LBD07767-17-5
S. 4467--C 2
8909. SPECIAL PROVISIONS.
8910. SEPARABILITY.
S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
IMPAIRMENT SPECIALISTS, AND PROVIDES FOR THE LICENSING OF LOW VISION
THERAPISTS, ORIENTATION AND MOBILITY SPECIALISTS AND VISION REHABILI-
TATION THERAPISTS. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED
IN ARTICLE ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
S 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
ING ASSESSMENT AND EVALUATION OF, AND TRAINING FOR, PERSONS WHO ARE
VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE
THREE PROFESSIONS DEFINED IN THIS SECTION AS: (A) LOW VISION THERAPY,
(B) ORIENTATION AND MOBILITY TRAINING, AND (C) VISION REHABILITATION
THERAPY. SUCH SERVICES SHALL BE RENDERED ON THE PRESCRIPTION OR REFERRAL
WHICH MAY BE DIRECTIVE AS TO TREATMENT BY A LICENSED PHYSICIAN, NURSE
PRACTITIONER, OPHTHALMOLOGIST OR OPTOMETRIST, PROVIDED HOWEVER THAT NO
SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
WHEN THE PERSON BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND OR LEGALLY BLIND AS THOSE
TERMS ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
ARE BEING RENDERED CONSISTENT WITH THAT DIAGNOSIS, PRESCRIPTION OR
REFERRAL. LOW VISION THERAPISTS, VISION REHABILITATION THERAPISTS, AND
ORIENTATION AND MOBILITY SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW
VISION DEVICES.
2. THE PRACTICE OF "LOW VISION THERAPY" SHALL MEAN: (A) PERFORMANCE OF
FUNCTIONAL LOW VISION EVALUATION; (B) THE USE OF FUNCTIONAL VISION EVAL-
UATION INSTRUMENTS TO ASSESS VISUAL ACUITY, VISUAL FIELDS, CONTRAST
SENSITIVITY FUNCTION, COLOR VISION, STEREOPSIS, VISUAL PERCEPTUAL AND
VISUAL MOTOR FUNCTIONING, LITERACY SKILLS IN READING AND WRITING, ETC.
AS THEY RELATE TO VISION IMPAIRMENT AND DISABILITY; (C) EVALUATION OF
WORK HISTORY, EDUCATIONAL PERFORMANCE, ACTIVITIES OF DAILY LIVING (ADL)
AND INSTRUMENTAL ACTIVITIES OF DAILY LIVING (IADL) PERFORMANCE, USE OF
TECHNOLOGY, QUALITY OF LIFE AND ASPECTS OF PSYCHOSOCIAL AND COGNITIVE
FUNCTION; (D) WORK AS PART OF AN INTERDISCIPLINARY TEAM WITH OPHTHALMOL-
OGISTS, OPTOMETRISTS, VISION REHABILITATION SPECIALISTS, ORIENTATION AND
MOBILITY SPECIALISTS, REHABILITATION COUNSELORS, EDUCATORS, SPEECH
PATHOLOGISTS, OCCUPATIONAL THERAPISTS, PHYSICAL THERAPISTS, PSYCHOL-
OGISTS, SOCIAL WORKERS, NURSES, ORTHOPTISTS, OPTICIANS, OTHER PHYSI-
CIANS, TECHNOLOGISTS, AND TECHNICIANS; (E) TRAINING THE USE OF SPECIFIC
VISUAL PERCEPTUAL AND VISUAL MOTOR SKILLS; (F) TRAINING IN THE APPROPRI-
ATE AND SAFE USE OF LOW VISION DEVICES; AND (G) INSTRUCTION IN THE USE
OF ADAPTIVE EQUIPMENT.
3. THE PRACTICE OF "VISION IMPAIRMENT SPECIALIST" SHALL MEAN ONE WHO
SPECIALIZES IN ORIENTATION AND MOBILITY TRAINING AND/OR VISION REHABILI-
TATION THERAPY.
