SENATE BILL 70

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Michael Padilla

AN ACT

RELATING TO HEALTH; REQUIRING PERSONS WHO DISPENSE HEARING AIDS TO INFORM CONSUMERS ABOUT HEARING AIDS THAT WORK WITH ASSISTIVE TECHNOLOGIES THAT ARE COMPLIANT WITH 2010 ADA STANDARDS FOR ACCESSIBLE DESIGN; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act is enacted to read:

     "[NEW MATERIAL] DUTY TO INFORM CONSUMERS ABOUT HEARING AIDS COMPATIBLE WITH ASSISTIVE LISTENING SYSTEMS.--A person who is licensed or otherwise authorized under the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act to dispense a hearing aid to a consumer shall inform the consumer about hearing aids that work with assistive listening systems that are compliant with the 2010 ADA Standards for Accessible Design adopted by the United States department of justice pursuant to the federal Americans with Disabilities Act of 1990, as amended."

     SECTION 2. TEMPORARY PROVISION.--No later than January 1, 2017, the speech-language pathology, audiology and hearing aid dispensing practices board shall, in consultation with the commission for deaf and hard-of-hearing persons, adopt rules:

          A. prescribing the duty of a person who is licensed or otherwise authorized under the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act to dispense a hearing aid to inform a consumer about hearing aids that work with assistive listening systems that are compliant with the 2010 ADA Standards for Accessible Design adopted by the United States department of justice pursuant to the federal Americans with Disabilities Act of 1990, as amended; and

          B. approving uniform information and written materials regarding hearing aids that work with assistive listening systems that are compliant with the 2010 ADA Standards for Accessible Design adopted by the United States department of justice pursuant to the federal Americans with Disabilities Act of 1990, as amended, to be provided to consumers pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act.

     SECTION 3. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the commission for deaf and hard-of-hearing persons for expenditure in fiscal year 2017 to develop uniform information and written materials regarding hearing aids that work with assistive listening systems that are compliant with the 2010 ADA Standards for Accessible Design adopted by the United States department of justice pursuant to the federal Americans with Disabilities Act of 1990, as amended. Any unexpended or unencumbered balance remaining at the end of fiscal year 2017 shall revert to the general fund.

- 3 -