§ 791. Hearing aid dispensing advisory board. 1. There is created
within the department a hearing aid dispensing advisory board which
shall consist of thirteen members to be appointed by the secretary: four
of whom shall be non-audiologist hearing aid dispensers who shall have
been engaged in the business of dispensing hearing aids primarily in
this state for at least five years immediately preceding their
appointment, two to be appointed upon the recommendation of the
governor, one to be appointed upon the recommendation of the temporary
president of the senate and one to be appointed upon the recommendation
of the speaker of the assembly; four members shall be audiologists who
are engaged in the dispensing of hearing aids for at least five years
immediately preceding their appointment, two to be appointed upon the
recommendation of the governor, one to be appointed upon the
recommendation of the temporary president of the senate and one to be
appointed upon the recommendation of the speaker of the assembly; two
shall be otolaryngologists; and the remaining three members, none of
whom shall derive nor have derived in the past economic benefit from the
business of dispensing hearing aids, shall be from the resident lay
public of this state who are knowledgeable about issues related to
hearing loss. At least one lay member shall be an individual
representing adults over the age of fifty. At least one of the lay
members shall be a hearing aid user. Of the otolaryngologists and lay
members, one shall be appointed by the secretary on the recommendation
of the minority leader of the senate and one shall be appointed by the
secretary on the recommendation of the minority leader of the assembly
and three shall be appointed by the secretary on the recommendation of
the governor. Each member of the board shall be appointed for a term of
two years. Any member may be appointed for additional terms. In the
event that any member shall die or resign during his or her term, a
successor shall be appointed in the same manner and with the same
qualifications as set forth in this section. A member may be reappointed
for successive terms but no member shall serve more than a total of ten
years. The secretary or the designee of the secretary shall serve in an
ex officio non-voting position. The secretary shall serve as
chairperson. The commissioner of education, the commissioner of health,
and the attorney general or their designees shall serve as non-voting ex
officio members.

2. The board shall advise and make recommendations regarding, and the
secretary, upon consideration of such advice, shall promulgate rules and
regulations, governing the implementation of the provisions of this
article and the development of such rules and regulations as are
required. In addition to other advice, the board shall advise the
secretary with respect to the promulgation of rules and regulations
governing:

(a) the rights of consumers of hearing aids including but not limited
to (i) procedures whereby a consumer may file a complaint against those
in violation of this article; and (ii) requirements for hearing aid
dispensers to provide consumers with printed educational information on
the general use of hearing aids and assistive listening devices and on
the advantages and disadvantages of binaural hearing aid use and (iii)
the training of individuals in the use and maintenance of such
instruments;

(b) continuing education including but not limited to (i) the content
of such course of study, (ii) the procedures for approval of such course
of study and (iii) those individuals and organizations who may
permissibly offer such continuing education course or courses provided
for in section seven hundred ninety-four of this article;

(c) the content, delivery and evaluation of any examination required
as a condition of registration;

(d) the standards for advertisements, including but not limited to,
proscriptions against misleading advertising relating to the scope of
hearing aid dispensing practices, credentials of individual hearing aid
dispensers, and the function, use and reliability of a particular
hearing instrument;

(e) requirements for the secretary to regularly examine compliance
with this article;

(f) requirements pertaining to the non-diagnostic testing of hearing
and sale of hearing aids at office, residential and other out of office
settings and the development of environmental standards for testing at
office, residential and other out of office settings; requirements
pertaining to telemarketing; and

(g) procedures that the secretary could use to increase public
awareness of how to properly purchase, fit, adjust and use a hearing
aid, as well as the rights of hearing aid purchasers under state law. In
addition to such duties and other duties which may be assigned by the
secretary, the board shall consult with the secretary, the commissioner
of education and such other persons as may be appropriate to determine
the proper level and degree of education for a hearing aid dispenser,
the type of degree and the proper educational institution to offer such
education and all other related issues.

3. Meetings of the board shall be set at such times as determined by
the secretary but in no event fewer than four times annually.

4. The members of the board shall serve without compensation, however,
they shall receive reimbursement for their actual and necessary expenses
incurred in the performance of their duties.

5. The secretary shall keep a record of all proceedings of the board
and such record shall be open to public examination.