N.Y. General Business Law § 796: Training program; requirements; examination and re-examination

§ 796. Training program; requirements; examination and re-examination.

1. The secretary, in consultation with the board, shall establish a

full-time, twelve month training program for those persons wishing to

apply for registration as a hearing aid dispenser, except those hearing

aid dispensers otherwise licensed pursuant to article one hundred

fifty-nine of the education law. For the purposes of this section,

"full-time" shall mean seven hours per day for five days a week. Such

program shall be conducted by a registered hearing aid dispenser or

taught by appropriate faculty with credentials to verify substantial

educational knowledge in the topics outlined below. Any trainee entering

such a program shall operate under the direct supervision of a

registered hearing aid dispenser for the first three months of such

program. In addition, during such period, the trainee shall

satisfactorily complete a course of instruction, which includes, but is

not limited to, the following topics:

(a) acoustics: general principles.

(b) acoustics: hearing and speech.

(c) the human ear.

(d) disorders of hearing.

(e) puretone audiometry.

(f) speech audiometry.

(g) hearing analysis.

(h) hearing aids and instruments.

2. (a) During the first three months of such program, no trainee shall

perform any activity directly related to the dispensing of a particular

hearing aid or hearing aids unless such activity is conducted under the

direct supervision of a registered hearing aid dispenser. For purposes

of this section, "direct supervision" shall mean activity under the

immediate observation and control of a registered hearing aid dispenser

and shall require the registered hearing aid dispenser to be physically

present during all dispensing activities of the trainee.

(b) For the next three months, no trainee shall perform any activity

directly related to the dispensing of a particular hearing aid or

hearing aids unless such activity is conducted with the immediate

consent, review and approval of a registered hearing aid dispenser. For

such purposes, the registered hearing aid dispenser shall be located on

the premises and immediately available to the trainee but shall not be

required to be physically present at all times.

3. For the entire twelve month training period, the registered hearing

aid dispenser shall be held fully responsible for all actions of the

trainee. Any aspect of the dispensing of hearing aids performed by a

trainee shall be reviewed and approved by the registered hearing aid

dispenser prior to the final disposition of any contractual agreement.

The signatures of both the trainee and the registered hearing aid

dispenser shall be required on all contracts in which a trainee has

participated.

4. Upon application, payment of the required registration fee to the

secretary, and satisfaction of all applicable registration requirements,

the applicant shall receive a temporary certificate of registration and

shall enter a training program. The twelve month program shall commence

from the date of issuance of the temporary certificate of registration.

No individual may begin a training program or otherwise engage in the

dispensing of hearing aids without a valid temporary certificate of

registration.

5. (a) A trainee may take the required course of instruction under the

supervision of a registered hearing aid dispenser provided that such

course of instruction has been approved by the secretary.

(b) A trainee may take the required course of instruction from any

other provider offering a course of instruction approved by the

secretary.

(c) At the conclusion of each component, the performance of the

trainee shall be evaluated by the registered hearing aid dispenser or

offeror of such approved course. Upon satisfactory completion of all

components of the course of instruction, the trainee and the registered

hearing aid dispenser or offeror shall transmit to the secretary proof

of the satisfactory completion of each component which shall have been

signed and affirmed as true under the penalties of perjury.

6. Upon satisfactory completion of the course of instruction required

by this section and successful completion of at least six months of the

training program, the trainee may take the written examination and

practical test of proficiency offered by the secretary.

7. (a) Each applicant shall be required to pass a written examination

covering the following areas, including but not limited to areas of

required instruction in the training program, as they pertain to the

dispensing of hearing aids:

(i) basic physics of sound;

(ii) the anatomy and physiology of the ear; and the pathology of the

ear as it relates to hearing aid fitting;

(iii) the function of hearing aids;

(iv) hearing aid evaluation; and

(v) knowledge and understanding of this article and the regulations

adopted pursuant to it.

(b) in addition, the trainee shall also pass a practical test of

proficiency in techniques that pertain to the fitting of hearing aids.

8. (a) If a trainee fails to pass the written examination or practical

test of proficiency, he or she may request, and be given the opportunity

to review the score of the exam according to the rules and regulations

of the secretary.

(b) During the period of registration and the renewal thereof, a

trainee may sit for the written exam and the practical test of

proficiency exam or any combination thereof up to three times. The exam

shall include both the written and practical components. A trainee who

has passed any component of the examination within the prior six months

need not re-take that component for final passage. A trainee who takes

the exam three times but does not pass the entire exam or remaining

individual component of the exam shall be terminated and shall be

required to commence the training program including direct supervision

and courses of study as if he or she is a new applicant. No trainee who

fails such examination three times during such period shall be eligible

for permanent registration until he or she has repeated the traineeship

and passed the examination as required.

9. The examination shall be given at convenient times and places

during the calendar year but in no event fewer than four times per year.

The secretary shall prescribe the content and format of such

examination.