Section 796. Training program; requirements; examination and re-examination

1.  The  secretary,  in  consultation  with the board, shall establish a
  full-time, twelve month training program for those  persons  wishing  to
  apply  for registration as a hearing aid dispenser, except those hearing
  aid dispensers  otherwise  licensed  pursuant  to  article  one  hundred
  fifty-nine  of  the  education  law.  For  the purposes of this section,
  "full-time" shall mean seven hours per day for five days  a  week.  Such
  program  shall  be  conducted  by  a registered hearing aid dispenser or
  taught by appropriate faculty with  credentials  to  verify  substantial
  educational knowledge in the topics outlined below. Any trainee entering
  such  a  program  shall  operate  under  the  direct  supervision  of  a
  registered hearing aid dispenser for the  first  three  months  of  such
  program.   In   addition,   during   such   period,  the  trainee  shall
  satisfactorily complete a course of instruction, which includes, but  is
  not limited to, the following topics:
    (a) acoustics: general principles.
    (b) acoustics: hearing and speech.
    (c) the human ear.
    (d) disorders of hearing.
    (e) puretone audiometry.
    (f) speech audiometry.
    (g) hearing analysis.
    (h) hearing aids and instruments.
    2. (a) During the first three months of such program, no trainee shall
  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 hearing aid dispenser. For purposes
  of this section, "direct supervision"  shall  mean  activity  under  the
  immediate  observation and control of a registered hearing aid dispenser
  and shall require the registered hearing aid dispenser to be  physically
  present during all dispensing activities of the trainee.
    (b)  For  the next three months, no trainee shall 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 hearing aid dispenser.  For
  such  purposes, the registered hearing aid dispenser shall be located on
  the premises and immediately available to the trainee but shall  not  be
  required to be physically present at all times.
    3. For the entire twelve month training period, the registered hearing
  aid  dispenser  shall  be  held fully responsible for all actions of the
  trainee. Any aspect of the dispensing of hearing  aids  performed  by  a
  trainee  shall  be  reviewed  and approved by the registered hearing aid
  dispenser prior to the final disposition of any  contractual  agreement.
  The  signatures  of  both  the  trainee  and  the registered hearing aid
  dispenser shall be required on all contracts  in  which  a  trainee  has
  participated.
    4.  Upon  application, payment of the required registration fee to the
  secretary, and satisfaction of all applicable registration requirements,
  the applicant shall receive a temporary certificate of registration  and
  shall  enter a training program. The twelve month program shall commence
  from the date of issuance of the temporary certificate of  registration.
  No  individual  may  begin a training program or otherwise engage in the
  dispensing of hearing aids without  a  valid  temporary  certificate  of
  registration.
    5. (a) A trainee may take the required course of instruction under the
  supervision  of  a  registered  hearing aid dispenser provided that such
  course of instruction has been approved by the secretary.

    (b) A trainee may take the required course  of  instruction  from  any
  other  provider  offering  a  course  of  instruction  approved  by  the
  secretary.
    (c)  At  the  conclusion  of  each  component,  the performance of the
  trainee shall be evaluated by the registered hearing  aid  dispenser  or
  offeror  of  such  approved  course. Upon satisfactory completion of all
  components of the course of instruction, the trainee and the  registered
  hearing  aid  dispenser or offeror shall transmit to the secretary proof
  of the satisfactory completion of each component which shall  have  been
  signed and affirmed as true under the penalties of perjury.
    6.  Upon satisfactory completion of the course of instruction required
  by this section and successful completion of at least six months of  the
  training  program,  the  trainee  may  take  the written examination and
  practical test of proficiency offered by the secretary.
    7. (a) Each applicant shall be required to pass a written  examination
  covering  the  following  areas,  including  but not limited to areas of
  required instruction in the training program, as  they  pertain  to  the
  dispensing of hearing aids:
    (i) basic physics of sound;
    (ii) the  anatomy  and physiology of the ear; and the pathology of the
  ear as it relates to hearing aid fitting;
    (iii) the function of hearing aids;
    (iv) hearing aid evaluation; and
    (v) knowledge and understanding of this article  and  the  regulations
  adopted pursuant to it.
    (b)  in  addition,  the  trainee  shall  also pass a practical test of
  proficiency in techniques that pertain to the fitting of hearing aids.
    8. (a) If a trainee fails to pass the written examination or practical
  test of proficiency, he or she may request, and be given the opportunity
  to review the score of the exam according to the rules  and  regulations
  of the secretary.
    (b)  During  the  period  of  registration  and the renewal thereof, a
  trainee may  sit  for  the  written  exam  and  the  practical  test  of
  proficiency  exam or any combination thereof up to three times. The exam
  shall include both the written and practical components. A  trainee  who
  has  passed any component of the examination within the prior six months
  need not re-take that component for final passage. A trainee  who  takes
  the  exam  three  times  but  does not pass the entire exam or remaining
  individual component of the  exam  shall  be  terminated  and  shall  be
  required  to  commence the training program including direct supervision
  and courses of study as if he or she is a new applicant. No trainee  who
  fails  such examination three times during such period shall be eligible
  for permanent registration until he or she has repeated the  traineeship
  and passed the examination as required.
    9.  The  examination  shall  be  given  at convenient times and places
  during the calendar year but in no event fewer than four times per year.
  The  secretary  shall  prescribe  the  content  and   format   of   such
  examination.