SENIOR ASSEMBLY PROPOSAL NO. 7

INTRODUCED BY SENIOR ASSEMBLY MEMBER LUCERO

LEGISLATIVE COUNSEL'S DIGEST

AP 7: RELATING TO HEARING AIDS

EXISTING LAW REQUIRES WHO MAY FIT OR SELL HEARING AIDS OR ADVERTISE THE FITTING OR SELLING OF HEARING AIDS AND REQUIRES THAT PERSONS WHO FIT OR SELL HEARING AIDS BE LICENSED BY THE STATE, UNLESS EXEMPTED, AS SPECIFIED. UNDER EXISTING LAW, A VIOLATION OF THE REGULATIONS OR THE LICENSURE REQUIREMENTS IS PUNISHABLE AS A MISDEMEANOR.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AUTHORIZE AND ENCOURAGE THE SALE OF OVER-THE-COUNTER HEARING AIDS.

VOTE: MAJORITY.

AP 7: RELATING TO HEARING AIDS

WHEREAS, ALTHOUGH ANY PERSON OF ANY AGE MAY BE AFFLICTED BY A HEARING DISORDER, SENIOR CITIZENS, MORE THAN ANY OTHER SEGMENT OF SOCIETY, ARE MORE LIKELY TO HAVE PROBLEMS WITH THEIR HEARING; AND

WHEREAS, SENIOR CITIZENS ARE LESS LIKELY TO HAVE THE MONEY AVAILABLE TO PURCHASE HEARING AIDS OR TO PAY FOR A MEDICAL PROCEDURE TO IMPROVE THEIR HEARING; AND

WHEREAS, THE ABILITY TO HEAR IS AN IMPORTANT PART OF A PERSONS ABILITY TO BE SOCIAL AND TO BE A CONTRIBUTING MEMBER OF SOCIETY; AND

WHEREAS, THE PERSON 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 A PERSON TO DETERMINE WHICH OVER-THE-COUNT HEARING AID IS BEST FOR HIM OR HER CAN BE INSTALLED IN DRUG STORES; 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 $6,000; AND

WHEREAS, THE ELECTRONIC COMPONENTS 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 ELECTRONIC COMPONENTS 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, 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 $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 $2,500 PER EAR CAN BE PRODUCED WITH REPLACEABLE BATTERIES AND OFFERED AS OVER‑THE‑COUNTER PRODUCTS FOR APPROXIMATELY $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 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE SALE OF OVER-THE-COUNTER HEARING AIDS BE AUTHORIZED AND ENCOURAGED IN THE STATE OF CALIFORNIA; 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.

RN 08 22008

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