Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Dec 11, 2015 |
vetoed memo.295 |
Nov 30, 2015 |
delivered to governor |
Jun 18, 2015 |
returned to senate passed assembly ordered to third reading rules cal.646 substituted for a5451c |
Jun 18, 2015 |
substituted by s4467c rules report cal.646 reported |
Jun 17, 2015 |
reported referred to rules |
Jun 16, 2015 |
reported referred to ways and means reported referred to codes |
Jun 11, 2015 |
print number 5451c |
Jun 11, 2015 |
amend (t) and recommit to higher education |
May 18, 2015 |
print number 5451b |
May 18, 2015 |
amend and recommit to higher education |
Apr 10, 2015 |
print number 5451a |
Apr 10, 2015 |
amend and recommit to higher education |
Feb 23, 2015 |
referred to higher education |
Assembly Bill A5451C
Vetoed By Governor2015-2016 Legislative Session
Provides for the licensing of licensed orientation and mobility specialists and vision rehabilitation therapists
download bill text pdfSponsored By
LUPARDO
Archive: Last Bill Status Via S4467 - Vetoed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Vetoed By Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 18, 2015
aye (63)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Floor Vote: May 27, 2015
aye (60)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
excused (3)
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May 18, 2015 - Rules Committee Vote
S446725Aye0Nay0Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: May 18, 2015
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May 5, 2015 - Higher Education Committee Vote
S446718Aye0Nay1Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
co-Sponsors
Richard Gottfried
Michele Titus
Amy Paulin
Linda Rosenthal
Jeffrey Dinowitz
N. Nick Perry
Michael Benedetto
Ellen C. Jaffee
William Colton
Alec Brook-Krasny
Joseph Morelle
Crystal Peoples-Stokes
Charles Lavine
David Weprin
Harry B. Bronson
Kenneth Zebrowski
Sam Roberts
Felix Ortiz
Fred Thiele
Francisco Moya
Anthony Brindisi
William Scarborough
Barbara Clark
Walter T. Mosley
Aileen Gunther
James Skoufis
David Buchwald
Patricia Fahy
Phillip Goldfeder
William Magnarelli
Sean Ryan
multi-Sponsors
Peter Abbate
Thomas Abinanti
Carmen E. Arroyo
Jeffrion Aubry
William A. Barclay
Kenneth Blankenbush
Edward Braunstein
James F. Brennan
Marc Butler
Kevin Cahill
John Ceretto
Vivian Cook
Jane Corwin
Marcos Crespo
Clifford Crouch
Brian F. Curran
Michael Cusick
Steven Cymbrowitz
Maritza Davila
Janet Duprey
Steven Englebright
Herman D. Farrell
Gary Finch
Michael J. Fitzpatrick
Sandy Galef
Andrew R. Garbarino
Andrew Goodell
Al Graf
Stephen Hawley
Andrew Hevesi
Earlene Hooper
Mark C. Johns
Mickey Kearns
Ron Kim
Joseph Lentol
Barbara Lifton
Chad A. Lupinacci
William Magee
Nicole Malliotakis
Margaret Markey
John T. McDonald III
David McDonough
Thomas McKevitt
Steven McLaughlin
Michael G. Miller
Michael Montesano
Robert Oaks
Philip Palmesano
Edward Ra
Andrew Raia
Addie Jenne
Joseph Saladino
Michelle Schimel
Michael Simanowitz
Dan Stec
Phil Steck
Claudia Tenney
Matthew Titone
Raymond Walter
2015-A5451 - Details
2015-A5451 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5451 2015-2016 Regular Sessions I N A S S E M B L Y February 23, 2015 ___________ Introduced by M. of A. LUPARDO, GOTTFRIED, TITUS, PAULIN, 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-Sponsored by -- M. of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRAUN- STEIN, BRENNAN, BUTLER, CAHILL, CAMARA, CERETTO, COOK, CORWIN, CRESPO, CROUCH, CURRAN, CUSICK, CYMBROWITZ, DAVILA, DUPREY, ENGLEBRIGHT, FARRELL, FINCH, FITZPATRICK, GALEF, GARBARINO, GOODELL, GRAF, HAWLEY, HEVESI, HOOPER, JOHNS, KEARNS, KIM, LENTOL, LIFTON, LUPINACCI, MAGEE, MALLIOTAKIS, MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN, MILL- ER, MONTESANO, OAKS, PALMESANO, RA, RAIA, RUSSELL, SALADINO, SCHIMEL, SIMANOWITZ, STEC, STECK, TENNEY, TITONE, WALTER -- 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 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". 8903. STATE BOARD FOR VISION REHABILITATION SERVICES. 8904. REQUIREMENTS FOR A LICENSE. 8905. LIMITED PERMITS. 8906. EXEMPT PERSONS. 8907. SPECIAL PROVISIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07767-01-5
A. 5451 2 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 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 A. 5451 3 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. 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; A. 5451 4 (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 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 A. 5451 5 DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, 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 SIXTEEN 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 THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE. A. 5451 6 (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- 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. A. 5451 7 (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 SIXTEEN, 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 SIXTEEN 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 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 A. 5451 8 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 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; A. 5451 9 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. 7. THE PROVISION OF ORIENTATION AND MOBILITY TRAINING SERVICES AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE OR VISION REHABILITATION THERAPY AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE TO THE EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF ORIENTATION AND MOBILITY TRAINING SERVICES OR VISION REHABILITATION SERVICES, BY ANY NOT-FOR-PROFIT CORPO- RATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE, PROVIDED THAT SUCH ENTITIES OFFERING ORIENTATION AND MOBILITY TRAINING SERVICES OR VISION REHABILITATION SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL APPRO- PRIATELY LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES. 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, 2016. 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 A. 5451 10 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.
