What's happening
This bill allows certain audiologists and hearing aid dispensers employed by otolaryngologists to sell hearing aids for profit, provided specific disclosure and listing requirements are met.
Why it matters
Expands patient choice and transparency. By requiring otolaryngologists to provide a list of at least five local, independent hearing aid dispensers and written disclosure of potential profits, the bill aims to inform patients of their options and any financial interests involved, potentially reducing conflicts of interest.
Increases access to hearing aids within medical practices. Allowing audiologists and hearing aid dispensers employed by otolaryngologists to sell hearing aids for profit may make it more convenient for patients to obtain these devices directly from their healthcare provider, streamlining care.
Potential impact on competition. The new rules could affect the local hearing aid market by enabling certain medical practices to compete directly with independent dispensers, possibly influencing pricing, service quality, and consumer choice.
Upholds regulatory oversight. The bill maintains and cross-references existing requirements (such as those regarding business practices and consumer protection) for all hearing aid sales, ensuring that consumer safeguards remain in place even as profit-making is newly permitted in these medical settings.
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Who cares
Headline styles
Allow Audiologists Sell Hearing Aids
Plain English, a few words. Used as the page title.
Sponsors
22 Co-sponsors
- Thomas Abinanti
- Jo Anne Simon
- Anthony H. Palumbo
- Christopher Friend
- Sandy Galef
- Aileen Gunther
- Carmen E. Arroyo
- Marcos Crespo
- Dan Quart
- Rebecca Seawright
- Erik Dilan
- Gary Finch
- David McDonough
- Barbara Lifton
- Patricia Fahy
- Ellen C. Jaffee
- Amy Paulin
- Phil Steck
- Michael Blake
- Steven Englebright
- Peter Lawrence
- Steven Cymbrowitz
History
- Referred to higher education
- Referred to higher education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
89
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. BUCHWALD, ABINANTI, SIMON, PALUMBO, FRIEND, GALEF, GUNTHER, ARROYO, CRESPO, QUART, SEAWRIGHT, DILAN, FINCH, McDO- NOUGH, LIFTON, FAHY, JAFFEE, PAULIN, STECK, BLAKE, ENGLEBRIGHT, LAWRENCE, CYMBROWITZ -- Multi-Sponsored by -- M. of A. ABBATE, COOK, CROUCH, LUPARDO, PRETLOW, SOLAGES, THIELE, WALKER -- read once and referred to the Committee on Higher Education
AN ACT to amend the general business law, in relation to permitting certain audiologists and hearing aid dispensers 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 or hearing aid dispenser licensed under article one hundred fifty-nine of the education law employed by an otolaryngologist who has conducted a medical evaluation of hearing loss may dispense
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00409-01-9
A. 89 2
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 statement 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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.