S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3597

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of A. LUPARDO, GOTTFRIED, TITUS, PAULIN, WEISENBERG,
  ROSENTHAL, DINOWITZ, PERRY, BENEDETTO, JAFFEE,  COLTON,  BROOK-KRASNY,
  MORELLE,  PEOPLES-STOKES,  LAVINE, WEPRIN, CASTRO, STEVENSON, BRONSON,
  ZEBROWSKI, ROBERTS, ORTIZ,  THIELE,  MOYA,  BRINDISI,  SCARBOROUGH  --
  Multi-Sponsored  by -- M. of A. ABINANTI, AUBRY, BARCLAY, BLANKENBUSH,
  BRAUNSTEIN, BRENNAN, BUTLER, CAHILL, CERETTO,  COOK,  CRESPO,  CROUCH,
  CURRAN,   CUSICK,  CYMBROWITZ,  FARRELL,  FINCH,  FITZPATRICK,  GALEF,
  GIBSON, GOODELL, GRAF, HEVESI, HOOPER, JOHNS, KELLNER, LENTOL, LIFTON,
  V. LOPEZ, LOSQUADRO, MAGEE, MAISEL,  MALLIOTAKIS,  MARKEY,  McDONOUGH,
  McKEVITT,  McLAUGHLIN,  MILLER, MILLMAN, MONTESANO, RA, RABBITT, RAIA,
  RUSSELL, SALADINO, SCHIMEL, SWEENEY, TENNEY, TITONE -- read  once  and
  referred to the Committee on Higher Education

AN  ACT  to  amend  the  education  law, in relation to the licensing of
  orientation and mobility specialists and rehabilitation therapists

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 167 to
read as follows:
                               ARTICLE 167
                     VISION REHABILITATION SERVICES
SECTION 8800. INTRODUCTION.
        8801. DEFINITIONS.
        8802. USE  OF  THE  TITLES  "LICENSED  ORIENTATION  AND MOBILITY
                SPECIALISTS" AND "VISION REHABILITATION THERAPISTS".
        8803. STATE BOARD FOR VISION REHABILITATION SERVICES.
        8804. REQUIREMENTS FOR A LICENSE.
        8805. LIMITED PERMITS.
        8806. EXEMPT PERSONS.
        8807. SPECIAL PROVISIONS.
        8808. SEPARABILITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06474-01-3

              

A. 3597                             2

  S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
REHABILITATION SERVICES, AND PROVIDES  FOR  THE  LICENSING  OF  LICENSED
ORIENTATION  AND  MOBILITY  SPECIALISTS AND VISION REHABILITATION THERA-
PISTS. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED  IN  ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
  S 8801. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  THE  PRACTICE  OF  "ORIENTATION AND MOBILITY TRAINING" SHALL MEAN:
(A) THE ASSESSMENT OF INDIVIDUAL  NEEDS  OF  PERSONS  WHO  ARE  VISUALLY
IMPAIRED  FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN STRATE-
GIES TO GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION;  (B)  THE
DEVELOPMENT  OF  APPROPRIATE  INTEGRATED  SERVICE PLANS TAILORED TO MEET
SUCH INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C)  THE
PROVISION  OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND ADAPTIVE
DEVICES INTENDED AND DESIGNED  FOR  USE  BY  PERSONS  WHO  ARE  VISUALLY
IMPAIRED,  AND  (II)  SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE
VISUALLY IMPAIRED, INCLUDING BUT NOT  LIMITED  TO  ORIENTATION;  SENSORY
DEVELOPMENT;  SYSTEMS  OF SAFE MOVEMENT, INCLUDING LONG CANE TECHNIQUES;
RESOURCE IDENTIFICATION AND,  AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;
AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
DEVICES  AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D) THE
EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
  2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
ASSESSMENT OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED  FOR
SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
OPMENT  OF  APPROPRIATE  INTEGRATED  SERVICE PLANS TAILORED TO MEET SUCH
INDIVIDUAL NEEDS AS IDENTIFIED  IN  SUCH  ASSESSMENT  PROCESS;  (C)  THE
PROVISION  OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND ADAPTIVE
DEVICES INTENDED AND DESIGNED  FOR  USE  BY  PERSONS  WHO  ARE  VISUALLY
IMPAIRED,  INCLUDING,  IN  APPLIED SETTINGS, REINFORCING INSTRUCTION FOR
THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
ALLY IMPAIRED, INCLUDING BUT NOT LIMITED TO BRAILLE AND  OTHER  COMMUNI-
CATION  SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT SKILLS;
HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
AS APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION  OF
PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
  3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
ING  ASSESSMENT  AND  EVALUATION  OF,  AND TRAINING FOR, PERSONS WHO ARE
VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
PROFESSIONS DEFINED IN THIS SECTION AS:  (A)  ORIENTATION  AND  MOBILITY
TRAINING  AND  (B) VISION REHABILITATION THERAPY. SUCH SERVICES SHALL BE
RENDERED ON THE PRESCRIPTION OR REFERRAL WHICH MAY BE  DIRECTIVE  AS  TO
TREATMENT  BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER THAT
NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
WHEN THE PERSON BEING REFERRED HAS BEEN DIAGNOSED  WITHIN  THE  PREVIOUS
TWELVE  MONTHS  AS  VISUALLY  IMPAIRED,  BLIND OR LEGALLY BLIND AS THOSE
TERMS ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH  SERVICES
ARE  BEING  RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS, PRESCRIPTION OR
REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
  4. "APPLIED SETTINGS" MEANS THOSE  LOCATIONS  WHERE  PERSONS  WHO  ARE
VISUALLY  IMPAIRED  ENGAGE  IN DAY-TO-DAY ACTIVITIES UTILIZING THE TOOLS
SUPPLIED AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED  IN
THIS ARTICLE.

A. 3597                             3

  5.  "VISUALLY  IMPAIRED"  MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS BLIND  IS  ONE  WHO  HAS  NO
USEABLE  VISION.  A PERSON WHO IS LEGALLY BLIND IS ONE WHO SATISFIES THE
DEFINITION SET FORTH IN SUBDIVISION B OF SECTION THREE OF  CHAPTER  FOUR
HUNDRED  FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON WHO
IS PARTIALLY SIGHTED IS ONE WHO HAS FUNCTIONAL  VISION  IMPAIRMENT  THAT
CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
DISEASE,  TRAUMA,  OR CONGENITAL CONDITION, THAT CANNOT BE FULLY AMELIO-
RATED BY STANDARD REFRACTIVE CORRECTION,  MEDICATION,  OR  SURGERY,  AND
THAT  IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT VISUAL
RESOLUTION, INADEQUATE FIELD OF VISION OR REDUCED PEAK  CONTRAST  SENSI-
TIVITY.
  S  8802. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
ISTS" AND "VISION REHABILITATION THERAPISTS".   1.  PRACTICE  OF  ORIEN-
TATION  AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR  OTHERWISE  AUTHOR-
IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
OR  USE  THE  TITLE  "LICENSED  ORIENTATION AND MOBILITY SPECIALISTS" IN
CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
HIS OR HER PROFESSION.
  2. PRACTICE OF VISION REHABILITATION THERAPY  AND  USE  OF  THE  TITLE
"VISION  REHABILITATION  THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
APY OR USE THE TITLE "VISION  REHABILITATION  THERAPIST"  IN  CONNECTION
WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
PROFESSION.
  S  8803. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY  THE  BOARD  OF
REGENTS  UPON  THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  PROFES-
SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST  OF  NOT
LESS  THAN  FOURTEEN  INDIVIDUALS, FOUR OF WHOM SHALL BE LICENSED ORIEN-
TATION AND MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE  LICENSED  VISION
REHABILITATION  THERAPISTS,  ONE  OPHTHALMOLOGIST  SPECIALIZING  IN  LOW
VISION TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW  VISION  TREATMENT
AND  FOUR  OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE
WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE  BOARD  FROM  ORGANIZA-
TIONS  OF  THE BLIND OR VISUALLY IMPAIRED.  MEMBERS OF THE INITIAL BOARD
NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO  THE  BOARD.  OF  THE
MEMBERS  FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR TERM,
FIVE SHALL BE APPOINTED  FOR  A  FOUR  YEAR  TERM,  AND  FIVE  SHALL  BE
APPOINTED  FOR  A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR
FIVE YEAR TERMS. IN THE  EVENT  THAT  MORE  THAN  FOURTEEN  MEMBERS  ARE
APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
TO  SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED
BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.
  S 8804. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
ORIENTATION AND MOBILITY SPECIALIST,  AN  APPLICANT  SHALL  FULFILL  THE
FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
APPROVED ORIENTATION AND  MOBILITY  CURRICULUM  IN  A  BACCALAUREATE  OR
MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT

A. 3597                             4

WHICH  IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II)  HAVE  A  MINIMUM  OF  THREE MONTHS OF SUPERVISED ORIENTATION AND
MOBILITY EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE  SATISFAC-
TORY  TO  THE  STATE  BOARD  FOR  VISION  REHABILITATION SERVICES AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND  IN
ACCORDANCE  WITH  THE COMMISSIONER'S REGULATIONS THAT MAY BE BASED ON AN
EXAM UTILIZED BY ANY NATIONALLY RECOGNIZED ACCREDITING OR  CERTIFICATION
BODY  SUCH AS THE ACADEMY FOR CERTIFICATION OF VISION REHABILITATION AND
EDUCATION PROFESSIONALS  (ACVREP),  NATIONAL  ORIENTATION  AND  MOBILITY
CERTIFICATE  (NOMC)  ADMINISTERED BY THE NATIONAL BLINDNESS PROFESSIONAL
CERTIFICATION BOARD (NBPCB) OR AN EQUIVALENT EXAM.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F) REGISTRATION: ALL LICENSED ORIENTATION  AND  MOBILITY  SPECIALISTS
SHALL  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATION;
  (G) MANDATORY CONTINUING COMPETENCY:  (I)(A) EACH LICENSED ORIENTATION
AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
ALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH  THE
PROVISIONS   OF   THE   MANDATORY   CONTINUING  COMPETENCY  REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES (B) AND (C)  OF  THIS  SUBPARAGRAPH.  ORIENTATION  AND  MOBILITY
SPECIALISTS  WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY
REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE  UNTIL  THEY  HAVE  MET
SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
EXCEPT  THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B) ORIENTATION AND MOBILITY SPECIALISTS  SHALL  BE  EXEMPT  FROM  THE
MANDATORY  CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGISTRA-
TION PERIOD DURING WHICH THEY ARE FIRST LICENSED.    ADJUSTMENT  TO  THE
MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED BY THE
DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED  BY  AN
APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED ORIENTATION AND  MOBILITY  SPECIALIST  NOT  ENGAGED  IN
PRACTICE,  AS  DETERMINED  BY  THE  DEPARTMENT, SHALL BE EXEMPT FROM THE
MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A  STATE-
MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
TO  PRACTICE  OF  THE  PROFESSION OF ORIENTATION AND MOBILITY SPECIALIST
DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
UING  COMPETENCY  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF
THE COMMISSIONER.
  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
MUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE  LEARNING  ACTIVITIES  WHICH
CONTRIBUTE  TO  CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV)
OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE
IN RECOGNIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL  SCOPE  OF  A
LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
ITY  SPECIALIST  WHOSE  FIRST  REGISTRATION DATE FOLLOWING THE EFFECTIVE

A. 3597                             5

DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS  FROM  SUCH  EFFECTIVE
DATE,  BUT  ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND FIFTEEN, SHALL
COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE  OF
ONE-HALF  HOUR  PER  MONTH  FOR  THE PERIOD BEGINNING JANUARY FIRST, TWO
THOUSAND FIFTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING  COMPETENCY  REQUIRE-
MENTS  SHALL  NOT  BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE
DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGIS-
TRATION  CERTIFICATE  IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF
THIS PARAGRAPH. CONTINUING COMPETENCY HOURS TAKEN DURING  ONE  TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  (III)  THE  DEPARTMENT,  IN  ITS  DISCRETION,  MAY ISSUE A CONDITIONAL
REGISTRATION TO A LICENSEE WHO FAILS TO MEET THE  CONTINUING  COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV)  AS  USED  IN  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, "ACCEPTABLE
LEARNING ACTIVITIES" SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE  TO  THE
PROFESSIONAL  PRACTICE  OF  AN  ORIENTATION  AND MOBILITY SPECIALIST AND
WHICH MEET THE STANDARDS PRESCRIBED IN THE REGULATIONS  OF  THE  COMMIS-
SIONER.  SUCH  LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,
COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES,  SELF-STUDY  ACTIVITIES,
INDEPENDENT  STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFES-
SIONAL  JOURNALS,  PROFESSIONAL  DEVELOPMENT  PROGRAMS   AND   TECHNICAL
SESSIONS;  SUCH  LEARNING  ACTIVITIES  MAY  BE  OFFERED AND SPONSORED BY
NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZA-
TIONS  OR  PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED
EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE  DEPART-
MENT.  RECOGNIZED  AREAS  OF  STUDY SHALL INCLUDE BUT NOT BE LIMITED TO:
KNOWLEDGE AND SKILLS  TRAINING  IN  ORIENTATION,  MOBILITY,  NAVIGATION,
INDEPENDENT  LIVING,  COMMUNICATIONS AND USE OF PRESCRIBED AND, ADAPTIVE
OPTICAL DEVICES; UTILIZATION OF  SPECIALIZED  TECHNIQUES  AND  EQUIPMENT
INTENDED  FOR  USE  BY  PERSONS  WHO  ARE VISUALLY IMPAIRED; THE MEDICAL
ASPECTS OF VISION LOSS AND ITS FUNCTIONAL  IMPACT  ON  PERSONS  WHO  ARE
VISUALLY  IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS APPRO-
PRIATELY RELATED TO THE PRACTICE OF VISION  REHABILITATION  SERVICES  AS
MAY  BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
CONTRIBUTE TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE  THE
COMPLETION  OF  CONTINUING  COMPETENCY  LEARNING  ACTIVITIES IN SPECIFIC
SUBJECTS TO FULFILL THIS MANDATORY  CONTINUING  COMPETENCY  REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  (V)  ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL  MAINTAIN ADEQUATE
DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING
ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE  REQUEST  OF  THE
DEPARTMENT.  FAILURE  TO  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF

A. 3597                             6

THE DEPARTMENT SHALL BE AN ACT OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  2. TO QUALIFY FOR A LICENSE AS A VISION  REHABILITATION  THERAPIST  AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
APPROVED VISION REHABILITATION THERAPIST CURRICULUM IN  A  BACCALAUREATE
OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II) HAVE A MINIMUM OF THREE MONTHS  OF  SUPERVISED  VISION  REHABILI-
TATION  THERAPIST  EXPERIENCE  WHICH SUPERVISION AND EXPERIENCE SHALL BE
SATISFACTORY TO THE STATE BOARD FOR VISION REHABILITATION  SERVICES  AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C)  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS THAT MAY BE BASED  ON  AN
EXAM  UTILIZED BY ANY NATIONALLY RECOGNIZED ACCREDITING OR CERTIFICATION
BODY SUCH AS THE ACADEMY FOR CERTIFICATION OF VISION REHABILITATION  AND
EDUCATION  PROFESSIONALS  (ACVREP),  NATIONAL  ORIENTATION  AND MOBILITY
CERTIFICATE (NOMC) ADMINISTERED BY THE NATIONAL  BLINDNESS  PROFESSIONAL
CERTIFICATION BOARD (NBPCB) OR AN EQUIVALENT EXAM.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F)  REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE  COMMIS-
SIONER'S REGULATIONS;
  (G)  MANDATORY  CONTINUING  COMPETENCY:   (I) (A) EACH LICENSED VISION
REHABILITATION THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER  TRIEN-
NIALLY  WITH  THE  DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH
THE PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES (B) AND (C) OF THIS PARAGRAPH.  VISION REHABILITATION THERAPISTS
WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS
SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THEY HAVE  MET  SUCH  REQUIRE-
MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
A  VISION  REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH
REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION  PURSUANT
TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
RY  CONTINUING  COMPETENCY  REQUIREMENT  FOR  THE TRIENNIAL REGISTRATION
PERIOD DURING WHICH THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE MANDATO-
RY CONTINUING COMPETENCY REQUIREMENTS MAY BE GRANTED BY  THE  DEPARTMENT
FOR  REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN APPROPRIATE
HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.
  (C)  A  LICENSED  VISION REHABILITATION THERAPIST NOT ENGAGED IN PRAC-
TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-