co-Sponsors
Richard Gottfried
Michele Titus
Amy Paulin
Linda Rosenthal
Jeffrey Dinowitz
N. Nick Perry
Michael Benedetto
Ellen C. Jaffee
William Colton
Alec Brook-Krasny
Joseph Morelle
Crystal Peoples-Stokes
Charles Lavine
David Weprin
Harry B. Bronson
Kenneth Zebrowski
Sam Roberts
Felix Ortiz
Fred Thiele
Francisco Moya
Anthony Brindisi
Barbara Clark
Walter T. Mosley
Aileen Gunther
James Skoufis
David Buchwald
Patricia Fahy
Phillip Goldfeder
William Magnarelli
Sean Ryan
Todd Kaminsky
multi-Sponsors
Peter Abbate
Thomas Abinanti
Carmen E. Arroyo
Jeffrion Aubry
William A. Barclay
Kenneth Blankenbush
Edward Braunstein
James F. Brennan
Marc Butler
Kevin Cahill
John Ceretto
Vivian Cook
Jane Corwin
Marcos Crespo
Clifford Crouch
Brian F. Curran
Michael Cusick
Steven Cymbrowitz
Maritza Davila
Janet Duprey
Steven Englebright
Herman D. Farrell
Gary Finch
Michael J. Fitzpatrick
Sandy Galef
Andrew R. Garbarino
Andrew Goodell
Al Graf
Stephen Hawley
Andrew Hevesi
Earlene Hooper
Mark C. Johns
Mickey Kearns
Ron Kim
Kieran Michael Lalor
Joseph Lentol
Barbara Lifton
Chad A. Lupinacci
William Magee
Nicole Malliotakis
Margaret Markey
John T. McDonald III
David McDonough
Thomas McKevitt
Steven McLaughlin
Michael G. Miller
Michael Montesano
Robert Oaks
Philip Palmesano
Edward Ra
Andrew Raia
Addie Jenne
Joseph Saladino
Michelle Schimel
Michael Simanowitz
Dan Stec
Phil Steck
Claudia Tenney
Matthew Titone
Raymond Walter
2015-A5451A - Details
2015-A5451A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5451--A 2015-2016 Regular Sessions I N A S S E M B L Y February 23, 2015 ___________ Introduced by M. of A. LUPARDO, GOTTFRIED, TITUS, PAULIN, 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-Sponsored by -- M. of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRAUN- STEIN, BRENNAN, BUTLER, CAHILL, CERETTO, COOK, CORWIN, CRESPO, CROUCH, CURRAN, CUSICK, CYMBROWITZ, DAVILA, DUPREY, ENGLEBRIGHT, FARRELL, FINCH, FITZPATRICK, GALEF, GARBARINO, GOODELL, GRAF, HAWLEY, HEVESI, HOOPER, JOHNS, KEARNS, KIM, LENTOL, LIFTON, LUPINACCI, MAGEE, MALLIO- TAKIS, MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN, MILLER, MONTESANO, OAKS, PALMESANO, RA, RAIA, RUSSELL, SALADINO, SCHIMEL, SIMANOWITZ, STEC, STECK, TENNEY, TITONE, WALTER -- read once and referred to the Committee on Higher Education -- committee discharged, bill amended, 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". 8903. STATE BOARD FOR VISION REHABILITATION SERVICES. 8904. REQUIREMENTS FOR A LICENSE. 8905. LIMITED PERMITS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07767-02-5
A. 5451--A 2 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 REFERRAL. VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES. A. 5451--A 3 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. 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. 5451--A 4 (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) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARD FOR VISION REHABILITATION SERVICES IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. (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. 5451--A 5 DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, 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 SIXTEEN 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. 5451--A 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 STATE BOARD FOR VISION REHABILITATION SERVICES IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. (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- TICE OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION A. 5451--A 7 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 SIXTEEN, 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 SIXTEEN 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 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE A. 5451--A 8 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 DULY LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS A. 5451--A 9 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. 7. THE PROVISION OF ORIENTATION AND MOBILITY TRAINING SERVICES AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE OR VISION REHABILITATION THERAPY AS DEFINED IN SUBDIVISION TWO OF SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE TO THE EXTENT PERMISSIBLE WITHIN THE SCOPE OF PRACTICE OF ORIENTATION AND MOBILITY TRAINING SERVICES OR VISION REHABILITATION SERVICES, BY ANY NOT-FOR-PROFIT CORPO- RATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE STATE OF NEW YORK AND OPERATING UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE HUNDRED THREE-A OF THIS TITLE, PROVIDED THAT SUCH ENTITIES OFFERING ORIENTATION AND MOBILITY TRAINING SERVICES OR VISION REHABILITATION SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN INDIVIDUAL APPRO- PRIATELY LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES. 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. A. 5451--A 10 S 2. This act shall take effect eighteen months after it shall have become a law; provided, however, that paragraph (g) of subdivision 1 of section 8904 of the education law as added by section one of this act shall take effect fifty-four months after it shall have become a law. 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 proc- essing of applications for licensure, and the issuance of licenses.
