N.Y.
General Business Law Section 803
Powers of the secretary
1.
The secretary shall promulgate such rules and regulations as are deemed necessary to effectuate the purposes of this article, and shall provide written notification of the provisions of this article and a copy of the registration application within ninety days of the effective date of this article to all dealers as were registered under former article 37-A (Registration of Hearing Aid Dispensers)article thirty-seven-a of this chapter prior to such effective date and to audiologists licensed pursuant to article one hundred fifty-nine of the education law. Such notification shall inform all such dealers, their dispensing employees and audiologists of the obligation to register pursuant to subdivision nine of § 790 (Certificate of registration required)section seven hundred ninety of this article.2.
The secretary shall review implementation of the provisions of this article in consultation with the board and shall vigorously and proactively ensure the enforcement of its provisions through site visits, regular examination of compliance with this article, public outreach and education, promulgation of regulations, delivery of technical assistance, and such other forms as would increase awareness of and adherence to the protections and process prescribed in this article. The secretary shall examine compliance with this article for each business registered pursuant to subdivision one of § 790 (Certificate of registration required)section seven hundred ninety of this article at least once every four years.3.
In addition to the powers and duties specified elsewhere in this article, the secretary, upon the complaint of any individual or upon the secretary’s initiative, shall have the power to make and to conduct such investigations as are deemed necessary to effectuate the purposes of this article. The secretary shall have the power to require the attendance of witnesses and issue subpoenas in accordance with the provisions of this section, in the conduct of such investigations.4.
In conjunction with the board, the secretary shall:(a)
develop procedures for promptly investigating all complaints regarding violations of this article;(b)
develop procedures for assisting consumers in resolving a dispute with those persons registered pursuant to this article and mediating on behalf of consumers when needed;(c)
establish a toll-free number at which consumers, including persons who are hard of hearing or deaf, can register a complaint; and(d)
develop other procedures as necessary to increase public awareness of how to properly purchase, fit, adjust and use a hearing aid, as well as the rights of hearing aid consumers pursuant to this article, which shall include the distribution of written information concerning this subject matter and the toll-free number to those subject to this article, the media, and the general public.5.
The secretary, in conjunction with the board shall cause to be prepared and distributed printed educational information to registered hearing aid dispensers and others about the general use of hearing aids and assistive listening devices and on the advantages and disadvantages of hearing aids as well as rights and remedies available to the consumer pursuant to this article.6.
The secretary shall regularly communicate with the commissioner of education regarding the discipline and/or prosecution of violations of this article by audiologists licensed pursuant to article one hundred fifty-nine of the education law.7.
On or before January thirty-first of each year, the secretary shall develop and distribute a report to the governor, the speaker of the assembly, the temporary president of the senate, the minority leader of the assembly, the minority leader of the senate, the chair of the assembly ways and means committee, and the chair of the senate finance committee, and make it available for public examination. Such report shall entail specific efforts made by the secretary, the board and hearing aid dispensers to comply with the provisions of this article, a compilation of actions taken in response to recommendations submitted to the secretary from the board, a summary of the results of compliance efforts and anticipated efforts to improve public education, compliance and enforcement during the subsequent year, as well as recommendations, if any, to amend this article.
Source:
Section 803 — Powers of the secretary, https://www.nysenate.gov/legislation/laws/GBS/803 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
