19 NYCRR Part 192 - Department of State

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19 NYCRR 192.1 - Definitions

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)The General Business Law (GBL), article 37-A contains many specific requirements on the provision of hearing aids. Where appropriate, a regulation may contain a specific reference to a statutory provision. The regulation and the statute should be read together.

(b)The term registrant or business registrant means any individual, corporation, partnership, trust, association or other organization maintaining an established New York State business address who engages in the business of dispensing hearing aids at retail.

(c)The term binaural hearing aids means hearing aids as defined in General Business Law, section 789(7) involving both ears.

(d)The term otolaryngologist shall include a physician who uses the designation otorhinolaryngologist or otologist to describe his medical specialty and is similarly entitled to practice such specialty.

(e)The term consumer includes a purchaser, customer or user of a hearing aid, or the parent or guardian of a purchaser, customer or user.

(f)A professional corporation formed thereby shall be deemed equivalent to any otolaryngologist or audiologist referred to in this Part.

19 NYCRR 192.2 - Application form for a business registrant

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)Contents of application.

In addition to the information listed in General Business Law, section 790, the application shall set forth:

(1)the name and business address of each stockholder owning more than 10 percent of the issued and outstanding stock of a corporation;

(2)the name of the dispenser who is the manager or supervisor at each permanent business location;

(3)the principal office of the business entity, whether or not the dispensing of hearing aids is conducted at such principal office;

(4)whether the applicant, any partner or officer thereof has had a license or registration denied, suspended or revoked in any jurisdiction. If so, the details thereof shall be supplied;

(5)whether any administrative charges or complaints have been brought against the applicant, any partner or officer thereof in any jurisdiction. If so, details thereof shall be supplied;

(6)whether the applicant, any partner or officer thereof has been convicted of a crime or offense other than a minor traffic violation in any jurisdiction. If so, a certified copy of the conviction shall be attached to the application; and

(7)whether the applicant, any partner or officer thereof has ever been engaged in the business of fitting, renting or selling hearing aids in any jurisdiction. If so, the name under which and the address at which such business was conducted shall be supplied.

(b)Assumed name.

If the application is submitted by an individual or unincorporated association using an assumed name or by a partnership, the application shall include a certified copy of the certificate of doing business under the assumed or partnership name filed with the county clerk. If the application is submitted by a corporation, limited partnership or limited liability company using an assumed name, the application shall include a copy of the certificate of assumed name filed with the department.

(c)Signing of application.

The application shall be signed and affirmed by the applicant under penalty of perjury. An application made on behalf of a partnership or corporation shall be executed by the managing general partner or corporate officer who shall have been named in the application as the principal partner or officer.

(d)Restriction as to name.

A name may not contain any word or words which may imply that the applicant provides any medical treatment or audiometric examinations.

(e)A not-for-profit corporation, agency, association or entity which dispenses hearing aids shall register and comply with the provisions of this Part, where applicable.

19 NYCRR 192.3 - Certificate of registration

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)Posting of certificates.

The business certificate of registration and the individual certificate of each dispenser employed at a permanent business location shall be conspicuously posted in open view at such location.

(b)Changes in information.

If there is a change in any information set forth in the application after the issuance of a certificate of registration, a statement of amendment on a form prescribed by the department and executed in the manner required for an application shall be filed by the registrant within 10 days of such change. However, a change of address shall be reported within 30 days.

(c)Transfer of ownership.

No individual, partnership or corporation or other entity or group of persons shall operate under an existing certificate of registration, if there has been a transfer of ownership of the business. For the purpose of this subdivision, a transfer of ownership shall mean a transfer by an individual owner of any portion of his interest, or a transfer of 50 percent or more of the partnership interest or of the issued and outstanding stock of a corporation or other entity.

19 NYCRR 192.4 - Education

Source version current through Nov 30, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Nov 30, 2022

(a)Approved entities.

(1)Hearing aid dispensers. The course of instruction may be conducted by a registered hearing aid dispenser who has a minimum of three years full-time experience in the dispensing of hearing aids.