co-Sponsors
Richard Gottfried
Michele Titus
Amy Paulin
Linda Rosenthal
Jeffrey Dinowitz
N. Nick Perry
Michael Benedetto
Ellen C. Jaffee
William Colton
Alec Brook-Krasny
Joseph Morelle
Crystal Peoples-Stokes
Charles Lavine
David Weprin
Harry B. Bronson
Kenneth Zebrowski
Sam Roberts
Felix Ortiz
Fred Thiele
Francisco Moya
Anthony Brindisi
Barbara Clark
Walter T. Mosley
Aileen Gunther
James Skoufis
David Buchwald
Patricia Fahy
Phillip Goldfeder
William Magnarelli
Sean Ryan
Todd Kaminsky
Albert A. Stirpe
Victor M. Pichardo
multi-Sponsors
Peter Abbate
Thomas Abinanti
Carmen E. Arroyo
Jeffrion Aubry
William A. Barclay
Kenneth Blankenbush
Edward Braunstein
James F. Brennan
Marc Butler
Kevin Cahill
John Ceretto
Vivian Cook
Jane Corwin
Marcos Crespo
Clifford Crouch
Brian F. Curran
Michael Cusick
Steven Cymbrowitz
Maritza Davila
Janet Duprey
Steven Englebright
Herman D. Farrell
Gary Finch
Michael J. Fitzpatrick
Sandy Galef
Andrew R. Garbarino
Andrew Goodell
Al Graf
Stephen Hawley
Andrew Hevesi
Earlene Hooper
Mark C. Johns
Mickey Kearns
Ron Kim
Kieran Michael Lalor
Joseph Lentol
Barbara Lifton
Chad A. Lupinacci
William Magee
Nicole Malliotakis
Margaret Markey
John T. McDonald III
David McDonough
Thomas McKevitt
Steven McLaughlin
Michael G. Miller
Michael Montesano
Robert Oaks
Philip Palmesano
Edward Ra
Andrew Raia
Addie Jenne
Joseph Saladino
Michelle Schimel
Michael Simanowitz
Jo Anne Simon
Dan Stec
Phil Steck
Claudia Tenney
Matthew Titone
Raymond Walter
2015-A5451B - Details
2015-A5451B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5451--B 2015-2016 Regular Sessions I N A S S E M B L Y February 23, 2015 ___________ Introduced by M. of A. LUPARDO, GOTTFRIED, TITUS, PAULIN, ROSENTHAL, DINOWITZ, PERRY, BENEDETTO, JAFFEE, COLTON, BROOK-KRASNY, MORELLE, PEOPLES-STOKES, LAVINE, WEPRIN, BRONSON, ZEBROWSKI, ROBERTS, ORTIZ, THIELE, MOYA, BRINDISI, CLARK, MOSLEY, GUNTHER, SKOUFIS, BUCHWALD, FAHY, GOLDFEDER, MAGNARELLI, RYAN, KAMINSKY -- Multi-Sponsored by -- M. of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRAUN- STEIN, BRENNAN, BUTLER, CAHILL, CERETTO, COOK, CORWIN, CRESPO, CROUCH, CURRAN, CUSICK, CYMBROWITZ, DAVILA, DUPREY, ENGLEBRIGHT, FARRELL, FINCH, FITZPATRICK, GALEF, GARBARINO, GOODELL, GRAF, HAWLEY, HEVESI, HOOPER, JOHNS, KEARNS, KIM, LALOR, LENTOL, LIFTON, LUPINACCI, MAGEE, MALLIOTAKIS, MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN, MILL- ER, MONTESANO, OAKS, PALMESANO, RA, RAIA, RUSSELL, SALADINO, SCHIMEL, SIMANOWITZ, STEC, STECK, TENNEY, TITONE, WALTER -- read once and referred to the Committee on Higher Education -- 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". 8903. STATE BOARD FOR VISION REHABILITATION SERVICES. 8904. REQUIREMENTS FOR A LICENSE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07767-09-5
A. 5451--B 2 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 REFERRAL. VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES. A. 5451--B 3 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. 6. "BOARD" SHALL MEAN THE STATE BOARD FOR VISION REHABILITATION SERVICES AS PROVIDED FOR IN SECTION EIGHTY-NINE THOUSAND THREE OF THIS ARTICLE. 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 EIGHT INDIVIDUALS, TWO OF WHOM SHALL BE LICENSED ORIENTATION AND MOBILITY SPECIALISTS, TWO OF WHOM SHALL BE LICENSED VISION REHABILI- TATION THERAPISTS, ONE OPHTHALMOLOGIST SPECIALIZING IN LOW VISION TREAT- MENT, ONE OPTOMETRIST SPECIALIZING IN LOW VISION TREATMENT AND TWO OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE BOARD FROM ORGANIZATIONS 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, TWO SHALL BE APPOINTED FOR A THREE YEAR TERM, THREE SHALL BE APPOINTED FOR A FOUR YEAR TERM, AND THREE SHALL BE APPOINTED FOR A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR FIVE YEAR TERMS. IN THE EVENT THAT MORE THAN EIGHT MEMBERS ARE APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIENTATION AND MOBILITY SPECIAL- ISTS AND LICENSED VISION REHABILITATION THERAPISTS. 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. 5451--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 BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; (C) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT; AND (F) REGISTRATION: ALL LICENSED ORIENTATION AND MOBILITY SPECIALISTS SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATION. 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 BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; (C) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT; AND (F) REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS- SIONER'S REGULATIONS. S 8905. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO THIS ARTICLE: 1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS ALL QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI- ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR. 2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR. 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE SEVENTY DOLLARS. 4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. 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 A. 5451--B 5 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". 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. 7. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A LICENSED TEACHER OF THE VISUALLY IMPAIRED FROM PERFORMING ANY OF THE DUTIES, TASKS OR RESPONSIBILITIES WITHIN THAT SCOPE OF PRACTICE. S 8907. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS FOR A LICENSE OR CERTIFICATION AS A LICENSED ORIENTATION AND MOBILITY SPECIALIST OR A VISION REHABILITATION THERAPIST, EXCEPT FOR EXAMINATION, EXPERIENCE AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFYING BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, MAY BE LICENSED, WITHOUT MEETING ADDI- TIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCATION, PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION. 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. The education law is amended by adding a new section 6503-c to read as follows: S 6503-C. WAIVER FOR CERTAIN NOT-FOR-PROFIT CORPORATIONS AND EDUCATION CORPORATIONS PROVIDING ORIENTATION AND MOBILITY TRAINING SERVICES OR VISION REHABILITATION SERVICES. 