BILL ANALYSIS Ó SENATE COMMITTEE ON BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT Senator Jerry Hill, Chair 2015 - 2016 Regular Bill No: AB 1950 Hearing Date: June 27, 2016 ----------------------------------------------------------------- |Author: |Maienschein | |----------+------------------------------------------------------| |Version: |April 25, 2016 | ----------------------------------------------------------------- ---------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Sarah Mason and Natalie Diaz Mondragon | |: | | ----------------------------------------------------------------- Subject: Hearing aids: audio switch SUMMARY: Requires the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board (SLPAHADB) to develop a consumer hearing aid disclosure that includes information on a telecoil, t-coil, or t-switch and, beginning July 1, 2017 and requires a licensed hearing aid dispenser and a licensed dispensing audiologist to provide a purchaser of a hearing aid with a copy of the disclosure at the time of purchase. Existing law: 1) Establishes the SLPAHADB within the Department of Consumer Affairs and provides the SLPAHADB with licensing, regulatory and disciplinary functions for the professions of speech-language pathology, audiology, and hearing aid dispensing. (Business and Professions Code (BPC) § 2530 et seq.) 2) Defines the obligations of retail sellers of assistive devices and provides warranty/right of return provisions for consumers of assistive devices including exact language to be included in the notice to consumers. (Civil Code (CC) § 1793.02) 3) Provides definitions of assistive devices, hearing aids and hearing aid dispensers: AB 1950 (Maienschein) Page 2 of ? a) Assistive Device is defined as: "Any instrument, apparatus, or contrivance, including any component or part thereof or accessory thereto, that it used or intended to be used, to assist an individual with a disability in the mitigation or treatment of an injury or disease or to assist or affect or replace the structure or any function of the body or an individual with a disability, except that this term does not include lenses and ophthalmic goods unless they are sold or dispensed to a blind person and unless they are intended to assist the limited vision of the person so disabled." (CC 1791 § (o)) b) A hearing aid is defined as any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing. (BPC § 2538.10 (d)) c) A hearing aid dispenser is a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing. (BPC § 2538.14) d) A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of any hearing aid fit and sold by any licensee or licensees at that location. (BPC § 2538.39) 4)Provides that the practice of fitting or selling hearing aids includes those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling. (BPC § 2538.11(a)) 5)Provides that it is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless he or she first does all of the following: (BPC § 2538.49) a) Complies with all provisions of state laws and regulations relating to the fitting or selling of hearing aids. b) Conducts a direct observation of the purchaser's ear AB 1950 (Maienschein) Page 3 of ? canals. c) Informs the purchaser of the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold. 6)Requires that a hearing aid dispenser shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the dispenser, containing all of the following: (BPC § 2538.35) a) The date of consummation of the sale. b) Specifications as to the make, serial number, and model number of the hearing aid or aids sold. c) The address of the principal place of business of the dispenser, and the address and office hours at which the dispenser shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold. d) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact. e) The number of the dispenser's license and the name and license number of any other hearing aid dispenser or temporary licensee who provided any recommendation or consultation regarding the purchase of the hearing aid. f) The terms of any guarantee or written warranty, required by CC § 1793.02, made to the purchaser with respect to the hearing aid or hearing aids. 7) States that it is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless he or she first does all of the following: (BPC § 2538.49) a) Complies with all provisions of state laws and regulations relating to the fitting or selling of a hearing aid; b) Conducts a direct observation of the purchaser's ear AB 1950 (Maienschein) Page 4 of ? canals; and, c) Informs the purchaser of the address and office hours at which the licensee is available for fitting or post-fitting adjustments and servicing of the hearing aid or aids sold. 7)Requires a licensed audiologist to obtain a dispensing audiologist license in order to sell hearing aids, as specified. (BPC § 2539.1) 8)Permits a hearing aid to be sold by catalog or direct mail provided that: (BPC § 2539.2) a) The seller is a licensed audiologist and authorized to sell hearing aids; b) There is no fitting, selection, or adaptation of the instrument and no advice is given with respect to fitting, selection, or adaptation of the instrument, and no advice is given with respect to the taking of an ear impression for an earmold by the seller; and, c) The seller has received a statement which is signed by a physician and surgeon, audiologist, or a licensed hearing aid dispenser to verify proper referral protocols. 9)Requires a licensed audiologist, upon to consummation of a sale of a hearing aid, to deliver to the purchaser a written receipt signed by or on behalf of the licensed audiologist, containing specified information including, but not limited to, the date of the sale, specifications as to the make, serial number, and model number of the hearing aid or aids sold, and a statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact. (BPC § 2539.4) AB 1950 (Maienschein) Page 5 of ? This bill: 1) Requires the SLPAHADB, before July 1, 2017, to develop a consumer hearing aid disclosure that provides information for the benefit of hearing aid purchasers, including, but not limited to, information on a telecoil, t-coil, or t-switch and requires SLPAHADB to make the disclosure available on the SLPAHADB website. Authorizes SLPAHADB to solicit and receive public comments during the development of the disclosure and requires that the SLPAHADB update the disclosure as often as it deems necessary. 