New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter V - Division Of Corporations And State Records
Subchapter H - Hearing Aid Dispensers
Part 192 - Hearing Aid Dispensers
Section 192.16 - Advertisements
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A registrant shall comply with General Business Law, section 798(15).
(b) A registrant shall maintain an advertising file at its principal office.
(c) The advertising file shall contain the materials supporting a claim that a hearing aid, device, part or accessory is a new invention or involves a new mechanical or scientific principle. The filing of any such materials shall not relieve the registrant of any liability under the provisions of any law and this Part, if it is determined such advertising claim is not true. In order to comply with these filing requirements, the registrant may place in the advertising file a written statement signed by the manufacturer of the instrument, part or accessory, setting forth the nature of the claim, the basic principle underlying the claim, and that further detailed material supporting such claim is on file at the manufacturer's listed office and available to the department upon request.
(d) A registrant shall place in its advertising file the original of a testimonial used in advertising hearing aids or accessories. The testimonial must be in writing duly signed and acknowledged by the person and indicate the residence address of the person making same.
(e) A registrant may not advertise the availability of the services of an otolaryngologist or authorized physician or the approval or recommendation of the registrant's services by any otolaryngologist, audiologist or authorized physician. A registrant may not advertise the availability of the services of an audiologist unless such advertisement shall indicate: that the audiologist provides services at the business location of, and as part of the overall service provided by, the registrant; and whether there shall be an extra charge therefor.
(f) A registrant may not publish, promulgate or disseminate, in any communications form, any false or misleading advertising relating to the scope of hearing aid dispensing practices, the credentials of an individual dispenser, or the function, use or reliability of a particular hearing instrument.
