PRINTER'S NO. 1290
No. 1122 Session of 1975
INTRODUCED BY DeMEDIO, FISHER, MANDERINO, ENGLEHART, BERSON,
A. P. KELLY, BENNETT, BRUNNER, LAUDADIO AND LEVI,
APRIL 28, 1975
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, APRIL 29, 1975
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," creating a State Board of
21 Hearing Aid Dispensers as a departmental administrative board
22 in the Department of State.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. As much as applies to the Department of State of
26 section 202, act of April 9, 1929 (P.L.177, No.175), known as
27 "The Administrative Code of 1929," amended October 21, 1972
1 (P.L.985, No.244), repealed in part March 1, 1974 (No.31), is
2 amended to read:
3 Section 202. Departmental Administrative Boards,
4 Commissions, and Offices.--The following boards, commissions,
5 and offices are hereby placed and made departmental
6 administrative boards, commissions, or offices, as the case may
7 be, in the respective administrative departments mentioned in
8 the preceding section, as follows:
9 In the Department of State,
10 Commissioner of Professional and
11 Occupational Affairs,
12 State Real Estate Commission,
13 State Board of Medical Education and
14 Licensure,
15 State Board of Pharmacy,
16 State Dental Council and Examining
17 Board,
18 State Board of Optometrical Examiners,
19 State Board of Osteopathic Examiners,
20 State Board of Nurse Examiners,
21 State Board of Barber Examiners,
22 State Board of Cosmetology,
23 State Board of Veterinary Medical
24 Examiners,
25 State Board of Chiropractic Examiners,
26 State Board of Podiatry Examiners,
27 State Board of Examiners of
28 Public Accountants,
29 State Board of Examiners of Architects,
30 State Registration Board for
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1 Professional Engineers,
2 State Board of Funeral Directors,
3 State Board of Examiners of Nursing
4 Home Administrators.
5 State Board of Auctioneer Examiners,
6 State Board of Examiners of Hearing Aid Dispensers.
7 * * *
8 All of the foregoing departmental administrative boards and
9 commissions shall be organized or reorganized as provided in
10 this act.
11 Section 2. The act is amended by adding a section to read:
12 Section 477. State Board of Examiners of Hearing Aid
13 Dispensers.--(a) The State Board of Examiners of Hearing Aid
14 Dispensers shall consist of seven members to be appointed by the
15 Governor with the advice and consent of the Senate, three of
16 whom shall be, and shall have been for at least five years
17 immediately preceeding their appointment, engaged exclusively in
18 this Commonwealth in the practice of fitting and selling hearing
19 aids to persons with impaired hearing. All hearing aid
20 dispensing members other than those first appointed, who are
21 appointed to the board after the date on which the board first
22 issued a license under the provisions of the act of
23 known as the "Pennsylvania Hearing
24 Aid Sales Registration Law," shall be persons licensed under
25 that act. The remaining four members shall be public members,
26 one of whom shall be a licensed physician and surgeon
27 specializing in the treatment of diseases of the ear and
28 certified by the American Board of Otolaryngology, and another
29 public member shall be an audiologist who holds a certificate of
30 clinical competency issued by the American Speech and Hearing
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1 Association. Each public member shall be a citizen of the United
2 States, a resident of the Commonwealth of Pennsylvania, and of
3 good moral character.
4 (b) Each member of the board, except the members first
5 appointed, shall hold office for a term of four years. Each
6 member shall hold office until the appointment and qualification
7 of his successor, or until one year shall have elapsed since the
8 expiration of the term for which he was appointed, whichever
9 first occurs. The terms of the members of the board who are
10 first appointed by the Governor shall commence January 15, 1976,
11 and shall expire as follows: one member on January 1, 1977, two
12 members on January 1, 1978, two members on January 1, 1979, and
13 two members on January 1, 1980.
14 (c) Vacancies occurring shall be filled by appointment for
15 the unexpired term. Each member of the board shall be eligible
16 for reappointment in the discretion of the Governor, provided
17 that reappointed hearing aid dispenser members shall, at the
18 time of the reappointment, hold a valid license under this act.
19 No member who has served two full terms may be reappointed until
20 at least one year after the expiration of his most recent term
21 of office.
22 (d) The board shall elect from its membership a chairman and
23 a vice chairman who shall hold office for one year or until the
24 election and qualification of a successor. The first election
25 shall be held within 30 days after the board is appointed, and
26 all subsequent elections shall be conducted annually between
27 June 1 and June 30 of each year.
28 (e) The Commissioner of Professional and Occupational
29 Affairs or his deputy shall be entitled to attend all meetings
30 of the board, except that neither he nor his deputy shall have
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1 the power to vote nor shall be counted for quorum purposes.
2 (f) Each member of the board shall receive a per diem
3 compensation of thirty dollars ($30) in addition to expenses
4 incurred when actually engaged in official meetings or otherwise
5 in performance of their official duties. All meetings of the
6 board shall be held in areas accessible to the public and then
7 only upon 30 days' notice. The board shall keep an accurate
8 record of all of its proceedings and of all of its meetings.
9 (g) The board shall meet at least once each year in June at
10 an annual meeting or at such other times as deemed necessary by
11 the board. A special meeting may be called by the chairman, or
12 by any three members of the board. Board members shall be given
13 at least 30 days' notice of a special meeting.
14 (h) The business of the board may be conducted when a quorum
15 is present. A quorum of the board consists of four members or
16 more. Decisions of the board shall be by a majority vote of the
17 members present.
18 (i) The board may promulgate rules and regulations
19 reasonably necessary for the proper performance of its duties
20 and the purposes of this act and for the conduct of the
21 proceedings before it.
22 Section 3. This act shall take effect immediately.
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