The New York State Senate

                    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.