NY Gen Bus L § 790 (2021)
2021 New York Laws GBS - General Business Article 37-A - Registration of Hearing Aid Dispensers 790 - Certificate of Registration Required; Qualifications and Application.

§  790.  Certificate  of  registration  required;  qualifications  and application. 1. Any person desiring to be engaged in the  dispensing  of hearing  aids  in  this state shall be registered biennially pursuant to this article. Such person shall file with the secretary  an  application to be registered as a hearing aid dispenser. The secretary shall examine each  application  and  issue a certificate of registration if either of the following criteria are satisfied:  (a) (i) the applicant is twenty-one years of age or older;  (ii) is of good moral character;  (iii) has received a high school diploma or its equivalent;  (iv) has two years college accredited coursework or its equivalent;  (v) has fully completed the required training program;  (vi) has achieved a passing score on the required examination;  (vii) has not had a registration, license or  other  authorization  to dispense hearing aids suspended or revoked;  (viii)  has  paid  the appropriate fees according to the provisions of section seven hundred ninety-seven of this article; and  (ix) on or after January first,  two  thousand  three,  the  applicant shall demonstrate the successful completion of post-secondary coursework approved by the secretary in conjunction with the advisory board; or  (b)  (i)  the applicant has submitted proof of licensure under article one hundred fifty-nine of the education law as a licensed audiologist;  (ii) has paid the appropriate fees  according  to  the  provisions  of section seven hundred ninety-seven of this article;  (iii)   has  achieved  a  passing  score  on  the  practical  test  of proficiency required  pursuant  to  subdivision  six  of  section  seven hundred  ninety-six of this article or who submits evidence satisfactory to the secretary of experience in dispensing hearing aids; and  (iv) has not had a registration, license  or  other  authorization  to dispense  hearing  aids suspended or revoked according to the provisions of section seven hundred ninety-nine of this article.   2. An application for a certificate of registration as a  hearing  aid dispenser  shall  be filed with the secretary in such form and detail as the secretary shall prescribe, duly signed and verified, setting forth:  (a) the name and address of the applicant;  (b) the name and business address or addresses at which the individual will be employed;  (c) the information contained in subdivision one of this section; and  (d) any further information deemed necessary and prescribed by rule or regulation by the secretary.   3. (a) Any person who has been continuously registered  as  a  hearing aid dealer pursuant to the former article thirty-seven-A of this chapter for the three years immediately preceding January first, two thousand or who  submits evidence satisfactory to the secretary of experience in the business of dispensing hearing aids in this state for  the  three  years immediately  preceding  January  first,  two  thousand,  upon payment of applicable fees, shall be registered as  a  hearing  aid  dispenser  and shall  be exempt from requirements set forth in subparagraphs (iv), (v), (vi) and (ix) of paragraph (a) of subdivision one of this section.  (b) Any person who has been continuously registered as a  hearing  aid dealer pursuant to the former article thirty-seven-A of this chapter for less  than  three  years  but  more  than one year immediately preceding January first, two thousand, or who submits evidence satisfactory to the secretary of less than three years but more than one  year's  continuous experience  in  the  business  of  dispensing hearing aids in this state immediately  preceding  January  first,  two  thousand,  may   pay   the applicable fees and register as a hearing aid dispenser. Such registrant shall  be  exempt from the requirements set forth in subparagraphs (iv),  (v) and (ix) of paragraph (a) of subdivision one of this  section.  Such registrant  shall  achieve  a passing score on the required registration examination by December thirty-first,  two  thousand;  provided  further that, upon failing to achieve a passing score such person shall continue under  the  supervision of a registered hearing aid dispenser until such time as a passing score is achieved, provided that such passing score is achieved on an examination administered  within  twelve  months  of  the first examination.  (c)  Any  individual who has been continuously registered as a hearing aid dealer pursuant to the former article thirty-seven-A of this chapter for less than twelve months immediately  preceding  January  first,  two thousand  or  any  individual with less than twelve months experience in the business of  dispensing  hearing  aids  in  this  state  immediately preceding  January  first, two thousand shall be required to comply with all the requirements set forth in subdivision one of this section.  (d) Any person licensed pursuant to article one hundred fifty-nine  of the education law, who submits evidence satisfactory to the secretary of experience  of  dispensing  hearing  aids  in  this state for the period immediately preceding January  first,  two  thousand,  upon  payment  of applicable fees shall be registered as a hearing aid dispenser and shall be exempt from requirements set forth in subparagraph (iii) of paragraph (b) of subdivision one of this section.   