senate Bill S1262B

2009-2010 Legislative Session

Provides for the licensing of licensed orientation and mobility specialists and vision rehabilitation therapists

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2010 reported and committed to codes
May 05, 2010 print number 1262b
amend and recommit to higher education
Jan 06, 2010 referred to higher education
Jun 03, 2009 reported and committed to codes
Apr 21, 2009 print number 1262a
amend and recommit to higher education
Jan 28, 2009 referred to higher education

Votes

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Jun 9, 2010 - Higher Education committee Vote

S1262B
11
4
committee
11
Aye
4
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Higher Education Committee Vote: Jun 9, 2010

aye wr (3)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1262 - Bill Details

See Assembly Version of this Bill:
A5581B
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 167 §§8800 - 8808, Ed L

S1262 - Bill Texts

view summary

Provides for the licensing of licensed orientation and mobility specialists and vision rehabilitation therapists.

view sponsor memo
BILL NUMBER: S1262

TITLE OF BILL :
An act to amend the education law, in relation to the licensing of
orientation and mobility specialists and rehabilitation therapists


PURPOSE OR GENERAL IDEA OF BILL :
This bill would ensure the safety of persons who are blind or
partially sighted by licensing the trained vision rehabilitation
professionals who work with them to restore their independent
functioning within the home, the school, the workplace and the wider
community.

SUMMARY OF SPECIFIC PROVISIONS :
Creates a new article 167. §8801 sets out the definition used in the
article. §B802 outlines the use of the titles "licensed orientation
and mobility specialists and vision rehabilitation services. §8803
outlines the State Board for vision rehabilitation services. §8804
spells out the requirements for a license. §8805 establishes limited
permits. §8806 explains the exempt persons. §8807 outlines special
provisions and §8808 reparability provisions.

JUSTIFICATION :
According to the 1995 LIGHTHOUSE NATIONAL SURVEY ON VISION LOSS,
conducted by Louis Harris and Associates, Inc., one in six adults age
45 and older, representing 13.5 million Americans, report some form of
vision impairment even when wearing glasses. Better than half of
those report a severe impairment. More than one million New Yorkers
are estimated to be included in this group, with higher prevalence
among women, minorities, and people with low income. The percentage of
the population that is visually impaired has grown at disproportionate
rates, due in large measure to the rapid increases in the number of
people who are living longer and thus experiencing age related vision
loss from macular degeneration, diabetic retinopathy, glaucoma,
cataracts and other conditions. The need for vision rehabilitation
services has burgeoned proportionately. with the shrinking of
government and private resources available for health care and social
services, time and money can be saved by providing specially trained
vision rehabilitation professionals to work with persons who are
visually impaired. This bill offers a viable strategy for providing
the greatest breadth of vision rehabilitation services to thousands of
people who are blind or partially sighted, with vastly different
levels of needs, in the most cost-effective fashion. It ensures that
the professionals who provide these services will possess the highest
level of specialized skills, expertise and experience.

PRIOR LEGISLATIVE HISTORY :
New bill.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect July 1, 2011. 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.
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The Bill text is not available.

Co-Sponsors

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S1262A - Bill Details

See Assembly Version of this Bill:
A5581B
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 167 §§8800 - 8808, Ed L

S1262A - Bill Texts

view summary

Provides for the licensing of licensed orientation and mobility specialists and vision rehabilitation therapists.

view sponsor memo
BILL NUMBER: S1262A

TITLE OF BILL :
An act to amend the education law, in relation to the licensing of
orientation and mobility specialists and rehabilitation therapists


PURPOSE OR GENERAL IDEA OF BILL :
This bill would ensure the safety of persons who are blind or
partially sighted by licensing the trained vision rehabilitation
professionals who work with them to restore their independent
functioning within the home, the school, the workplace and the wider
community.

SUMMARY OF SPECIFIC PROVISIONS :
Creates a new article 167. §8801 sets out the definition used in the
article. §B802 outlines the use of the titles "licensed orientation
and mobility specialists and vision rehabilitation services. §8803
outlines the State Board for vision rehabilitation services. §8804
spells out the requirements for a license. §8805 establishes limited
permits. §8806 explains the exempt persons. §8807 outlines special
provisions and §8808 reparability provisions.

