§ 798. Business practice; requirements. 1. Every registrant who\nengages in the dispensing of hearing aids shall have and maintain a\nprincipal office or place of business. Each registrant shall report to\nthe secretary the address of each such office or place of business at\nwhich he or she engages in such dispensing. Changes in address shall be\nreported within thirty days.\n 2. Except as limited by the provisions of this article, each\nregistrant shall conspicuously post a valid individual certificate of\nregistration in open view within his or her office or place of business\nat all times.\n 3. A hearing aid dispenser who is the owner, manager, or franchisee at\na location where hearing aids are dispensed, shall be responsible for\nthe dispensing of any hearing aid at that location.\n 4. The secretary shall in consultation with the hearing aid advisory\nboard prescribe the minimum criteria, procedures and equipment which\nshall be used in the dispensing of hearing aids, including but not\nlimited to:\n (a) a relevant personal history questionnaire;\n (b) a disclosure statement;\n (c) requirements for a testing room, if applicable;\n (d) requirements for the annual calibration and maintenance of\naudiometric equipment;\n (e) requirements for out of office dispensing of hearing aids; and\n (f) if applicable, requirements otherwise provided under article one\nhundred fifty-nine of the education law.\n 5. (a) Unless otherwise authorized by federal law, rule or regulation,\nno hearing aid shall be sold by a hearing aid dispenser under this\narticle, to any person, unless that person provides the dispenser with a\nwritten statement from an otolaryngologist, or if none is available by\nanother licensed physician stating that the prospective user's hearing\nloss has been medically evaluated and that the prospective user is a\ncandidate for a hearing aid.\n (b) A replacement of an identical hearing aid within one year shall be\nan exception to such requirement.\n (c) This subdivision shall not apply to any individual over the age of\nsixteen who has within the preceding three years been examined by an\notolaryngologist, or if none was available by another licensed physician\nwho issued a medical evaluation of their hearing loss for such individ-\nual.\n 6. If it is required by federal law or regulation, a hearing aid\ndispenser shall afford to an individual, who is eighteen years of age or\nolder, the opportunity to waive the medical evaluation requirement of\nthis section, provided however, the hearing aid dispenser shall:\n (a) take no action to encourage, in any way, the prospective user to\nwaive such a medical or audiological evaluation;\n (b) prior to the performance of any activity required pursuant to\nsubdivision eight of this section and prior to the performance of any\nhearing test the hearing aid dispenser shall inform the prospective user\nthat, "Federal law requires a medical evaluation of their hearing loss.\nMedical evaluation shall be conducted by an otolaryngologist, or if none\nis available, by another licensed physician. You have the right to waive\nthis requirement. You must sign a statement of waiver of your rights if\nyou elect to do so";\n (c) provide the prospective user with a copy of the manufacture's user\ninstructional brochure for a hearing aid that has been or may be\nselected for the prospective user;\n (d) review the contents of such brochure with the prospective user\norally;\n (e) conspicuously post a sign in at least forty point bold-faced type\nwhich states: "Federal law requires a medical evaluation of your hearing\nloss by an otolaryngologist, or if none is available, by another\nlicensed physician. You have the right to waive this requirement. If you\nwaive this requirement, you must sign a statement of waiver of your\nrights". Such sign shall also indicate the toll-free number required\nunder section eight hundred three of this article that individuals\nwishing to register
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