A. 3597                             7

RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO  PRAC-
TICE  OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL REGISTRATION
PERIOD  SHALL  NOTIFY  THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION
AND SHALL MEET SUCH  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  AS
SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
TWENTY-FOUR  HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE TO
CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV) OF  THIS  PARA-
GRAPH,  PROVIDED  FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE IN RECOG-
NIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF  A  LICENSED
VISION  REHABILITATION  THERAPIST.  ANY  VISION REHABILITATION THERAPIST
WHOSE FIRST REGISTRATION DATE  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER  JANUARY  FIRST,  TWO  THOUSAND FIFTEEN, SHALL COMPLETE CONTINUING
COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF  HOUR  PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND FIFTEEN UP TO
THE  FIRST  REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATIS-
FIED THE MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  SHALL  NOT  BE
ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS
ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  CONTIN-
UING  COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.
  (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
PROFESSIONAL PRACTICE OF A VISION  REHABILITATION  THERAPIST  AND  WHICH
MEET  THE  STANDARDS  PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER.
SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLEGI-
ATE  LEVEL  CREDIT  AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDE-
PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE  AND
LOCAL  PROFESSIONAL  ASSOCIATIONS  AND  OTHER  ORGANIZATIONS  OR PARTIES
ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND
TECHNICAL  LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.  RECOGNIZED
AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
ORIENTATION, USE OF PRESCRIBED AND, ADAPTIVE OPTICAL  DEVICES;  UTILIZA-
TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
WHO  ARE  VISUALLY  IMPAIRED; THE MEDICAL ASPECTS OF VISION LOSS AND ITS
FUNCTIONAL IMPACT ON PERSONS WHO ARE VISUALLY IMPAIRED; AND  SUCH  OTHER

A. 3597                             8

TECHNICAL  SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE OF
VISION REHABILITATION SERVICES AS MAY BE SATISFACTORY TO THE  BOARD  AND
IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY,
IN  ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE
OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY  LEARNING
ACTIVITIES  IN  SPECIFIC  SUBJECTS  TO FULFILL THIS MANDATORY CONTINUING
COMPETENCY REQUIREMENT.  LEARNING ACTIVITIES MUST BE TAKEN FROM A  SPON-
SOR  APPROVED  BY  THE  DEPARTMENT,  PURSUANT  TO THE REGULATIONS OF THE
COMMISSIONER.
  (V) VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE  DOCUMEN-
TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
MENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION UPON THE REQUEST OF THE
DEPARTMENT SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  S 8805. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
FOLLOWS:
  1.  ELIGIBILITY.  A PERSON WHO FULFILLS ALL REQUIREMENTS FOR AN ORIEN-
TATION AND  MOBILITY  SPECIALIST  OR  VISION  REHABILITATION  THERAPIST,
EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
PERMIT.
  2.  LIMIT  OF  PRACTICE.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
UNDER THE DIRECT SUPERVISION OF  A  LICENSED  ORIENTATION  AND  MOBILITY
SPECIALIST OR A VISION REHABILITATION THERAPIST.
  3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE  BY  THE  DEPARTMENT  THAT  THE
APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
TEE  OF  FAILURE  ON  THE  PROFESSIONAL LICENSING EXAMINATION, WHICHEVER
FIRST OCCURS.
  4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
  S 8806. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO  AFFECT
OR  PREVENT  THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY  THE  IMPRESSION  THAT
THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
SPECIALIST OR VISION REHABILITATION THERAPIST:
  1.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
  2. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED  IN  THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
OTHER DULY LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH  CARE  PROVIDER,
PROVIDED  THAT  SUCH  DUTIES,  TASKS AND RESPONSIBILITIES ARE WITHIN THE
SCOPE OF HIS OR HER PRACTICE AS DEFINED IN THE ARTICLE PURSUANT TO WHICH
SUCH PERSON IS LICENSED, CERTIFIED  OR  REGISTERED;  PROVIDED,  HOWEVER,
THAT  SUCH  PRACTITIONERS  MAY  NOT  HOLD THEMSELVES OUT UNDER THE TITLE
"LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
ORIENTATION AND MOBILITY TRAINING.

A. 3597                             9

  3. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
DULY  LICENSED,  CERTIFIED  OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
OR  HER  PRACTICE AS DEFINED IN THE ARTICLE OR COMMISSIONER'S REGULATION
PURSUANT TO WHICH SUCH PERSON  IS  LICENSED,  CERTIFIED  OR  REGISTERED;
PROVIDED,  HOWEVER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT
UNDER  THE  TITLE  "LICENSED  VISION  REHABILITATION  THERAPIST"  OR  AS
PERFORMING  LICENSED  VISION REHABILITATION THERAPY.  WITH THE EXCEPTION
THAT OCCUPATIONAL THERAPY MAY HOLD THEMSELVES OUT  AS  PROVIDING  VISION
REHABILITATION THERAPY OR VISION REHABILITATION SERVICES.
  4.  THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE  WITHIN
THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
ANY  PERSON  REGISTERED  TO  PERFORM  SERVICES  AS A PHYSICIAN ASSISTANT
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
  5. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
BILITATION  THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF ORIENTATION
AND MOBILITY TRAINING OR VISION  REHABILITATION  THERAPY  OF  ANY  OTHER
STATE  OR  TERRITORY  WHO  IS  SERVING IN THE ARMED FORCES OR THE PUBLIC
HEALTH SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE  OF
HIS OR HER DUTIES.
  6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
  S  8807.  SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED WITHOUT EXAM-
INATION PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF  THIS
ARTICLE, SUCH PERSON:
  1.  FILES  AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT;
  2. (A) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR  EQUIVALENT  AS  DETER-
MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
ITY  TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT
AS DETERMINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN  VISION  REHA-
BILITATION  THERAPY;  OR  (C)  HOLDS  A  BACHELOR'S DEGREE OR HIGHER, OR
EQUIVALENT AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD  OR
IN  SPECIAL  EDUCATION  AND  (I) HAS COMPLETED ALL ADDITIONALLY REQUIRED
ELEMENTS OF THE ORIENTATION AND MOBILITY TRAINING  OR  VISION  REHABILI-
TATION  THERAPY  CURRICULUM  SATISFACTORY TO THE BOARD AND IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS;  OR  (II)  HAS  BEEN  CERTIFIED  IN
ORIENTATION  AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY A
NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
  3. SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR  EMPLOY-
MENT  IN  THE  PRACTICE  OF  ORIENTATION AND MOBILITY TRAINING OR VISION
REHABILITATION THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE  WITH
THE  COMMISSIONER'S  REGULATIONS,  WHETHER SUCH EXPERIENCE OR EMPLOYMENT
OCCURS WITHIN OR WITHOUT THIS STATE.
  S 8808. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART THEREOF.
  S 2. This act shall take effect July 1, 2015.    The  commissioner  of
education  and  the  board  of regents are authorized to promulgate such
rules and regulations and take any other measures as  may  be  necessary
for  the  timely  implementation  of this act on or before its effective
date, including but not limited to the appointment of  the  state  board
for  vision  rehabilitation  services,  the acceptance and processing of
applications for licensure, and the issuance of licenses.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3597--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of A. LUPARDO, GOTTFRIED, TITUS, PAULIN, WEISENBERG,
  ROSENTHAL, DINOWITZ, PERRY, BENEDETTO, JAFFEE,  COLTON,  BROOK-KRASNY,
  MORELLE,  PEOPLES-STOKES, LAVINE, WEPRIN, BRONSON, ZEBROWSKI, ROBERTS,
  ORTIZ, THIELE, MOYA, BRINDISI, SCARBOROUGH,  CLARK,  MOSLEY,  GUNTHER,
  SKOUFIS,  BUCHWALD,  FAHY, GOLDFEDER, MAGNARELLI -- Multi-Sponsored by
  -- M. of A.  ABBATE, ABINANTI, ARROYO,  AUBRY,  BARCLAY,  BLANKENBUSH,
  BRAUNSTEIN,  BRENNAN,  BUTLER,  CAHILL, CAMARA, CERETTO, COOK, CORWIN,
  CRESPO,  CROUCH,  CURRAN,  CUSICK,  CYMBROWITZ,  DUPREY,  ENGLEBRIGHT,
  FARRELL,  FINCH, FITZPATRICK, GALEF, GARBARINO, GOODELL, GRAF, HEVESI,
  HOOPER, JOHNS, KEARNS, KELLNER, KIM, LENTOL, LIFTON, LUPINACCI, MAGEE,
  MALLIOTAKIS, MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN,  MILL-
  ER,  MILLMAN, MONTESANO, OAKS, PALMESANO, RA, RAIA, RUSSELL, SALADINO,
  SCHIMEL, SIMANOWITZ, STEC, STECK, SWEENEY, TENNEY, TITONE,  WALTER  --
  read  once and referred to the Committee on Higher Education -- recom-
  mitted to the Committee on Higher Education in accordance with  Assem-
  bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law,  in  relation  to  the  licensing  of
  orientation and mobility specialists and rehabilitation therapists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 168 to
read as follows:
                               ARTICLE 168
                     VISION REHABILITATION SERVICES
SECTION 8900. INTRODUCTION.
        8901. DEFINITIONS.
        8902. USE OF  THE  TITLES  "LICENSED  ORIENTATION  AND  MOBILITY
                SPECIALISTS" AND "VISION REHABILITATION THERAPISTS".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06474-06-4
              

