Bill Text: NY A00089 | 2019-2020 | General Assembly | Introduced


Bill Title: Authorizes dispensing audiologists, employed by a otolaryngologist who has conducted an evaluation for hearing loss, to dispense hearing aids for a profit; requires certain disclosures.

Spectrum: Moderate Partisan Bill (Democrat 25-6)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A00089 Detail]

Download: New_York-2019-A00089-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           89
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (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:
     1    Section  1. Section 802 of the general business law, as added by chap-
     2  ter 599 of the laws of 1998, subdivision 1 as designated and subdivision
     3  2 as added by chapter 301 of the laws of 2000, is  amended  to  read  as
     4  follows:
     5    §  802.  Special  provisions;  not-for-profit sales. 1. [No] Except as
     6  provided in subdivision three of this section,  no  otolaryngologist  or
     7  other licensed physician who has conducted a medical evaluation of hear-
     8  ing  loss  shall engage in the business of dispensing hearing aids for a
     9  profit.  No  otolaryngologist  or  other  licensed  physician  who   has
    10  dispensed  a  hearing  aid  shall  refuse  or fail to perform repairs or
    11  service on any hearing aid that they have dispensed.
    12    2. Every licensed physician who engages in the dispensing  of  hearing
    13  aids in compliance with the provisions of this section shall be required
    14  to  comply with sections seven hundred ninety-one, seven hundred ninety-
    15  eight and eight hundred three of this article, in addition to compliance
    16  with this section.
    17    3. An audiologist or hearing aid dispenser licensed under article  one
    18  hundred  fifty-nine of the education law employed by an otolaryngologist
    19  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
     1  hearing  aids  for  profit  provided  that  the otolaryngologist who has
     2  conducted a medical evaluation of hearing loss provides to the patient a
     3  list containing the name and office location of five hearing aid dispen-
     4  sers  with  a  place of business located within the same county in which
     5  the  otolaryngologist's  office  is  located  and  a  written  statement
     6  disclosing that the otolaryngologist's office will receive a profit from
     7  the  sale of any hearing aid device. In the event that there exist fewer
     8  than five hearing aid dispensers within the same  county  in  which  the
     9  otolaryngologist  is  located, then the otolaryngologist must provide to
    10  the patient a list containing the name and office location of the  hear-
    11  ing  aid  dispensers with a place of business within the county in which
    12  the otolaryngologist's office is located.
    13    § 2. This act shall take effect immediately.
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