SENIOR ASSEMBLY PROPOSAL NO.14

INTRODUCED BY SENIOR ASSEMBLY MEMBER LUCERO

LEGISLATIVE COUNSEL’S DIGEST

AP 14: HEARING AIDS.

UNDER EXISTING LAW, THE HEARING AID DISPENSERS LICENSING LAW, THE HEARING AID DISPENSERS BUREAU LICENSES AND REGULATES THE PRACTICE OF FITTING AND SELLING HEARING AIDS. A VIOLATION OF THAT LAW IS A MISDEMEANOR.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AUTHORIZE THE OVER-THE-COUNTER SALE OF HEARING AIDS TO THE EXTENT CONSISTENT WITH FEDERAL LAW, ENCOURAGE MANUFACTURERS OF HEARING AIDS TO MAKE HIGH-QUALITY HEARING AIDS AVAILABLE FOR OVER-THE-COUNTER SALES TO CALIFORNIA CUSTOMERS, AND ENCOURAGE EACH MANUFACTURER OF HEARING AIDS THAT OFFERS HEARING AIDS FOR SALE IN THIS STATE TO SUBMIT TO THE HEARING AID DISPENSERS BUREAU A PLAN FOR THE PRODUCTION AND SALE OF OVER-THE-COUNTER HEARING AIDS FOR THE CALIFORNIA MARKET.

VOTE: MAJORITY.

AP 14: 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 THEIR HEARING; AND

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

WHEREAS, THE SENIOR CITIZEN WHO HAS A HEARING DISORDER IS THE PERSON WHO IS BEST QUALIFIED TO DETERMINE WHETHER HE OR SHE SHOULD PURCHASE AN OVER-THE-COUNTER HEARING AID; AND

WHEREAS, HEARING TEST UNITS THAT ALLOW SENIOR CITIZENS TO DETERMINE WHICH OVER-THE-COUNTER HEARING AID IS BEST FOR THEM CAN BE INSTALLED IN DRUGSTORES; AND

WHEREAS, HEARING AID MANUFACTURERS HAVE STATED, AND ARE WILLING TO TESTIFY, THAT OVER-THE-COUNTER HEARING AIDS ARE SAFE FOR THE CUSTOMER; AND

WHEREAS, THE COST OF A HIGH-QUALITY HEARING AID OBTAINED THROUGH AN AUDIOLOGIST TYPICALLY EXCEEDS SIX THOUSAND DOLLARS ($6,000); AND

WHEREAS, THE ELECTRONICS IN A HIGH-QUALITY HOME ENTERTAINMENT SYSTEM WITH THE ABILITY TO RECEIVE AND AMPLIFY AUDIO FREQUENCIES AND REPRODUCE DISTORTION-FREE SOUND AT ALL FREQUENCIES AND LEVELS ARE MORE SOPHISTICATED THAN THE ELECTRONICS IN A HEARING AID, AND COST SIGNIFICANTLY LESS THAN A TYPICAL HEARING AID THAT IS SOLD THROUGH AN AUDIOLOGIST; AND

WHEREAS, THE MANUFACTURING COST OF HIGH-QUALITY INTEGRATED CIRCUITS FOR CURRENT HEARING AIDS IS LESS THAN TWELVE DOLLARS AND FIFTY CENTS ($12.50); AND

WHEREAS, A FULL-PAGE NEWSPAPER ADVERTISEMENT IN THE SAN JOSE MERCURY NEWS ON MAY 1,2006, OFFERED FACTORY-DIRECT HEARING AIDS, KNOWN AS AMPLI-EAR HEARING AMPLIFIERS, AT A COST OF THIRTY-FOUR DOLLARS AND FIFTY CENTS ($34.50) PER EAR, ALTHOUGH THE QUALITY OF THIS PRODUCT HAS NOT BEEN EVALUATED BY THE STATE OF CALIFORNIA; AND

WHEREAS, HEARING AIDS OF THE SAME QUALITY AS THOSE HEARING AIDS THAT SELL FOR TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500) PER EAR CAN BE PRODUCED WITH REPLACEABLE BATTERIES AND OFFERED AS OVER-THE-COUNTER PRODUCTS FOR APPROXIMATELY ONE HUNDRED DOLLARS ($100) PER EAR; 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 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE OVER-THE-COUNTER SALE OF HEARING AIDS BE AUTHORIZED AND ENCOURAGED TO THE FULL EXTENT CONSISTENT WITH FEDERAL LAW; AND BE IT FURTHER

RESOLVED, THAT EACH MANUFACTURER OF HEARING AIDS THAT OFFERS HEARING AIDS FOR SALE IN THIS STATE BE ENCOURAGED TO MAKE HIGH-QUALITY HEARING AIDS AVAILABLE FOR OVER-THE-COUNTER SALES TO CALIFORNIA CUSTOMERS, JUST AS READING GLASSES ARE CURRENTLY OFFERED FOR SALE; AND BE IT FURTHER

RESOLVED, THAT EACH MANUFACTURER OF HEARING AIDS THAT OFFERS HEARING AIDS FOR SALE IN THIS STATE BE ENCOURAGED TO SUBMIT TO THE HEARING AID DISPENSERS BUREAU A PLAN FOR THE PRODUCTION AND SALE OF OVER-THE-COUNTER HEARING AIDS FOR THE CALIFORNIA MARKET; AND BE IT FURTHER

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

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN20061906806

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