Senate Bill S4080A

2015-2016 Legislative Session

Authorizes certain audiologists and hearing aid dispensers to dispense hearing aids for a profit

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 27, 2016	print number 4080a
Apr 27, 2016	amend (t) and recommit to consumer protection
Jan 06, 2016	referred to consumer protection
Feb 26, 2015	referred to consumer protection

Bill Amendments

Original

A (Active)

co-Sponsors

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2015-S4080 - Details

See Assembly Version of this Bill:: A127
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §802, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A10106
2017-2018: A195
2019-2020: A89

2015-S4080 - Summary

Authorizes certain audiologists and hearing aid dispensers to dispense hearing aids for a profit.

2015-S4080 - Sponsor Memo

                                BILL NUMBER:S4080

TITLE OF BILL:

An  act  to  amend  the  general business law, in relation to permitting
certain audiologists and hearing aid dispensers to dispense hearing aids
for a profit; and providing for the repeal of such provisions upon expi-
ration thereof

PURPOSE:

To allow until December 1, 2017 audiologists and  licensed  hearing  aid
dispensers  employed by an otolaryngologist to dispense hearing aids for
profit to patients for a two-year trial period  and  to  provide  for  a
report on the impact of this provisions of this act on consumers.

SUMMARY OF PROVISIONS:

Section  1:  Allows  an  audiologist  or licensed hearing aid dispenser,
employed by an otolaryngologist who has conducted a  medical  evaluation
of a patient's hearing loss, to dispense hearing aids for a profit.

Section  2:  Provides  that  the  Division of Consumer Protection of the
Department of State shall prepare a written report on the impact of  the
provisions of this act on consumers, and that an advisory panel shall be
appointed by the Secretary of State consisting of representatives of the

profession,  consumer  groups and other interested parties to facilitate
the study leading to the report, which must be submitted by December  1,
2017.

Section  3:  Provides an effective date in that the act will take effect
immediately but shall expire and be deemed repealed December 1, 2017.

JUSTIFICATION:

Individuals with hearing  impairments  visit  otolaryngologists,  better
known  as an Ear-Nose-and-Throat doctors (ENTs), to be diagnosed and may
be referred to an audiologist to conduct further hearing  tests  and  to
obtain  hearing  aids.  Audiologists are often employed by otolaryngolo-
gists and have received significant training in  providing  services  to
hearing-impaired  patients.  Licensed hearing aid dispensers can also be
employed by otolaryngologists and must register with the  Department  of
State, pass exams and fulfill continuing education requirements. Accord-
ingly,  audiologists  and  licensed  hearing  aid  dispensers  should be
allowed to dispense and repair hearing aids for a profit.

Currently,  an  independently  practicing  audiologist  or  hearing  aid
dispenser  is  allowed  to dispense hearing aids for a profit. This bill
would extend this same treatment to audiologists  and  licensed  hearing
aid dispensers who work in an otolaryngologist's/ENT's office. This will
allow  patients  to see fewer doctors and specialists, saving them time,
expenses and  co-payments.Any  otolaryngology  office  that  employs  an

audiologist and/or licensed hearing aid dispenser and also sells hearing
aids  would  be  required to disclose a list of 5 other licensed hearing
aid dispensers within their respective county as well as  disclose  that
there  will  be  a  profit  made  from the sale of the device. This will
ensure consumers are aware of their choices.

This legislation also ensures that  the  effects  of  this  act  on  the
marketplace  will  be  monitored  by directing the Secretary of State to
issue a report on or before December  1,  2017  on  the  impact  of  the
provisions of this act on consumers. The authority for hearing aid sales
granted in this bill sunsets on December 1, 2017.

LEGISLATIVE HISTORY:

New Bill.
2014: A.10106 (Buchwald) - Referred to Consumer Affairs and Protection

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This  act  shall  take effect immediately and shall expire and be deemed
repealed December 1, 2017.

