NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A810
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the general business law, in relation to requiring hear-
ing aid dispensers to provide prospective purchasers of hearing aids
with information pertaining to audio switch technology
PURPOSE:
This bill ensures that prospective hearing aid purchasers are given all
information available on audio switch, or t-coil technology when deter-
mining which hearing aid to purchase.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision two of section 791 of the general busi-
ness law, as added by chapter 599 of the laws of 1998, by adding a new
subdivision (h).
Section two amends paragraphs (a) and (b) subdivision nine of section
798 of the general business law, as added by chapter 599 of the laws of
1998, by adding a new paragraph (c).
Section three amends subdivision 11 of section 798 of the general busi-
ness law, by adding new paragraph (i)•
Section four sets forth the effective date.
JUSTIFICATION:
For years, many of the needs of the hearing loss community have been
largely ignored. As more and more of the rights of people with disabili-
ties have been recognized, the hearing loss community has not received
the attention that its members deserve. Individuals diagnosed with hear-
ing loss represent perhaps the most expansive group of individuals with
disabilities nationwide. In 2011, the Archives of Internal Medicine
published a study covering the years 2001 through 2008 that estimated
that 30 million Americans, 12 years and older, had bilateral hearing
loss. This estimate increases by over 20 percent when including individ-
uals with unilateral hearing loss.
The use of audio switches or telecoil (t-coil) switches has been
acknowledged by hearing loss associations nationwide as the gold stand-
ard of hearing assistive devices. T-coils are small receptive devices
integrated into most, but not all, of the types of hearing aids current-
ly on the market. Once activated by a small switch included on the aid
itself, the device can then receive transmissions directly broadcast
from induction loops which may be installed in the floors or ceilings in
virtually any setting. Hearing aids equipped with telecoil technology
isolate and amplify sounds transmitted by induction loops. By filtering
out the background noise that interferes with hearing, telecoils allow
people with hearing impairments to effectively hear the information that
is being transmitted to them.
This legislation would require hearing aid dispensers to provide
prospective purchasers of the availability of audio switch technology to
prospective buyers.
LEGISLATIVE HISTORY:
2021-22: A.2343 - Referred to Consumer Affairs and Protection
2019-20: A.1156 - Referred to Consumer Affairs and Protection
2017-18: A.519 - Reported to Rules
2015-16: A.1646 - Advanced to Third Reading Calendar
2013-14: A.8346-A - Reported to Rules
FISCAL IMPLICATIONS:
Undetermined
EFFECTIVE DATE:
This bill shall take effect 180 days following enactment; provided,
however, that effective immediately, addition or amendment of any rules
and regulations necessary for the implementation of this act on its
effective date are hereby authorized and directed to occur.
STATE OF NEW YORK
________________________________________________________________________
810
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring hear-
ing aid dispensers to provide prospective purchasers of hearing aids
with information pertaining to audio switch technology
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (f) and (g) of subdivision 2 of section 791 of
2 the general business law, as added by chapter 599 of the laws of 1998,
3 are amended and a new paragraph (h) is added to read as follows:
4 (f) requirements pertaining to the non-diagnostic testing of hearing
5 and sale of hearing aids at office, residential and other out of office
6 settings and the development of environmental standards for testing at
7 office, residential and other out of office settings; requirements
8 pertaining to telemarketing; [and]
9 (g) procedures that the secretary could use to increase public aware-
10 ness of how to properly purchase, fit, adjust and use a hearing aid, as
11 well as the rights of hearing aid purchasers under state law. In addi-
12 tion to such duties and other duties which may be assigned by the secre-
13 tary, the board shall consult with the secretary, the commissioner of
14 education and such other persons as may be appropriate to determine the
15 proper level and degree of education for a hearing aid dispenser, the
16 type of degree and the proper educational institution to offer such
17 education and all other related issues[.]; and
18 (h) requirements for hearing aid dispensers to provide prospective
19 purchasers or users of hearing aids with information in writing, at the
20 time of the initial examination for the fitting and sale of hearing
21 aids, regarding telecoil, t-coil, or t-switch technology. Such informa-
22 tion shall include information sufficient to enable prospective purchas-
23 ers or users to make an informed decision about purchasing hearing aids
24 with telecoil, t-coil or t-switch technology.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00968-01-3
A. 810 2
1 § 2. Paragraphs (a) and (b) of subdivision 9 of section 798 of the
2 general business law, as added by chapter 599 of the laws of 1998, are
3 amended and a new paragraph (c) is added to read as follows:
4 (a) complied with all provisions of state laws and regulations relat-
5 ing to the dispensing of hearing aids; [and]
6 (b) has informed the purchaser of the address and office hours at
7 which the registrant shall be available for fitting or post-fitting
8 adjustments and servicing of the hearing aid or aids sold[.]; and
9 (c) if the hearing aid has telecoil, t-coil, or t-switch technology,
10 has informed the prospective hearing aid user that such hearing aid has
11 such technology and, if requested by the prospective hearing aid user,
12 trained the prospective hearing aid user on the proper use of such tech-
13 nology.
14 § 3. Subdivision 11 of section 798 of the general business law is
15 amended by adding a new paragraph (i) to read as follows:
16 (i) language that verifies that the hearing aid dispenser informed the
17 client prior to purchase about telecoil, t-coil, or t-switch technology.
18 The client must initial this notice confirming the hearing aid
19 dispenser's compliance with this requirement.
20 § 4. This act shall take effect on the one hundred eightieth day after
21 it shall have become a law. Effective immediately, the addition, amend-
22 ment and/or repeal of any rule or regulation necessary for the implemen-
23 tation of this act on its effective date are authorized to be made and
24 completed on or before such effective date.