4.  Upon  application  to  the  secretary,  a temporary certificate of registration authorized under section seven hundred ninety-five of  this article   shall   be  issued  to:  (i)  individuals  who  prove  to  the satisfaction of the secretary that he or  she  will  be  supervised  and trained by one or more registered hearing aid dispensers for a period of twelve months or (ii) individuals who are candidates for licensure under article  one hundred fifty-nine of the education law, have satisfied the educational requirement in subdivision two of section eighty-two hundred six of the education law, and are actively  engaged  in  completing  the experience  requirement  in  subdivision  three  of  section  eighty-two hundred  six  of  the  education  law.  A   temporary   certificate   of registration may be renewed only once.  (a) A person holding a temporary certificate of registration shall not be  the  sole proprietor of, manage, or independently operate a business which engages in the business of dispensing  hearing  aids  unless  such business employs a registered hearing aid dispenser.  (b) A person holding a temporary certificate of registration shall not advertise  or  otherwise represent that he or she holds a certificate of registration as a hearing aid dispenser.  (c) A person holding a temporary certificate of registration who is  a candidate  for  licensure  under  article  one hundred fifty-nine of the education law shall be exempt  from  the  requirement  to  complete  the course  of instruction prescribed by section seven hundred ninety-six of this article.   5. (a) Any individual, corporation, partnership, trust, association or other organization maintaining an established New  York  state  business address desiring to engage in the business of dispensing hearing aids at retail,  shall  register  with  the  department and submit the following information:  (i) name and address or addresses of each permanent business location;  (ii) names and addresses of the principal  owner  or  manager  of  the business  and if such owner is a corporation the names and titles of the corporate officers; if a partnership, the name and title of the  general partners,  if  a  limited  liability  company the name of the members or managers, if a limited liability partnership, the names of the partners,  if a trust, the name of the trustee, if an  association,  the  principal officers; and  (iii) the appropriate fees.  (b)  No  such individual, corporation, partnership, trust, association or other organization maintaining an established New York state business address shall engage in the business of dispensing hearing  aids  unless such organization:  (i) has obtained a valid business certificate of registration from the secretary;  (ii) employs  at  least  one  registered hearing aid dispenser at each business location who regularly dispenses hearing aids at that location;  (iii) files annually with the secretary a list of  registered  hearing aid dispensers currently employed; and  (iv) files a statement with the secretary that such organization is in compliance  with  the  provisions  of  this  article and rules and regu- lations promulgated pursuant thereto and the regulations of the  federal food and drug administration and the federal trade commission.   6.  The  secretary  may  grant  a  certificate  of  registration  upon submission of an application and appropriate fees where such application contains satisfactory proof that the applicant holds a valid hearing aid dispenser's license or registration in another state, where  the  secre- tary  has determined such state has requirements equivalent to or higher than those in effect pursuant to this article.    7. Notwithstanding the provisions of any law to the contrary,  on  or after  the  first  day  of  January first, two thousand, no person shall engage in the dispensing of hearing  aids  in  this  state  unless  such person  is  registered as a hearing aid dispenser in accordance with the provisions of this article.   8. Notwithstanding the requirements of  this  section,  the  secretary shall  take  steps  necessary  to  provide for the immediate and orderly registration of applicants qualified pursuant to this  article.  Persons seeking  to  qualify for registration pursuant to paragraphs (b) and (c) of subdivision three of this section shall be immediately entitled to  a temporary certificate of registration. Within one hundred twenty days of the  effective  date of this subdivision, the secretary shall approve an examination for completed registration pursuant to section seven hundred ninety-six of this article.   9. Anyone registered as a hearing aid dealer on the effective date  of this  article or who possesses the requisite experience for registration pursuant to paragraphs (a) and (b) of subdivision three of this  section shall register on or before January first, two thousand and may continue to  dispense  hearing  aids  as  if  registered  if  an  application for registration is submitted to the department within thirty  days  of  the effective date of this article.