Section 790. Certificate of registration required; qualifications and application

1. Any person desiring to be engaged in the  dispensing  of
  hearing  aids  in  this state shall be registered biennially pursuant to
  this article. Such person shall file with the secretary  an  application
  to be registered as a hearing aid dispenser. The secretary shall examine
  each  application  and  issue a certificate of registration if either of
  the following criteria are satisfied:
    (a) (i) the applicant is twenty-one years of age or older;
    (ii) is of good moral character;
    (iii) has received a high school diploma or its equivalent;
    (iv) has two years college accredited coursework or its equivalent;
    (v) has fully completed the required training program;
    (vi) has achieved a passing score on the required examination;
    (vii) has not had a registration, license or  other  authorization  to
  dispense hearing aids suspended or revoked;
    (viii)  has  paid  the appropriate fees according to the provisions of
  section seven hundred ninety-seven of this article; and
    (ix) on or after January first,  two  thousand  three,  the  applicant
  shall demonstrate the successful completion of post-secondary coursework
  approved by the secretary in conjunction with the advisory board; or
    (b)  (i)  the applicant has submitted proof of licensure under article
  one hundred fifty-nine of the education law as a licensed audiologist;
    (ii) has paid the appropriate fees  according  to  the  provisions  of
  section seven hundred ninety-seven of this article;
    (iii)   has  achieved  a  passing  score  on  the  practical  test  of
  proficiency required  pursuant  to  subdivision  six  of  section  seven
  hundred  ninety-six of this article or who submits evidence satisfactory
  to the secretary of experience in dispensing hearing aids; and
    (iv) has not had a registration, license  or  other  authorization  to
  dispense  hearing  aids suspended or revoked according to the provisions
  of section seven hundred ninety-nine of this article.
    2. An application for a certificate of registration as a  hearing  aid
  dispenser  shall  be filed with the secretary in such form and detail as
  the secretary shall prescribe, duly signed and verified, setting forth:
    (a) the name and address of the applicant;
    (b) the name and business address or addresses at which the individual
  will be employed;
    (c) the information contained in subdivision one of this section; and
    (d) any further information deemed necessary and prescribed by rule or
  regulation by the secretary.
    3. (a) Any person who has been continuously registered  as  a  hearing
  aid dealer pursuant to the former article thirty-seven-A of this chapter
  for the three years immediately preceding January first, two thousand or
  who  submits evidence satisfactory to the secretary of experience in the
  business of dispensing hearing aids in this state for  the  three  years
  immediately  preceding  January  first,  two  thousand,  upon payment of
  applicable fees, shall be registered as  a  hearing  aid  dispenser  and
  shall  be exempt from requirements set forth in subparagraphs (iv), (v),
  (vi) and (ix) of paragraph (a) of subdivision one of this section.
    (b) Any person who has been continuously registered as a  hearing  aid
  dealer pursuant to the former article thirty-seven-A of this chapter for
  less  than  three  years  but  more  than one year immediately preceding
  January first, two thousand, or who submits evidence satisfactory to the
  secretary of less than three years but more than one  year's  continuous
  experience  in  the  business  of  dispensing hearing aids in this state
  immediately  preceding  January  first,  two  thousand,  may   pay   the
  applicable fees and register as a hearing aid dispenser. Such registrant
  shall  be  exempt from the requirements set forth in subparagraphs (iv),

