2023 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.