as a hearing aid dealer on the effective date of
this article or who possesses the requisite experience for registration
pursuant to paragraphs (a) and (b) of subdivision three of this section
shall register on or before January first, two thousand and may continue
to dispense hearing aids as if registered if an application for
registration is submitted to the department within thirty days of the
effective date of this article.