§ 790 — Certificate of registration required; qualifications and application

§ 790. Certificate of registration required; qualifications and\napplication. 1. Any person desiring to be engaged in the dispensing of\nhearing aids in this state shall be registered biennially pursuant to\nthis article. Such person shall file with the secretary an application\nto be registered as a hearing aid dispenser. The secretary shall examine\neach application and issue a certificate of registration if either of\nthe following criteria are satisfied:\n (a) (i) the applicant is twenty-one years of age or older;\n (ii) is of good moral character;\n (iii) has received a high school diploma or its equivalent;\n (iv) has two years college accredited coursework or its equivalent;\n (v) has fully completed the required training program;\n (vi) has achieved a passing score on the required examination;\n (vii) has not had a registration, license or other authorization to\ndispense hearing aids suspended or revoked;\n (viii) has paid the appropriate fees according to the provisions of\nsection seven hundred ninety-seven of this article; and\n (ix) on or after January first, two thousand three, the applicant\nshall demonstrate the successful completion of post-secondary coursework\napproved by the secretary in conjunction with the advisory board; or\n (b) (i) the applicant has submitted proof of licensure under article\none hundred fifty-nine of the education law as a licensed audiologist;\n (ii) has paid the appropriate fees according to the provisions of\nsection seven hundred ninety-seven of this article;\n (iii) has achieved a passing score on the practical test of\nproficiency required pursuant to subdivision six of section seven\nhundred ninety-six of this article or who submits evidence satisfactory\nto the secretary of experience in dispensing hearing aids; and\n (iv) has not had a registration, license or other authorization to\ndispense hearing aids suspended or revoked according to the provisions\nof section seven hundred ninety-nine of this article.\n 2. An application for a certificate of registration as a hearing aid\ndispenser shall be filed with the secretary in such form and detail as\nthe secretary shall prescribe, duly signed and verified, setting forth:\n (a) the name and address of the applicant;\n (b) the name and business address or addresses at which the individual\nwill be employed;\n (c) the information contained in subdivision one of this section; and\n (d) any further information deemed necessary and prescribed by rule or\nregulation by the secretary.\n 3. (a) Any person who has been continuously registered as a hearing\naid dealer pursuant to the former article thirty-seven-A of this chapter\nfor the three years immediately preceding January first, two thousand or\nwho submits evidence satisfactory to the secretary of experience in the\nbusiness of dispensing hearing aids in this state for the three years\nimmediately preceding January first, two thousand, upon payment of\napplicable fees, shall be registered as a hearing aid dispenser and\nshall be exempt from requirements set forth in subparagraphs (iv), (v),\n(vi) and (ix) of paragraph (a) of subdivision one of this section.\n (b) Any person who has been continuously registered as a hearing aid\ndealer pursuant to the former article thirty-seven-A of this chapter for\nless than three years but more than one year immediately preceding\nJanuary first, two thousand, or who submits evidence satisfactory to the\nsecretary of less than three years but more than one year's continuous\nexperience in the business of dispensing hearing aids in this state\nimmediately preceding January first, two thousand, may pay the\napplicable fees and register as a hearing aid dispenser. Such registrant\nshall be exempt from the requirements set forth in subparagraphs (iv),\n(v) and (ix) of paragraph (a) of subdivision one of this section. Such\nregistrant shall achieve a passing score on the required registration\nexamination by December thirty-first, two thousand; provided further\nthat, upon failing to achieve a passing score such person shall continue\nunder the supervision of a registered hearing aid dispenser until such\ntime as a passing score is achieved, provided that such passing score is\nachieved on an examination administered within twelve months of the\nfirst examination.\n (c) Any individual who has been continuously registered as a hearing\naid dealer pursuant to the former article thirty-seven-A of this chapter\nfor less than twelve months immediately preceding January first, two\nthousand or any individual with less than twelve months experience in\nthe business of dispensing hearing aids in this state immediately\npreceding January first, two thousand shall be required to comply with\nall the requirements set forth in subdivision one of this section.\n (d) Any person licensed pursuant to article one hundred fifty-nine of\nthe education law, who submits evidence satisfactory to the secretary of\nexperience of dispensing hearing aids in this state for the period\nimmediately preceding January first, two thousand, upon payment of\napplicable fees shall be registered as a hearing aid dispenser and shall\nbe exempt from requirements set forth in subparagraph (iii) of paragraph\n(b) of subdivision one of this section.