2015-S4080 - Bill Text download pdf

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

                                  4080

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced  by  Sen.  MURPHY -- 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  audiologists  and  hearing aid dispensers to dispense hearing
  aids for a profit; and providing for the  repeal  of  such  provisions
  upon expiration thereof

  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 OR HEARING AID DISPENSER LICENSED UNDER ARTICLE ONE
HUNDRED FIFTY-NINE OF THE EDUCATION LAW EMPLOYED BY AN  OTOLARYNGOLOGIST
WHO  HAS  CONDUCTED  A  MEDICAL  EVALUATION OF HEARING LOSS MAY DISPENSE
HEARING AIDS FOR PROFIT  PROVIDED  THAT  THE  OTOLARYNGOLOGIST  WHO  HAS
CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A
LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING AID DISPEN-
SERS  WITH  A PLACE OF BUSINESS LOCATED WITHIN THE SAME COUNTY WHICH THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00090-01-5

S. 4080                             2

OTOLARYNGOLOGIST'S OFFICE IS LOCATED AND A WRITTEN STATEMENT  DISCLOSING
THAT  THE  OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT FROM THE SALE
OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST FEWER THAN FIVE
HEARING AID DISPENSERS WITHIN THE SAME COUNTY IN WHICH THE OTOLARYNGOLO-
GIST IS LOCATED, THEN THE OTOLARYNGOLOGIST MUST PROVIDE TO THE PATIENT A
LIST  CONTAINING THE NAME AND OFFICE LOCATION OF THE HEARING AID DISPEN-
SERS  WITH  A  PLACE  OF  BUSINESS  WITHIN  THE  COUNTY  IN  WHICH   THE
OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
  S  2.  1.  On or before December 1, 2017, the secretary of state shall
submit to the governor, the  temporary  president  of  the  senate,  the
speaker  of  the  assembly,  the  minority leaders of the senate and the
assembly, the chairman and  ranking  minority  member  of  the  consumer
protection  committee  in  the  senate  and  assembly,  a written report
prepared by the division of consumer protection  of  the  department  of
state. Such report shall concern a study of the impact of the provisions
of this act on consumers. The data and supporting documentation underly-
ing  the report, to the extent allowed by law, shall be available to the
persons designated to receive a copy of the final report.
  2. In order to provide professional and technical advice to the  divi-
sion  of  consumer  protection  with  this study, the secretary of state
shall appoint an advisory panel consisting  of  representatives  of  the
profession,  consumer  groups,  and  other interested parties or persons
such secretary and chairperson of such  panel  shall  deem  appropriate.
Prior  to  the initiation of the study prescribed hereunder, such secre-
tary and chairperson of such panel shall submit to  the  persons  desig-
nated  to  receive  a copy of the report, a work plan that describes the
study and indicates the members of the advisory panel.
  S 3. This act shall take effect immediately and shall  expire  and  be
deemed repealed December 1, 2017.

co-Sponsors

View additional co-sponsors

2015-S4080A (ACTIVE) - Details

See Assembly Version of this Bill:: A127
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §802, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A10106
2017-2018: A195
2019-2020: A89

2015-S4080A (ACTIVE) - Summary

Authorizes certain audiologists and hearing aid dispensers to dispense hearing aids for a profit.

2015-S4080A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4080A

 TITLE OF BILL :

An act to amend the general business law, in relation to permitting
certain audiologists and hearing aid dispensers to dispense hearing
aids for a profit

 PURPOSE :

To allow audiologists and licensed hearing aid dispensers employed by
an otolaryngologist to dispense hearing aids for profit to patients.

 SUMMARY OF PROVISIONS :

Section 1: Allows an audiologist or licensed hearing aid dispenser,
employed by an otolaryngologist who has conducted a medical evaluation
of a patient's hearing loss, to dispense hearing aids for a profit.
This bill would require that any such audiologist or hearing aid
dispenser provide a list of five other licensed hearing aid dispensers
within their respective county, and also disclose that there will be
profit made from the sale of the device to ensure consumers are aware
of their options.

Section 2 states this act shall take effect immediately.

 JUSTIFICATION :

In 2009, Consumer Reports magazine reported the best providers of
hearing aids (apart from Veteran Affairs facilities) are medical
offices headed by otolaryngologists, better known as
EarNose-and-Throat doctors(ENT's), that employ audiologists to fit and
dispense hearing aids. However, under existing law,
otolaryngologists/ENT's are not allowed to sell hearing aids to
consumers unless they make no more than five percent profit.
Conversely, independently practicing audiologists or hearing aid
dispensers, including at big box stores, are allowed to dispense
hearing aids at any rate of profit.

