§ 791 — Hearing aid dispensing advisory board

§ 791. Hearing aid dispensing advisory board. 1. There is created\nwithin the department a hearing aid dispensing advisory board which\nshall consist of thirteen members to be appointed by the secretary: four\nof whom shall be non-audiologist hearing aid dispensers who shall have\nbeen engaged in the business of dispensing hearing aids primarily in\nthis state for at least five years immediately preceding their\nappointment, two to be appointed upon the recommendation of the\ngovernor, one to be appointed upon the recommendation of the temporary\npresident of the senate and one to be appointed upon the recommendation\nof the speaker of the assembly; four members shall be audiologists who\nare engaged in the dispensing of hearing aids for at least five years\nimmediately preceding their appointment, two to be appointed upon the\nrecommendation of the governor, one to be appointed upon the\nrecommendation of the temporary president of the senate and one to be\nappointed upon the recommendation of the speaker of the assembly; two\nshall be otolaryngologists; and the remaining three members, none of\nwhom shall derive nor have derived in the past economic benefit from the\nbusiness of dispensing hearing aids, shall be from the resident lay\npublic of this state who are knowledgeable about issues related to\nhearing loss. At least one lay member shall be an individual\nrepresenting adults over the age of fifty. At least one of the lay\nmembers shall be a hearing aid user. Of the otolaryngologists and lay\nmembers, one shall be appointed by the secretary on the recommendation\nof the minority leader of the senate and one shall be appointed by the\nsecretary on the recommendation of the minority leader of the assembly\nand three shall be appointed by the secretary on the recommendation of\nthe governor. Each member of the board shall be appointed for a term of\ntwo years. Any member may be appointed for additional terms. In the\nevent that any member shall die or resign during his or her term, a\nsuccessor shall be appointed in the same manner and with the same\nqualifications as set forth in this section. A member may be reappointed\nfor successive terms but no member shall serve more than a total of ten\nyears. The secretary or the designee of the secretary shall serve in an\nex officio non-voting position. The secretary shall serve as\nchairperson. The commissioner of education, the commissioner of health,\nand the attorney general or their designees shall serve as non-voting ex\nofficio members.\n 2. The board shall advise and make recommendations regarding, and the\nsecretary, upon consideration of such advice, shall promulgate rules and\nregulations, governing the implementation of the provisions of this\narticle and the development of such rules and regulations as are\nrequired. In addition to other advice, the board shall advise the\nsecretary with respect to the promulgation of rules and regulations\ngoverning:\n (a) the rights of consumers of hearing aids including but not limited\nto (i) procedures whereby a consumer may file a complaint against those\nin violation of this article; and (ii) requirements for hearing aid\ndispensers to provide consumers with printed educational information on\nthe general use of hearing aids and assistive listening devices and on\nthe advantages and disadvantages of binaural hearing aid use and (iii)\nthe training of individuals in the use and maintenance of such\ninstruments;\n (b) continuing education including but not limited to (i) the content\nof such course of study, (ii) the procedures for approval of such course\nof study and (iii) those individuals and organizations who may\npermissibly offer such continuing education course or courses provided\nfor in section seven hundred ninety-four of this article;\n (c) the content, delivery and evaluation of any examination required\nas a condition of registration;\n (d) the standards for advertisements, including but not limited to,\nproscriptions against misleading advertising relating to the scope of\nhearing aid dispensing practices, credentials of individual hearing aid\ndispensers, and the function, use and reliability of a particular\nhearing instrument;\n (e) requirements for the secretary to regularly examine compliance\nwith this article;\n (f) requirements pertaining to the non-diagnostic testing of hearing\nand sale of hearing aids at office, residential and other out of office\nsettings and the development of environmental standards for testing at\noffice, residential and other out of office settings; requirements\npertaining to telemarketing; and\n (g) procedures that the secretary could use to increase public\nawareness of how to properly purchase, fit, adjust and use a hearing\naid, as well as the rights of hearing aid purchasers under state law. In\naddition to such duties and other duties which may be assigned by the\nsecretary, the board shall consult with the secretary, the commissioner\nof education and such other persons as may be appropriate to determine\nthe proper level and degree of education for a hearing aid dispenser,\nthe type of degree and the proper educational institution to offer such\neducation and all other related issues.\n 3. Meetings of the board shall be set at such times as determined by\nthe secretary but in no event fewer than four times annually.\n 4. The members of the board shall serve without compensation, however,\nthey shall receive reimbursement for their actual and necessary expenses\nincurred in the performance of their duties.\n 5. The secretary shall keep a record of all proceedings of the board\nand such record shall be open to public examination.\n