S T A T E O F N E W Y O R K
________________________________________________________________________
195--A
2017-2018 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 4, 2017
___________
Introduced by M. of A. BUCHWALD, ABINANTI, SIMON, SKOUFIS, PALUMBO,
FRIEND, GALEF, GUNTHER, ARROYO, CRESPO, QUART, SEAWRIGHT, DILAN,
TITONE, FINCH, McDONOUGH, LIFTON, FAHY, JAFFEE, PAULIN, PICHARDO,
STECK, BLAKE, ENGLEBRIGHT, RA, CYMBROWITZ, LAWRENCE -- Multi-Sponsored
by -- M. of A. ABBATE, COOK, CROUCH, LUPARDO, MAGEE, PRETLOW, SOLAG-
ES, THIELE, WALKER -- read once and referred to the Committee on High-
er Education -- 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:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01686-02-7
A. 195--A 2
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 DISPENSERS WITH A PLACE OF BUSINESS LOCATED WITHIN THE SAME COUNTY
IN WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED, AND A WRITTEN STATE-
MENT 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'S IS LOCATED, THEN THE OTOLARYNGOLOGIST MUST
PROVIDE TO THE PATIENT A LIST CONTAINING THE NAME AND OFFICE LOCATION OF
THE HEARING AID DISPENSERS WITH A PLACE OF BUSINESS WITHIN THE COUNTY IN
WHICH THE OTOLARYNGOLOGIST'S OFFICE IS LOCATED.
§ 2. This act shall take effect immediately.