NY Gen Bus L § 789 (2021)
2021 New York Laws GBS - General Business Article 37-A - Registration of Hearing Aid Dispensers 789 - Definitions.

§ 789. Definitions. As used in this article:1. "Account" shall mean the hearing aid dispensing account.2. "Audiologist" means an individual who is licensed under article one   hundred fifty-nine of the education law to evaluate hearing, and hearing   and  communication disorders and to engage in those practices defined in   section eighty-two hundred three of the education law.3. "Board" shall mean the hearing aid dispensing advisory board.4. "Business" means any individual, partnership,  trust,  association,   organization or corporation.5. "Department" means the department of state.6.  "Dispensing  of hearing aids" means the act of fitting, selecting,   selling, renting, adapting or servicing of hearing  aids  or  any  other   instrument  to  compensate for impaired hearing; provided that such term   shall include testing of hearing, solely for  the  purpose  of  fitting,   selecting, selling, distribution, renting, adapting or servicing hearing   aids or any instrument to compensate for impaired hearing, the making of   impressions,   castings   and  shells  and  appropriate  counseling  and   instructions pertaining to the selection, adaptation and sale or  rental   of  hearing  aids  and further provided that such term shall include any   tasks, procedures, acts, or practices that are  necessary  (a)  for  the   non-diagnostic  testing  of  hearing solely for the purpose of fitting a   hearing aid; (b) for training in  the  use  of  amplification  including   hearing  aids; (c) for the making of ear molds for hearing aids; (d) for   the fitting, dispensing, and sale of hearing aids; or (e) for  otoscopic   observation  of  solely  the  ear  canal  for  the  purposes of fitting,   dispensing or sale of hearing  aids;  provided,  however,  that  nothing   contained  in this subdivision shall be deemed to permit the performance   of or reference to an otoscopic evaluation for  medical  diagnosis;  and   (f)   for   those   other   procedures  necessary  to  determine  proper   amplification needs and the  specific  hearing  aid  which  will  be  of   maximum  benefit  to  aid or to compensate for the impaired ear. Testing   for the purpose of fitting a hearing aid shall include only  such  tests   meeting  standards  acceptable  to the secretary as needed to verify the   optimum fitting characteristics and circuitry of  any  hearing  aids  or   amplification  devices needed and shall not be for the purposes of, make   any reference to,  or  include  any  medical  diagnosis  whatsoever.  No   hearing  aid  dispenser shall verbally or in writing make a statement or   reference to a  prospective  hearing  aid  user  regarding  any  medical   condition  or  diagnosis except such communications required pursuant to   paragraph (c) of subdivision eight of section seven hundred ninety-eight   of this article. Nothing in this subdivision shall restrict or limit any   person licensed under article one hundred fifty-nine  of  the  education   law  from  performing  any  activity  authorized  thereunder;  provided,   however, that every such person shall be registered  as  a  hearing  aid   dispenser  pursuant  to  the  requirements  of  this article in order to   dispense hearing aids.7. "Hearing aid" means any wearable instrument or device designed  for   or  offered for the purpose of aiding or compensating for impaired human   hearing  and  any  parts,  attachments  or  accessories  but   excluding   batteries and cords or accessories thereto.8. "Hearing aid dispenser" means any person twenty-one years of age or   older or an audiologist licensed under article one hundred fifty-nine of   the  education  law who is engaged in the dispensing of hearing aids who   is registered and  dispensing  hearing  aids  in  accordance  with  this   article.9.  "Otolaryngologist"  means  a  physician licensed under article one   hundred thirty-one of the education law, who practices  that  branch  of   medicine which treats diseases of the ear, nose and throat. 10. "Secretary" means the secretary of state.11.  "Sell"  or  "sale" means any transfer of title or of the right of   use by sale, conditional  sales  contract,  lease  bailments,  including   rentals  of  hearing  aids  hire-purchase, or any other means; excluding   wholesale transactions of dealers and distributors.12. "Trainee" means a person twenty-one years of  age  or  older,  who   upon  receiving  a  temporary  certificate  of registration, is studying   hearing aid dispensing full-time for the purpose of  qualifying  to  sit   for the registration examination.