S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1156
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. 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. 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
 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  FOR  HEARING  AID DISPENSERS TO PROVIDE PROSPECTIVE
 PURCHASERS OR USERS OF HEARING AIDS WITH INFORMATION IN WRITING, AT  THE
 TIME  OF  THE  INITIAL  EXAMINATION  FOR THE FITTING AND SALE OF HEARING
 AIDS, REGARDING TELECOIL, T-COIL, OR T-SWITCH TECHNOLOGY.  SUCH INFORMA-
 TION SHALL INCLUDE INFORMATION SUFFICIENT TO ENABLE PROSPECTIVE PURCHAS-
 ERS OR USERS TO MAKE AN INFORMED DECISION ABOUT PURCHASING HEARING  AIDS
 WITH TELECOIL, T-COIL OR T-SWITCH TECHNOLOGY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03280-01-9

 A. 1156                             2
 
   §  2.  Paragraphs  (a)  and (b) of subdivision 9 of section 798 of the
 general business law, as added by chapter 599 of the laws of  1998,  are
 amended and a new paragraph (c) is added to read as follows:
   (a)  complied with all provisions of state laws and regulations relat-
 ing to the dispensing of hearing aids; [and]
   (b) has informed the purchaser of the  address  and  office  hours  at
 which  the  registrant  shall  be  available for fitting or post-fitting
 adjustments and servicing of the hearing aid or aids sold[.]; AND
   (C) IF THE HEARING AID HAS TELECOIL, T-COIL, OR  T-SWITCH  TECHNOLOGY,
 HAS  INFORMED THE PROSPECTIVE HEARING AID USER THAT SUCH HEARING AID HAS
 SUCH TECHNOLOGY AND, IF REQUESTED BY THE PROSPECTIVE HEARING  AID  USER,
 TRAINED THE PROSPECTIVE HEARING AID USER ON THE PROPER USE OF SUCH TECH-
 NOLOGY.
   §  3.  Subdivision  11  of  section 798 of the general business law is
 amended by adding a new paragraph (i) to read as follows:
   (I) LANGUAGE THAT VERIFIES THAT THE HEARING AID DISPENSER INFORMED THE
 CLIENT PRIOR TO PURCHASE ABOUT TELECOIL, T-COIL, OR T-SWITCH TECHNOLOGY.
 THE  CLIENT  MUST  INITIAL  THIS  NOTICE  CONFIRMING  THE  HEARING   AID
 DISPENSER'S COMPLIANCE WITH THIS REQUIREMENT.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized and directed  to
 be made and completed on or before such effective date.