A. 3597--B                          2

        8903. STATE BOARD FOR VISION REHABILITATION SERVICES.
        8904. REQUIREMENTS FOR A LICENSE.
        8905. LIMITED PERMITS.
        8906. EXEMPT PERSONS.
        8907. SPECIAL PROVISIONS.
        8908. SEPARABILITY.
  S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
REHABILITATION  SERVICES,  AND  PROVIDES  FOR  THE LICENSING OF LICENSED
ORIENTATION AND MOBILITY SPECIALISTS AND  VISION  REHABILITATION  THERA-
PISTS.  THE  GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
  S 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. THE PRACTICE OF "ORIENTATION AND  MOBILITY  TRAINING"  SHALL  MEAN:
(A)  THE  ASSESSMENT  OF  INDIVIDUAL  NEEDS  OF PERSONS WHO ARE VISUALLY
IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN  STRATE-
GIES  TO  GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE  PLANS  TAILORED  TO  MEET
SUCH  INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR  PERSONS  WHO  ARE
VISUALLY  IMPAIRED,  INCLUDING  BUT  NOT LIMITED TO ORIENTATION; SENSORY
DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG  CANE  TECHNIQUES;
RESOURCE  IDENTIFICATION  AND,  AS  APPROPRIATE, PROFESSIONAL REFERRALS;
AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D)  THE
EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
  2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
ASSESSMENT  OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS  TAILORED  TO  MEET  SUCH
INDIVIDUAL  NEEDS  AS  IDENTIFIED  IN  SUCH  ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, INCLUDING, IN APPLIED SETTINGS,  REINFORCING  INSTRUCTION  FOR
THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
ALLY  IMPAIRED,  INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT  SKILLS;
HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION OF
PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
  3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
ING ASSESSMENT AND EVALUATION OF, AND  TRAINING  FOR,  PERSONS  WHO  ARE
VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
PROFESSIONS  DEFINED  IN  THIS  SECTION AS: (A) ORIENTATION AND MOBILITY
TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES  SHALL  BE
RENDERED  ON  THE  PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER  THAT
NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
WHEN  THE  PERSON  BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND  OR  LEGALLY  BLIND  AS  THOSE
TERMS  ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
ARE BEING RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS,  PRESCRIPTION  OR

A. 3597--B                          3

REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
  4.  "APPLIED  SETTINGS"  MEANS  THOSE  LOCATIONS WHERE PERSONS WHO ARE
VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES  UTILIZING  THE  TOOLS
SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
THIS ARTICLE.
  5. "VISUALLY IMPAIRED" MEANS A PERSON WHO IS  TOTALLY  BLIND,  LEGALLY
BLIND  OR  PARTIALLY  SIGHTED.  A  PERSON WHO IS BLIND IS ONE WHO HAS NO
USEABLE VISION. A PERSON WHO IS LEGALLY BLIND IS ONE WHO  SATISFIES  THE
DEFINITION  SET  FORTH IN SUBDIVISION B OF SECTION THREE OF CHAPTER FOUR
HUNDRED FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON  WHO
IS  PARTIALLY  SIGHTED  IS ONE WHO HAS FUNCTIONAL VISION IMPAIRMENT THAT
CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
DISEASE, TRAUMA, OR CONGENITAL CONDITION, THAT CANNOT BE  FULLY  AMELIO-
RATED  BY  STANDARD  REFRACTIVE  CORRECTION, MEDICATION, OR SURGERY, AND
THAT IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT  VISUAL
RESOLUTION,  INADEQUATE  FIELD OF VISION OR REDUCED PEAK CONTRAST SENSI-
TIVITY.
  S 8902. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY  SPECIAL-
ISTS"  AND  "VISION  REHABILITATION THERAPISTS".   1. PRACTICE OF ORIEN-
TATION AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED  ORIENTATION
AND  MOBILITY  SPECIALISTS". ONLY A PERSON LICENSED OR OTHERWISE AUTHOR-
IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
OR USE THE TITLE "LICENSED  ORIENTATION  AND  MOBILITY  SPECIALISTS"  IN
CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
HIS OR HER PROFESSION.
  2.  PRACTICE  OF  VISION  REHABILITATION  THERAPY AND USE OF THE TITLE
"VISION REHABILITATION THERAPIST". ONLY A PERSON LICENSED  OR  OTHERWISE
AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
APY  OR  USE  THE  TITLE "VISION REHABILITATION THERAPIST" IN CONNECTION
WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
PROFESSION.
  S 8903. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE  BOARD
FOR  VISION  REHABILITATION  SERVICES SHALL BE APPOINTED BY THE BOARD OF
REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER FOR THE  PURPOSE  OF
ASSISTING  THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFES-
SIONAL LICENSING AND PROFESSIONAL CONDUCT  IN  ACCORDANCE  WITH  SECTION
SIXTY-FIVE  HUNDRED  EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST OF NOT
LESS THAN FOURTEEN INDIVIDUALS, FOUR OF WHOM SHALL  BE  LICENSED  ORIEN-
TATION  AND  MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE LICENSED VISION
REHABILITATION  THERAPISTS,  ONE  OPHTHALMOLOGIST  SPECIALIZING  IN  LOW
VISION  TREATMENT,  ONE OPTOMETRIST SPECIALIZING IN LOW VISION TREATMENT
AND FOUR OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC  AT  LARGE
WHOSE  NAMES  WILL  BE PLACED IN NOMINATION FOR THE BOARD FROM ORGANIZA-
TIONS OF THE BLIND OR VISUALLY IMPAIRED.  MEMBERS OF THE  INITIAL  BOARD
NEED  NOT  BE  LICENSED  PRIOR TO THEIR APPOINTMENT TO THE BOARD. OF THE
MEMBERS FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR  TERM,
FIVE  SHALL  BE  APPOINTED  FOR  A  FOUR  YEAR  TERM,  AND FIVE SHALL BE
APPOINTED FOR A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL  SERVE  FOR
FIVE  YEAR  TERMS.  IN  THE  EVENT  THAT  MORE THAN FOURTEEN MEMBERS ARE
APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
TO SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE  APPOINTED
BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.

A. 3597--B                          4

  S 8904. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
ORIENTATION  AND  MOBILITY  SPECIALIST,  AN  APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
APPROVED ORIENTATION AND  MOBILITY  CURRICULUM  IN  A  BACCALAUREATE  OR
MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
WHICH  IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II) HAVE A MINIMUM OF THREE  MONTHS  OF  SUPERVISED  ORIENTATION  AND
MOBILITY  EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFAC-
TORY TO THE STATE  BOARD  FOR  VISION  REHABILITATION  SERVICES  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C)  PASS  AN  EXAMINATION  SATISFACTORY TO THE STATE BOARD FOR VISION
REHABILITATION SERVICES IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
LATIONS.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F)  REGISTRATION:  ALL  LICENSED ORIENTATION AND MOBILITY SPECIALISTS
SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN  ACCORDANCE  WITH  THE
COMMISSIONER'S REGULATION;
  (G) MANDATORY CONTINUING COMPETENCY:  (I)(A) EACH LICENSED ORIENTATION
AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
ALLY  WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE
PROVISIONS  OF  THE   MANDATORY   CONTINUING   COMPETENCY   REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES  (B)  AND  (C)  OF  THIS  SUBPARAGRAPH. ORIENTATION AND MOBILITY
SPECIALISTS WHO DO  NOT  SATISFY  THE  MANDATORY  CONTINUING  COMPETENCY
REQUIREMENTS  SHALL  NOT  BE  AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET
SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
EXCEPT THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE  WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B)  ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL BE EXEMPT FROM THE
MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL  REGISTRA-
TION  PERIOD  DURING  WHICH  THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE
MANDATORY CONTINUING COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED  BY  THE
DEPARTMENT  FOR  REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN
APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH  THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C)  A  LICENSED  ORIENTATION  AND  MOBILITY SPECIALIST NOT ENGAGED IN
PRACTICE, AS DETERMINED BY THE DEPARTMENT,  SHALL  BE  EXEMPT  FROM  THE
MANDATORY  CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATE-
MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
TO PRACTICE OF THE PROFESSION OF  ORIENTATION  AND  MOBILITY  SPECIALIST
DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
UING COMPETENCY REQUIREMENTS AS SHALL BE PRESCRIBED  BY  REGULATIONS  OF
THE COMMISSIONER.
  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
MUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE  LEARNING  ACTIVITIES  WHICH
CONTRIBUTE TO CONTINUING COMPETENCE, AS SPECIFIED IN  SUBPARAGRAPH  (IV)
OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE

