What's happening
This bill allows certain audiologists to sell hearing aids for profit under new disclosure and referral requirements.
Why it matters
Expands audiologists’ business opportunities. Certain audiologists, specifically those employed by ear, nose, and throat doctors (otolaryngologists), would now be allowed to profit from selling hearing aids—something previously restricted—potentially increasing their income and changing the business landscape for hearing aid sales.
Imposes transparency requirements. The law would require otolaryngologists to provide patients with a written disclosure that their office will profit from a hearing aid sale, which could help patients make more informed choices and reduce conflicts of interest.
Increases patient choice and competition. Otolaryngologists must give patients a list of at least five alternative local hearing aid dispensers (or as many as exist in the county), ensuring patients are aware of other options and encouraging competitive pricing and service.
May affect relationships among hearing health providers. By allowing audiologists in physician offices to sell hearing aids more freely, this bill could shift referral patterns and business relationships, possibly impacting independent hearing aid dispensers and audiologists not affiliated with medical practices.
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Who cares
Headline styles
Let Audiologists Sell Hearing Aids
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
1 Co-sponsor
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Audiologists Sell Hearing Aids
In Assembly Committee · Higher Education · Sponsor David Buchwald
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2583
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sens. LITTLE, MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to permitting certain audiologists to dispense hearing aids for a profit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 802 of the general business law, as added by chapter 599 of the laws of 1998, subdivision 1 as designated and subdivision 2 as added by chapter 301 of the laws of 2000, is amended to read as follows:
§ 802. Special provisions; not-for-profit sales. 1. [No] Except as provided in subdivision three of this section, 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 on any hearing aid that they have dispensed.
2. Every licensed physician who engages in the dispensing of hearing aids in compliance with the provisions of this section shall be required to comply with sections seven hundred ninety-one, seven hundred ninetyeight and eight hundred three of this article, in addition to compliance with this section.
3. An audiologist licensed under article one hundred fifty-nine of the education law who is a hearing aid dispenser and is employed by an otolaryngologist who has conducted a medical evaluation of hearing loss, may dispense hearing aids for profit provided that the otolaryngologist who has conducted a medical evaluation of hearing loss provides to the patient a list containing the name and office location of five hearing aid dispensers with a place of business located within the same county in which the otolaryngologist's office is located, and a written state-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00301-01-7
S. 2583 2
ment disclosing that the otolaryngologist's office will receive a profit from the sale of any hearing aid device. In the event that there exist fewer than five hearing aid dispensers within the same county in which the otolaryngologist's is located, then the otolaryngologist must provide to the patient a list containing the name and office location of the hearing aid dispensers with a place of business within the county in which the otolaryngologist's office is located.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to permitting certain audiologists to dispense hearing aids for a profit
Purpose
To allow otolaryngologists to sell and/or dispense hearing aids for profit to patients.
Summary of provisions
Section 1 removes the prohibition of otolaryngologists to engage in the business of dispensing hearing aids for profit and requires them to conduct repairs and maintenance on hearing aids they dispense.
Section 2 provides for an effective date.
Justification
At this time, hearing impaired individuals must be evaluated and diagnosed by an otolaryngologist, better known as an ear-nose and throat doctor, and may be referred to an Audiologist to conduct further hearing tests and obtaining hearing aids. Audiologists have a limited scope of practice while otolaryngologists have received significant training in treating the hearing impaired patients and should be allowed to dispense and repair hearing aids. This will allow patients to see fewer doctors and specialists, saving them treatments costs and copayments.
Legislative history
2015-16: S.1681 Referred to Consumer Protection 2013/14: S. 3055A Referred to Consumer Protection 2009-10 A. 10056-Referred to Higher Education
Fiscal implications
None to the State.
Local fiscal implications
none
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.