NY Gen Bus L § 796 (2021)
2021 New York Laws GBS - General Business Article 37-A - Registration of Hearing Aid Dispensers 796 - Training Program; Requirements; Examination and Re-Examination.

§ 796. Training program; requirements; examination and re-examination. 1.  The  secretary,  in  consultation  with the board, shall establish a full-time, twelve month training program for those  persons  wishing  to apply  for registration as a hearing aid dispenser, except those hearing aid dispensers  otherwise  licensed  pursuant  to  article  one  hundred fifty-nine  of  the  education  law.  For  the purposes of this section, "full-time" shall mean seven hours per day for five days  a  week.  Such program  shall  be  conducted  by  a registered hearing aid dispenser or taught by appropriate faculty with  credentials  to  verify  substantial educational knowledge in the topics outlined below. Any trainee entering such  a  program  shall  operate  under  the  direct  supervision  of  a registered hearing aid dispenser for the  first  three  months  of  such program.   In   addition,   during   such   period,  the  trainee  shall satisfactorily complete a course of instruction, which includes, but  is not limited to, the following topics:  (a) acoustics: general principles.  (b) acoustics: hearing and speech.  (c) the human ear.  (d) disorders of hearing.  (e) puretone audiometry.  (f) speech audiometry.  (g) hearing analysis.  (h) hearing aids and instruments.   2. (a) During the first three months of such program, no trainee shall perform  any activity directly related to the dispensing of a particular hearing aid or hearing aids unless such activity is conducted under  the direct  supervision  of a registered hearing aid dispenser. For purposes of this section, "direct supervision"  shall  mean  activity  under  the immediate  observation and control of a registered hearing aid dispenser and shall require the registered hearing aid dispenser to be  physically present during all dispensing activities of the trainee.  (b)  For  the next three months, no trainee shall perform any activity directly related to the  dispensing  of  a  particular  hearing  aid  or hearing  aids  unless  such  activity  is  conducted  with the immediate consent, review and approval of a registered hearing aid dispenser.  For such  purposes, the registered hearing aid dispenser shall be located on the premises and immediately available to the trainee but shall  not  be required to be physically present at all times.   3. For the entire twelve month training period, the registered hearing aid  dispenser  shall  be  held fully responsible for all actions of the trainee. Any aspect of the dispensing of hearing  aids  performed  by  a trainee  shall  be  reviewed  and approved by the registered hearing aid dispenser prior to the final disposition of any  contractual  agreement. The  signatures  of  both  the  trainee  and  the registered hearing aid dispenser shall be required on all contracts  in  which  a  trainee  has participated.   4.  Upon  application, payment of the required registration fee to the secretary, and satisfaction of all applicable registration requirements, the applicant shall receive a temporary certificate of registration  and shall  enter a training program. The twelve month program shall commence from the date of issuance of the temporary certificate of  registration. No  individual  may  begin a training program or otherwise engage in the dispensing of hearing aids without  a  valid  temporary  certificate  of registration.   5. (a) A trainee may take the required course of instruction under the supervision  of  a  registered  hearing aid dispenser provided that such course of instruction has been approved by the secretary.  (b) A trainee may take the required course  of  instruction  from  any other  provider  offering  a  course  of  instruction  approved  by  the secretary.  (c)  At  the  conclusion  of  each  component,  the performance of the trainee shall be evaluated by the registered hearing  aid  dispenser  or offeror  of  such  approved  course. Upon satisfactory completion of all components of the course of instruction, the trainee and the  registered hearing  aid  dispenser or offeror shall transmit to the secretary proof of the satisfactory completion of each component which shall  have  been signed and affirmed as true under the penalties of perjury.   6.  Upon satisfactory completion of the course of instruction required by this section and successful completion of at least six months of  the training  program,  the  trainee  may  take  the written examination and practical test of proficiency offered by the secretary.   7. (a) Each applicant shall be required to pass a written  examination covering  the  following  areas,  including  but not limited to areas of required instruction in the training program, as  they  pertain  to  the dispensing of hearing aids:  (i) basic physics of sound;  (ii) the  anatomy  and physiology of the ear; and the pathology of the ear as it relates to hearing aid fitting;  (iii) the function of hearing aids;  (iv) hearing aid evaluation; and  (v) knowledge and understanding of this article  and  the  regulations adopted pursuant to it.  (b)  in  addition,  the  trainee  shall  also pass a practical test of proficiency in techniques that pertain to the fitting of hearing aids.   8. (a) If a trainee fails to pass the written examination or practical test of proficiency, he or she may request, and be given the opportunity to review the score of the exam according to the rules  and  regulations of the secretary.  (b)  During  the  period  of  registration  and the renewal thereof, a trainee may  sit  for  the  written  exam  and  the  practical  test  of proficiency  exam or any combination thereof up to three times. The exam shall include both the written and practical components. A  trainee  who has  passed any component of the examination within the prior six months need not re-take that component for final passage. A trainee  who  takes the  exam  three  times  but  does not pass the entire exam or remaining individual component of the  exam  shall  be  terminated  and  shall  be required  to  commence the training program including direct supervision and courses of study as if he or she is a new applicant. No trainee  who fails  such examination three times during such period shall be eligible for permanent registration until he or she has repeated the  traineeship and passed the examination as required.   9.  The  examination  shall  be  given  at convenient times and places during the calendar year but in no event fewer than four times per year. The  secretary  shall  prescribe  the  content  and   format   of   such examination.