1. WAIVER. A. NO NOT-FOR-PROFIT CORPO- RATION OR EDUCATION CORPORATION MAY EMPLOY INDIVIDUALS LICENSED PURSUANT A. 5451--B 6 TO THIS TITLE TO PROVIDE ORIENTATION AND MOBILITY TRAINING SERVICES OR VISION REHABILITATION SERVICES, UNLESS SUCH NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION OBTAINS A WAIVER PURSUANT TO THIS SECTION. ALL NOT-FOR-PROFIT CORPORATIONS OR EDUCATION CORPORATIONS APPROVED BY THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENC- ING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND SEVEN- TEEN. 2. OBTAINING A WAIVER. A. A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION SHALL OBTAIN AN APPLICATION FOR A WAVIER ON A FORM PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ISSUE A WAIVER ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN TO AN ENTITY WHICH WAS CREATED BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION IF THERE IS DEMONSTRATION OF NEED OF THE ENTITY'S SERVICES SATISFACTORY TO THE DEPARTMENT. THE APPLICATION FOR AN INITIAL WAIVER SHALL BE ACCOMPANIED BY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS. B. WITHIN ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART- MENT'S WEBSITE, A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, CORPO- RATION MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPARTMENT SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE DEPARTMENT RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS C, D AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF THE WAIVER APPLICATION IS DENIED THE CORPORATION SHALL CEASE PROVIDING SERVICES PURSUANT TO THIS SUBDIVISION IN THE STATE OF NEW YORK. C. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS SECTION, DIRECTLY OR INDIRECTLY, SHALL BE PROVIDED ONLY BY A PERSON APPROPRIATELY LICENSED TO PROVIDE SUCH SERVICES, EXCEPT AS OTHERWISE PROVIDED IN LAW, OR BY A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES. D. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU- ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICATION SHALL INCLUDE: (I) THE NAME OF THE NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION; (II) THE NAMES OF THE DIRECTORS OR TRUSTEES AND OFFICERS OF SUCH CORPORATION; (III) A LISTING OF ANY OTHER JURISDICTIONS WHERE SUCH CORPORATION MAY PROVIDE SERVICES; AND (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY SUCH CORPORATION TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO BE PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS TITLE IN WHICH PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH CORPORATION; INCLUDES A STATEMENT THAT, UNLESS OTHERWISE AUTHORIZED BY LAW, THE CORPORATION SHALL ONLY PROVIDE SERVICES AUTHORIZED UNDER THIS SECTION; INCLUDES A STATEMENT THAT ONLY A LICENSED PROFESSIONAL, A PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE SUCH SERVICES AS AUTHORIZED UNDER THIS SECTION; AND ATTESTS TO THE ADEQUACY OF THE CORPORATION'S FISCAL AND FINANCIAL RESOURCES TO PROVIDE SUCH SERVICES. SUCH APPLICA- TION SHALL ALSO INCLUDE ANY OTHER INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPARTMENT. A CORPORATION WITH AN APPROVED WAIVER MAY APPLY, ON A FORM PRESCRIBED BY THE COMMISSIONER, TO AMEND THE WAIVER TO ADD ADDITIONAL PROFESSIONAL SERVICES. E. EACH OFFICER, TRUSTEE AND DIRECTOR OF SUCH CORPORATION SHALL PROVIDE AN ATTESTATION REGARDING HIS OR HER GOOD MORAL CHARACTER AS A. 5451--B 7 REQUIRED PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION. THE COMMISSIONER SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS RELATING TO THE STANDARDS OF THE WAIVER FOR NOT-FOR-PROFIT CORPORATIONS AND EDUCATION CORPORATIONS PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL INCLUDE STANDARDS RELATING TO THE CORPORATION'S ABILITY TO PROVIDE SERVICES, THE CORPORATION'S MAINTENANCE OF STUDENT OR CLIENT AND BUSI- NESS RECORDS, THE CORPORATION'S FISCAL POLICIES, AND SUCH OTHER STAND- ARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER. F. THE NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION OPERATING PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH SITE WHERE SERVICES ARE PROVIDED TO THE PUBLIC, A CERTIFICATE OF SUCH WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE CORPORATION AND THE ADDRESS OF THE SITE. SUCH CORPORATIONS SHALL OBTAIN FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC. EACH CORPORATION SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS. EXCEPT AS OTHER- WISE PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING THE CORPORATION SHALL CHANGE, THE CORPORATION SHALL BE REQUIRED TO PROVIDE SUCH UPDATED INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS. G. ALL OFFICERS, TRUSTEES AND DIRECTORS OF SUCH CORPORATIONS SHALL BE OF GOOD MORAL CHARACTER. CORPORATIONS OPERATING PURSUANT TO A WAIVER AND THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME DUE PROCESS PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND PROFESSIONAL SERVICES CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION SHALL BE TRANSFERABLE OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE COMMISSIONER. 3. RENEWAL OF WAIVER. ALL NOT-FOR-PROFIT CORPORATION AND EDUCATION CORPORATION WAIVERS SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT. THE TRIENNIAL WAIVER FEE SHALL BE TWO HUNDRED SIXTY DOLLARS OR A PRO-RATED PORTION THEREOF AS DETERMINED BY THE DEPARTMENT. 4. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE LOCATION OF THE CHIEF ADMINISTRATIVE OFFICES OF A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION IS CONTEMPLATED, THE OWNER SHALL NOTIFY THE OFFICE OF PROFESSIONS OF THE DEPARTMENT OF THE CHANGE OF LOCATION AT LEAST THIRTY DAYS PRIOR TO RELOCATION. 5. PROFESSIONAL PRACTICE. A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION OPERATING UNDER A WAIVER SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT TO THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES PURSUANT TO THIS TITLE EXCEPT AS AUTHORIZED BY THIS SECTION OR OTHERWISE AUTHORIZED BY LAW. 6. SUPERVISION OF PROFESSIONAL PRACTICE. A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION SHALL BE UNDER THE SUPERVISION OF THE REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK AND BE SUBJECT TO DISCIPLI- NARY PROCEEDINGS AND PENALTIES. A NOT-FOR-PROFIT CORPORATION OR EDUCA- TION CORPORATION OPERATING UNDER A WAIVER SHALL BE SUBJECT TO SUSPEN- SION, REVOCATION OR ANNULMENT OF THE WAIVER FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS IN THE PROVISIONS OF THIS TITLE RELATING TO THE APPLICABLE PROFESSION. S 3. This act shall take effect eighteen months after it shall have become a law. 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 A. 5451--B 8 acceptance and processing of applications for licensure, and the issu- ance of licenses.
