Section 789. Definitions

As used in this article:
    1. "Account" shall mean the hearing aid dispensing account.
    2. "Audiologist" means an individual who is licensed under article one
  hundred fifty-nine of the education law to evaluate hearing, and hearing
  and  communication disorders and to engage in those practices defined in
  section eighty-two hundred three of the education law.
    3. "Board" shall mean the hearing aid dispensing advisory board.
    4. "Business" means any individual, partnership,  trust,  association,
  organization or corporation.
    5. "Department" means the department of state.
    6.  "Dispensing  of hearing aids" means the act of fitting, selecting,
  selling, renting, adapting or servicing of hearing  aids  or  any  other
  instrument  to  compensate for impaired hearing; provided that such term
  shall include testing of hearing, solely for  the  purpose  of  fitting,
  selecting, selling, distribution, renting, adapting or servicing hearing
  aids or any instrument to compensate for impaired hearing, the making of
  impressions,   castings   and  shells  and  appropriate  counseling  and
  instructions pertaining to the selection, adaptation and sale or  rental
  of  hearing  aids  and further provided that such term shall include any
  tasks, procedures, acts, or practices that are  necessary  (a)  for  the
  non-diagnostic  testing  of  hearing solely for the purpose of fitting a
  hearing aid; (b) for training in  the  use  of  amplification  including
  hearing  aids; (c) for the making of ear molds for hearing aids; (d) for
  the fitting, dispensing, and sale of hearing aids; or (e) for  otoscopic
  observation  of  solely  the  ear  canal  for  the  purposes of fitting,
  dispensing or sale of hearing  aids;  provided,  however,  that  nothing
  contained  in this subdivision shall be deemed to permit the performance
  of or reference to an otoscopic evaluation for  medical  diagnosis;  and
  (f)   for   those   other   procedures  necessary  to  determine  proper
  amplification needs and the  specific  hearing  aid  which  will  be  of
  maximum  benefit  to  aid or to compensate for the impaired ear. Testing
  for the purpose of fitting a hearing aid shall include only  such  tests
  meeting  standards  acceptable  to the secretary as needed to verify the
  optimum fitting characteristics and circuitry of  any  hearing  aids  or
  amplification  devices needed and shall not be for the purposes of, make
  any reference to,  or  include  any  medical  diagnosis  whatsoever.  No
  hearing  aid  dispenser shall verbally or in writing make a statement or
  reference to a  prospective  hearing  aid  user  regarding  any  medical
  condition  or  diagnosis except such communications required pursuant to
  paragraph (c) of subdivision eight of section seven hundred ninety-eight
  of this article. Nothing in this subdivision shall restrict or limit any
  person licensed under article one hundred fifty-nine  of  the  education
  law  from  performing  any  activity  authorized  thereunder;  provided,
  however, that every such person shall be registered  as  a  hearing  aid
  dispenser  pursuant  to  the  requirements  of  this article in order to
  dispense hearing aids.
    7. "Hearing aid" means any wearable instrument or device designed  for
  or  offered for the purpose of aiding or compensating for impaired human
  hearing  and  any  parts,  attachments  or  accessories  but   excluding
  batteries and cords or accessories thereto.
    8. "Hearing aid dispenser" means any person twenty-one years of age or
  older or an audiologist licensed under article one hundred fifty-nine of
  the  education  law who is engaged in the dispensing of hearing aids who
  is registered and  dispensing  hearing  aids  in  accordance  with  this
  article.
    9.  "Otolaryngologist"  means  a  physician licensed under article one
  hundred thirty-one of the education law, who practices  that  branch  of
  medicine which treats diseases of the ear, nose and throat.

    10. "Secretary" means the secretary of state.
    11.  "Sell"  or  "sale" means any transfer of title or of the right of
  use by sale, conditional  sales  contract,  lease  bailments,  including
  rentals  of  hearing  aids  hire-purchase, or any other means; excluding
  wholesale transactions of dealers and distributors.
    12. "Trainee" means a person twenty-one years of  age  or  older,  who
  upon  receiving  a  temporary  certificate  of registration, is studying
  hearing aid dispensing full-time for the purpose of  qualifying  to  sit
  for the registration examination.