Individuals with hearing impairments visit ENTs, to be diagnosed and
may be referred to an audiologist to conduct further hearing tests and
to obtain hearing aids. Audiologists are often employed by
otolaryngologists and have received significant training in providing
services to hearing-impaired patients. Licensed hearing aid dispensers
can also be employed by otolaryngologists and must register with the
Department of State, pass exams and fulfill continuing education
requirements. Accordingly, audiologists and licensed hearing aid
dispensers should be allowed to dispense and repair hearing aids for a
profit.

Currently, an independently practicing audiologist or hearing aid
dispenser is allowed to dispense hearing aids for a profit. This bill
would extend this same treatment to audiologists and licensed hearing
aid dispensers who work in an otolaryngologists/ENTs offices. This
will allow patients to see fewer doctors and specialists, saving them
time, expenses and co-payments. Any otolaryngology office that employs
an audiologist and/or licensed hearing aid dispenser and also sells
hearing aids would be required to disclose a list of 5 other licensed
hearing aid dispensers within their respective county as well as
disclose that there will be a profit made from the sale of the device.
This will ensure consumers are aware of their choices.

 LEGISLATIVE HISTORY :

New Bill.

2014: A.10106 (Buchwald) - Referred to Consumer Affairs and Protection

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S4080A (ACTIVE) - Bill Text download pdf

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

                                 4080--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 26, 2015
                               ___________

Introduced by Sens. MURPHY, BOYLE, ESPAILLAT, KENNEDY, KRUEGER, LATIMER,
  PARKER  --  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  and  hearing aid dispensers 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 OR HEARING AID DISPENSER LICENSED UNDER ARTICLE  ONE
HUNDRED  FIFTY-NINE OF THE EDUCATION LAW EMPLOYED BY AN OTOLARYNGOLOGIST
WHO HAS CONDUCTED A MEDICAL EVALUATION  OF  HEARING  LOSS  MAY  DISPENSE
HEARING  AIDS  FOR  PROFIT  PROVIDED  THAT  THE OTOLARYNGOLOGIST WHO HAS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00090-05-6

S. 4080--A                          2

CONDUCTED A MEDICAL EVALUATION OF HEARING LOSS PROVIDES TO THE PATIENT A
LIST CONTAINING THE NAME AND OFFICE LOCATION OF FIVE HEARING AID DISPEN-
SERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME  COUNTY  IN  WHICH
THE  OTOLARYNGOLOGIST'S  OFFICE  IS  LOCATED  AND  A  WRITTEN  STATEMENT
DISCLOSING THAT THE OTOLARYNGOLOGIST'S OFFICE WILL RECEIVE A PROFIT FROM
THE SALE OF ANY HEARING AID DEVICE. IN THE EVENT THAT THERE EXIST  FEWER
THAN  FIVE  HEARING  AID  DISPENSERS WITHIN THE SAME COUNTY IN WHICH THE
OTOLARYNGOLOGIST IS LOCATED, THEN THE OTOLARYNGOLOGIST MUST  PROVIDE  TO
THE  PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF THE HEAR-
ING AID DISPENSERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY  IN  WHICH
THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
  S 2. This act shall take effect immediately.

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Senate Bill S4080A

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

co-Sponsors

2015-S4080 - Details

2015-S4080 - Summary

2015-S4080 - Sponsor Memo

2015-S4080 - Bill Text download pdf

co-Sponsors

2015-S4080A (ACTIVE) - Details

2015-S4080A (ACTIVE) - Summary

2015-S4080A (ACTIVE) - Sponsor Memo

2015-S4080A (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

co-Sponsors

2015-S4080 - Details

2015-S4080 - Summary

2015-S4080 - Sponsor Memo

2015-S4080 - Bill Text download pdf

co-Sponsors

2015-S4080A (ACTIVE) - Details

2015-S4080A (ACTIVE) - Summary

2015-S4080A (ACTIVE) - Sponsor Memo

2015-S4080A (ACTIVE) - Bill Text download pdf

Comments