co-Sponsors
Richard Gottfried
Michele Titus
Amy Paulin
Linda Rosenthal
Jeffrey Dinowitz
N. Nick Perry
Michael Benedetto
Ellen C. Jaffee
William Colton
Joseph Morelle
Crystal Peoples-Stokes
Charles Lavine
David Weprin
Harry B. Bronson
Kenneth Zebrowski
Felix Ortiz
Fred Thiele
Francisco Moya
Anthony Brindisi
Barbara Clark
Walter T. Mosley
Aileen Gunther
James Skoufis
David Buchwald
Patricia Fahy
Phillip Goldfeder
William Magnarelli
Sean Ryan
Todd Kaminsky
Albert A. Stirpe
Victor M. Pichardo
multi-Sponsors
Peter Abbate
Thomas Abinanti
Carmen E. Arroyo
Jeffrion Aubry
William A. Barclay
Kenneth Blankenbush
Edward Braunstein
James F. Brennan
Marc Butler
Kevin Cahill
John Ceretto
Vivian Cook
Jane Corwin
Marcos Crespo
Clifford Crouch
Brian F. Curran
Michael Cusick
Steven Cymbrowitz
Maritza Davila
Janet Duprey
Steven Englebright
Herman D. Farrell
Gary Finch
Michael J. Fitzpatrick
Sandy Galef
Andrew R. Garbarino
Andrew Goodell
Al Graf
Stephen Hawley
Andrew Hevesi
Earlene Hooper
Mark C. Johns
Mickey Kearns
Ron Kim
Kieran Michael Lalor
Joseph Lentol
Barbara Lifton
Chad A. Lupinacci
William Magee
Nicole Malliotakis
Margaret Markey
John T. McDonald III
David McDonough
Thomas McKevitt
Steven McLaughlin
Michael G. Miller
Michael Montesano
Robert Oaks
Philip Palmesano
Edward Ra
Andrew Raia
Addie Jenne
Joseph Saladino
Michelle Schimel
Michael Simanowitz
Jo Anne Simon
Dan Stec
Phil Steck
Claudia Tenney
Matthew Titone
Raymond Walter
2015-A5451C (ACTIVE) - Details
2015-A5451C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5451--C 2015-2016 Regular Sessions I N A S S E M B L Y February 23, 2015 ___________ Introduced by M. of A. LUPARDO, GOTTFRIED, TITUS, PAULIN, ROSENTHAL, DINOWITZ, PERRY, BENEDETTO, JAFFEE, COLTON, BROOK-KRASNY, MORELLE, PEOPLES-STOKES, LAVINE, WEPRIN, BRONSON, ZEBROWSKI, ROBERTS, ORTIZ, THIELE, MOYA, BRINDISI, CLARK, MOSLEY, GUNTHER, SKOUFIS, BUCHWALD, FAHY, GOLDFEDER, MAGNARELLI, RYAN, KAMINSKY, STIRPE, PICHARDO -- Multi-Sponsored by -- M. of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRAUNSTEIN, BRENNAN, BUTLER, CAHILL, CERETTO, COOK, CORWIN, CRESPO, CROUCH, CURRAN, CUSICK, CYMBROWITZ, DAVILA, DUPREY, ENGLEBRIGHT, FARRELL, FINCH, FITZPATRICK, GALEF, GARBARINO, GOODELL, GRAF, HAWLEY, HEVESI, HOOPER, JOHNS, KEARNS, KIM, LALOR, LENTOL, LIFTON, LUPINACCI, MAGEE, MALLIOTAKIS, MARKEY, McDONALD, McDO- NOUGH, McKEVITT, McLAUGHLIN, MILLER, MONTESANO, OAKS, PALMESANO, RA, RAIA, RUSSELL, SALADINO, SCHIMEL, SIMANOWITZ, SIMON, STEC, STECK, TENNEY, TITONE, WALTER -- read once and referred to the Committee on Higher Education -- 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 -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee AN ACT to amend the education law, in relation to the licensing of vision impairment specialists and certification/specialization 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 IMPAIRMENT SPECIALISTS SECTION 8900. INTRODUCTION. 8901. DEFINITIONS. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07767-16-5
A. 5451--C 2 8902. USE OF TITLES. 8903. STATE BOARD FOR VISION IMPAIRMENT SPECIALISTS. 8904. REQUIREMENTS FOR A LICENSE AS A LOW VISION SPECIALIST. 8905. REQUIREMENTS FOR A LICENSE AS AN ORIENTATION AND MOBILITY SPECIALIST. 8906. REQUIREMENTS FOR A LICENSE AS A VISION REHABILITATION THERAPIST. 8907. LIMITED PERMITS. 8908. EXEMPT PERSONS. 8909. SPECIAL PROVISIONS. 8910. SEPARABILITY. S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION IMPAIRMENT SPECIALISTS, AND PROVIDES FOR THE LICENSING OF LOW VISION THERAPISTS, ORIENTATION AND MOBILITY SPECIALISTS AND VISION REHABILI- TATION THERAPISTS. 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 "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 THREE PROFESSIONS DEFINED IN THIS SECTION AS: (A) LOW VISION THERAPY, (B) ORIENTATION AND MOBILITY TRAINING, AND (C) VISION REHABILITATION THERAPY. SUCH SERVICES SHALL BE RENDERED ON THE PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO TREATMENT BY A LICENSED PHYSICIAN, NURSE PRACTITIONER, OPHTHALMOLOGIST 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. LOW VISION THERAPISTS, VISION REHABILITATION THERAPISTS, AND ORIENTATION AND MOBILITY SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES. 2. THE PRACTICE OF "LOW VISION THERAPY" SHALL MEAN: (A) PERFORMANCE OF FUNCTIONAL LOW VISION EVALUATION; (B) THE USE OF FUNCTIONAL VISION EVAL- UATION INSTRUMENTS TO ASSESS VISUAL ACUITY, VISUAL FIELDS, CONTRAST SENSITIVITY FUNCTION, COLOR VISION, STEREOPSIS, VISUAL PERCEPTUAL AND VISUAL MOTOR FUNCTIONING, LITERACY SKILLS IN READING AND WRITING, ETC. AS THEY RELATE TO VISION IMPAIRMENT AND DISABILITY; (C) EVALUATION OF WORK HISTORY, EDUCATIONAL PERFORMANCE, ACTIVITIES OF DAILY LIVING (ADL) AND INSTRUMENTAL ACTIVITIES OF DAILY LIVING (IADL) PERFORMANCE, USE OF TECHNOLOGY, QUALITY OF LIFE AND ASPECTS OF PSYCHOSOCIAL AND COGNITIVE FUNCTION; (D) WORK AS PART OF AN INTERDISCIPLINARY TEAM WITH OPHTHALMOL- OGISTS, OPTOMETRISTS, VISION REHABILITATION SPECIALISTS, ORIENTATION AND MOBILITY SPECIALISTS, REHABILITATION COUNSELORS, EDUCATORS, SPEECH PATHOLOGISTS, OCCUPATIONAL THERAPISTS, PHYSICAL THERAPISTS, PSYCHOL- OGISTS, SOCIAL WORKERS, NURSES, ORTHOPTISTS, OPTICIANS, OTHER PHYSI- CIANS, TECHNOLOGISTS, AND TECHNICIANS; (E) TRAINING THE USE OF SPECIFIC VISUAL PERCEPTUAL AND VISUAL MOTOR SKILLS; (F) TRAINING IN THE APPROPRI- ATE AND SAFE USE OF LOW VISION DEVICES; AND (G) INSTRUCTION IN THE USE OF ADAPTIVE EQUIPMENT. 