2) Requires, on and after July 1, 2017, a licensed hearing aid dispenser and a licensed dispensing audiologist, upon the sale of a hearing aid, to provide the purchaser with a copy of the consumer hearing aid disclosure made available by the board pursuant to Item #1), above. FISCAL EFFECT: This bill is keyed "fiscal" by Legislative Counsel. According to the Assembly Committee on Appropriations analysis dated May 18, 2016, this bill will result in estimated costs to the SLPAHADB of approximately $100,000 in fiscal year 2016-17 and $70,000 in fiscal year 2017-18. The analysis notes that ongoing costs related to ensuring the disclosure is updated should be minor. COMMENTS: 1. Purpose. The Sponsors of this bill are Roger that Consulting and The Hearing Well Club . According to the Author, "telecoils remain a little-known aspect of the hearing aid, but are of great value to the hearing impaired. They can be found in most hearing aids and cochlear implants and can help improve a person's ability to hear in noisy environments. With the price of hearing aids reaching thousands of dollars, it is critical that we educate consumers on how best to use their hearing aids in the most efficient way." 2. Background. According to the U.S. Department of Health and Human Services' National Institute on Deafness and Other Communication Disorders, a hearing aid is an electronic AB 1950 (Maienschein) Page 6 of ? device that makes some sounds louder. There are three different styles of hearing aids: behind-the-ear, in-the-ear, and canal aid. These hearing aids are composed of three basic parts: a microphone, amplifier, and speaker. The hearing aid receives sound through a microphone, which converts the sound waves to electrical signals and sends them to an amplifier, which then increases the power of the signals and sends them to the ear through a speaker. Certain hearing aids also include a telecoil, which is a small copper wire located inside the hearing aid that expands functionality. The telecoil functions as a way to increase the clarity of sounds and connects the listener directly to the sounds source while eliminating most background noise. Telecoils pair with Hearing Assistive Technology (HAT), which is becoming increasingly available in public spaces. HAT typically comes in two forms: the hearing loop and an infrared system. The hearing loop is a wire that circles a room and transmits sound electro-magnetically, and then the electromagnetic signal is picked up by the telecoil in the hearing aid. To use a hearing loop, the user flips a t-switch on the hearing aid. The infrared system uses invisible light beams to carry sound from the source to a personal receiver- this receiver can be a neckloop or a behind the ear silhouette inductor - in which the telecoil then picks up sounds from the receiver via the attachment. According to the Hearing Loss Association of America, pairing telecoils with HAT creates a way to bridge the physical space between the listener and the sound source. 3. Arguments in Support. Supporters state that while hearing aids are a necessity for users, sometimes they are not enough, as problems such as background noise may occur. Supporters note that the use of a telecoil remedies loss of clarity due to background noise. According to supporters, telecoils can improve clarity on the telephone. Supporters believe that "when spending up to $4,000 per hearing aid, consumers should be informed about the universal and versatile features of telecoils." According to supporters of this bill, Californians with hearing loss will be able to make an informed decision about what features they want and need in their hearing aids, including telecoil. AB 1950 (Maienschein) Page 7 of ? 4. Arguments in Opposition. The California Academy of Audiology (CAA) is opposed to this bill, noting that the type of device that is the focus of this bill has many enthusiastic users but may not be the best type of device for all patients. According to CAA, today's hearing aids can use audio switches for activating t-coils but there are also more modern items like streamers. CAA states t-coils create an additional cost and would thus increase the cost of hearing aids and notes that the bill does not acknowledge that physicians also dispense hearing aids. CAA proposes amending the bill to strike the current provisions and instead require the SLPAHADB could produce a consumer fact sheet on its website outlining current hearing aid options, including the types of devices available to consumers like those with t-coils or audio switches. Hearing Healthcare Providers (HHP) writes "we have seen technology move away from traditional copper wire telecoils. The telecoil posited in this bill has been in use since the 1970's and requires high amounts of energy to operate." HHP believes that the creation of an additional document for HHP members, small business with small budgets, payrolls and office staff, requires them to print at their own cost is another cost to bear. HHP states that it would be willing to include a link to a document like that proposed in this bill on the written purchase order every patient receives or proposes the same fact sheet production and posting by SLPAHADB as CAA above. SLPAHADB notes that the Federal Trade Commission requires that a patient-education insert be included with all new hearing aids at the time of sale. According to SLPAHADB, this insert fully describes the function of the hearing aid telecoil. SLPAHADB writes that this bill would create a duplication of information that is already mandated by the federal government and adds that emphasizing telecoil over other technologies to all hearing aid purchasers is not appropriate, as telecoils are just one of many hearing aid features available to consumers. 5. Should the Legislature Mandate Information About One Specific Technology? This bill intends to increase awareness about one technological component of hearing aids. Typically, consumer outreach and public information provided by a AB 1950 (Maienschein) Page 8 of ? licensing board to licensees and the public is broad and comprehensive, offering information that can assist practitioners in their work while at the same time informing patients of issues impacting a particular practice. In the case of SLPAHADB, the hope would be that the board is providing information to its licensees, as well as hearing impaired patients, to ensure that licensees are performing services that utilize the most appropriate and available means of serving their patients. It is unclear how adding a consumer information sheet specific to one technology, telecoils, will assist in the delivery of services to hearing impaired patients. Additionally, the delivery of material that could be for a different type of technology than that received by the patient may lead consumers to question the judgment of a licensee and could have the unintended consequence of driving decisions about the most appropriate type of hearing aid away from the licensed audiologist. SUPPORT AND OPPOSITION: Support: Hearing Loss Association of America Hearing Loss Association of America California State Association Hearing Loss Association of America Chapters throughout the state, including the Central Coast Chapter, Diablo Valley Chapter, Long Beach/Lakewood Chapter, Mission Viejo Chapter, San Diego Chapter and Santa Barbara Chapter Hearing Well Club Roger That Consulting Numerous individuals Opposition: California Academy of Audiology Hearing Healthcare Providers California Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board -- END -- AB 1950 (Maienschein) Page 9 of ?