§ 799. Administration; suspension and revocation of registrations;\nfines; reprimands. 1. (a) The secretary shall refer each complaint which\nalleges conduct constituting a violation of article one hundred\nfifty-nine of the education law committed by an individual licensed\npursuant to article one hundred fifty-nine of the education law to the\noffice of professional discipline within the education department. Such\ncomplaints shall be processed pursuant to article one hundred thirty of\nthe education law.\n (b) Any order to suspend, revoke or refuse to issue a certificate of\nregistration for hearing aid dispensing of a licensed audiologist shall\nbe issued by the commissioner of education. Where such complaints allege\nviolation of the provisions of this article relating to the dispensing\nof hearing aids by a registrant who is also subject to the provisions of\narticle one hundred fifty-nine of the education law, the secretary shall\nhave the powers as provided in this section. Such powers relate\nexclusively to the registration as a hearing aid dispenser.\n 2. Except as provided in subdivision one of this section, the\nsecretary may suspend or revoke any registration issued pursuant to this\narticle, and/or impose a fine of up to one thousand dollars per\nviolation payable to the secretary. Such penalties may be imposed for\nthe following reasons:\n (a) engaging in the business of dispensing hearing aids unless the\nperson is a registered hearing aid dispenser or a holder of a temporary\ncertificate of registration.\n (b) incompetency which includes, but is not limited to, the improper\nor unnecessary dispensing of a hearing aid.\n (c) negligence and/or repeated negligent acts.\n (d) conviction of any crime substantially related to the\nqualifications, functions and duties of a hearing aid dispenser.\n (e) obtaining a certificate of registration by fraud or deceit; or\npresenting as his or her own the certificate of registration of another.\n (f) use of the term "doctor" or "physician" or "clinic" or "hearing\nspecialist" or "audiologist," or any derivation thereof, unless\nauthorized by law; or any terms which suggest or imply medical board\ncertification, medical training, competency or expertise. Any reference\nto certification or other professional training shall specify the\ngrantor of such credential.\n (g) fraud or misrepresentation in the dispensing of a hearing aid or\naids.\n (h) the employment, to perform any act covered by the provisions of\nthis article, of any person whose certificate of registration has been\nsuspended, revoked, or who does not possess a valid certificate of\nregistration or temporary certificate of registration issued under this\narticle.\n (i) the use or causing the use, of any advertising or promotional\nliterature in such manner as to have the capacity or tendency to mislead\nor deceive purchasers or prospective purchasers including any reference\nto "hearing consultation", unless permitted pursuant to article one\nhundred fifty-nine of the education law for those hearing aid dispensers\nlicensed under such article, or medical consultation, diagnosis or\ntreatment.\n (j) the registrant's permitting another to use his or her certificate\nof registration for any purpose.\n (k) failure to display the certificate of registration as provided in\nthis article.\n (l) violation of any provision of this article, other applicable\nfederal or state law, rule or regulation, or of any existing applicable\nsanitary code.\n (m) failure or refusal to perform repairs or service on any hearing\naid sold by such trainee and/or registrant.\n (n) no hearing aid dispenser, registrant or hearing aid trainee shall\nstate or imply that the use of any hearing aid will restore hearing to\nnormal, or preserve hearing, or prevent or retard the progression of\ndeafness or being hard of hearing or any false or misleading or\nmedically or audiologically unsupportable claims regarding the efficacy\nor b
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