(2)Educational providers. The course of instruction may be given by: any college or university accredited by the Commissioner of Education of the State of New York; public and private vocational schools; audiology, hearing and/or hearing aid professional societies and organizations; medical facilities; and hearing instrument manufacturers.

(b)Application for approval of a course of study.

(1)An application for approval to conduct a course of study by an educational provider shall be made 60 days before the proposed course is to begin.

(2)The application shall include the following:

(i)name and business address of the proposed school;

(ii)if applicant is a partnership, the names and addresses of all the partners of the entity;

(iii)if applicant is a corporation, the names and addresses of persons who own five percent or more of the stock of the entity;

(iv)the name, home and business address and telephone number of the education coordinator who will be responsible for administering the regulations contained in this Part;

(v)locations where classes will be conducted;

(vi)description of materials that will be distributed; and

(vii)the books that will be used for the course.

(c)Subjects for study for hearing aid dispensers.

(1)The following are the subjects required to be included in the course of instruction for licensure as a hearing aid dispenser, and the required number of hours to be devoted to each such subject. All approved courses must use this course syllabus in conducting their program.

Subjects	Theory	Practical
(i) Acoustics: General Principles	5 hours	10 hours
(ii) Acoustics: Hearing and Speech	5 hours	10 hours
(iii) The Human Ear	5 hours	10 hours
(iv) Disorders of Hearing	5 hours	10 hours
(v) Puretone Audiometry	20 hours	40 hours
(vi) Speech Audiometry	15 hours	30 hours
(vii) Hearing Analysis	45 hours	90 hours
(viii) Hearing Aids and Instruments	45 hours	90 hours
(ix) Infection Control	5 hours	10 hours
(x) New York State and Federal Law, Regulations and Professional Conduct	5 hours	10 hours
Total Theory and Practical Hours	155 hours	310 hours
Total Hours	465 hours

(2)Educational providers may be approved to teach the theory portion of the above syllabus. The student attending the program must be informed by the provider prior to registering for the course that the remaining practical hours must be completed with a registered hearing aid dispenser.

(d)Attendance.

To satisfactorily complete any course offered for study, a person must complete at least 124 theory hours and 310 practical hours of the course of instruction.

(e)Certificate of successful completion.

(1)Upon satisfactory completion of the course of instruction, the approved entity must submit to the student a certificate of completion which shall be signed and affirmed as true under the penalties of perjury. The certificate shall include the following: name of the registered hearing aid dispenser and/or educational provider; hearing aid dispenser course; 155 theory hours and 310 practical hours; if completed with a registered hearing aid dispenser the dispenser's registration number; if completed with an approved educational provider the assigned course code number; a statement that the trainee/ student, who shall be named, has satisfactorily completed a course of study in the provisions of General Business Law, article 37-A, and that such course was completed on a stated date. The certificate must be signed by the registered dispenser or course coordinator and dated.

(f)Faculty.

Each instructor who is a registered hearing aid dispenser with three years of full-time experience in the dispensing of hearing aids and each instructor of an approved educational provider who has three years of experience in the field directly related to hearing aid dispensing must submit a one-time application to the Division of Licensing Services, Bureau of Educational Standards, on an application form as promulgated by the division, along with a resume.

(g)Retention of records.

All persons and organizations conducting approved courses of study shall retain papers for persons completing the course of instruction for a period of five years after completion thereof, and such papers shall at all times during such period be available for inspection by duly authorized representatives of the department.

(h)Facilities.

Each course shall be presented in such premises and facilities as necessary to properly present the course.

(i)Auditing.

A duly authorized designee of the department may audit any course offered and inspect the records of attendance of the course at any time during its presentation or for a period of five years after completion thereof.

(j)Suspension and denials of course approval.

The department may deny, suspend or revoke the approval of a hearing aid dispenser course or a hearing aid dispenser instructor, or location, if it is determined that it is not in compliance with the law and rules, or if the offering does not adequately reflect and present current hearing aid dispenser knowledge. If disciplinary action is taken, a written order of suspension, revocation or denial of approval will be issued. A person who objects to such denial, suspension or revocation shall have the opportunity to appeal to the Secretary of State or designee.

