S T A T E O F N E W Y O R K
________________________________________________________________________
89
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. BUCHWALD, ABINANTI, SIMON, PALUMBO, FRIEND,
GALEF, GUNTHER, ARROYO, CRESPO, QUART, SEAWRIGHT, DILAN, FINCH, McDO-
NOUGH, LIFTON, FAHY, JAFFEE, PAULIN, STECK, BLAKE, ENGLEBRIGHT,
LAWRENCE, CYMBROWITZ -- Multi-Sponsored by -- M. of A. ABBATE, COOK,
CROUCH, LUPARDO, PRETLOW, SOLAGES, THIELE, WALKER -- read once and
referred to the Committee on Higher Education
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:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00409-01-9
A. 89 2
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 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.
§ 2. This act shall take effect immediately.