S T A T E O F N E W Y O R K
________________________________________________________________________
5581--B
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
___________
Introduced by M. of A. BING, GOTTFRIED, TITUS, PAULIN, WEISENBERG, JOHN,
ROSENTHAL, SPANO, DINOWITZ, PERRY, BENEDETTO, STIRPE, JAFFEE, COLTON,
HOYT, KOON, BROOK-KRASNY, MORELLE, PEOPLES-STOKES, LAVINE, D. WEPRIN,
CASTRO -- Multi-Sponsored by -- M. of A. AUBRY, BRENNAN, CYMBROWITZ,
DESTITO, FARRELL, GALEF, GORDON, HEVESI, HOOPER, KELLNER, LIFTON,
V. LOPEZ, LUPARDO, MAGEE, MAISEL, McENENY, J. MILLER, M. MILLER, PHEF-
FER, QUINN, SWEENEY, TITONE, TOWNS -- read once and referred to the
Committee on Higher Education -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
recommitted to the Committee on Higher Education in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said 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 167 to
read as follows:
ARTICLE 167
VISION REHABILITATION SERVICES
SECTION 8800. INTRODUCTION.
8801. DEFINITIONS.
8802. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY
SPECIALISTS" AND "VISION REHABILITATION THERAPISTS".
8803. STATE BOARD FOR VISION REHABILITATION SERVICES.
8804. REQUIREMENTS FOR A LICENSE.
8805. LIMITED PERMITS.
8806. EXEMPT PERSONS.
8807. SPECIAL PROVISIONS.
8808. SEPARABILITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03083-09-0
A. 5581--B 2
S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
REHABILITATION SERVICES, AND PROVIDES FOR THE LICENSING OF LICENSED
ORIENTATION AND MOBILITY SPECIALISTS AND VISION REHABILITATION THERA-
PISTS. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
S 8801. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. THE PRACTICE OF "ORIENTATION AND MOBILITY TRAINING" SHALL MEAN:
(A) THE ASSESSMENT OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY
IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN STRATE-
GIES TO GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS TAILORED TO MEET
SUCH INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND ADAPTIVE
DEVICES INTENDED AND DESIGNED FOR USE BY PERSONS WHO ARE VISUALLY
IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE
VISUALLY IMPAIRED, INCLUDING BUT NOT LIMITED TO ORIENTATION; SENSORY
DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG CANE TECHNIQUES;
RESOURCE IDENTIFICATION AND, AS APPROPRIATE, PROFESSIONAL REFERRALS;
AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D) THE
EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
ASSESSMENT OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS TAILORED TO MEET SUCH
INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND ADAPTIVE
DEVICES INTENDED AND DESIGNED FOR USE BY PERSONS WHO ARE VISUALLY
IMPAIRED, INCLUDING, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR
THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
ALLY IMPAIRED, INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT SKILLS;
HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
AS APPROPRIATE, PROFESSIONAL REFERRALS; AND (D) THE EVALUATION OF
PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
ING ASSESSMENT AND EVALUATION OF, AND TRAINING FOR, PERSONS WHO ARE
VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
PROFESSIONS DEFINED IN THIS SECTION AS: (A) ORIENTATION AND MOBILITY
TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES SHALL BE
RENDERED ON THE PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER THAT
NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
WHEN THE PERSON BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND OR LEGALLY BLIND AS THOSE
TERMS ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
ARE BEING RENDERED CONSISTENT WITH THAT DIAGNOSIS, PRESCRIPTION OR
REFERRAL. VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
4. "APPLIED SETTINGS" MEANS THOSE LOCATIONS WHERE PERSONS WHO ARE
VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES UTILIZING THE TOOLS
SUPPLIED AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
THIS ARTICLE.
A. 5581--B 3
5. "VISUALLY IMPAIRED" MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS BLIND IS ONE WHO HAS NO
USEABLE VISION. A PERSON WHO IS LEGALLY BLIND IS ONE WHO SATISFIES THE
DEFINITION SET FORTH IN SUBDIVISION B OF SECTION THREE OF CHAPTER FOUR
HUNDRED FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN. A PERSON WHO
IS PARTIALLY SIGHTED IS ONE WHO HAS FUNCTIONAL VISION IMPAIRMENT THAT
CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
DISEASE, TRAUMA, OR CONGENITAL CONDITION, THAT CANNOT BE FULLY AMELIO-
RATED BY STANDARD REFRACTIVE CORRECTION, MEDICATION, OR SURGERY, AND
THAT IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT VISUAL
RESOLUTION, INADEQUATE FIELD OF VISION OR REDUCED PEAK CONTRAST SENSI-
TIVITY.
S 8802. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
ISTS" AND "VISION REHABILITATION THERAPISTS". 1. PRACTICE OF ORIEN-
TATION AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR OTHERWISE AUTHOR-
IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
OR USE THE TITLE "LICENSED ORIENTATION AND MOBILITY SPECIALISTS" IN
CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
HIS OR HER PROFESSION.
2. PRACTICE OF VISION REHABILITATION THERAPY AND USE OF THE TITLE
"VISION REHABILITATION THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
APY OR USE THE TITLE "VISION REHABILITATION THERAPIST" IN CONNECTION
WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
PROFESSION.
S 8803. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY THE BOARD OF
REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFES-
SIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST OF NOT
LESS THAN THIRTEEN 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 THREE OF WHOM SHALL BE REPRESENTATIVES OF THE PUBLIC AT LARGE.