(k)Training program credit for completion of course work.

If an individual successfully completes the theory portion of the course of instruction with an educational provider approved by the department, the trainee may be granted up to three months of credit toward the required 12-month training program. The individual must then complete the remaining practical hours with a registered hearing aid dispenser who has a minimum of three years of full-time experience in the dispensing of hearing aids.

(l)Credit for comparable education in the hearing aid dispensing field.

The department may credit equivalent education upon evidence of the issuance of a completion certificate and transcript satisfactory to the department of a course of study at any accredited college or university, which includes course work substantially similar to that set forth in subdivision (c) of this section. Attendance at such hearing aid dispenser course of study may not be less than 155 hours. Upon issuance of equivalency credit, the applicant must complete the remaining 310 practical hours with a registered hearing aid dispenser who has a minimum of three years of full- time experience in the dispensing of hearing aids.

(m)Registration period.

Each registration or renewal period for hearing aid dispenser courses for approved educational providers shall be for 12 months or a part thereof; said period shall commence on January 1st or a date thereafter and continue until December 31st of each year.

19 NYCRR 192.5 - Training program

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)A trainee who receives up to three months' credit for completing the theory portion of a course of instruction pursuant to section 192.4(k) of this Part may not 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 dispenser for a period of three months. For the next three months, such trainee may not 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 dispenser.

(b)For the purpose of applying to take the written examination, up to three months' course credit may be counted toward satisfying the six months' training program. However, no trainee may apply to take the written examination or practical test until the conclusion of the three-month period of direct supervision.

19 NYCRR 192.6 - Examinations

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)The fee for the initial taking of the written exam and/or practical test, administered at the same time, is $50. There is an additional fee of $50 for the re-taking of either the written exam or the practical test, or the taking of the exam and practical at different times.

(b)An applicant may review the score of a failed examination by making such request in writing to the department. Such review will be made available within a reasonable time at an office of the department. The applicant may not copy the exam or the scoring thereof.

19 NYCRR 192.7 - Continuing education

Related State Register notice: Adopted rule DOS-24-25-00004-A. Published Feb 4, 2026. Notice effective date: Feb 4, 2026.

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022
Related Register notice: DOS-24-25-00004-A · Adopted rule
Related notice published: Feb 4, 2026
Related notice effective date: Feb 4, 2026

Current section text is not available here.

19 NYCRR 192.8 - Employment of dispensers

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

Prior to the dispensing of a hearing aid, a dispenser must present a certificate of registration, either permanent or temporary, to a prospective employer (business registrant).

19 NYCRR 192.10 - Decontamination and infection control

Source version current through Nov 30, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Nov 30, 2022

(a)Definitions.

As used in this section:

(1)OSHA means the Occupational Safety and Health Administration and the statutes, rules and regulations relevant thereto.

(2)EPA means the Environmental Protection Agency.

(3)Cleaning is the removal of gross contamination from an object or surface by the physical removal of all visible dust, soil, and any other foreign material.

(4)Disinfection is the process that kills or destroys a specific number of disease producing organisms, the number of which is determined by the level of disinfectant used.

(5)Sterilization is the process that kills all disease producing organisms (including bacteria, viruses, fungi and spores).

(b)The dispenser shall follow the OSHA Standard for Bloodborne Pathogens (29 CFR § 1910.1030) and the OSHA Standard for Hazardous Material Communication (29 CFR § 1910.1200), where appropriate, incorporated by reference herein. In addition, the dispenser shall comply with the procedures, where not in conflict with OSHA regulations, set forth in this section. Such Federal regulations are authored by the United States Department of Labor, Occupational Safety and Health Administration, revised as of July 1, 1999, and published by the United States Government Printing Office via GPO Access, Washington, DC. A copy is available for public inspection and copying at the Division of Administrative Rules, Department of State, One Commerce Plaza, 99 Washington Avenue, Suite 650, Albany, NY 12231-0001.

(c)General procedures for cleaning, disinfection and sterilization.

