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

§ 796. Training program; requirements; examination and re-examination.\n1. The secretary, in consultation with the board, shall establish a\nfull-time, twelve month training program for those persons wishing to\napply for registration as a hearing aid dispenser, except those hearing\naid dispensers otherwise licensed pursuant to article one hundred\nfifty-nine of the education law. For the purposes of this section,\n"full-time" shall mean seven hours per day for five days a week. Such\nprogram shall be conducted by a registered hearing aid dispenser or\ntaught by appropriate faculty with credentials to verify substantial\neducational knowledge in the topics outlined below. Any trainee entering\nsuch a program shall operate under the direct supervision of a\nregistered hearing aid dispenser for the first three months of such\nprogram. In addition, during such period, the trainee shall\nsatisfactorily complete a course of instruction, which includes, but is\nnot limited to, the following topics:\n (a) acoustics: general principles.\n (b) acoustics: hearing and speech.\n (c) the human ear.\n (d) disorders of hearing.\n (e) puretone audiometry.\n (f) speech audiometry.\n (g) hearing analysis.\n (h) hearing aids and instruments.\n 2. (a) During the first three months of such program, no trainee shall\nperform any activity directly related to the dispensing of a particular\nhearing aid or hearing aids unless such activity is conducted under the\ndirect supervision of a registered hearing aid dispenser. For purposes\nof this section, "direct supervision" shall mean activity under the\nimmediate observation and control of a registered hearing aid dispenser\nand shall require the registered hearing aid dispenser to be physically\npresent during all dispensing activities of the trainee.\n (b) For the next three months, no trainee shall perform any activity\ndirectly related to the dispensing of a particular hearing aid or\nhearing aids unless such activity is conducted with the immediate\nconsent, review and approval of a registered hearing aid dispenser. For\nsuch purposes, the registered hearing aid dispenser shall be located on\nthe premises and immediately available to the trainee but shall not be\nrequired to be physically present at all times.\n 3. For the entire twelve month training period, the registered hearing\naid dispenser shall be held fully responsible for all actions of the\ntrainee. Any aspect of the dispensing of hearing aids performed by a\ntrainee shall be reviewed and approved by the registered hearing aid\ndispenser prior to the final disposition of any contractual agreement.\nThe signatures of both the trainee and the registered hearing aid\ndispenser shall be required on all contracts in which a trainee has\nparticipated.\n 4. Upon application, payment of the required registration fee to the\nsecretary, and satisfaction of all applicable registration requirements,\nthe applicant shall receive a temporary certificate of registration and\nshall enter a training program. The twelve month program shall commence\nfrom the date of issuance of the temporary certificate of registration.\nNo individual may begin a training program or otherwise engage in the\ndispensing of hearing aids without a valid temporary certificate of\nregistration.\n 5. (a) A trainee may take the required course of instruction under the\nsupervision of a registered hearing aid dispenser provided that such\ncourse of instruction has been approved by the secretary.\n (b) A trainee may take the required course of instruction from any\nother provider offering a course of instruction approved by the\nsecretary.\n (c) At the conclusion of each component, the performance of the\ntrainee shall be evaluated by the registered hearing aid dispenser or\nofferor of such approved course. Upon satisfactory completion of all\ncomponents of the course of instruction, the trainee and the registered\nhearing aid dispenser or offeror shall transmit to the secretary proof\nof the satisfactory completion of each component which shall have been\nsigned and affirmed as true under the penalties of perjury.\n 6. Upon satisfactory completion of the course of instruction required\nby this section and successful completion of at least six months of the\ntraining program, the trainee may take the written examination and\npractical test of proficiency offered by the secretary.\n 7. (a) Each applicant shall be required to pass a written examination\ncovering the following areas, including but not limited to areas of\nrequired instruction in the training program, as they pertain to the\ndispensing of hearing aids:\n (i) basic physics of sound;\n (ii) the anatomy and physiology of the ear; and the pathology of the\near as it relates to hearing aid fitting;\n (iii) the function of hearing aids;\n (iv) hearing aid evaluation; and\n (v) knowledge and understanding of this article and the regulations\nadopted pursuant to it.\n (b) in addition, the trainee shall also pass a practical test of\nproficiency in techniques that pertain to the fitting of hearing aids.\n 8. (a) If a trainee fails to pass the written examination or practical\ntest of proficiency, he or she may request, and be given the opportunity\nto review the score of the exam according to the rules and regulations\nof the secretary.\n (b) During the period of registration and the renewal thereof, a\ntrainee may sit for the written exam and the practical test of\nproficiency exam or any combination thereof up to three times. The exam\nshall include both the written and practical components. A trainee who\nhas passed any component of the examination within the prior six months\nneed not re-take that component for final passage. A trainee who takes\nthe exam three times but does not pass the entire exam or remaining\nindividual component of the exam shall be terminated and shall be\nrequired to commence the training program including direct supervision\nand courses of study as if he or she is a new applicant. No trainee who\nfails such examination three times during such period shall be eligible\nfor permanent registration until he or she has repeated the traineeship\nand passed the examination as required.\n 9. The examination shall be given at convenient times and places\nduring the calendar year but in no event fewer than four times per year.\nThe secretary shall prescribe the content and format of such\nexamination.\n