MEMBERS OF THE INITIAL BOARD NEED NOT BE LICENSED PRIOR TO THEIR
APPOINTMENT TO THE BOARD. OF THE MEMBERS FIRST APPOINTED, THREE SHALL BE
APPOINTED FOR A THREE YEAR TERM, FOUR SHALL BE APPOINTED FOR A FOUR YEAR
TERM, AND FOUR SHALL BE APPOINTED FOR A FIVE YEAR TERM. THEREAFTER ALL
MEMBERS SHALL SERVE FOR FIVE YEAR TERMS. IN THE EVENT THAT MORE THAN
THIRTEEN MEMBERS ARE APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS
SHALL BE LICENSED ORIENTATION AND MOBILITY SPECIALISTS 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 RECOMMEN-
DATION OF THE COMMISSIONER.
S 8804. REQUIREMENTS FOR A LICENSE. 1. TO QUALIFY FOR A LICENSE AS AN
ORIENTATION AND MOBILITY SPECIALIST, AN APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
(A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
(B) EDUCATION/EXPERIENCE: (I) HAVE SATISFACTORILY COMPLETED AN
APPROVED ORIENTATION AND MOBILITY CURRICULUM IN A BACCALAUREATE OR
MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
A. 5581--B 4
WHICH IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
(II) HAVE A MINIMUM OF THREE MONTHS OF SUPERVISED ORIENTATION AND
MOBILITY EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFAC-
TORY TO THE STATE BOARD FOR VISION REHABILITATION SERVICES AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
(C) EXAMINATION: PASS THE ACADEMY FOR CERTIFICATION OF VISION REHABIL-
ITATION AND EDUCATION PROFESSIONALS EXAMINATION OR ITS EQUIVALENT EXAM-
INATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'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
DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE
DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE, SHALL COMPLETE
CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF ONE-HALF
A. 5581--B 5
HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND
TWELVE UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS
NOT SATISFIED 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 CERTIF-
ICATE IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.
CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANS-
FERRED 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.
(VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
A. 5581--B 6
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 THE ACADEMY FOR CERTIFICATION OF VISION REHABIL-
ITATION AND EDUCATION PROFESSIONALS EXAMINATION OR ITS EQUIVALENT EXAM-
INATION SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'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
AND SHALL MEET SUCH MANDATORY CONTINUING COMPETENCY REQUIREMENTS AS
SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
A. 5581--B 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 TWELVE, 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 TWELVE 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. 5581--B 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 8805. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
FOLLOWS:
1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR AN ORIEN-
TATION AND MOBILITY SPECIALIST OR VISION REHABILITATION THERAPIST,
EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
PERMIT.
2. LIMIT OF PRACTICE. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
UNDER THE DIRECT SUPERVISION OF A LICENSED ORIENTATION AND MOBILITY
SPECIALIST OR A VISION REHABILITATION THERAPIST.
3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE BY THE DEPARTMENT THAT THE
APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
TEE OF FAILURE ON THE PROFESSIONAL LICENSING EXAMINATION, WHICHEVER
FIRST OCCURS.
4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
S 8806. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT
OR PREVENT THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
SPECIALIST OR VISION REHABILITATION THERAPIST:
1. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
2. THE PERFORMANCE OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
OTHER DULY LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER,
PROVIDED THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE
SCOPE OF HIS OR HER PRACTICE AS DEFINED IN THE ARTICLE PURSUANT TO WHICH
SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEVER,
THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE
"LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
ORIENTATION AND MOBILITY TRAINING.
3. THE PERFORMANCE OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
DULY LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
OR HER PRACTICE AS DEFINED IN THE ARTICLE PURSUANT TO WHICH SUCH PERSON
IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEVER, THAT SUCH PRAC-
A. 5581--B 9
TITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE "LICENSED VISION
REHABILITATION THERAPIST" OR AS PERFORMING LICENSED VISION REHABILI-
TATION THERAPY.
4. THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN
THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
ANY PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN ASSISTANT
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
5. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
BILITATION THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF ORIENTATION
AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY OF ANY OTHER
STATE OR TERRITORY WHO IS SERVING IN THE ARMED FORCES OR THE PUBLIC
HEALTH SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE OF
HIS OR HER DUTIES.
6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
S 8807. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED WITHOUT EXAM-
INATION PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
ARTICLE, SUCH PERSON:
1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
MENT;
2. (A) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT
AS DETERMINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
BILITATION THERAPY; OR (C) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR
EQUIVALENT AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
IN SPECIAL EDUCATION AND (I) HAS COMPLETED ALL ADDITIONALLY REQUIRED
ELEMENTS OF THE ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD AND IN ACCORDANCE
WITH THE COMMISSIONER'S REGULATIONS; OR (II) HAS BEEN CERTIFIED IN
ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY
THE ACADEMY FOR CERTIFICATION OF VISION REHABILITATION AND EDUCATION
PROFESSIONALS OR AN EQUIVALENT NATIONAL CREDENTIALING BODY ACCEPTABLE TO
THE DEPARTMENT; AND
3. SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
MENT IN THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION
REHABILITATION THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS, WHETHER SUCH EXPERIENCE OR EMPLOYMENT
OCCURS WITHIN OR WITHOUT THIS STATE.
S 8808. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART THEREOF.
S 2. This act shall take effect July 1, 2012. The commissioner of
education and the board of regents are authorized to promulgate such
rules and regulations and take any other measures as may be necessary
for the timely implementation of this act on or before its effective
date, including but not limited to the appointment of the state board
for vision rehabilitation services, the acceptance and processing of
applications for licensure, and the issuance of licenses.