3. THE PRACTICE OF "VISION IMPAIRMENT SPECIALIST" SHALL MEAN ONE WHO SPECIALIZES IN ORIENTATION AND MOBILITY TRAINING AND/OR VISION REHABILI- TATION THERAPY. A. 5451--C 3 4. 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. 5. 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. 6. "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. 7. "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. 8. "BOARD" SHALL MEAN THE STATE BOARD FOR VISION IMPAIRMENT SPECIAL- ISTS AS PROVIDED FOR IN SECTION EIGHTY-NINE THOUSAND THREE OF THIS ARTI- CLE. S 8902. USE OF TITLES. ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED UNDER THIS ARTICLE SHALL BE AUTHORIZED TO PRACTICE VISION REHABILITATION OR USE THE TITLE "LICENSED LOW VISION THERAPIST," "LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR "LICENSED ORIENTATION AND MOBILITY SPECIAL- IST" IN CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER PROFESSION. A. 5451--C 4 S 8903. STATE BOARD FOR VISION IMPAIRMENT SPECIALISTS. A STATE BOARD FOR VISION IMPAIRMENT SPECIALISTS 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 EIGHT INDIVIDUALS, TWO OF WHOM SHALL BE CERTIFIED ORIENTATION AND MOBILITY SPECIALISTS, TWO OF WHOM SHALL BE CERTIFIED VISION REHABIL- ITATION THERAPISTS, ONE OPHTHALMOLOGIST SPECIALIZING IN LOW VISION TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW VISION TREATMENT AND TWO OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE BOARD FROM ORGANIZATIONS OF THE BLIND OR VISUALLY IMPAIRED. MEMBERS OF THE INITIAL BOARD NEED NOT BE LICENSED OR CERTIFIED PRIOR TO THEIR APPOINTMENT TO THE BOARD, SO LONG AS THEY ARE CERTIFIED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD, ACCEPTABLE TO THE DEPARTMENT. OF THE MEMBERS FIRST APPOINTED, TWO SHALL BE APPOINTED FOR A THREE YEAR TERM, THREE SHALL BE APPOINTED FOR A FOUR YEAR TERM, AND THREE SHALL BE APPOINTED FOR A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR FIVE YEAR TERMS. IN THE EVENT THAT MORE THAN EIGHT MEMBERS ARE APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE CERTIFIED ORIENTATION AND MOBILITY SPECIALISTS AND CERTIFIED VISION REHABILITATION THERAPISTS. 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 8904. REQUIREMENTS FOR A LICENSE AS A LOW VISION THERAPIST. TO QUALIFY FOR A LICENSE AS A LOW VISION THERAPIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; 2. EDUCATION: HAVE SATISFACTORILY COMPLETED AN APPROVED CURRICULUM IN LOW VISION THERAPY, VISUAL DISABILITIES, VISION EDUCATION, VISION IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAUREATE OR GRADUATE LEVEL PROGRAM, OR A FOREIGN EQUIVALENT, SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND 3. EXPERIENCE: HAVE A MINIMUM OF SIX MONTHS OF SUPERVISED ORIENTATION AND MOBILITY EXPERIENCE WHICH SHALL BE SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; 6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT; AND 7. REGISTRATION: ALL LICENSED LOW VISION THERAPISTS SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATION. S 8905. REQUIREMENTS FOR A LICENSE AS AN ORIENTATION AND MOBILITY SPECIALIST. TO QUALIFY FOR A LICENSE AS AN ORIENTATION AND MOBILITY SPECIALIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; 2. EDUCATION: HAVE SATISFACTORILY COMPLETED AN APPROVED CURRICULUM IN ORIENTATION AND MOBILITY SERVICES, VISUAL DISABILITIES, VISION EDUCA- TION, VISION IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAUREATE OR GRADUATE LEVEL PROGRAMOR A FOREIGN EQUIVALENT, SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND 3. EXPERIENCE: HAVE A MINIMUM OF SIX MONTHS OF SUPERVISED ORIENTATION AND MOBILITY EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATIS- A. 5451--C 5 FACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; 6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT; AND 7. REGISTRATION: ALL LICENSED ORIENTATION AND MOBILITY SPECIALISTS SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATION. S 8906. REQUIREMENTS FOR A LICENSE AS A VISION REHABILITATION THERA- PIST. TO QUALIFY FOR A LICENSE AS A VISION REHABILITATION THERAPIST AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS: 1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT; 2. EDUCATION: HAVE SATISFACTORILY COMPLETED AN APPROVED CURRICULUM IN VISION REHABILITATION THERAPY, VISUAL DISABILITIES, VISION EDUCATION, VISION IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAUREATE OR GRADUATE LEVEL PROGRAM, OR A FOREIGN EQUIVALENT, SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 3. EXPERIENCE: HAVE A MINIMUM OF SIX MONTHS OF SUPERVISED VISION REHABILITATION THERAPIST EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; 5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE; 6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART- MENT; AND 7. REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS- SIONER'S REGULATIONS. S 8907. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO THIS ARTICLE: 1. ON THE RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS THE EDUCATION REQUIREMENTS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERIENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR. 2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR. 3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE SEVENTY DOLLARS. 4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. S 8908. 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 VISION IMPAIRMENT SPECIALIST: 1. THE PRACTICE OF LICENSED VISION IMPAIRMENT SPECIALIST AS AN INTE- GRAL PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN APPROVED EDUCA- TIONAL OR TRAINING PROGRAMS IN (A) LOW VISION THERAPY, (B) ORIENTATION AND MOBILITY TRAINING, OR (C) VISION REHABILITATION THERAPY. 2. THE PERFORMANCE OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES INCLUDED IN THE DEFINITION OF LOW VISION THERAPIST BY ANY OTHER DULY LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT A. 5451--C 6 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, HOWEVER, THAT SUCH PRACTI- TIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE "LICENSED LOW VISION THERAPIST". 3. 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 "CERTIFIED ORIENTATION AND MOBILITY SPECIALIST" OR "LICENSED VISION IMPAIRMENT SPECIALIST". 4. 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 REGULATIONS PURSUANT TO WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEVER, THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE "CERTIFIED VISION REHABILITATION THERAPIST" OR "LICENSED VISION IMPAIRMENT SPECIALIST". 5. 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. 6. THE PRACTICE OF VISION IMPAIRMENT SPECIALIST BY ANY LEGALLY QUALI- FIED PRACTITIONER OF VISION IMPAIRMENT SPECIALIST 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. 7. THE INSTRUCTION IN THE USE OF A DOG GUIDE. 8. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A LICENSED TEACHER OF THE VISUALLY IMPAIRED FROM PERFORMING ANY OF THE DUTIES, TASKS OR RESPONSIBILITIES WITHIN THAT SCOPE OF PRACTICE. 9. THE INSTRUCTION IN THE USE OF BRAILLE. S 8909. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS FOR A LICENSE AS A LICENSED VISION IMPAIRMENT SPECIALIST AND CERTIF- ICATION AS A CERTIFIED ORIENTATION AND MOBILITY SPECIALIST AND/OR A CERTIFIED VISION REHABILITATION THERAPIST, EXCEPT FOR EXAMINATION, EXPE- RIENCE AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL CERTIFYING BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS ACCEPTA- BLE TO THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITHOUT MEETING ADDITIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCATION, PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION. S 8910. 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. The education law is amended by adding a new section 6503-c to read as follows: S 6503-C. WAIVER FOR CERTAIN NOT-FOR-PROFIT CORPORATIONS AND EDUCATION CORPORATIONS PROVIDING ORIENTATION AND MOBILITY TRAINING SERVICES OR A. 5451--C 7 VISION REHABILITATION SERVICES. 1. WAIVER. A. NO NOT-FOR-PROFIT CORPO- RATION OR EDUCATION CORPORATION MAY EMPLOY INDIVIDUALS LICENSED PURSUANT TO THIS TITLE TO PROVIDE ORIENTATION AND MOBILITY TRAINING SERVICES OR VISION REHABILITATION SERVICES, UNLESS SUCH NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION OBTAINS A WAIVER PURSUANT TO THIS SECTION. ALL NOT-FOR-PROFIT CORPORATIONS OR EDUCATION CORPORATIONS APPROVED BY THE COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENC- ING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND SEVEN- TEEN. 2. OBTAINING A WAIVER. A. A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION SHALL OBTAIN AN APPLICATION FOR A WAVIER ON A FORM PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ISSUE A WAIVER ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN TO AN ENTITY WHICH WAS CREATED BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION IF THERE IS DEMONSTRATION OF NEED OF THE ENTITY'S SERVICES SATISFACTORY TO THE DEPARTMENT. THE APPLICATION FOR AN INITIAL WAIVER SHALL BE ACCOMPANIED BY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS. B. WITHIN ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART- MENT'S WEBSITE, A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE CORPO- RATION MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPARTMENT SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE DEPARTMENT RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS C, D AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF THE WAIVER APPLICATION IS DENIED THE CORPORATION SHALL CEASE PROVIDING SERVICES PURSUANT TO THIS SUBDIVISION IN THE STATE OF NEW YORK. C. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS SECTION, DIRECTLY OR INDIRECTLY, SHALL BE PROVIDED ONLY BY A PERSON APPROPRIATELY LICENSED TO PROVIDE SUCH SERVICES, EXCEPT AS OTHERWISE PROVIDED IN LAW, OR BY A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES. D. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU- ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER. SUCH APPLICATION SHALL INCLUDE: (I) THE NAME OF THE NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION; (II) THE NAMES OF THE DIRECTORS OR TRUSTEES AND OFFICERS OF SUCH CORPORATION; (III) A LISTING OF ANY OTHER JURISDICTIONS WHERE SUCH CORPORATION MAY PROVIDE SERVICES; AND (IV) AN ATTESTATION MADE BY AN OFFICER AUTHORIZED BY SUCH CORPORATION TO MAKE SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO BE PROVIDED; INCLUDES A LIST OF PROFESSIONS UNDER THIS TITLE IN WHICH PROFESSIONAL SERVICES WILL BE PROVIDED BY SUCH CORPORATION; INCLUDES A STATEMENT THAT, UNLESS OTHERWISE AUTHORIZED BY LAW, THE CORPORATION SHALL ONLY PROVIDE SERVICES AUTHORIZED UNDER THIS SECTION; INCLUDES A STATEMENT THAT ONLY A LICENSED PROFESSIONAL, A PERSON OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES, OR A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE SUCH SERVICES AS AUTHORIZED UNDER THIS SECTION; AND ATTESTS TO THE ADEQUACY OF THE CORPORATION'S FISCAL AND FINANCIAL RESOURCES TO PROVIDE SUCH SERVICES. SUCH APPLICA- TION SHALL ALSO INCLUDE ANY OTHER INFORMATION RELATED TO THE APPLICATION AS MAY BE REQUIRED BY THE DEPARTMENT. A CORPORATION WITH AN APPROVED WAIVER MAY APPLY, ON A FORM PRESCRIBED BY THE COMMISSIONER, TO AMEND THE WAIVER TO ADD ADDITIONAL PROFESSIONAL SERVICES. A. 5451--C 8 E. EACH OFFICER, TRUSTEE AND DIRECTOR OF SUCH CORPORATION SHALL PROVIDE AN ATTESTATION REGARDING HIS OR HER GOOD MORAL CHARACTER AS REQUIRED PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION. THE COMMISSIONER SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS RELATING TO THE STANDARDS OF THE WAIVER FOR NOT-FOR-PROFIT CORPORATIONS AND EDUCATION CORPORATIONS PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL INCLUDE STANDARDS RELATING TO THE CORPORATION'S ABILITY TO PROVIDE SERVICES, THE CORPORATION'S MAINTENANCE OF STUDENT OR CLIENT AND BUSI- NESS RECORDS, THE CORPORATION'S FISCAL POLICIES, AND SUCH OTHER STAND- ARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER. F. THE NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION OPERATING PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH SITE WHERE SERVICES ARE PROVIDED TO THE PUBLIC, A CERTIFICATE OF SUCH WAIVER ISSUED BY THE DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE CORPORATION AND THE ADDRESS OF THE SITE. SUCH CORPORATIONS SHALL OBTAIN FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE AT WHICH PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC. EACH CORPORATION SHALL BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS. EXCEPT AS OTHER- WISE PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, IF ANY INFORMATION SUPPLIED TO THE DEPARTMENT REGARDING THE CORPORATION SHALL CHANGE, THE CORPORATION SHALL BE REQUIRED TO PROVIDE SUCH UPDATED INFORMATION TO THE DEPARTMENT WITHIN SIXTY DAYS. G. ALL OFFICERS, TRUSTEES AND DIRECTORS OF SUCH CORPORATIONS SHALL BE OF GOOD MORAL CHARACTER. CORPORATIONS OPERATING PURSUANT TO A WAIVER AND THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME DUE PROCESS PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND PROFESSIONAL SERVICES CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION SHALL BE TRANSFERABLE OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE COMMISSIONER. 3. RENEWAL OF WAIVER. ALL NOT-FOR-PROFIT CORPORATION AND EDUCATION CORPORATION WAIVERS SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT. THE TRIENNIAL WAIVER FEE SHALL BE TWO HUNDRED SIXTY DOLLARS OR A PRO-RATED PORTION THEREOF AS DETERMINED BY THE DEPARTMENT. 4. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE LOCATION OF THE CHIEF ADMINISTRATIVE OFFICES OF A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION IS CONTEMPLATED, THE OWNER SHALL NOTIFY THE OFFICE OF PROFESSIONS OF THE DEPARTMENT OF THE CHANGE OF LOCATION AT LEAST THIRTY DAYS PRIOR TO RELOCATION. 5. PROFESSIONAL PRACTICE. A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION OPERATING UNDER A WAIVER SHALL NOT PRACTICE ANY PROFESSION LICENSED PURSUANT TO THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC AS AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES PURSUANT TO THIS TITLE EXCEPT AS AUTHORIZED BY THIS SECTION OR OTHERWISE AUTHORIZED BY LAW. 6. SUPERVISION OF PROFESSIONAL PRACTICE. A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION SHALL BE UNDER THE SUPERVISION OF THE REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK AND BE SUBJECT TO DISCIPLI- NARY PROCEEDINGS AND PENALTIES. A NOT-FOR-PROFIT CORPORATION OR EDUCA- TION CORPORATION OPERATING UNDER A WAIVER SHALL BE SUBJECT TO SUSPEN- SION, REVOCATION OR ANNULMENT OF THE WAIVER FOR CAUSE, IN THE SAME MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO INDIVIDUALS AND THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS IN THE PROVISIONS OF THIS TITLE RELATING TO THE APPLICABLE PROFESSION. S 3. This act shall take effect eighteen months after it shall have become a law. 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 A. 5451--C 9 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 issu- ance of licenses.
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