| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 16, 2012 |
print number 5164b |
| May 16, 2012 |
amend and recommit to consumer protection |
| Feb 29, 2012 |
print number 5164a |
| Feb 29, 2012 |
amend (t) and recommit to consumer protection |
| Jan 04, 2012 |
referred to consumer protection |
| May 03, 2011 |
referred to consumer protection |
Senate Bill S5164B
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
Bill Amendments
co-Sponsors
(D) Senate District
(D, WF) 28th Senate District
(R, C, IP) Senate District
2011-S5164 - Details
2011-S5164 - Sponsor Memo
BILL NUMBER:S5164
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:
To allow otolaryngologists to sell and/or dispense hearing aids for
profit to patients.
SUMMARY OF 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 hearing aids they dispense.
Section 2 provides for an effective date.
JUSTIFICATION:
At this time, hearing impaired individuals must be evaluated 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 significant 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
2011-S5164 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5164
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
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.
LBD04505-01-1
co-Sponsors
(D) Senate District
(D, WF) 28th Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2011-S5164A - Details
2011-S5164A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5164--A
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sens. LITTLE, AVELLA, KRUEGER, ZELDIN -- read twice and
ordered printed, and when printed to be committed to the Committee on
Consumer Protection -- recommitted to the Committee on Consumer
Protection in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law, in relation to permitting
certain audiologists 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, 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 hear-
ing loss shall engage in the business of dispensing hearing aids for a
profit. A DISPENSING AUDIOLOGIST, EMPLOYED BY A PHYSICIAN WHO HAS
CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS, MAY DISPENSE HEARING
AIDS FOR 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.
LBD04505-02-2
co-Sponsors
(D) Senate District
(D, WF) 28th Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2011-S5164B (ACTIVE) - Details
2011-S5164B (ACTIVE) - Sponsor Memo
BILL NUMBER:S5164B
TITLE OF BILL:
An act
to amend the general business law, in relation to permitting certain
audiologists to dispense hearing aids for a profit
PURPOSE:
To allow audiologists employed by a physician to dispense
hearing aids for a profit to patients.
SUMMARY OF PROVISIONS:
Section 1 Provides that a licensed audiologist employed by an
otolaryngologist or other licensed physician who has conducted a
medical evaluation of hearing loss, may dispense hearing aids for
profit provided that the otolaryngologist or other licensed physician
provides to the patient a list containing the name and office
location of five hearing aid dispensers located within the same
county. Further, the bill provides that the physician's office shall
provide a written statement disclosing that the office will receive a
profit from the sale of any hearing aid device.
Section 2 contains the effective date.
JUSTIFICATION:
At this time, hearing impaired individuals must be
2011-S5164B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5164--B
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sens. LITTLE, AVELLA, KRUEGER, McDONALD, YOUNG, ZELDIN --
read twice and ordered printed, and when printed to be committed to
the Committee on Consumer Protection -- recommitted to the Committee
on Consumer Protection in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to permitting
certain audiologists 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. Section 802 of the general business law, as added by chap-
ter 599 of the laws of 1998, subdivision 1 as designated and subdivision
2 as added by chapter 301 of the laws of 2000, is amended to read as
follows:
S 802. Special provisions; not-for-profit sales. 1. [No] EXCEPT AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION, NO otolaryngologist or
other licensed physician who has conducted a medical evaluation of hear-
ing 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.
2. Every licensed physician who engages in the dispensing of hearing
aids in compliance with the provisions of this section shall be required
to comply with sections seven hundred ninety-one, seven hundred ninety-
eight and eight hundred three of this article, in addition to compliance
with this section.
3. AN AUDIOLOGIST LICENSED UNDER ARTICLE ONE HUNDRED FIFTY-NINE OF THE
EDUCATION LAW WHO IS A HEARING AID DISPENSER AND IS EMPLOYED BY AN
OTOLARYNGOLOGIST OR OTHER LICENSED PHYSICIAN WHO HAS CONDUCTED A MEDICAL
EVALUATION OF HEARING LOSS, MAY DISPENSE HEARING AIDS FOR PROFIT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04505-05-2
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.