§ 788. Legislative intent. The legislature recognizes and acknowledges the value of hearing aids to many individuals with hearing loss and recognizes the valuable service provided by hearing aid dispensers and dispensing audiologists to such individuals by providing access to appropriate amplification devices and other valuable services related to their use. Due to the large […]
§ 789. Definitions. As used in this article: 1. “Account” shall mean the hearing aid dispensing account. 2. “Audiologist” means an individual who is licensed under article one hundred fifty-nine of the education law to evaluate hearing, and hearing and communication disorders and to engage in those practices defined in section eighty-two hundred three of […]
§ 790. Certificate of registration required; qualifications and application. 1. Any person desiring to be engaged in the dispensing of hearing aids in this state shall be registered biennially pursuant to this article. Such person shall file with the secretary an application to be registered as a hearing aid dispenser. The secretary shall examine each […]
§ 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 […]
§ 792. Hearing aid dispensers account. There is hereby established in the custody of the state comptroller and the secretary a hearing aid dispensers account into which all fees collected pursuant to this article shall be deposited. The money in such account shall be utilized solely for the purpose of administering and enforcing the provisions […]
§ 793. Registry. The secretary shall establish a state registry which shall list and identify on a county-by-county basis all registered hearing aid dispensers, trainees, audiologists engaged in the business of dispensing hearing aids and businesses registered pursuant to subdivision five of section seven hundred ninety of this article. The registry shall contain all information […]
§ 794. Continuing education requirements. 1. Prior to the expiration of a certificate of registration and as a condition of renewal, each hearing aid dispenser registered pursuant to subdivision one of section seven hundred ninety of this article shall submit documentation showing successful completion of twenty continuing education credits through a course or courses approved […]
§ 795. Renewal of certificate of registration or temporary certificate of registration. 1. The secretary shall provide a method for the biennial review of a certificate of registration and temporary certificate of registration. 2. The department shall reissue a certificate of registration upon receipt of a renewal application, the renewal fee, and a written statement […]
§ 796. Training program; requirements; examination and re-examination. 1. The secretary, in consultation with the board, shall establish a full-time, twelve month training program for those persons wishing to apply for registration as a hearing aid dispenser, except those hearing aid dispensers otherwise licensed pursuant to article one hundred fifty-nine of the education law. For […]
§ 797. Fees. The secretary shall receive the following fees to be deposited into a special revenue fund – other entitled the “hearing aid dispensers account” for the implementation, operation and enforcement of this article: 1. a nonrefundable fee of fifty dollars from each person who takes the required examination or any component thereof pursuant […]
§ 798. Business practice; requirements. 1. Every registrant who engages in the dispensing of hearing aids shall have and maintain a principal office or place of business. Each registrant shall report to the secretary the address of each such office or place of business at which he or she engages in such dispensing. Changes in […]
§ 799. Administration; suspension and revocation of registrations; fines; reprimands. 1. (a) The secretary shall refer each complaint which alleges conduct constituting a violation of article one hundred fifty-nine of the education law committed by an individual licensed pursuant to article one hundred fifty-nine of the education law to the office of professional discipline within […]
§ 800. Denial of registration; complaints; notice of hearing. 1. Denial of registration. The secretary shall, before making a final determination to deny an application for a registration, notify the applicant in writing of the reasons for such denial and shall afford the applicant an opportunity to be heard in person or by counsel prior […]
§ 801. Judicial review. The action of the secretary pursuant to a hearing in refusing to grant or to renew a certificate of registration or a temporary certificate of registration, in revoking or suspending such registration or imposing a civil penalty, shall be subject to review by the supreme court in the manner provided in […]
§ 802. Special provisions; not-for-profit sales. 1. No otolaryngologist or other licensed physician who has conducted a medical evaluation of hearing 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 […]
§ 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 […]
§ 804. Penalties. Any person found to have engaged in the dispensing of hearing aides or in the business of dispensing hearing aids without being registered pursuant to this article shall be guilty of a class A misdemeanor.
§ 805. Separability. If any section or provision of this article shall be adjudged by any court of competent jurisdiction to be invalid or inapplicable to any person or situation, such judgment shall not affect, impair or invalidate any other section or provision of this article or the applicability of such section or provision to […]