A. 3597--B                          5

IN  RECOGNIZED  AREAS  OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF A
LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
ITY SPECIALIST WHOSE FIRST REGISTRATION  DATE  FOLLOWING  THE  EFFECTIVE
DATE  OF  THIS  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE
DATE, BUT ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND  FIFTEEN,  SHALL
COMPLETE  CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF
ONE-HALF HOUR PER MONTH FOR THE  PERIOD  BEGINNING  JANUARY  FIRST,  TWO
THOUSAND FIFTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
SEE  WHO  HAS NOT SATISFIED THE MANDATORY CONTINUING COMPETENCY REQUIRE-
MENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION  CERTIFICATE  BY  THE
DEPARTMENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGIS-
TRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH  (III)  OF
THIS  PARAGRAPH.  CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
PROFESSIONAL PRACTICE OF AN  ORIENTATION  AND  MOBILITY  SPECIALIST  AND
WHICH  MEET  THE  STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMIS-
SIONER. SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
COLLEGIATE  LEVEL  CREDIT AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES,
INDEPENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN  PROFES-
SIONAL   JOURNALS,   PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL
SESSIONS; SUCH LEARNING ACTIVITIES  MAY  BE  OFFERED  AND  SPONSORED  BY
NATIONAL,  STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZA-
TIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY  OTHER  ORGANIZED
EDUCATIONAL  AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPART-
MENT. RECOGNIZED AREAS OF STUDY SHALL INCLUDE BUT  NOT  BE  LIMITED  TO:
KNOWLEDGE  AND  SKILLS  TRAINING  IN  ORIENTATION, MOBILITY, NAVIGATION,
INDEPENDENT LIVING, COMMUNICATIONS AND USE OF PRESCRIBED  AND,  ADAPTIVE
OPTICAL  DEVICES;  UTILIZATION  OF  SPECIALIZED TECHNIQUES AND EQUIPMENT
INTENDED FOR USE BY PERSONS  WHO  ARE  VISUALLY  IMPAIRED;  THE  MEDICAL
ASPECTS  OF  VISION  LOSS  AND  ITS FUNCTIONAL IMPACT ON PERSONS WHO ARE
VISUALLY IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS  APPRO-
PRIATELY  RELATED  TO  THE PRACTICE OF VISION REHABILITATION SERVICES AS
MAY BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE  COMMISSION-
ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
CONTRIBUTE  TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE THE
COMPLETION OF CONTINUING  COMPETENCY  LEARNING  ACTIVITIES  IN  SPECIFIC
SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  (V) ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL  MAINTAIN  ADEQUATE
DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING

A. 3597--B                          6

ACTIVITIES  AND  SHALL  PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE
DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON  THE  REQUEST  OF
THE  DEPARTMENT  SHALL  BE  AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  2. TO QUALIFY FOR A LICENSE AS A VISION  REHABILITATION  THERAPIST  AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
APPROVED VISION REHABILITATION THERAPIST CURRICULUM IN  A  BACCALAUREATE
OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II) HAVE A MINIMUM OF THREE MONTHS  OF  SUPERVISED  VISION  REHABILI-
TATION  THERAPIST  EXPERIENCE  WHICH SUPERVISION AND EXPERIENCE SHALL BE
SATISFACTORY TO THE STATE BOARD FOR VISION REHABILITATION  SERVICES  AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C)  PASS  AN  EXAMINATION  SATISFACTORY TO THE STATE BOARD FOR VISION
REHABILITATION SERVICES IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
LATIONS.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F)  REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE  COMMIS-
SIONER'S REGULATIONS;
  (G)  MANDATORY  CONTINUING  COMPETENCY:   (I) (A) EACH LICENSED VISION
REHABILITATION THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER  TRIEN-
NIALLY  WITH  THE  DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH
THE PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES (B) AND (C) OF THIS PARAGRAPH.  VISION REHABILITATION THERAPISTS
WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS
SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THEY HAVE  MET  SUCH  REQUIRE-
MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
A  VISION  REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH
REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION  PURSUANT
TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
RY  CONTINUING  COMPETENCY  REQUIREMENT  FOR  THE TRIENNIAL REGISTRATION
PERIOD DURING WHICH THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE MANDATO-
RY CONTINUING COMPETENCY REQUIREMENTS MAY BE GRANTED BY  THE  DEPARTMENT
FOR  REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN APPROPRIATE
HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.
  (C)  A  LICENSED  VISION REHABILITATION THERAPIST NOT ENGAGED IN PRAC-
TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO  PRAC-

A. 3597--B                          7

TICE  OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL REGISTRATION
PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO  REENTERING  THE  PROFESSION
AND  SHALL  MEET  SUCH  MANDATORY  CONTINUING COMPETENCY REQUIREMENTS AS
SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
TWENTY-FOUR  HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE TO
CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV) OF  THIS  PARA-
GRAPH,  PROVIDED  FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE IN RECOG-
NIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF  A  LICENSED
VISION  REHABILITATION  THERAPIST.  ANY  VISION REHABILITATION THERAPIST
WHOSE FIRST REGISTRATION DATE  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER  JANUARY  FIRST,  TWO  THOUSAND FIFTEEN, SHALL COMPLETE CONTINUING
COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF  HOUR  PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND FIFTEEN UP TO
THE  FIRST  REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATIS-
FIED THE MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  SHALL  NOT  BE
ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS
ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  CONTIN-
UING  COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.
  (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
PROFESSIONAL PRACTICE OF A VISION  REHABILITATION  THERAPIST  AND  WHICH
MEET  THE  STANDARDS  PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER.
SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLEGI-
ATE  LEVEL  CREDIT  AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDE-
PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE  AND
LOCAL  PROFESSIONAL  ASSOCIATIONS  AND  OTHER  ORGANIZATIONS  OR PARTIES
ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND
TECHNICAL  LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.  RECOGNIZED
AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
ORIENTATION, USE OF PRESCRIBED AND, ADAPTIVE OPTICAL  DEVICES;  UTILIZA-
TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
WHO  ARE  VISUALLY  IMPAIRED; THE MEDICAL ASPECTS OF VISION LOSS AND ITS
FUNCTIONAL IMPACT ON PERSONS WHO ARE VISUALLY IMPAIRED; AND  SUCH  OTHER
TECHNICAL  SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE OF
VISION REHABILITATION SERVICES AS MAY BE SATISFACTORY TO THE  BOARD  AND

A. 3597--B                          8

IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY,
IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND  WELFARE
OF  THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY LEARNING
ACTIVITIES  IN  SPECIFIC  SUBJECTS  TO FULFILL THIS MANDATORY CONTINUING
COMPETENCY REQUIREMENT.  LEARNING ACTIVITIES MUST BE TAKEN FROM A  SPON-
SOR  APPROVED  BY  THE  DEPARTMENT,  PURSUANT  TO THE REGULATIONS OF THE
COMMISSIONER.
  (V) VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE  DOCUMEN-
TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
MENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION UPON THE REQUEST OF THE
DEPARTMENT SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  S 8905. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
FOLLOWS:
  1.  ELIGIBILITY.  A PERSON WHO FULFILLS ALL REQUIREMENTS FOR AN ORIEN-
TATION AND  MOBILITY  SPECIALIST  OR  VISION  REHABILITATION  THERAPIST,
EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
PERMIT.
  2.  LIMIT  OF  PRACTICE.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
UNDER THE DIRECT SUPERVISION OF  A  LICENSED  ORIENTATION  AND  MOBILITY
SPECIALIST OR A VISION REHABILITATION THERAPIST.
  3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE  BY  THE  DEPARTMENT  THAT  THE
APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
TEE  OF  FAILURE  ON  THE  PROFESSIONAL LICENSING EXAMINATION, WHICHEVER
FIRST OCCURS.
  4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
  S 8906. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO  AFFECT
OR  PREVENT  THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY  THE  IMPRESSION  THAT
THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
SPECIALIST OR VISION REHABILITATION THERAPIST:
  1.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
  2. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED  IN  THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
OTHER DULY LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH  CARE  PROVIDER,
PROVIDED  THAT  SUCH  DUTIES,  TASKS AND RESPONSIBILITIES ARE WITHIN THE
SCOPE OF HIS OR HER PRACTICE AS DEFINED  IN  THIS  ARTICLE  PURSUANT  TO
WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
ER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE
"LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
ORIENTATION AND MOBILITY TRAINING.
  3. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER

