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
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          |Author:   |Maienschein                                           |
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          |Version:  |April 25, 2016                                        |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Mason and Natalie Diaz Mondragon                |
          |:         |                                                      |
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                        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:








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              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  








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               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  








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               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)
          








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          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  








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             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.









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          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  








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             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 --
          








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