2022 New York Laws
GBS - General Business
Article 37-A - Registration of Hearing Aid Dispensers
803 - Powers of the Secretary.

§ 803. Powers of the secretary. 1. The secretary shall promulgate such
rules and regulations as are deemed necessary to effectuate the purposes
of   this  article,  and  shall  provide  written  notification  of  the
provisions of this article and a copy of  the  registration  application
within  ninety days of the effective date of this article to all dealers
as were registered under former article thirty-seven-a of  this  chapter
prior  to  such  effective date and to audiologists licensed pursuant to
article one hundred fifty-nine of the education law.  Such  notification
shall   inform   all   such  dealers,  their  dispensing  employees  and
audiologists of the obligation to register pursuant to subdivision  nine
of section seven hundred ninety of this article.
  2. The secretary shall review implementation of the provisions of this
article  in  consultation  with  the  board  and  shall  vigorously  and
proactively ensure  the  enforcement  of  its  provisions  through  site
visits,  regular  examination  of  compliance  with this article, public
outreach  and  education,  promulgation  of  regulations,  delivery   of
technical  assistance,  and such other forms as would increase awareness
of and adherence to the  protections  and  process  prescribed  in  this
article.  The  secretary  shall examine compliance with this article for
each business registered pursuant to subdivision one  of  section  seven
hundred ninety of this article at least once every four years.
  3.  In  addition  to the powers and duties specified elsewhere in this
article, the secretary, upon the complaint of any individual or upon the
secretary's initiative, shall have the power to make and to conduct such
investigations as are deemed necessary to  effectuate  the  purposes  of
this  article.  The  secretary  shall  have  the  power  to  require the
attendance of witnesses and  issue  subpoenas  in  accordance  with  the
provisions of this section, in the conduct of such investigations.
  4. In conjunction with the board, the secretary shall:
  (a)  develop  procedures  for  promptly  investigating  all complaints
regarding violations of this article;
  (b) develop procedures for assisting consumers in resolving a  dispute
with  those persons registered pursuant to this article and mediating on
behalf of consumers when needed;
  (c) establish a toll-free number at which consumers, including persons
who are hard of hearing or deaf, can register a complaint; and
  (d) develop other procedures as necessary to increase public awareness
of how to properly purchase, fit, adjust and use a hearing aid, as  well
as  the  rights of hearing aid consumers pursuant to this article, which
shall include the distribution of written  information  concerning  this
subject  matter  and  the  toll-free  number  to  those  subject to this
article, the media, and the general public.
  5. The secretary, in conjunction with the  board  shall  cause  to  be
prepared  and  distributed printed educational information to registered
hearing aid dispensers and others about the general use of hearing  aids
and  assistive listening devices and on the advantages and disadvantages
of hearing aids as well as rights and remedies available to the consumer
pursuant to this article.
  6. The secretary shall regularly communicate with the commissioner  of
education  regarding  the discipline and/or prosecution of violations of
this article by audiologists licensed pursuant to  article  one  hundred
fifty-nine of the education law.
  7. On or before January thirty-first of each year, the secretary shall
develop  and  distribute  a  report  to the governor, the speaker of the
assembly, the temporary president of the senate, the minority leader  of
the  assembly,  the  minority  leader  of  the  senate, the chair of the
assembly ways and means committee, and the chair of the  senate  finance
committee,  and  make  it  available for public examination. Such report

shall entail specific efforts made  by  the  secretary,  the  board  and
hearing  aid dispensers to comply with the provisions of this article, a
compilation of actions taken in response to recommendations submitted to
the  secretary  from  the  board, a summary of the results of compliance
efforts and anticipated efforts to improve public education,  compliance
and  enforcement during the subsequent year, as well as recommendations,
if any, to amend this article.