A. 3597--B                          9

DULY  LICENSED,  CERTIFIED  OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
OR HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S  REGULATION
PURSUANT  TO  WHICH  SUCH  PERSON  IS LICENSED, CERTIFIED OR REGISTERED;
PROVIDED, HOWEVER, THAT SUCH PRACTITIONERS MAY NOT HOLD  THEMSELVES  OUT
UNDER  THE  TITLE  "LICENSED  VISION  REHABILITATION  THERAPIST"  OR  AS
PERFORMING LICENSED VISION REHABILITATION THERAPY.
  4. THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE  BY
ANY  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN
THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
ANY PERSON REGISTERED TO  PERFORM  SERVICES  AS  A  PHYSICIAN  ASSISTANT
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
  5.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
BILITATION THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF  ORIENTATION
AND  MOBILITY  TRAINING  OR  VISION  REHABILITATION THERAPY OF ANY OTHER
STATE OR TERRITORY WHO IS SERVING IN THE  ARMED  FORCES  OR  THE  PUBLIC
HEALTH  SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE OF
HIS OR HER DUTIES.
  6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
  S 8907. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED  WITHOUT  EXAM-
INATION  PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
ARTICLE, SUCH PERSON:
  1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO  THE  DEPART-
MENT;
  2.  (A)  HOLDS  A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR  EQUIVALENT
AS  DETERMINED  BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
BILITATION THERAPY; OR (C) HOLDS  A  BACHELOR'S  DEGREE  OR  HIGHER,  OR
EQUIVALENT  AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
IN SPECIAL EDUCATION AND (I) HAS  COMPLETED  ALL  ADDITIONALLY  REQUIRED
ELEMENTS  OF  THE  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD  AND  IN  ACCORDANCE
WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  (II)  HAS BEEN CERTIFIED IN
ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY  A
NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
  3.  SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
MENT IN THE PRACTICE OF ORIENTATION  AND  MOBILITY  TRAINING  OR  VISION
REHABILITATION  THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS, WHETHER SUCH  EXPERIENCE  OR  EMPLOYMENT
OCCURS WITHIN OR WITHOUT THIS STATE.
  S 8908. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
ANY OTHER SECTION OR PART THEREOF.
  S  2.  This  act  shall take effect July 1, 2015.  The commissioner of
education and the board of regents are  authorized  to  promulgate  such
rules  and  regulations  and take any other measures as may be necessary
for the timely implementation of this act on  or  before  its  effective
date,  including  but  not limited to the appointment of the state board
for vision rehabilitation services, the  acceptance  and  processing  of
applications for licensure, and the issuance of licenses.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3597--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by  M.  of A. LUPARDO, GOTTFRIED, TITUS, PAULIN, WEISENBERG,
  ROSENTHAL, DINOWITZ, PERRY, BENEDETTO, JAFFEE,  COLTON,  BROOK-KRASNY,
  MORELLE,  PEOPLES-STOKES, LAVINE, WEPRIN, BRONSON, ZEBROWSKI, ROBERTS,
  ORTIZ, THIELE, MOYA, BRINDISI, SCARBOROUGH,  CLARK,  MOSLEY,  GUNTHER,
  SKOUFIS,  BUCHWALD,  FAHY,  GOLDFEDER, MAGNARELLI, RYAN -- Multi-Spon-
  sored by -- M.  of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANK-
  ENBUSH, BRAUNSTEIN, BRENNAN, BUTLER, CAHILL,  CAMARA,  CERETTO,  COOK,
  CORWIN,  CRESPO,  CROUCH,  CURRAN,  CUSICK, CYMBROWITZ, DUPREY, ENGLE-
  BRIGHT, FARRELL, FINCH, FITZPATRICK, GALEF, GARBARINO, GOODELL,  GRAF,
  HEVESI,  HOOPER, JOHNS, KEARNS, KELLNER, KIM, LENTOL, LIFTON, LUPINAC-
  CI,  MAGEE,  MALLIOTAKIS,  MARKEY,  McDONALD,   McDONOUGH,   McKEVITT,
  McLAUGHLIN,  MILLER,  MILLMAN,  MONTESANO,  OAKS, PALMESANO, RA, RAIA,
  RUSSELL, SALADINO, SCHIMEL, SIMANOWITZ, STEC, STECK, SWEENEY,  TENNEY,
  TITONE,  WALTER  --  read once and referred to the Committee on Higher
  Education -- recommitted to  the  Committee  on  Higher  Education  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  again  reported  from said committee with amendments, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the education law,  in  relation  to  the  licensing  of
  orientation and mobility specialists and rehabilitation therapists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 168 to
read as follows:
                               ARTICLE 168
                     VISION REHABILITATION SERVICES
SECTION 8900. INTRODUCTION.
        8901. DEFINITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06474-08-4
              

A. 3597--C                          2

        8902. USE OF  THE  TITLES  "LICENSED  ORIENTATION  AND  MOBILITY
                SPECIALISTS" AND "VISION REHABILITATION THERAPISTS".
        8903. STATE BOARD FOR VISION REHABILITATION SERVICES.
        8904. REQUIREMENTS FOR A LICENSE.
        8905. LIMITED PERMITS.
        8906. EXEMPT PERSONS.
        8907. SPECIAL PROVISIONS.
        8908. SEPARABILITY.
  S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
REHABILITATION  SERVICES,  AND  PROVIDES  FOR  THE LICENSING OF LICENSED
ORIENTATION AND MOBILITY SPECIALISTS AND  VISION  REHABILITATION  THERA-
PISTS.  THE  GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
  S 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. THE PRACTICE OF "ORIENTATION AND  MOBILITY  TRAINING"  SHALL  MEAN:
(A)  THE  ASSESSMENT  OF  INDIVIDUAL  NEEDS  OF PERSONS WHO ARE VISUALLY
IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN  STRATE-
GIES  TO  GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE  PLANS  TAILORED  TO  MEET
SUCH  INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR  PERSONS  WHO  ARE
VISUALLY  IMPAIRED,  INCLUDING  BUT  NOT LIMITED TO ORIENTATION; SENSORY
DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG  CANE  TECHNIQUES;
RESOURCE  IDENTIFICATION  AND,  AS  APPROPRIATE, PROFESSIONAL REFERRALS;
AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D)  THE
EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
  2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
ASSESSMENT  OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS  TAILORED  TO  MEET  SUCH
INDIVIDUAL  NEEDS  AS  IDENTIFIED  IN  SUCH  ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, INCLUDING, IN APPLIED SETTINGS,  REINFORCING  INSTRUCTION  FOR
THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
ALLY  IMPAIRED,  INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT  SKILLS;
HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION OF
PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
  3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
ING ASSESSMENT AND EVALUATION OF, AND  TRAINING  FOR,  PERSONS  WHO  ARE
VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
PROFESSIONS  DEFINED  IN  THIS  SECTION AS: (A) ORIENTATION AND MOBILITY
TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES  SHALL  BE
RENDERED  ON  THE  PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER  THAT
NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
WHEN  THE  PERSON  BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND  OR  LEGALLY  BLIND  AS  THOSE

