§ 789 — Definitions

§ 789. Definitions. As used in this article:\n 1. "Account" shall mean the hearing aid dispensing account.\n 2. "Audiologist" means an individual who is licensed under article one\nhundred fifty-nine of the education law to evaluate hearing, and hearing\nand communication disorders and to engage in those practices defined in\nsection eighty-two hundred three of the education law.\n 3. "Board" shall mean the hearing aid dispensing advisory board.\n 4. "Business" means any individual, partnership, trust, association,\norganization or corporation.\n 5. "Department" means the department of state.\n 6. "Dispensing of hearing aids" means the act of fitting, selecting,\nselling, renting, adapting or servicing of hearing aids or any other\ninstrument to compensate for impaired hearing; provided that such term\nshall include testing of hearing, solely for the purpose of fitting,\nselecting, selling, distribution, renting, adapting or servicing hearing\naids or any instrument to compensate for impaired hearing, the making of\nimpressions, castings and shells and appropriate counseling and\ninstructions pertaining to the selection, adaptation and sale or rental\nof hearing aids and further provided that such term shall include any\ntasks, procedures, acts, or practices that are necessary (a) for the\nnon-diagnostic testing of hearing solely for the purpose of fitting a\nhearing aid; (b) for training in the use of amplification including\nhearing aids; (c) for the making of ear molds for hearing aids; (d) for\nthe fitting, dispensing, and sale of hearing aids; or (e) for otoscopic\nobservation of solely the ear canal for the purposes of fitting,\ndispensing or sale of hearing aids; provided, however, that nothing\ncontained in this subdivision shall be deemed to permit the performance\nof or reference to an otoscopic evaluation for medical diagnosis; and\n(f) for those other procedures necessary to determine proper\namplification needs and the specific hearing aid which will be of\nmaximum benefit to aid or to compensate for the impaired ear. Testing\nfor the purpose of fitting a hearing aid shall include only such tests\nmeeting standards acceptable to the secretary as needed to verify the\noptimum fitting characteristics and circuitry of any hearing aids or\namplification devices needed and shall not be for the purposes of, make\nany reference to, or include any medical diagnosis whatsoever. No\nhearing aid dispenser shall verbally or in writing make a statement or\nreference to a prospective hearing aid user regarding any medical\ncondition or diagnosis except such communications required pursuant to\nparagraph (c) of subdivision eight of section seven hundred ninety-eight\nof this article. Nothing in this subdivision shall restrict or limit any\nperson licensed under article one hundred fifty-nine of the education\nlaw from performing any activity authorized thereunder; provided,\nhowever, that every such person shall be registered as a hearing aid\ndispenser pursuant to the requirements of this article in order to\ndispense hearing aids.\n 7. "Hearing aid" means any wearable instrument or device designed for\nor offered for the purpose of aiding or compensating for impaired human\nhearing and any parts, attachments or accessories but excluding\nbatteries and cords or accessories thereto.\n 8. "Hearing aid dispenser" means any person twenty-one years of age or\nolder or an audiologist licensed under article one hundred fifty-nine of\nthe education law who is engaged in the dispensing of hearing aids who\nis registered and dispensing hearing aids in accordance with this\narticle.\n 9. "Otolaryngologist" means a physician licensed under article one\nhundred thirty-one of the education law, who practices that branch of\nmedicine which treats diseases of the ear, nose and throat.\n 10. "Secretary" means the secretary of state.\n 11. "Sell" or "sale" means any transfer of title or of the right of\nuse by sale, conditional sales contract, lease bailments, including\nrentals of hearing aids hire-purchase, or any other means; excluding\nwholesale transactions of dealers and distributors.\n 12. "Trainee" means a person twenty-one years of age or older, who\nupon receiving a temporary certificate of registration, is studying\nhearing aid dispensing full-time for the purpose of qualifying to sit\nfor the registration examination.\n