The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8346

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to requiring hear-
  ing aid dispensers to provide prospective purchasers of  hearing  aids
  with information pertaining to audio switch technology

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph (iii) of paragraph (a)  of  subdivision  2  of
section  791 of the general business law, as added by chapter 599 of the
laws of 1998, is amended and a new subparagraph (iv) is added to read as
follows:
  (iii) the training of individuals in the use and maintenance  of  such
instruments; AND
  (IV)  REQUIREMENTS  FOR  HEARING AID DISPENSERS TO PROVIDE PROSPECTIVE
PURCHASERS OF HEARING AIDS WITH NOTIFICATION BY  THE  ATTENDING  HEARING
AID  SPECIALIST,  AT THE TIME OF THE INITIAL EXAMINATION FOR THE FITTING
AND SALE OF HEARING AIDS, OF TELECOIL, T-COIL, OR  T-SWITCH  TECHNOLOGY.
THE  RULES  AND REGULATIONS SHALL ALSO REQUIRE THAT HEARING AID SPECIAL-
ISTS  MAKE  PRINTED  EDUCATIONAL  MATERIALS  AVAILABLE  TO   PROSPECTIVE
PURCHASERS  OR  CLIENTS  INFORMATION  REGARDING  TELECOILS,  T-COILS  OR
T-SWITCHES AND SHALL INFORM EACH PROSPECTIVE PURCHASER THAT SUCH MATERI-
ALS ARE AVAILABLE AT THE TIME OF THE INITIAL EXAMINATION FOR FITTING AND
SALE OF A HEARING AID. SUCH INFORMATION SHALL INCLUDE ANY ADVANTAGES AND
DISADVANTAGES KNOWN TO THE HEARING AID  SPECIALIST,  SUCH  AS  INCREASED
ACCESS  TO  TELEPHONES  AND  NONINVASIVE ACCESS TO PUBLIC ACCOMMODATIONS
EQUIPPED WITH INDUCTION OR HEARING LOOPS OR ASSISTIVE LISTENING  SYSTEMS
REQUIRED  UNDER  THE AMERICANS WITH DISABILITIES ACT OF 1990, AS WELL AS
ANY INFORMATION BASED ON PERSONAL KNOWLEDGE AND EXPERIENCE OF THE  TELE-
COIL, T-COIL OR T-SWITCH TECHNOLOGY;
  S  2.  Paragraphs  (f)  and (g) of subdivision 2 of section 791 of the
general business law, as added by chapter 599 of the laws of  1998,  are
amended and a new paragraph (h) is added to read as follows:
  (f)  requirements  pertaining to the non-diagnostic testing of hearing
and sale of hearing aids at office, residential and other out of  office