A. 3597--C                          3

TERMS  ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
ARE BEING RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS,  PRESCRIPTION  OR
REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
  4.  "APPLIED  SETTINGS"  MEANS  THOSE  LOCATIONS WHERE PERSONS WHO ARE
VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES  UTILIZING  THE  TOOLS
SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
THIS ARTICLE.
  5. "VISUALLY IMPAIRED" MEANS A PERSON WHO IS  TOTALLY  BLIND,  LEGALLY
BLIND  OR  PARTIALLY  SIGHTED.  A  PERSON WHO IS BLIND IS ONE WHO HAS NO
USEABLE VISION. A PERSON WHO IS LEGALLY BLIND IS ONE WHO  SATISFIES  THE
DEFINITION  SET  FORTH IN SUBDIVISION B OF SECTION THREE OF CHAPTER FOUR
HUNDRED FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON  WHO
IS  PARTIALLY  SIGHTED  IS ONE WHO HAS FUNCTIONAL VISION IMPAIRMENT THAT
CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
DISEASE, TRAUMA, OR CONGENITAL CONDITION, THAT CANNOT BE  FULLY  AMELIO-
RATED  BY  STANDARD  REFRACTIVE  CORRECTION, MEDICATION, OR SURGERY, AND
THAT IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT  VISUAL
RESOLUTION,  INADEQUATE  FIELD OF VISION OR REDUCED PEAK CONTRAST SENSI-
TIVITY.
  S 8902. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY  SPECIAL-
ISTS"  AND  "VISION  REHABILITATION THERAPISTS".   1. PRACTICE OF ORIEN-
TATION AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED  ORIENTATION
AND  MOBILITY  SPECIALISTS". ONLY A PERSON LICENSED OR OTHERWISE AUTHOR-
IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
OR USE THE TITLE "LICENSED  ORIENTATION  AND  MOBILITY  SPECIALISTS"  IN
CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
HIS OR HER PROFESSION.
  2.  PRACTICE  OF  VISION  REHABILITATION  THERAPY AND USE OF THE TITLE
"VISION REHABILITATION THERAPIST". ONLY A PERSON LICENSED  OR  OTHERWISE
AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
APY  OR  USE  THE  TITLE "VISION REHABILITATION THERAPIST" IN CONNECTION
WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
PROFESSION.
  S 8903. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE  BOARD
FOR  VISION  REHABILITATION  SERVICES SHALL BE APPOINTED BY THE BOARD OF
REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER FOR THE  PURPOSE  OF
ASSISTING  THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFES-
SIONAL LICENSING AND PROFESSIONAL CONDUCT  IN  ACCORDANCE  WITH  SECTION
SIXTY-FIVE  HUNDRED  EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST OF NOT
LESS THAN FOURTEEN INDIVIDUALS, FOUR OF WHOM SHALL  BE  LICENSED  ORIEN-
TATION  AND  MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE LICENSED VISION
REHABILITATION  THERAPISTS,  ONE  OPHTHALMOLOGIST  SPECIALIZING  IN  LOW
VISION  TREATMENT,  ONE OPTOMETRIST SPECIALIZING IN LOW VISION TREATMENT
AND FOUR OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC  AT  LARGE
WHOSE  NAMES  WILL  BE PLACED IN NOMINATION FOR THE BOARD FROM ORGANIZA-
TIONS OF THE BLIND OR VISUALLY IMPAIRED.  MEMBERS OF THE  INITIAL  BOARD
NEED  NOT  BE  LICENSED  PRIOR TO THEIR APPOINTMENT TO THE BOARD. OF THE
MEMBERS FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR  TERM,
FIVE  SHALL  BE  APPOINTED  FOR  A  FOUR  YEAR  TERM,  AND FIVE SHALL BE
APPOINTED FOR A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL  SERVE  FOR
FIVE  YEAR  TERMS.  IN  THE  EVENT  THAT  MORE THAN FOURTEEN MEMBERS ARE
APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR

A. 3597--C                          4

TO SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE  APPOINTED
BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.
  S 8904. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
ORIENTATION  AND  MOBILITY  SPECIALIST,  AN  APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION/EXPERIENCE:  (I)  HAVE  SATISFACTORILY   COMPLETED   AN
APPROVED  ORIENTATION  AND  MOBILITY  CURRICULUM  IN  A BACCALAUREATE OR
MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
WHICH IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM,  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II)  HAVE  A  MINIMUM  OF  THREE MONTHS OF SUPERVISED ORIENTATION AND
MOBILITY EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE  SATISFAC-
TORY  TO  THE  STATE  BOARD  FOR  VISION  REHABILITATION SERVICES AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C) PASS AN EXAMINATION SATISFACTORY TO THE  STATE  BOARD  FOR  VISION
REHABILITATION  SERVICES  IN  ACCORDANCE  WITH  THE COMMISSIONER'S REGU-
LATIONS.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F) REGISTRATION: ALL LICENSED ORIENTATION  AND  MOBILITY  SPECIALISTS
SHALL  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATION;
  (G) MANDATORY CONTINUING COMPETENCY:  (I)(A) EACH LICENSED ORIENTATION
AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
ALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH  THE
PROVISIONS   OF   THE   MANDATORY   CONTINUING  COMPETENCY  REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES (B) AND (C)  OF  THIS  SUBPARAGRAPH.  ORIENTATION  AND  MOBILITY
SPECIALISTS  WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY
REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE  UNTIL  THEY  HAVE  MET
SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
EXCEPT  THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B) ORIENTATION AND MOBILITY SPECIALISTS  SHALL  BE  EXEMPT  FROM  THE
MANDATORY  CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGISTRA-
TION PERIOD DURING WHICH THEY ARE FIRST LICENSED.    ADJUSTMENT  TO  THE
MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED BY THE
DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED  BY  AN
APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED ORIENTATION AND  MOBILITY  SPECIALIST  NOT  ENGAGED  IN
PRACTICE,  AS  DETERMINED  BY  THE  DEPARTMENT, SHALL BE EXEMPT FROM THE
MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A  STATE-
MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
TO  PRACTICE  OF  THE  PROFESSION OF ORIENTATION AND MOBILITY SPECIALIST
DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
UING  COMPETENCY  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF
THE COMMISSIONER.
  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
MUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE  LEARNING  ACTIVITIES  WHICH

A. 3597--C                          5

CONTRIBUTE  TO  CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV)
OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE
IN RECOGNIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL  SCOPE  OF  A
LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
ITY  SPECIALIST  WHOSE  FIRST  REGISTRATION DATE FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS  FROM  SUCH  EFFECTIVE
DATE,  BUT  ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND FIFTEEN, SHALL
COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE  OF
ONE-HALF  HOUR  PER  MONTH  FOR  THE PERIOD BEGINNING JANUARY FIRST, TWO
THOUSAND FIFTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING  COMPETENCY  REQUIRE-
MENTS  SHALL  NOT  BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE
DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGIS-
TRATION  CERTIFICATE  IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF
THIS PARAGRAPH. CONTINUING COMPETENCY HOURS TAKEN DURING  ONE  TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  (III)  THE  DEPARTMENT,  IN  ITS  DISCRETION,  MAY ISSUE A CONDITIONAL
REGISTRATION TO A LICENSEE WHO FAILS TO MEET THE  CONTINUING  COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV)  AS  USED  IN  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, "ACCEPTABLE
LEARNING ACTIVITIES" SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE  TO  THE
PROFESSIONAL  PRACTICE  OF  AN  ORIENTATION  AND MOBILITY SPECIALIST AND
WHICH MEET THE STANDARDS PRESCRIBED IN THE REGULATIONS  OF  THE  COMMIS-
SIONER.  SUCH  LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,
COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES,  SELF-STUDY  ACTIVITIES,
INDEPENDENT  STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFES-
SIONAL  JOURNALS,  PROFESSIONAL  DEVELOPMENT  PROGRAMS   AND   TECHNICAL
SESSIONS;  SUCH  LEARNING  ACTIVITIES  MAY  BE  OFFERED AND SPONSORED BY
NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZA-
TIONS  OR  PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED
EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE  DEPART-
MENT.  RECOGNIZED  AREAS  OF  STUDY SHALL INCLUDE BUT NOT BE LIMITED TO:
KNOWLEDGE AND SKILLS  TRAINING  IN  ORIENTATION,  MOBILITY,  NAVIGATION,
INDEPENDENT  LIVING,  COMMUNICATIONS AND USE OF PRESCRIBED AND, ADAPTIVE
OPTICAL DEVICES; UTILIZATION OF  SPECIALIZED  TECHNIQUES  AND  EQUIPMENT
INTENDED  FOR  USE  BY  PERSONS  WHO  ARE VISUALLY IMPAIRED; THE MEDICAL
ASPECTS OF VISION LOSS AND ITS FUNCTIONAL  IMPACT  ON  PERSONS  WHO  ARE
VISUALLY  IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS APPRO-
PRIATELY RELATED TO THE PRACTICE OF VISION  REHABILITATION  SERVICES  AS
MAY  BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
CONTRIBUTE TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE  THE
COMPLETION  OF  CONTINUING  COMPETENCY  LEARNING  ACTIVITIES IN SPECIFIC
SUBJECTS TO FULFILL THIS MANDATORY  CONTINUING  COMPETENCY  REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.

