NY Gen Bus L § 799 (2021)
2021 New York Laws GBS - General Business Article 37-A - Registration of Hearing Aid Dispensers 799 - Administration; Suspension and Revocation of Registrations; Fines; Reprimands.

§  799.  Administration;  suspension  and revocation of registrations; fines; reprimands. 1. (a) The secretary shall refer each complaint which alleges  conduct  constituting  a  violation  of  article  one   hundred fifty-nine  of  the  education  law  committed by an individual licensed pursuant to article one hundred fifty-nine of the education law  to  the office  of professional discipline within the education department. Such complaints shall be processed pursuant to article one hundred thirty  of the education law.  (b)  Any  order to suspend, revoke or refuse to issue a certificate of registration for hearing aid dispensing of a licensed audiologist  shall be issued by the commissioner of education. Where such complaints allege violation  of  the provisions of this article relating to the dispensing of hearing aids by a registrant who is also subject to the provisions of article one hundred fifty-nine of the education law, the secretary shall have the  powers  as  provided  in  this  section.  Such  powers  relate exclusively to the registration as a hearing aid dispenser.   2.  Except  as  provided  in  subdivision  one  of  this  section, the secretary may suspend or revoke any registration issued pursuant to this article, and/or impose  a  fine  of  up  to  one  thousand  dollars  per violation  payable  to  the secretary. Such penalties may be imposed for the following reasons:  (a) engaging in the business of dispensing  hearing  aids  unless  the person  is a registered hearing aid dispenser or a holder of a temporary certificate of registration.  (b) incompetency which includes, but is not limited to,  the  improper or unnecessary dispensing of a hearing aid.  (c) negligence and/or repeated negligent acts.  (d)   conviction   of   any   crime   substantially   related  to  the qualifications, functions and duties of a hearing aid dispenser.  (e) obtaining a certificate of registration by  fraud  or  deceit;  or presenting as his or her own the certificate of registration of another.  (f)  use  of  the term "doctor" or "physician" or "clinic" or "hearing specialist"  or  "audiologist,"  or  any  derivation   thereof,   unless authorized  by  law;  or  any terms which suggest or imply medical board certification, medical training, competency or expertise. Any  reference to  certification  or  other  professional  training  shall  specify the grantor of such credential.  (g) fraud or misrepresentation in the dispensing of a hearing  aid  or aids.  (h)  the  employment,  to perform any act covered by the provisions of this article, of any person whose certificate of registration  has  been suspended,  revoked,  or  who  does  not  possess a valid certificate of registration or temporary certificate of registration issued under  this article.  (i)  the  use  or  causing  the use, of any advertising or promotional literature in such manner as to have the capacity or tendency to mislead or deceive purchasers or prospective purchasers including any  reference to  "hearing  consultation",  unless  permitted  pursuant to article one hundred fifty-nine of the education law for those hearing aid dispensers licensed under such  article,  or  medical  consultation,  diagnosis  or treatment.  (j)  the registrant's permitting another to use his or her certificate of registration for any purpose.  (k) failure to display the certificate of registration as provided  in this article.  (l)  violation  of  any  provision  of  this article, other applicable federal or state law, rule or regulation, or of any existing  applicable sanitary code.  (m)  failure  or  refusal to perform repairs or service on any hearing aid sold by such trainee and/or registrant.  (n)  no hearing aid dispenser, registrant or hearing aid trainee shall state or imply that the use of any hearing aid will restore  hearing  to normal,  or  preserve  hearing,  or prevent or retard the progression of deafness or being  hard  of  hearing  or  any  false  or  misleading  or medically  or audiologically unsupportable claims regarding the efficacy or benefits of hearing aids.  (o) fraud or bribery in securing  a  certificate  of  registration  or permission to take an examination therefor.  (p)  violation  of a lawful order of the department previously entered in a disciplinary hearing or failure to comply with investigations or  a lawfully issued subpoena of the department.  (q) making any predictions or prognostications as to the future course of  deafness  or  being hard of hearing, either in general terms or with reference to an individual person, except  where  such  predictions  and prognostications  are  made by a hearing aid dispenser licensed pursuant to the provisions of article one hundred fifty-nine of the education law and consistent with such law.  (r) exerting influence on a client in such a manner as to exploit  the client for financial gain for the registrant or for a third party.  (s)  sale  of  a  hearing  aid  by  telephone  or  telemarketing. Such prohibition shall not limit the scheduling of appointments, offering  of services  or  the sale of a hearing aid to a person whom has been tested by that dispenser or dispensing audiologist within the  previous  thirty days  or  is  a  hearing  aid  user  who  has  initiated or specifically requested the telephone sale or offer of sale.  (t) inducing a prospective  user  or  the  parent  or  guardian  of  a prospective  user  to  execute  a  religious waiver through the use of a false or misleading statement to effect the sale of a hearing aid.  (u) performing an otoscopic observation  or  testing  of  hearing  for medical diagnostic purposes.   3. Whenever a certificate of registration is revoked, such certificate of  registration  shall  not  be  reinstated or reissued until after the expiration of a period of five years from the date of such revocation.   4. The secretary may issue an order directing  the  cessation  of  any activity  for  which  registration  is  required  by this article upon a finding that  a  person,  including  a  partnership,  limited  liability company,  corporation,  trust or other business organization has engaged in or acted as a hearing aid  dispenser  or  a  hearing  aid  dispensing business  within this state without a valid registration. The department shall, before making such determination and order,  afford  such  person including  a partnership, limited liability company, corporation, trust, association or business organization, an  opportunity  to  be  heard  in person  or  by  counsel  in reference to an adjudicatory proceeding held pursuant to this article.   6. Upon the suspension or revocation of a certificate of  registration by  the  secretary  and the issuance of a notice thereof, the registrant shall within five business days deliver to the secretary the certificate of registration. If surrendered by mail, the certificate of registration shall be sent by registered or certified mail, postmarked no later  than three  business  days  following  notice  of  suspension  or revocation. Failure to return a certificate of registration which has  been  revoked or  suspended  pursuant to this section within the prescribed time shall constitute a violation punishable by the payment of a fine of up to five hundred dollars.   7. In the event that the registrant shall contest the  charge  of  the violation, a hearing on the charge shall be conducted in accordance with  the  provisions  of subdivisions one and two of section eight hundred of this article.