JUSTIFICATION :
According to the 1995 LIGHTHOUSE NATIONAL SURVEY ON VISION LOSS,
conducted by Louis Harris and Associates, Inc., one in six adults age
45 and older, representing 13.5 million Americans, report some form of
vision impairment even when wearing glasses. Better than half of those
report a severe impairment. More than one million New Yorkers are
estimated to be included in this group, with higher prevalence among
women, minorities, and people with low income. The percentage of the
population that is visually impaired has grown at disproportionate
rates, due in large measure to the rapid increases in the number of
people who are living longer and thus experiencing age related vision
loss from macular degeneration, diabetic retinopathy, glaucoma,
cataracts and other conditions. The need for vision rehabilitation
services has burgeoned proportionately. with the shrinking of
government and private resources available for health care and social
services, time and money can be saved by providing specially trained
vision rehabilitation professionals to work with persons who are
visually impaired. This bill offers a viable strategy for providing
the greatest breadth of vision rehabilitation services to thousands of
people who are blind or partially sighted, with vastly different
levels of needs, in the most cost-effective fashion. It ensures that
the professionals who provide these services will possess the highest
level of specialized skills, expertise and experience.

PRIOR LEGISLATIVE HISTORY :
New bill.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act shall take effect July 1, 2011. 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.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1262--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens.  C. JOHNSON,  HASSELL-THOMPSON, ONORATO, SAVINO --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Higher  Education  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03083-05-9

S. 1262--A                          2

  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.
  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

S. 1262--A                          3

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
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-

S. 1262--A                          4

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 ELEVEN, 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
ELEVEN 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.

S. 1262--A                          5

  (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-
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;

S. 1262--A                          6

  (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.
  (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

S. 1262--A                          7

AFTER JANUARY FIRST, TWO  THOUSAND  ELEVEN,  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 ELEVEN 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
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.

S. 1262--A                          8

  (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-
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.

S. 1262--A                          9

  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, 2011.    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.

Co-Sponsors

view additional co-sponsors

S1262B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5581B
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 167 §§8800 - 8808, Ed L

S1262B (ACTIVE) - Bill Texts

view summary

Provides for the licensing of licensed orientation and mobility specialists and vision rehabilitation therapists.

view sponsor memo
BILL NUMBER: S1262B

TITLE OF BILL :
An act to amend the education law, in relation to the licensing of
orientation and mobility specialists and rehabilitation therapists


PURPOSE OR GENERAL IDEA OF BILL :
This bill would ensure the safety of persons who are blind or
partially sighted by licensing the trained vision rehabilitation
professionals who work with them to restore their independent
functioning within the home, the school, the workplace and the wider
community .

SUMMARY OF SPECIFIC PROVISIONS :
Creates a new article 167, §8801 sets out the definition used in the
article. §8802 outlines the use of the titles "licensed orientation
and mobility specialists and vision rehabilitation services. §8803
outlines the State Board for vision rehabilitation services. §8804
spells out the requirements for a license. §8805 establishes limited
permits. §8806 explains the exempt persons. §8807 outlines special
provisions and §8808 reparability provisions.

JUSTIFICATION :
According to the 1995 LIGHTHOUSE NATIONAL SURVEY ON VISION LOSS,
conducted by Louis Harris and Associates Inc., one in six adults age
45 and older, representing 13.5 million Americans, report some form of
vision impairment even when wearing glasses. Better than half of
those report a severe impairment. More than one million New Yorkers
are estimated to be included in this group, with higher prevalence
among women, minorities, and people with low income. The percentage of
the population that is visually impaired has grown at disproportionate
rates, due in large measure to the rapid increases in the number of
people who are living longer and thus experiencing age related vision
loss from macular degeneration, diabetic retinopathy, glaucoma,
cataracts and other conditions. The need for vision rehabilitation
services has burgeoned proportionately, with the shrinking of
government and private resources available for health care and social
services, time and money can be saved by providing specially trained
vision rehabilitation professionals to work with persons who are
visually impaired. This bill offers a viable strategy for providing
the greatest breadth of vision rehabilitation services to thousands of
people who are blind or partially sighted, with vastly different
levels of needs, in the most cost-effective fashion. It ensures that
the professionals who provide these services will possess the highest
level of specialized skills, expertise and experience.

PRIOR LEGISLATIVE HISTORY :
New bill.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
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.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1262--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sens. C. JOHNSON, ADDABBO, FOLEY, GRIFFO, HASSELL-THOMP-
  SON, ONORATO, SAVINO -- read  twice  and  ordered  printed,  and  when
  printed  to  be  committed  to  the  Committee  on Higher Education --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee -- recommitted to the Committee on High-
  er  Education  in  accordance  with Senate Rule 6, sec. 8 -- 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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03083-08-0

S. 1262--B                          2

  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.
  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

S. 1262--B                          3

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
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;

S. 1262--B                          4

  (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
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.

S. 1262--B                          5

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-
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. 1262--B                          6

  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.
  (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

S. 1262--B                          7

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
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-

S. 1262--B                          8

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-
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

S. 1262--B                          9

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.

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