§ 796. Training program; requirements; examination and re-examination.
1. The secretary, in consultation with the board, shall establish a
full-time, twelve month training program for those persons wishing to
apply for registration as a hearing aid dispenser, except those hearing
aid dispensers otherwise licensed pursuant to article one hundred
fifty-nine of the education law. For the purposes of this section,
"full-time" shall mean seven hours per day for five days a week. Such
program shall be conducted by a registered hearing aid dispenser or
taught by appropriate faculty with credentials to verify substantial
educational knowledge in the topics outlined below. Any trainee entering
such a program shall operate under the direct supervision of a
registered hearing aid dispenser for the first three months of such
program. In addition, during such period, the trainee shall
satisfactorily complete a course of instruction, which includes, but is
not limited to, the following topics:

(a) acoustics: general principles.

(b) acoustics: hearing and speech.

(c) the human ear.

(d) disorders of hearing.

(e) puretone audiometry.

(f) speech audiometry.

(g) hearing analysis.

(h) hearing aids and instruments.

2. (a) During the first three months of such program, no trainee shall
perform any activity directly related to the dispensing of a particular
hearing aid or hearing aids unless such activity is conducted under the
direct supervision of a registered hearing aid dispenser. For purposes
of this section, "direct supervision" shall mean activity under the
immediate observation and control of a registered hearing aid dispenser
and shall require the registered hearing aid dispenser to be physically
present during all dispensing activities of the trainee.

(b) For the next three months, no trainee shall perform any activity
directly related to the dispensing of a particular hearing aid or
hearing aids unless such activity is conducted with the immediate
consent, review and approval of a registered hearing aid dispenser. For
such purposes, the registered hearing aid dispenser shall be located on
the premises and immediately available to the trainee but shall not be
required to be physically present at all times.

3. For the entire twelve month training period, the registered hearing
aid dispenser shall be held fully responsible for all actions of the
trainee. Any aspect of the dispensing of hearing aids performed by a
trainee shall be reviewed and approved by the registered hearing aid
dispenser prior to the final disposition of any contractual agreement.
The signatures of both the trainee and the registered hearing aid
dispenser shall be required on all contracts in which a trainee has
participated.

4. Upon application, payment of the required registration fee to the
secretary, and satisfaction of all applicable registration requirements,
the applicant shall receive a temporary certificate of registration and
shall enter a training program. The twelve month program shall commence
from the date of issuance of the temporary certificate of registration.
No individual may begin a training program or otherwise engage in the
dispensing of hearing aids without a valid temporary certificate of
registration.

5. (a) A trainee may take the required course of instruction under the
supervision of a registered hearing aid dispenser provided that such
course of instruction has been approved by the secretary.

(b) A trainee may take the required course of instruction from any
other provider offering a course of instruction approved by the
secretary.

(c) At the conclusion of each component, the performance of the
trainee shall be evaluated by the registered hearing aid dispenser or
offeror of such approved course. Upon satisfactory completion of all
components of the course of instruction, the trainee and the registered
hearing aid dispenser or offeror shall transmit to the secretary proof
of the satisfactory completion of each component which shall have been
signed and affirmed as true under the penalties of perjury.

6. Upon satisfactory completion of the course of instruction required
by this section and successful completion of at least six months of the
training program, the trainee may take the written examination and
practical test of proficiency offered by the secretary.

7. (a) Each applicant shall be required to pass a written examination
covering the following areas, including but not limited to areas of
required instruction in the training program, as they pertain to the
dispensing of hearing aids:

(i) basic physics of sound;

(ii) the anatomy and physiology of the ear; and the pathology of the
ear as it relates to hearing aid fitting;

(iii) the function of hearing aids;

(iv) hearing aid evaluation; and

(v) knowledge and understanding of this article and the regulations
adopted pursuant to it.

(b) in addition, the trainee shall also pass a practical test of
proficiency in techniques that pertain to the fitting of hearing aids.

8. (a) If a trainee fails to pass the written examination or practical
test of proficiency, he or she may request, and be given the opportunity
to review the score of the exam according to the rules and regulations
of the secretary.

(b) During the period of registration and the renewal thereof, a
trainee may sit for the written exam and the practical test of
proficiency exam or any combination thereof up to three times. The exam
shall include both the written and practical components. A trainee who
has passed any component of the examination within the prior six months
need not re-take that component for final passage. A trainee who takes
the exam three times but does not pass the entire exam or remaining
individual component of the exam shall be terminated and shall be
required to commence the training program including direct supervision
and courses of study as if he or she is a new applicant. No trainee who
fails such examination three times during such period shall be eligible
for permanent registration until he or she has repeated the traineeship
and passed the examination as required.

9. The examination shall be given at convenient times and places
during the calendar year but in no event fewer than four times per year.
The secretary shall prescribe the content and format of such
examination.