N.Y. General Business Law § 791: Hearing aid dispensing advisory board

§ 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

this state for at least five years immediately preceding their

appointment, two to be appointed upon the recommendation of the

governor, one to be appointed upon the recommendation of the temporary

president of the senate and one to be appointed upon the recommendation

of the speaker of the assembly; four members shall be audiologists who

are engaged in the dispensing of hearing aids for at least five years

immediately preceding their appointment, two to be appointed upon the

recommendation of the governor, one to be appointed upon the

recommendation of the temporary president of the senate and one to be

appointed upon the recommendation of the speaker of the assembly; two

shall be otolaryngologists; and the remaining three members, none of

whom shall derive nor have derived in the past economic benefit from the

business of dispensing hearing aids, shall be from the resident lay

public of this state who are knowledgeable about issues related to

hearing loss. At least one lay member shall be an individual

representing adults over the age of fifty. At least one of the lay

members shall be a hearing aid user. Of the otolaryngologists and lay

members, one shall be appointed by the secretary on the recommendation

of the minority leader of the senate and one shall be appointed by the

secretary on the recommendation of the minority leader of the assembly

and three shall be appointed by the secretary on the recommendation of

the governor. Each member of the board shall be appointed for a term of

two years. Any member may be appointed for additional terms. In the

event that any member shall die or resign during his or her term, a

successor shall be appointed in the same manner and with the same

qualifications as set forth in this section. A member may be reappointed

for successive terms but no member shall serve more than a total of ten

years. The secretary or the designee of the secretary shall serve in an

ex officio non-voting position. The secretary shall serve as

chairperson. The commissioner of education, the commissioner of health,

and the attorney general or their designees shall serve as non-voting ex

officio members.

2. The board shall advise and make recommendations regarding, and the

secretary, upon consideration of such advice, shall promulgate rules and

regulations, governing the implementation of the provisions of this

article and the development of such rules and regulations as are

required. In addition to other advice, the board shall advise the

secretary with respect to the promulgation of rules and regulations

governing:

(a) the rights of consumers of hearing aids including but not limited

to (i) procedures whereby a consumer may file a complaint against those

in violation of this article; and (ii) requirements for hearing aid

dispensers to provide consumers with printed educational information on

the general use of hearing aids and assistive listening devices and on

the advantages and disadvantages of binaural hearing aid use and (iii)

the training of individuals in the use and maintenance of such

instruments;

(b) continuing education including but not limited to (i) the content

of such course of study, (ii) the procedures for approval of such course

of study and (iii) those individuals and organizations who may

permissibly offer such continuing education course or courses provided

for in section seven hundred ninety-four of this article;

(c) the content, delivery and evaluation of any examination required

as a condition of registration;

(d) the standards for advertisements, including but not limited to,

proscriptions against misleading advertising relating to the scope of

hearing aid dispensing practices, credentials of individual hearing aid

dispensers, and the function, use and reliability of a particular

hearing instrument;

(e) requirements for the secretary to regularly examine compliance

with this article;

(f) requirements pertaining to the non-diagnostic testing of hearing

and sale of hearing aids at office, residential and other out of office

settings and the development of environmental standards for testing at

office, residential and other out of office settings; requirements

pertaining to telemarketing; and

(g) procedures that the secretary could use to increase public

awareness of how to properly purchase, fit, adjust and use a hearing

aid, as well as the rights of hearing aid purchasers under state law. In

addition to such duties and other duties which may be assigned by the

secretary, the board shall consult with the secretary, the commissioner

of education and such other persons as may be appropriate to determine

the proper level and degree of education for a hearing aid dispenser,

the type of degree and the proper educational institution to offer such

education and all other related issues.

3. Meetings of the board shall be set at such times as determined by

the secretary but in no event fewer than four times annually.

4. The members of the board shall serve without compensation, however,

they shall receive reimbursement for their actual and necessary expenses

incurred in the performance of their duties.

5. The secretary shall keep a record of all proceedings of the board

and such record shall be open to public examination.