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

A                                                          LBD13162-01-3

A. 8346                             2

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 aware-
ness 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 addi-
tion to such duties and other duties which may be assigned by the secre-
tary, 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[.]; AND
  (H) REQUIREMENTS THAT A PRINTED BILL OF  SALE  BE  DELIVERED  TO  EACH
PERSON  SUPPLIED  WITH  A HEARING AID BY THE HEARING AID DISPENSER OR AT
THE DISPENSER'S DIRECTION. THE BILL OF SALE SHALL, AT A MINIMUM, CONTAIN
THE FOLLOWING INFORMATION:
  (I) THE HEARING AID DISPENSER'S OR THE DISPENSING AUDIOLOGIST'S SIGNA-
TURE AND THE ADDRESS OF THAT PERSON'S REGULAR  PLACE  OF  PRACTICE;  THE
NUMBER OF THE DISPENSER'S OR AUDIOLOGIST'S LICENSE; A DESCRIPTION OF THE
MAKE  AND  MODEL  OF THE HEARING AID; THE AMOUNT CHARGED FOR THE HEARING
AID; THE SERIAL NUMBER AND THE CONDITION OF THE HEARING AID AS TO WHETH-
ER IT IS NEW, USED OR REBUILT; AND
  (II) LANGUAGE THAT VERIFIES THAT THE  DISPENSER  INFORMED  THE  CLIENT
PRIOR  TO  PURCHASE ABOUT AUDIO SWITCH TECHNOLOGY (TELECOILS), INCLUDING
BENEFITS SUCH AS INCREASED ACCESS TO TELEPHONES AND SOUND IN  PLACES  OF
PUBLIC  ACCOMMODATION. IF THE HEARING DEVICE PURCHASED BY THE CLIENT HAS
AUDIO SWITCH (T-COIL) TECHNOLOGY, THE CLIENT SHALL  BE  TRAINED  ON  THE
PROPER USE OF THE TECHNOLOGY. THE CLIENT SHALL BE INFORMED THAT AN AUDIO
SWITCH IS ALSO REFERRED TO AS A TELECOIL, T-COIL OR T-SWITCH. THE CLIENT
MUST INITIAL THIS NOTICE CONFIRMING THE DISPENSER'S COMPLIANCE WITH THIS
REQUIREMENT.
  S  3.  Subparagraph (ii) of paragraph (h) of subdivision 11 of section
798 of the general business law, as amended by chapter 301 of  the  laws
of 2000, is amended and a new paragraph (i) is added to read as follows:
  (ii)  If  the  dispenser  is  a  not-for-profit  hospital  or facility
licensed or certified pursuant to article  twenty-eight  of  the  public
health  law,  the  receipt  shall include, in immediate proximity to the
space reserved for the signature of the buyer, the  following  statement
in all capital letters of no less than twelve point bold-faced type: "IN
ADDITION  TO  OTHER  RIGHTS,  THE  BUYER  HAS  THE  RIGHT TO CANCEL THIS
PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO TWELVE MIDNIGHT OF THE 45TH
CALENDAR DAY ( ) AFTER RECEIPT OF THE HEARING AID AND RETURN THE HEARING
AID IN THE SAME CONDITION, ORDINARY WEAR AND TEAR EXCLUDED. BY LAW,  THE
DISPENSER IS ALLOWED TO RETAIN AN AMOUNT UP TO FIVE PERCENT OF THE TOTAL
PURCHASE  PRICE  OF  THE  CANCELLED HEARING AID, INCLUDING BATTERIES AND
CORDS OR ACCESSORIES THERETO, INCLUSIVE  OF  ALL  FEES  RELATED  TO  THE
DISPENSING  OF  THE HEARING AID, PLUS A SERVICE FEE OF NOT MORE THAN TWO
HUNDRED DOLLARS, UNLESS A SECOND HEARING AID WAS FITTED AND DISPENSED AT
THE SAME TIME AS THE FIRST, THEN SUCH FEE SHALL NOT EXCEED THREE HUNDRED
DOLLARS FOR BOTH HEARING AIDS.";
  (I) THAT THE REGISTRANT OR TRAINEE INFORMED THE PURCHASER PRIOR TO THE
CONSUMMATION OF THE SALE  ABOUT  AUDIO  SWITCH  TECHNOLOGY  (TELECOILS),
INCLUDING  BENEFITS SUCH AS INCREASED ACCESS TO TELEPHONES AND IN PUBLIC
ACCOMMODATIONS EQUIPPED WITH INDUCTION (OR HEARING) LOOPS. IF THE  HEAR-
ING  DEVICE  SOLD  TO  THE  PURCHASER  HAS  AUDIO SWITCH TECHNOLOGY, THE
PURCHASER SHALL BE TRAINED ON THE PROPER  USE  OF  THE  TECHNOLOGY.  THE

A. 8346                             3

PURCHASER  SHALL BE INFORMED THAT AN AUDIO SWITCH IS ALSO REFERRED TO AS
A TELECOIL, T-COIL OR T-SWITCH AND THAT THERE MAY BE  SEPARATE  SETTINGS
FOR  TELEPHONE  AND  PUBLIC  T-COIL  USE  IN HEARING. THE PURCHASER MUST
INITIAL  THIS  NOTICE  CONFIRMING  THE REGISTRANT'S COMPLIANCE WITH THIS
REQUIREMENT.
  S 4. This act shall take effect immediately.