The dispenser shall use scientifically accepted infection prevention techniques appropriate for the cleaning and disinfection or sterilization of instruments, devices, materials and work surfaces, utilization of protective garb, and the storage of contamination-prone equipment. Such techniques shall include but not be limited to the following:

(1)Prior to disinfection or sterilization, all items and surfaces must first be cleaned of gross contamination. This should be accomplished by cleaning with warm water and soap or detergent, rinsing thoroughly, drying with clean or disposable toweling, or allowing to thoroughly air dry. Disinfection and sterilization must be accomplished in accordance with the manufacturer's recommendations for the item or surface.

(2)All disinfectant processes prescribed herein must be accomplished by the use of an EPA-approved hospital grade disinfectant.

(3)Sterilization may be accomplished by using an autoclave or by soaking for a minimum of 10 hours in an approved two percent glutaraldehyde solution or in any other EPA-approved chemical sterilant solution in accordance with the manufacturer's directions. Porous items should not be soaked in glutaraldehyde solution.

(4)Items for autoclaving must be packaged prior to sterilization. Gloves must be worn when handling chemical sterilant solution and precautions must be taken to insure that the solution does not come into contact with any skin surface.

(5)Following disinfection or sterilization, items must be rinsed, dried and stored in a clean drawer, cabinet or covered container.

(6)All solutions and equipment used for disinfection and sterilization must be stored, maintained and monitored according to the manufacturer's directions so as to protect from contamination and to assure the continued integrity of the intended process. Such solution and equipment must be maintained in the original packaging with active ingredients and scope of use clearly described on the original label.

(7)Each registered business location must have on file all material safety data sheets (MSDS) for inspection. MSDS must be stored in a metal file accessible to all employees.

(8)All “clean” and “dirty” equipment or items must be transported to and from remote locations in covered containers. Clean items and supplies must be kept in containers separate from those that have been used and all items and supplies must be marked according to their status.

(d)Specific procedures and schedules for cleaning, disinfection and sterilization of surfaces and implements.

(1)Hearing aids and earmolds must be cleaned and disinfected prior to any handling by office staff. Hearing aids must be disinfected using an approved wipe or spray; earmolds must be disinfected using approved wipe, spray or submersion system. In all cases, disinfection must be accomplished according to the manufacturer's directions. In addition, clients must be instructed in the appropriate manner of cleaning and disinfecting appliances for their own use.

(2)In general, headphone ear cushions, bone conduction oscillators, and headbands must be cleaned and disinfected using an approved disinfectant wipe or spray at least once per week. Following use on a client with evidence of a sore on the ear, scalp or face, with any ear drainage, or with questionable hygiene, disinfection must be performed prior to re-use.

(3)Otoscope specula, real ear probe tubes, otolight tips, or any other item that comes in contact with the ear must be cleaned and disinfected using an approved wipe or submersion system prior to each client use. The use of disposable specula, probe tubes and tips after each client use is encouraged and will eliminate the need for disinfection.

(4)Hearing aid cleaning tools and listening stethoscope couplers must be cleaned and disinfected using an approved wipe or submersion system before re-use.

(5)Reception countertops and tabletops used in testing rooms must be cleaned and disinfected using an approved wipe or spray at least once per day.

(6)Arm rests used by clients in testing rooms must be cleaned and disinfected using an approved wipe or spray at least once per week.

(e)Procedures with respect to blood, body fluids and client contact.

(1)All blood, mucous or other body fluid encountered in the workplace must be treated as if infectious. Direct contact with blood should be avoided and disposable gloves used whenever such contact can be reasonably anticipated. Cerumen is a potentially infectious material only when it is contaminated with blood or mucous (drainage). Since cerumen is dark and viscous it is often difficult to determine if it is contaminated and the content of cerumen cannot be determined through visual inspection. Consequently, cerumen should be treated as an infectious substance. In addition to any other statutory or regulatory procedures with respect to blood, body fluids and client contact, the following precautionary measures must be taken:

(2)A hearing aid or earmold must not be handled upon removal from the ear with bare hands until it has been cleaned.

(3)Either gloves must be worn while disinfecting a hearing aid appliance or earmold, or a disinfectant towelette or spray must be used to hold, clean and disinfect the appliance.

