N.Y. General Business Law § 789: Definitions

§ 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 the education law.

3. "Board" shall mean the hearing aid dispensing advisory board.

4. "Business" means any individual, partnership, trust, association,

organization or corporation.

5. "Department" means the department of state.

6. "Dispensing of hearing aids" means the act of fitting, selecting,

selling, renting, adapting or servicing of hearing aids or any other

instrument to compensate for impaired hearing; provided that such term

shall include testing of hearing, solely for the purpose of fitting,

selecting, selling, distribution, renting, adapting or servicing hearing

aids or any instrument to compensate for impaired hearing, the making of

impressions, castings and shells and appropriate counseling and

instructions pertaining to the selection, adaptation and sale or rental

of hearing aids and further provided that such term shall include any

tasks, procedures, acts, or practices that are necessary (a) for the

non-diagnostic testing of hearing solely for the purpose of fitting a

hearing aid; (b) for training in the use of amplification including

hearing aids; (c) for the making of ear molds for hearing aids; (d) for

the fitting, dispensing, and sale of hearing aids; or (e) for otoscopic

observation of solely the ear canal for the purposes of fitting,

dispensing or sale of hearing aids; provided, however, that nothing

contained in this subdivision shall be deemed to permit the performance

of or reference to an otoscopic evaluation for medical diagnosis; and

(f) for those other procedures necessary to determine proper

amplification needs and the specific hearing aid which will be of

maximum benefit to aid or to compensate for the impaired ear. Testing

for the purpose of fitting a hearing aid shall include only such tests

meeting standards acceptable to the secretary as needed to verify the

optimum fitting characteristics and circuitry of any hearing aids or

amplification devices needed and shall not be for the purposes of, make

any reference to, or include any medical diagnosis whatsoever. No

hearing aid dispenser shall verbally or in writing make a statement or

reference to a prospective hearing aid user regarding any medical

condition or diagnosis except such communications required pursuant to

paragraph (c) of subdivision eight of section seven hundred ninety-eight

of this article. Nothing in this subdivision shall restrict or limit any

person licensed under article one hundred fifty-nine of the education

law from performing any activity authorized thereunder; provided,

however, that every such person shall be registered as a hearing aid

dispenser pursuant to the requirements of this article in order to

dispense hearing aids.

7. "Hearing aid" means any wearable instrument or device designed for

or offered for the purpose of aiding or compensating for impaired human

hearing and any parts, attachments or accessories but excluding

batteries and cords or accessories thereto.

8. "Hearing aid dispenser" means any person twenty-one years of age or

older or an audiologist licensed under article one hundred fifty-nine of

the education law who is engaged in the dispensing of hearing aids who

is registered and dispensing hearing aids in accordance with this

article.

9. "Otolaryngologist" means a physician licensed under article one

hundred thirty-one of the education law, who practices that branch of

medicine which treats diseases of the ear, nose and throat.

10. "Secretary" means the secretary of state.

11. "Sell" or "sale" means any transfer of title or of the right of

use by sale, conditional sales contract, lease bailments, including

rentals of hearing aids hire-purchase, or any other means; excluding

wholesale transactions of dealers and distributors.

12. "Trainee" means a person twenty-one years of age or older, who

upon receiving a temporary certificate of registration, is studying

hearing aid dispensing full-time for the purpose of qualifying to sit

for the registration examination.