  (v) and (ix) of paragraph (a) of subdivision one of this  section.  Such
  registrant  shall  achieve  a passing score on the required registration
  examination by December thirty-first,  two  thousand;  provided  further
  that, upon failing to achieve a passing score such person shall continue
  under  the  supervision of a registered hearing aid dispenser until such
  time as a passing score is achieved, provided that such passing score is
  achieved on an examination administered  within  twelve  months  of  the
  first examination.
    (c)  Any  individual who has been continuously registered as a hearing
  aid dealer pursuant to the former article thirty-seven-A of this chapter
  for less than twelve months immediately  preceding  January  first,  two
  thousand  or  any  individual with less than twelve months experience in
  the business of  dispensing  hearing  aids  in  this  state  immediately
  preceding  January  first, two thousand shall be required to comply with
  all the requirements set forth in subdivision one of this section.
    (d) Any person licensed pursuant to article one hundred fifty-nine  of
  the education law, who submits evidence satisfactory to the secretary of
  experience  of  dispensing  hearing  aids  in  this state for the period
  immediately preceding January  first,  two  thousand,  upon  payment  of
  applicable fees shall be registered as a hearing aid dispenser and shall
  be exempt from requirements set forth in subparagraph (iii) of paragraph
  (b) of subdivision one of this section.
    4.  Upon  application  to  the  secretary,  a temporary certificate of
  registration authorized under section seven hundred ninety-five of  this
  article   shall   be  issued  to:  (i)  individuals  who  prove  to  the
  satisfaction of the secretary that he or  she  will  be  supervised  and
  trained by one or more registered hearing aid dispensers for a period of
  twelve months or (ii) individuals who are candidates for licensure under
  article  one hundred fifty-nine of the education law, have satisfied the
  educational requirement in subdivision two of section eighty-two hundred
  six of the education law, and are actively  engaged  in  completing  the
  experience  requirement  in  subdivision  three  of  section  eighty-two
  hundred  six  of  the  education  law.  A   temporary   certificate   of
  registration may be renewed only once.
    (a) A person holding a temporary certificate of registration shall not
  be  the  sole proprietor of, manage, or independently operate a business
  which engages in the business of dispensing  hearing  aids  unless  such
  business employs a registered hearing aid dispenser.
    (b) A person holding a temporary certificate of registration shall not
  advertise  or  otherwise represent that he or she holds a certificate of
  registration as a hearing aid dispenser.
    (c) A person holding a temporary certificate of registration who is  a
  candidate  for  licensure  under  article  one hundred fifty-nine of the
  education law shall be exempt  from  the  requirement  to  complete  the
  course  of instruction prescribed by section seven hundred ninety-six of
  this article.
    5. (a) Any individual, corporation, partnership, trust, association or
  other organization maintaining an established New  York  state  business
  address desiring to engage in the business of dispensing hearing aids at
  retail,  shall  register  with  the  department and submit the following
  information:
    (i) name and address or addresses of each permanent business location;
    (ii) names and addresses of the principal  owner  or  manager  of  the
  business  and if such owner is a corporation the names and titles of the
  corporate officers; if a partnership, the name and title of the  general
  partners,  if  a  limited  liability  company the name of the members or
  managers, if a limited liability partnership, the names of the partners,

  if a trust, the name of the trustee, if an  association,  the  principal
  officers; and
    (iii) the appropriate fees.
    (b)  No  such individual, corporation, partnership, trust, association
  or other organization maintaining an established New York state business
  address shall engage in the business of dispensing hearing  aids  unless
  such organization:
    (i) has obtained a valid business certificate of registration from the
  secretary;
    (ii) employs  at  least  one  registered hearing aid dispenser at each
  business location who regularly dispenses hearing aids at that location;
    (iii) files annually with the secretary a list of  registered  hearing
  aid dispensers currently employed; and
    (iv) files a statement with the secretary that such organization is in
  compliance  with  the  provisions  of  this  article and rules and regu-
  lations promulgated pursuant thereto and the regulations of the  federal
  food and drug administration and the federal trade commission.
    6.  The  secretary  may  grant  a  certificate  of  registration  upon
  submission of an application and appropriate fees where such application
  contains satisfactory proof that the applicant holds a valid hearing aid
  dispenser's license or registration in another state, where  the  secre-
  tary  has determined such state has requirements equivalent to or higher
  than those in effect pursuant to this article.
     7. Notwithstanding the provisions of any law to the contrary,  on  or
  after  the  first  day  of  January first, two thousand, no person shall
  engage in the dispensing of hearing  aids  in  this  state  unless  such
  person  is  registered as a hearing aid dispenser in accordance with the
  provisions of this article.
    8. Notwithstanding the requirements of  this  section,  the  secretary
  shall  take  steps  necessary  to  provide for the immediate and orderly
  registration of applicants qualified pursuant to this  article.  Persons
  seeking  to  qualify for registration pursuant to paragraphs (b) and (c)
  of subdivision three of this section shall be immediately entitled to  a
  temporary certificate of registration. Within one hundred twenty days of
  the  effective  date of this subdivision, the secretary shall approve an
  examination for completed registration pursuant to section seven hundred
  ninety-six of this article.
    9. Anyone registered as a hearing aid dealer on the effective date  of
  this  article or who possesses the requisite experience for registration
  pursuant to paragraphs (a) and (b) of subdivision three of this  section
  shall register on or before January first, two thousand and may continue
  to  dispense  hearing  aids  as  if  registered  if  an  application for
  registration is submitted to the department within thirty  days  of  the
  effective date of this article.