(4)Any disposable materials coming into contact with blood or other contaminated or potentially contaminated body fluids must be disposed of in a plastic bag which will be sealed in a manner that protects the dispenser, dispenser's staff, client and others, such as sanitation workers, who may come into contact with the material.

(5)Any disposable sharp object that comes into contact with blood or other body fluids shall be disposed of in a sealable rigid puncture proof container which is strong enough to protect from accidental cuts or puncture wounds that could happen during the disposal process.

(f)Hygienic practices.

(1)Hands must be washed before and after direct contact with each client.

(2)Bar soap for more than one person is prohibited. Liquid or powder soap dispensers or antimicrobial waterless hand cleaners may be used.

(3)Disposable paper towels or hot air dryers shall be available for hand drying when antimicrobial waterless hand cleaners are not used.

(4)Direct client care and handling of client care equipment is forbidden if the dispenser has exudative lesions or weeping dermatitis and the condition has not been medically evaluated and determined to be safe or capable of being safely protected against in providing direct client care or in handling client care equipment.

19 NYCRR 192.11 - Environmental standards for testing

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)Office.

Audiometric testing shall take place in a test environment meeting the criteria for background noise in accordance with prevailing hearing related industry standards.

(b)Residential.

When a customer is home-bound and not able physically or psychologically to receive services in an office setting or it is geographically inconvenient to do so, the dispenser must arrive at the customer's residence with the proper calibrated equipment and a sound level meter to measure ambient noise in the room and be able to perform the test where the ambient sound is not so loud as to interfere with the testing. If the prevailing hearing related industry standards can not be met, such fact must be noted on the audiogram.

(c)Other nonoffice setting.

In such settings as a nursing home, the dispenser must have the proper equipment and the ambient sound in the site of testing must be such that it does not interfere with the testing. If the prevailing hearing related industry standards can not be met, such fact must be noted on the audiogram.

19 NYCRR 192.12 - Nondiagnostic testing procedures

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)Prior to audiometric testing, the hearing aid dispenser shall:

(1)conduct a direct otoscopic observation of the client's ear canals;

(2)inquire and/or make general observations regarding any of the following conditions:

(i)visible congenital or traumatic deformity of the ear;

(ii)history of or presence of active drainage from the ear within the previous 90 days;

(iii)history of sudden or rapidly progressive hearing loss within the previous 90 days;

(iv)acute or chronic dizziness;

(v)unilateral hearing loss of sudden or recent onset within the previous 90 days;

(vi)visible evidence of bleeding, significant cerumen accumulation, or presence of a foreign body in the ear canal;

(vii)pain or discomfort in the ear; and

(3)inquire as to any additional medical conditions, physical considerations or surgical history with reference to the client's hearing and potential hearing aid use.

(b)Appropriate testing procedures shall include:

(1)determination of pure-tone thresholds for each ear, in accordance with prevailing hearing related industry standards, including:

(i)pure-tone air conduction thresholds for each ear;

(ii)masked pure-tone air conduction thresholds if there is a difference of 40dB or more between the air conduction thresholds of the two ears or the air conduction threshold of the poorer ear and the bone conduction threshold of the better ear;

(iii)pure-tone bone conduction thresholds for each ear; and

(iv)masked pure-tone bone conduction thresholds if there is a difference of 15dB or greater between the bone conduction threshold of the better ear and the air conduction threshold of the poorer ear;

(2)determination of speech audiometry for each ear including:

(i)the speech recognition threshold (SRT) for each ear (or, if undeterminable, the speech awareness threshold) utilizing appropriate spondaic word lists or other acceptable methods;

(ii)the most comfortable loudness (MCL) for speech for each ear;

(iii)the threshold of discomfort (TD) or uncomfortable level (UCL) for speech for each ear; and

(iv)speech recognition scores for each ear and/or binaurally (as appropriate) utilizing appropriate phonetically balanced word lists or other acceptable methods.

(c)Where it is not appropriate or possible to conduct any or all tests listed in subdivision (b) of this section, a dispenser may conduct such tests as appropriate. The dispenser must record in the patient's file those tests which are not conducted and the reasons therefor, in accordance with the clinical judgment of the dispenser.

