SENIOR ASSEMBLY PROPOSAL NO. 25

INTRODUCED BY SENIOR ASSEMBLY MEMBER LUCERO

LEGISLATIVE COUNSEL'S DIGEST

AP 25: OVER-THE-COUNTER HEARING AIDS.

EXISTING LAW PROVIDES FOR THE LICENSURE AND REGULATION OF HEARING AID DISPENSERS, WHO FIT OR SELL HEARING AIDS, BY THE HEARING AID DISPENSERS BUREAU. EXISTING LAW MAKES IT UNLAWFUL TO FIT OR SELL HEARING AIDS WITHOUT A LICENSE ISSUED BY THE BUREAU.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AUTHORIZE THE OVER-THE15 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 AND DISPENSERS BUREAU A PLAN FOR THE PRODUCTION AND SALE OF OVER-THE-COUNTER HEARING AIDS FOR THE CALIFORNIA MARKET.

VOTE: MAJORITY.

AP 25: RELATING TO OVER-THE=COUNTER HEARING AIDS

WHEREAS, ALTHOUGH HEARING DISORDERS MAY AFFLICT ANY PERSON, SENIOR CITIZENS AND THE NEEDY CAN LEAST AFFORD MEDICAL PROCEDURES TO IMPROVE THEIR HEARING; AND

WHEREAS, MOST SENIOR CITIZENS LIVE ON A FIXED INCOME AND CANNOT AFFORD THE EXTRA COSTS OF HEARING AIDS; AND

WHEREAS, SENIORS WHO CANNOT HEAR ARE RENDERED UNABLE TO FUNCTION SOCIALLY, AND WITHOUT COMMUNICATION THEY LIVE IN A LONELY, NONPRODUCTIVE WORLD AND CANNOT BE A CONTRIBUTING MEMBER OF SOCIETY. THEY DESERVE TO LIVE A BETTER LIFESTYLE THAN THIS; AND

WHEREAS, THE COST OF A HIGH-QUAL1TY HEARING AIDS OBTAINED THROUGH AN AUDIOLOGIST TYPICALLY EXCEEDS AN EXORBITANT AMOUNT OF $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 $12.50; AND

WHEREAS, HEARING AIDS OF THE SAME QUALITY AS THOSE HEARING AIDS THAT SELL FOR $2,500 PER EAR CAN BE PRODUCED WITH REPLACEABLE BATTERIES AND OFFERED OVER-THE-COUNTER FOR APPROXIMATELY $100 PER EAR; AND

WHEREAS, HEARING AID MANUFACTURERS HAVE STATED THAT THE MOST EXPENSIVE HEARING AID CAN BE SOLD BETWEEN $100 TO $300 AND EVERYONE WOULD MAKE A PROFIT; 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, 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, CALIFORNIA SENIOR LEGISLATURE MEMBERS HAVE VOTED THE OVER-THE-COUNTER HEARING AID PROPOSAL IN THE TOP 10 EVERY TIME IT IS PRESENTED; 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 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT OVER-THE-COUNTER HEARING AIDS BE AUTHORIZED AND ENCOURAGED TO THE FULLEST EXTENT CONSISTENT WITH FEDERAL LAW; AND BE IT FURTHER

RESOLVED, THAT EACH HEARING AID MANUFACTURER OFFERING HEARING AIDS IN CALIFORNIA BE ENCOURAGED TO PRODUCE HIGH-QUALITY HEARING AIDS AVAILABLE FOR OVER-THE-COUNTER SALES TO CALIFORNIA CUSTOMERS; AND BE IT FURTHER

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

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR 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.

RN 10 13564

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