What's happening
This bill requires physicians who dispense hearing aids to repair or service them and removes the ban on for-profit sales by such physicians.
Why it matters
Expands access to repairs. By requiring physicians who dispense hearing aids to also offer repair and servicing, the bill aims to ensure patients have ongoing, reliable support for their devices, rather than being left to seek help elsewhere.
Removes for-profit restrictions. Eliminating the ban on for-profit sales by physicians could increase the number of professionals willing to dispense hearing aids, potentially making it easier for patients to access these devices, though it may also raise concerns about commercialization.
Strengthens consumer protections. Physicians who dispense hearing aids will now have to comply with additional consumer protection statutes already governing hearing aid sales, which could improve transparency, warranty standards, and return policies for patients.
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Who cares
Headline styles
Hearing Aid Repair Requirement
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1651
2025-2026 Regular Sessions
IN SENATE
January 13, 2025
Introduced by Sen. BAILEY -- 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 special provisions of the not-for-profit sales
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 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04700-01-5
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 special provisions of the not-for-profit sales
Purpose or general idea of bill
This bill repeals a portion of section 802 of the general business law to permit the for-profit sale of hearing aids by physicians.
Summary of specific provisions
Section one of the bill deletes the necessary language to put this legislation into effect.
Justification
Currently, physicians are prohibited by the above-referenced section of law from selling hearing aids for a profit. This prohibition, however, dates back to the mid-1970s - a time when even hearing aid dealers were prohibited from selling hearing aids without a referral from a physi- cian. Since that time, the law has changed, as has the practice of medi- cine and otolaryngology. New York State is the only state that prohibits the sale of hearing aids by physicians for-profit, which effectively eliminates the sale of any hearing aids by physicians. By enabling consumers to purchase hearing aids from physicians, access to such devices and care coordination would be enhanced.
The law as it currently stands amounts to an unfair restraint on trade prohibiting a profession from operating for profit. The practice of fitting and dispensing hearing aids has long been a recognized part of the scope of practice of otolaryngology. The American Academy of Otolar- yngology position statement reads, in pertinent part: "The American Academy of Otolaryngology-Head & Neck Surgery states: dispensing of hearing aids, hearing assistive devices and other hearing rehabilitation devices are within the scope of practice for otolaryngologists-head and neck surgeons." Physician practices are small businesses and physicians cannot effectively run their businesses by offering services without earning a profit.
Lifting the prohibition on earning a profit would be in the best inter- ests of patients, as it would improve access to hearing aids and care delivered by enabling all appropriately trained and qualified healthcare providers to offer hearing aid services to patients. Patients are also likely to enjoy more competitive pricing among all hearing aid dispen- sers through the application of market forces for an item which is often not covered by insurance.
Prior legislative history
2019-20: Referred to Consumer Protection
2021-22: Referred to Consumer Protection
2023-24: Referred to Consumer Protection
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.