2020 New York Laws
GBS - General Business
Article 37-A - 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.