2013 New York Consolidated Laws
GBS - General Business
Article 37-A - (788 - 805) REGISTRATION OF HEARING AID DISPENSERS
791 - Hearing aid dispensing advisory board.

 
    §  791.  Hearing  aid  dispensing  advisory board. 1. There is created
  within the department a hearing  aid  dispensing  advisory  board  which
  shall consist of thirteen members to be appointed by the secretary: four
  of  whom  shall be non-audiologist hearing aid dispensers who shall have
  been engaged in the business of dispensing  hearing  aids  primarily  in
  this   state  for  at  least  five  years  immediately  preceding  their
  appointment,  two  to  be  appointed  upon  the  recommendation  of  the
  governor,  one  to be appointed upon the recommendation of the temporary
  president of the senate and one to be appointed upon the  recommendation
  of  the  speaker of the assembly; four members shall be audiologists who
  are engaged in the dispensing of hearing aids for at  least  five  years
  immediately  preceding  their  appointment, two to be appointed upon the
  recommendation  of  the  governor,  one  to  be   appointed   upon   the
  recommendation  of  the  temporary president of the senate and one to be
  appointed upon the recommendation of the speaker of  the  assembly;  two
  shall  be  otolaryngologists;  and  the remaining three members, none of
  whom shall derive nor have derived in the past economic benefit from the
  business of dispensing hearing aids, shall  be  from  the  resident  lay
  public  of  this  state  who  are  knowledgeable about issues related to
  hearing  loss.  At  least  one  lay  member  shall  be   an   individual
  representing  adults  over  the  age of fifty.   At least one of the lay
  members shall be a hearing aid user. Of the  otolaryngologists  and  lay
  members,  one  shall be appointed by the secretary on the recommendation
  of the minority leader of the senate and one shall be appointed  by  the
  secretary  on  the recommendation of the minority leader of the assembly
  and three shall be appointed by the secretary on the  recommendation  of
  the  governor. Each member of the board shall be appointed for a term of
  two years. Any member may be appointed  for  additional  terms.  In  the
  event  that  any  member  shall  die or resign during his or her term, a
  successor shall be appointed in  the  same  manner  and  with  the  same
  qualifications as set forth in this section. A member may be reappointed
  for  successive terms but no member shall serve more than a total of ten
  years. The secretary or the designee of the secretary shall serve in  an
  ex   officio   non-voting   position.   The  secretary  shall  serve  as
  chairperson. The commissioner of education, the commissioner of  health,
  and the attorney general or their designees shall serve as non-voting ex
  officio members.
    2.  The board shall advise and make recommendations regarding, and the
  secretary, upon consideration of such advice, shall promulgate rules and
  regulations, governing the implementation  of  the  provisions  of  this
  article  and  the  development  of  such  rules  and  regulations as are
  required. In addition to  other  advice,  the  board  shall  advise  the
  secretary  with  respect  to  the  promulgation of rules and regulations
  governing:
    (a) the rights of consumers of hearing aids including but not  limited
  to  (i) procedures whereby a consumer may file a complaint against those
  in violation of this article; and  (ii)  requirements  for  hearing  aid
  dispensers  to provide consumers with printed educational information on
  the general use of hearing aids and assistive listening devices  and  on
  the  advantages  and disadvantages of binaural hearing aid use and (iii)
  the  training  of  individuals  in  the  use  and  maintenance  of  such
  instruments;
    (b)  continuing education including but not limited to (i) the content
  of such course of study, (ii) the procedures for approval of such course
  of  study  and  (iii)  those  individuals  and  organizations  who   may
  permissibly  offer  such continuing education course or courses provided
  for in section seven hundred ninety-four of this article;

    (c) the content, delivery and evaluation of any  examination  required
  as a condition of registration;
    (d)  the  standards  for advertisements, including but not limited to,
  proscriptions against misleading advertising relating to  the  scope  of
  hearing  aid dispensing practices, credentials of individual hearing aid
  dispensers, and the  function,  use  and  reliability  of  a  particular
  hearing instrument;
    (e)  requirements  for  the  secretary to regularly examine compliance
  with this article;
    (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
  awareness  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
  addition to such duties and other duties which may be  assigned  by  the
  secretary,  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.
    3.  Meetings  of the board shall be set at such times as determined by
  the secretary but in no event fewer than four times annually.
    4. The members of the board shall serve without compensation, however,
  they shall receive reimbursement for their actual and necessary expenses
  incurred in the performance of their duties.
    5. The secretary shall keep a record of all proceedings of  the  board
  and such record shall be open to public examination.