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S 2874

Expands services that can be provided by audiologists and hearing aid dispensers.*

2024-2025 Regular Session Introduced by Patrick Diegnan and 3 co-sponsors

NJ expands audiologists' and hearing aid dispensers' scope to select, prescribe, and order prescription hearing aids, aligning with FDA rules; effective 60 days after enactment.

Substituted by A4091 (1R)
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Bill Summary · S 2874

Summary — S.2874

Title: Expands services that can be provided by audiologists and hearing aid dispensers

Status (as provided): Reported out of Senate Commerce Committee with amendments (10/10/2024); substituted by A4091 (1R). Effective date: 60 days after enactment (per bill text).

Main purpose / intent

S.2874 updates New Jersey law to expand the authorized scope of practice for licensed audiologists and hearing aid dispensers so they may select, prescribe, and order hearing aids in addition to dispensing and fitting them. The change is intended to align state practice laws with recent U.S. Food and Drug Administration (FDA) rulemaking that established a new category of “prescription” hearing aids (distinct from over‑the‑counter devices).

Key provisions

  • Amends definitions and scope in state statutes governing audiology and hearing aid dispensing:
    • P.L.1983, c.420 (C.45:3B‑2): expands the statutory definition of “dispensing and fitting hearing aids” to explicitly include selection, prescribing, ordering, adaptation, and sale.
    • P.L.2019, c.41 (C.45:3B‑25): clarifies that a licensed audiologist may select, prescribe, order, dispense and fit hearing aids — provided the audiologist has successfully completed a program of coursework and clinical training in those activities that meets committee requirements. The program must be from an institution accredited by the Council on Academic Accreditation in Audiology and Speech‑Language Pathology (or another committee‑approved accrediting organization).
    • P.L.1973, c.19 (C.45:9A‑2): expands the statutory definition of the “practice of dispensing and fitting hearing aids” to state that it “shall also mean prescribing and ordering hearing aids,” and amends related definitions used by the Hearing Aid Dispensers Examining Committee.
  • Committee amendments (reported 10/10/2024) added “ordering and prescribing” to the services that may be provided by a hearing aid dispenser.

Who is affected

  • Licensed audiologists in New Jersey: may prescribe and order hearing aids if they complete the specified accredited coursework/clinical training and meet requirements set by the Audiology and Speech‑Language Pathology Advisory Committee.
  • Hearing aid dispensers: explicitly authorized to prescribe and order hearing aids under the expanded statutory definition (the bill does not itself elaborate additional training requirements for dispensers beyond existing licensure/testing frameworks).
  • Patients/consumers: may gain expanded points of access to prescription hearing aids through audiologists and dispensers.
  • Regulatory bodies: the Audiology and Speech‑Language Pathology Advisory Committee and the Hearing Aid Dispensers Examining Committee will have roles in setting program/credential standards and implementing any administrative changes.

Background / rationale

The bill responds to FDA regulatory changes that created distinct classifications for over‑the‑counter and prescription hearing aids. By incorporating “prescribing” into state practice law, the bill aims to authorize qualified providers to manage prescription hearing aids consistent with federal categories.

Implementation / timeline

  • The bill states it would take effect 60 days after enactment.
  • Reported with committee amendments on 10/10/2024 and later substituted by companion A4091 (1R).

Potential impacts / considerations

  • Likely to improve alignment between state practice rules and federal FDA classifications for hearing devices, potentially improving patient access to prescription devices.
  • May require updates to education/credentialing standards, committee rules, and oversight procedures to ensure providers have the required coursework and clinical training.
  • Could affect payer policies (insurers) and consumer protection/enforcement provisions; those downstream effects would depend on implementation rules and administrative guidance.

Compiled from official sources — confirm details with the bill’s official record.

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