19 NYCRR 192.13 - Forty-five day guarantee

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)A registrant may make a guarantee which grants rights to the consumer in addition to those contained in General Business Law, section 798(12).

(b)In a rental of a hearing aid or sale thereof under an installment contact or other non-sale transaction covered under General Business Law, section 789(11), the cancellation fee shall be measured by the charge the registrant would make for a similar hearing aid and accessories sold outright to a customer. The cancellation fee shall be payable out of such sum the customer may have paid on account of the rental or purchase price and any security the customer may have deposited with the registrant. If the amount paid or deposited is insufficient to pay for the cancellation fee the registrant may be entitled to, the customer shall be required to pay the difference due in order to effect cancellation of the agreement. If such payments exceed the amount so due, the registrant shall return the difference to the customer forthwith.

(c)A contract of sale or rental may be utilized as the receipt and contain any guarantee.

(d)The registrant shall deliver to the purchaser a written statement setting forth the amount returned to the purchaser.

(e)A registrant may refuse to accept the return of a hearing aid within the 45-day guarantee period if the wear and tear on the hearing aid exceeds that which is reasonable. A registrant may not refuse to accept the return of a hearing aid for such reason unless the registrant provides a written statement to the customer which shall specifically describe the condition of the hearing aid upon which the registrant bases such refusal. A copy of such statement shall be placed in the customer's file. Within the 45-day guarantee period a registrant may not demand or receive from a customer the payment of any special or additional fee or charge for accepting the return of a hearing aid on the ground that the registrant has the right to refuse to accept the return by reason of unreasonable wear and tear on the instrument.

19 NYCRR 192.14 - Repair and service

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)A registrant shall accept for repair and other necessary service any hearing aid or accessory thereof, sold or rented by the registrant to the customer, for a period of five years from the date of sale or rental. The repair or service may be made by the registrant or referred by the registrant to the manufacturer or supplier of the hearing aid or accessories or to any other person.

(b)The charge for any necessary repair or service shall be reasonable and no more than that which is provided in any outstanding sale or rental agreement. The registrant shall deliver an itemized receipt showing the repair and service provided and the charge therefor. If the charge for the repair or service shall exceed $50, no work may be performed unless the customer shall have been first advised of the work to be performed, the charge therefor, and shall have approved same.

(c)If the registrant or the manufacturer or other person making the repair shall charge a non- refundable fee for an estimate of the cost of such repair, the customer shall be advised thereof in writing prior to the acceptance of the instrument. The registrant is entitled to retain such fee if the customer determines not to proceed with the repair after receiving the estimate.

(d)In addition to the provision for payment for the specific repair of a damaged or otherwise defective instrument, the registrant may offer to repair such instrument on a flat-rate basis, with at least a 30-day written guarantee that the instrument shall operate properly, except for subsequent damage caused by the customer. If the customer accepts repair on a flat-rate basis, the itemized statement as to the repairs made need not set forth the specific charges therefor.

(e)When a hearing aid is brought in for repair or service, the registrant may supply a suitable loan of an instrument to the consumer for the period the instrument is being repaired or serviced. If such a loaner is available and there is a charge therefor, the customer shall not be required to accept any such loaner as a condition to the repair or service.

19 NYCRR 192.15 - Records to be maintained

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)A registrant shall maintain a file for each customer which shall contain the information listed in General Business Law, section 798(14) and:

(1)a copy of the written guarantee;

(2)a copy of the invoice or other record of purchase by the registrant of the hearing aid and custom ear mold, if any;

(3)copy of any correspondence from and to the customer; and

(4)a copy of the statement given to the customer upon the exercise of the right of cancellation under a 45-day guarantee.

(b)A registrant shall maintain a file which shall contain a copy of all advertisements placed in any media or sent to a customer or prospective customer.

(c)A registrant shall maintain a file containing the invoices on the purchases of batteries, and the records of rebates, discounts and allowances on the purchases of batteries and custom ear molds. The invoice shall specify the particular ear mold to which the rebate, discount or other allowance applies.

