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
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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
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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.