\n 4. Upon application to the secretary, a temporary certificate of\nregistration authorized under section seven hundred ninety-five of this\narticle shall be issued to: (i) individuals who prove to the\nsatisfaction of the secretary that he or she will be supervised and\ntrained by one or more registered hearing aid dispensers for a period of\ntwelve months or (ii) individuals who are candidates for licensure under\narticle one hundred fifty-nine of the education law, have satisfied the\neducational requirement in subdivision two of section eighty-two hundred\nsix of the education law, and are actively engaged in completing the\nexperience requirement in subdivision three of section eighty-two\nhundred six of the education law. A temporary certificate of\nregistration may be renewed only once.\n (a) A person holding a temporary certificate of registration shall not\nbe the sole proprietor of, manage, or independently operate a business\nwhich engages in the business of dispensing hearing aids unless such\nbusiness employs a registered hearing aid dispenser.\n (b) A person holding a temporary certificate of registration shall not\nadvertise or otherwise represent that he or she holds a certificate of\nregistration as a hearing aid dispenser.\n (c) A person holding a temporary certificate of registration who is a\ncandidate for licensure under article one hundred fifty-nine of the\neducation law shall be exempt from the requirement to complete the\ncourse of instruction prescribed by section seven hundred ninety-six of\nthis article.\n 5. (a) Any individual, corporation, partnership, trust, association or\nother organization maintaining an established New York state business\naddress desiring to engage in the business of dispensing hearing aids at\nretail, shall register with the department and submit the following\ninformation:\n (i) name and address or addresses of each permanent business location;\n (ii) names and addresses of the principal owner or manager of the\nbusiness and if such owner is a corporation the names and titles of the\ncorporate officers; if a partnership, the name and title of the general\npartners, if a limited liability company the name of the members or\nmanagers, if a limited liability partnership, the names of the partners,\nif a trust, the name of the trustee, if an association, the principal\nofficers; and\n (iii) the appropriate fees.\n (b) No such individual, corporation, partnership, trust, association\nor other organization maintaining an established New York state business\naddress shall engage in the business of dispensing hearing aids unless\nsuch organization:\n (i) has obtained a valid business certificate of registration from the\nsecretary;\n (ii) employs at least one registered hearing aid dispenser at each\nbusiness location who regularly dispenses hearing aids at that location;\n (iii) files annually with the secretary a list of registered hearing\naid dispensers currently employed; and\n (iv) files a statement with the secretary that such organization is in\ncompliance with the provisions of this article and rules and regu-\nlations promulgated pursuant thereto and the regulations of the federal\nfood and drug administration and the federal trade commission.\n 6. The secretary may grant a certificate of registration upon\nsubmission of an application and appropriate fees where such application\ncontains satisfactory proof that the applicant holds a valid hearing aid\ndispenser's license or registration in another state, where the secre-\ntary has determined such state has requirements equivalent to or higher\nthan those in effect pursuant to this article.\n 7. Notwithstanding the provisions of any law to the contrary, on or\nafter the first day of January first, two thousand, no person shall\nengage in the dispensing of hearing aids in this state unless such\nperson is registered as a hearing aid dispenser in accordance with the\nprovisions of this article.\n 8. Notwithstanding the requirements of this section, the secretary\nshall take steps necessary to provide for the immediate and orderly\nregistration of applicants qualified pursuant to this article. Persons\nseeking to qualify for registration pursuant to paragraphs (b) and (c)\nof subdivision three of this section shall be immediately entitled to a\ntemporary certificate of registration. Within one hundred twenty days of\nthe effective date of this subdivision, the secretary shall approve an\nexamination for completed registration pursuant to section seven hundred\nninety-six of this article.\n 9. Anyone registered as a hearing aid dealer on the effective date of\nthis article or who possesses the requisite experience for registration\npursuant to paragraphs (a) and (b) of subdivision three of this section\nshall register on or before January first, two thousand and may continue\nto dispense hearing aids as if registered if an application for\nregistration is submitted to the department within thirty days of the\neffective date of this article.\n