A. 3597--C                          6

  (V)  ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL  MAINTAIN ADEQUATE
DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING
ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE  REQUEST  OF  THE
DEPARTMENT.  FAILURE  TO  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF
THE  DEPARTMENT  SHALL  BE  AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE  FIFTY  DOLLARS,
SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR  EACH  TRIENNIAL
REGISTRATION PERIOD.
  2.  TO  QUALIFY  FOR A LICENSE AS A VISION REHABILITATION THERAPIST AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION/EXPERIENCE:  (I)  HAVE  SATISFACTORILY   COMPLETED   AN
APPROVED  VISION  REHABILITATION THERAPIST CURRICULUM IN A BACCALAUREATE
OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II)  HAVE  A  MINIMUM  OF THREE MONTHS OF SUPERVISED VISION REHABILI-
TATION THERAPIST EXPERIENCE WHICH SUPERVISION AND  EXPERIENCE  SHALL  BE
SATISFACTORY  TO  THE STATE BOARD FOR VISION REHABILITATION SERVICES AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C) PASS AN EXAMINATION SATISFACTORY TO THE  STATE  BOARD  FOR  VISION
REHABILITATION  SERVICES  IN  ACCORDANCE  WITH  THE COMMISSIONER'S REGU-
LATIONS.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F) REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS  SHALL
REGISTER  TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
SIONER'S REGULATIONS;
  (G) MANDATORY CONTINUING COMPETENCY:   (I) (A)  EACH  LICENSED  VISION
REHABILITATION  THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIEN-
NIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE  SHALL  COMPLY  WITH
THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES (B) AND (C) OF THIS PARAGRAPH.  VISION REHABILITATION THERAPISTS
WHO DO NOT SATISFY  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS
SHALL  NOT  BE  AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET SUCH REQUIRE-
MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
A VISION REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING  MET  SUCH
REQUIREMENTS  IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION PURSUANT
TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
RY CONTINUING COMPETENCY  REQUIREMENT  FOR  THE  TRIENNIAL  REGISTRATION
PERIOD DURING WHICH THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE MANDATO-
RY  CONTINUING  COMPETENCY REQUIREMENTS MAY BE GRANTED BY THE DEPARTMENT
FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN  APPROPRIATE
HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED VISION REHABILITATION THERAPIST NOT  ENGAGED  IN  PRAC-
TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-

A. 3597--C                          7

RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
THE  DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO PRAC-
TICE OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL  REGISTRATION
PERIOD  SHALL  NOTIFY  THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION
AND SHALL MEET SUCH  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  AS
SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
TWENTY-FOUR  HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE TO
CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV) OF  THIS  PARA-
GRAPH,  PROVIDED  FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE IN RECOG-
NIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF  A  LICENSED
VISION  REHABILITATION  THERAPIST.  ANY  VISION REHABILITATION THERAPIST
WHOSE FIRST REGISTRATION DATE  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER  JANUARY  FIRST,  TWO  THOUSAND FIFTEEN, SHALL COMPLETE CONTINUING
COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF  HOUR  PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND FIFTEEN UP TO
THE  FIRST  REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATIS-
FIED THE MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  SHALL  NOT  BE
ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS
ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  CONTIN-
UING  COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.
  (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
PROFESSIONAL PRACTICE OF A VISION  REHABILITATION  THERAPIST  AND  WHICH
MEET  THE  STANDARDS  PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER.
SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLEGI-
ATE  LEVEL  CREDIT  AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDE-
PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE  AND
LOCAL  PROFESSIONAL  ASSOCIATIONS  AND  OTHER  ORGANIZATIONS  OR PARTIES
ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND
TECHNICAL  LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.  RECOGNIZED
AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
ORIENTATION, USE OF PRESCRIBED AND, ADAPTIVE OPTICAL  DEVICES;  UTILIZA-
TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
WHO  ARE  VISUALLY  IMPAIRED; THE MEDICAL ASPECTS OF VISION LOSS AND ITS
FUNCTIONAL IMPACT ON PERSONS WHO ARE VISUALLY IMPAIRED; AND  SUCH  OTHER

A. 3597--C                          8

TECHNICAL  SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE OF
VISION REHABILITATION SERVICES AS MAY BE SATISFACTORY TO THE  BOARD  AND
IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY,
IN  ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE
OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY  LEARNING
ACTIVITIES  IN  SPECIFIC  SUBJECTS  TO FULFILL THIS MANDATORY CONTINUING
COMPETENCY REQUIREMENT.  LEARNING ACTIVITIES MUST BE TAKEN FROM A  SPON-
SOR  APPROVED  BY  THE  DEPARTMENT,  PURSUANT  TO THE REGULATIONS OF THE
COMMISSIONER.
  (V) VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE  DOCUMEN-
TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
MENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION UPON THE REQUEST OF THE
DEPARTMENT SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  S 8905. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
FOLLOWS:
  1.  ELIGIBILITY.  A PERSON WHO FULFILLS ALL REQUIREMENTS FOR AN ORIEN-
TATION AND  MOBILITY  SPECIALIST  OR  VISION  REHABILITATION  THERAPIST,
EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
PERMIT.
  2.  LIMIT  OF  PRACTICE.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
UNDER THE DIRECT SUPERVISION OF  A  LICENSED  ORIENTATION  AND  MOBILITY
SPECIALIST OR A VISION REHABILITATION THERAPIST.
  3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE  BY  THE  DEPARTMENT  THAT  THE
APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
TEE  OF  FAILURE  ON  THE  PROFESSIONAL LICENSING EXAMINATION, WHICHEVER
FIRST OCCURS.
  4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
  S 8906. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO  AFFECT
OR  PREVENT  THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY  THE  IMPRESSION  THAT
THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
SPECIALIST OR VISION REHABILITATION THERAPIST:
  1.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
  2. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED  IN  THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
OTHER DULY LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH  CARE  PROVIDER,
PROVIDED  THAT  SUCH  DUTIES,  TASKS AND RESPONSIBILITIES ARE WITHIN THE
SCOPE OF HIS OR HER PRACTICE AS DEFINED  IN  THIS  ARTICLE  PURSUANT  TO
WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
ER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE
"LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
ORIENTATION AND MOBILITY TRAINING.

A. 3597--C                          9

  3. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
DULY  LICENSED,  CERTIFIED  OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
OR  HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S REGULATION
PURSUANT TO WHICH SUCH PERSON  IS  LICENSED,  CERTIFIED  OR  REGISTERED;
PROVIDED,  HOWEVER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT
UNDER THE TITLE "LICENSED VISION REHABILITATION THERAPIST".
  4. THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE  BY
ANY  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN
THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
ANY PERSON REGISTERED TO  PERFORM  SERVICES  AS  A  PHYSICIAN  ASSISTANT
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
  5.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
BILITATION THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF  ORIENTATION
AND  MOBILITY  TRAINING  OR  VISION  REHABILITATION THERAPY OF ANY OTHER
STATE OR TERRITORY WHO IS SERVING IN THE  ARMED  FORCES  OR  THE  PUBLIC
HEALTH  SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE OF
HIS OR HER DUTIES.
  6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
  S 8907. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED  WITHOUT  EXAM-
INATION  PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
ARTICLE, SUCH PERSON:
  1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO  THE  DEPART-
MENT;
  2.  (A)  HOLDS  A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR  EQUIVALENT
AS  DETERMINED  BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
BILITATION THERAPY; OR (C) HOLDS  A  BACHELOR'S  DEGREE  OR  HIGHER,  OR
EQUIVALENT  AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
IN SPECIAL EDUCATION AND (I) HAS  COMPLETED  ALL  ADDITIONALLY  REQUIRED
ELEMENTS  OF  THE  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD  AND  IN  ACCORDANCE
WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  (II)  HAS BEEN CERTIFIED IN
ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY  A
NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
  3.  SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
MENT IN THE PRACTICE OF ORIENTATION  AND  MOBILITY  TRAINING  OR  VISION
REHABILITATION  THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS, WHETHER SUCH  EXPERIENCE  OR  EMPLOYMENT
OCCURS WITHIN OR WITHOUT THIS STATE.
  S 8908. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
ANY OTHER SECTION OR PART THEREOF.
  S  2.  This  act  shall take effect July 1, 2015.  The commissioner of
education and the board of regents are  authorized  to  promulgate  such
rules  and  regulations  and take any other measures as may be necessary
for the timely implementation of this act on  or  before  its  effective
date,  including  but  not limited to the appointment of the state board
for vision rehabilitation services, the  acceptance  and  processing  of
applications for licensure, and the issuance of licenses.