(d)A registrant shall maintain a file containing customer requests for home visits for the purpose of soliciting the sale or rental of hearing aids, showing the name of the customer, date and manner of the request and date of the home visit.

(e)All records required to be maintained at each business location shall, upon request, be open to inspection by duly authorized employees of the department during regular business hours.

19 NYCRR 192.16 - Advertisements

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)A registrant shall comply with General Business Law, section 798(15).

(b)A registrant shall maintain an advertising file at its principal office.

(c)The advertising file shall contain the materials supporting a claim that a hearing aid, device, part or accessory is a new invention or involves a new mechanical or scientific principle. The filing of any such materials shall not relieve the registrant of any liability under the provisions of any law and this Part, if it is determined such advertising claim is not true. In order to comply with these filing requirements, the registrant may place in the advertising file a written statement signed by the manufacturer of the instrument, part or accessory, setting forth the nature of the claim, the basic principle underlying the claim, and that further detailed material supporting such claim is on file at the manufacturer's listed office and available to the department upon request.

(d)A registrant shall place in its advertising file the original of a testimonial used in advertising hearing aids or accessories. The testimonial must be in writing duly signed and acknowledged by the person and indicate the residence address of the person making same.

(e)A registrant may not advertise the availability of the services of an otolaryngologist or authorized physician or the approval or recommendation of the registrant's services by any otolaryngologist, audiologist or authorized physician. A registrant may not advertise the availability of the services of an audiologist unless such advertisement shall indicate: that the audiologist provides services at the business location of, and as part of the overall service provided by, the registrant; and whether there shall be an extra charge therefor.

(f)A registrant may not publish, promulgate or disseminate, in any communications form, any false or misleading advertising relating to the scope of hearing aid dispensing practices, the credentials of an individual dispenser, or the function, use or reliability of a particular hearing instrument.

19 NYCRR 192.17 - Canvassing

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

A registrant shall comply with General Business Law, section 798(16). A bona fide visit by a registrant in the ordinary course of business for the purpose of determining whether a hearing aid sold or rented is properly functioning shall not require the prior request or assent of the customer.

19 NYCRR 192.18 - Consumers

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

(a)Complaints.

A consumer may register a complaint with any office of the department in person, in writing or by telephone.

(b)Printed educational information.

Printed educational materials should include:

(1)Procedures by which a consumer may file a complaint.

(2)General information about the general use of hearing aids and the advantages and disadvantages of monaural and binaural hearing aid use, including: information of the value of hearing aid use for a prospective purchaser; consumer protection piece - what to be aware of in sales pitches and “hard sell” techniques, such as “giveaways” and sales pitches that minimize the need for medical and audiological exams; basic “how to” use a hearing aid for a new consumer; and information about the advantages of purchasing and using the telecoil switch (t- switch).

(3)General information on assistive listening devices (ALDs), including a basic overview of the types of ALDs currently available and how ALDs may be used with hearing aids.

(4)A statement regarding the availability of support groups for people who are deaf and hard of hearing.

(c)Training of consumers.

(1)The dispenser shall instruct new users of hearing aids on basic information about how to use the aid. This training should include, at a minimum, the following:

(i)basic care and use of the hearing aid;

(ii)communication strategies to adjust to a new hearing aid;

(iii)information on support groups;

(iv)storage of the hearing aid when not being used;

(v)protection of the hearing aid from perspiration and moisture;

(vi)installation of a battery;

(vii)frequency of necessity to purchase batteries;

(viii)use of the telecoil-switch;

(ix)telephone usage;

(x)reasonable longevity of the hearing aid;

(xi)information about purchasing insurance to cover loss or damage;

(xii)review of 45-day return policy; and

(xiii)review of complaint policy.

(2)Such training may be offered in a group setting provided provisions are made to allow all participants to hear the presentation (e.g., provide ALDs compatible with their hearing aids) and/or to provide written materials, and shall be offered to all new purchasers of hearing aids and those who need to review the hearing aid orientation materials.

19 NYCRR 192.19 - Earlier source heading: [Repealed]

Source version current through Apr 15, 2022

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

Current section text is not available here.

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