SENIOR ASSEMBLY FEDERAL PROPOSAL NO. 2

INTRODUCED BY SENIOR ASSEMBLY MEMBER LUCERO

LEGISLATIVE COUNSEL'S DIGEST

AFP 2:  HEARING AIDS.

UNDER EXISTING LAW, THE UNITED STATES FOOD AND DRUG ADMINISTRATION IS CHARGED WITH SPECIFIED DUTIES AND POWERS RELATING TO THE SALE AND REGULATION OF MEDICINES AND MEDICAL DEVICES.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION WHICH WOULD REQUIRE HEARING AIDS TO BE MADE AVAILABLE TO CUSTOMERS AS OVER-THE-COUNTER PRODUCTS THAT MAY BE PURCHASED AS ONE MAY PURCHASE READING GLASSES.

VOTE: MAJORITY.

AFP 2: RELATING TO HEARING AIDS

WHEREAS, SENIOR CITIZENS AND THE NEEDY HAVE THE LEAST AMOUNT OF MONEY AVAILABLE TO PURCHASE HEARING AIDS; AND WHEREAS, ALTHOUGH HEARING DISORDERS MAY AFFLICT ANY PERSON, SENIOR CITIZENS AND THE NEEDY CAN LEAST AFFORD MEDICAL PROCEDURES TO IMPROVE HEARING; AND

WHEREAS, THE ABILITY TO HEAR IS NECESSARY IN ORDER TO FUNCTION SOCIALLY AS A CONTRIBUTING MEMBER OF SOCIETY; AND

WHEREAS, THE COST OF A QUALITY HEARING AID TYPICALLY EXCEEDS $6,000 THROUGH AN AUDIOLOGIST; AND

WHEREAS, THE ELECTRONICS IN A HIGH QUALITY HOME ENTERTAINMENT SYSTEM, WITH THE ABILITY TO RECEIVE AUDIO FREQUENCIES AS INPUT, ARE AT LEAST AS SOPHISTICATED AS THOSE IN A HEARING AID; AND

WHEREAS, THE COST OF A HIGH QUALITY HOME ENTERTAINMENT SYSTEM THAT REPRODUCES SOUND, DISTORTION FREE AT ALL FREQUENCIES AND LEVELS, IS SIGNIFICANTLY LESS THAN THE COST OF A TYPICAL HEARING AID THAT IS SOLD THROUGH AUDIOLOGISTS; AND

WHEREAS, THE MANUFACTURING COST OF QUALITY INTEGRATED CIRCUITS FOR CURRENT HEARING AIDS IS LESS THAN $12; AND

WHEREAS, THE UNITED STATES FOOD AND DRUG ADMINISTRATION HAS ALLOWED HEARING AIDS TO BE SOLD VIA MAGAZINE ADS, THROUGH THE INTERNET, AND THROUGH RADIO AND TELEVISION ADS; AND

WHEREAS, QUALITY HEARING AIDS CAN BE PRODUCED, WITH REPLACEABLE BATTERIES, AS OVER-THE-COUNTER PRODUCTS FOR APPROXIMATELY $100; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2004 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT EACH MANUFACTURER OF HEARING AIDS BE AUTHORIZED AND ENCOURAGED TO MAKE QUALITY HEARING AIDS AVAILABLE FOR OVER-THE-COUNTER SALES TO CUSTOMERS, JUST AS READING GLASSES ARE CURRENTLY SOLD; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION WHICH WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

RN0415690

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