SENIOR ASSEMBLY PROPOSAL NO. 7

INTRODUCED BY SENIOR ASSEMBLY MEMBER LUCERO

LEGISLATIVE COUNSEL'S DIGEST

AP 7: HEARING AIDS.

UNDER EXISTING LAW, THE STATE DEPARTMENT OF
HEALTH SERVICES IS CHARGED WITH SPECIFIED DUTIES AND POWERS RELATING TO PUBLIC HEALTH.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT 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.

AP 7: 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 AN AUDIOLOGIST; AND

WHEREAS, THE MANUFACTURING COST OF QUALITY INTEGRATED CIRCUITS FOR CURRENT HEARING AIDS IS LESS THAN $12; 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 COST OF AN OVER-THE-COUNTER HEARING AID SHALL BE IN THE RANGE OF $100 PER PAIR, WITH PROVISIONS FOR FUTURE ADJUSTMENT FOR INFLATION; AND BE IT FURTHER

RESOLVED, THAT EACH MANUFACTURER OF HEARING AIDS OFFERING SERVICES IN CONNECTION WITH THE SALE AND USE OF HEARING AIDS BE REQUIRED TO SUBMIT THEIR PLAN FOR OVER-THE-COUNTER HEARING AIDS TO THE STATE DEPARTMENT OF HEALTH SERVICES FOR APPROVAL PRIOR TO INTRODUCING THE PRODUCT TO THE RETAIL MARKET; AND BE IT 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.

RN0414897

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