BILL NUMBER:A10056
TITLE OF BILL: An act to amend the general business law, in relation to
permitting certain professionals to dispense hearing aids for a profit
PURPOSE OR GENERAL IDEA OF BILL: To allow otolaryngologists to sell
and/or dispense hearing aids for profit to patients.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 removes the prohibition of
otolaryngologists to engage in the business of dispensing hearing aids
for profit and requires them to conduct repairs and maintenance on hear-
ing aids they dispense.
Section 2 provides for an effective date.
JUSTIFICATION: At this time, hearing impaired individuals must be eval-
uated and diagnosed by an otolaryngologist, better known as an Ear-Nose-
and-Throat doctor, and may be referred to an Audiologist to conduct
further hearing tests and obtaining hearing aids. Audiologists have a
limited scope of practice while otolaryngologists have received signif-
icant training in treating the hearing impaired patients and should be
allowed to dispense and repair hearing aids. This will allow patients
to see fewer doctors and specialists, saving them treatments costs and
copayments.
PRIOR LEGISLATIVE HISTORY: This is a new bill
S T A T E O F N E W Y O R K
________________________________________________________________________
10056
I N A S S E M B L Y
March 1, 2010
___________
Introduced by M. of A. DINOWITZ, KELLNER -- read once and referred to
the Committee on Higher Education
AN ACT to amend the general business law, in relation to permitting
certain professionals to dispense hearing aids for a profit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and subdivision 1 of section 802 of the
general business law, the section heading as added by chapter 599 of the
laws of 1998, subdivision 1 as designated by chapter 301 of the laws of
2000, are amended to read as follows:
Special provisions[; not-for-profit sales]. 1. [No otolaryngologist
or other licensed physician who has conducted a medical evaluation of
hearing loss shall engage in the business of dispensing hearing aids for
a profit.] No otolaryngologist or other licensed physician who has
dispensed a hearing aid shall refuse or fail to perform repairs or
service on any hearing aid that they have dispensed.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15741-01-0
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