4. THE PRACTICE OF "ORIENTATION AND MOBILITY TRAINING" SHALL MEAN:
(A) THE ASSESSMENT OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY
IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN STRATE-
GIES TO GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS TAILORED TO MEET
SUCH INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND ADAPTIVE
DEVICES INTENDED AND DESIGNED FOR USE BY PERSONS WHO ARE VISUALLY
IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE
S. 4467--C 3
VISUALLY IMPAIRED, INCLUDING BUT NOT LIMITED TO ORIENTATION; SENSORY
DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG CANE TECHNIQUES;
RESOURCE IDENTIFICATION AND, AS APPROPRIATE, PROFESSIONAL REFERRALS;
AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D) THE
EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
5. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
ASSESSMENT OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS TAILORED TO MEET SUCH
INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND ADAPTIVE
DEVICES INTENDED AND DESIGNED FOR USE BY PERSONS WHO ARE VISUALLY
IMPAIRED, INCLUDING, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR
THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
ALLY IMPAIRED, INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT SKILLS;
HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
AS APPROPRIATE, PROFESSIONAL REFERRALS; AND (D) THE EVALUATION OF
PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
6. "APPLIED SETTINGS" MEANS THOSE LOCATIONS WHERE PERSONS WHO ARE
VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES UTILIZING THE TOOLS
SUPPLIED AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
THIS ARTICLE.
7. "VISUALLY IMPAIRED" MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS BLIND IS ONE WHO HAS NO
USEABLE VISION. A PERSON WHO IS LEGALLY BLIND IS ONE WHO SATISFIES THE
DEFINITION SET FORTH IN SUBDIVISION B OF SECTION THREE OF CHAPTER FOUR
HUNDRED FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN. A PERSON WHO
IS PARTIALLY SIGHTED IS ONE WHO HAS FUNCTIONAL VISION IMPAIRMENT THAT
CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
DISEASE, TRAUMA, OR CONGENITAL CONDITION, THAT CANNOT BE FULLY AMELIO-
RATED BY STANDARD REFRACTIVE CORRECTION, MEDICATION, OR SURGERY, AND
THAT IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT VISUAL
RESOLUTION, INADEQUATE FIELD OF VISION OR REDUCED PEAK CONTRAST SENSI-
TIVITY.
8. "BOARD" SHALL MEAN THE STATE BOARD FOR VISION IMPAIRMENT SPECIAL-
ISTS AS PROVIDED FOR IN SECTION EIGHTY-NINE THOUSAND THREE OF THIS ARTI-
CLE.
S 8902. USE OF TITLES. ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED
UNDER THIS ARTICLE SHALL BE AUTHORIZED TO PRACTICE VISION REHABILITATION
OR USE THE TITLE "LICENSED LOW VISION THERAPIST," "LICENSED ORIENTATION
AND MOBILITY SPECIALIST" OR "LICENSED ORIENTATION AND MOBILITY SPECIAL-
IST" IN CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE
CONDUCT OF HIS OR HER PROFESSION.
S 8903. STATE BOARD FOR VISION IMPAIRMENT SPECIALISTS. A STATE BOARD
FOR VISION IMPAIRMENT SPECIALISTS SHALL BE APPOINTED BY THE BOARD OF
REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFES-
SIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST OF NOT
LESS THAN EIGHT INDIVIDUALS, TWO OF WHOM SHALL BE CERTIFIED ORIENTATION
AND MOBILITY SPECIALISTS, TWO OF WHOM SHALL BE CERTIFIED VISION REHABIL-
ITATION THERAPISTS, ONE OPHTHALMOLOGIST SPECIALIZING IN LOW VISION
TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW VISION TREATMENT AND TWO
S. 4467--C 4
OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE WHOSE
NAMES WILL BE PLACED IN NOMINATION FOR THE BOARD FROM ORGANIZATIONS OF
THE BLIND OR VISUALLY IMPAIRED. MEMBERS OF THE INITIAL BOARD NEED NOT BE
LICENSED OR CERTIFIED PRIOR TO THEIR APPOINTMENT TO THE BOARD, SO LONG
AS THEY ARE CERTIFIED BY A NATIONAL CERTIFYING OR ACCREDITING BOARD,
ACCEPTABLE TO THE DEPARTMENT. OF THE MEMBERS FIRST APPOINTED, TWO SHALL
BE APPOINTED FOR A THREE YEAR TERM, THREE SHALL BE APPOINTED FOR A FOUR
YEAR TERM, AND THREE SHALL BE APPOINTED FOR A FIVE YEAR TERM. THEREAFTER
ALL MEMBERS SHALL SERVE FOR FIVE YEAR TERMS. IN THE EVENT THAT MORE THAN
EIGHT MEMBERS ARE APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL
BE CERTIFIED ORIENTATION AND MOBILITY SPECIALISTS AND CERTIFIED VISION
REHABILITATION THERAPISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF
THEMSELVES AS CHAIR TO SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY
SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF
THE COMMISSIONER.
S 8904. REQUIREMENTS FOR A LICENSE AS A LOW VISION THERAPIST. TO
QUALIFY FOR A LICENSE AS A LOW VISION THERAPIST, AN APPLICANT SHALL
FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE SATISFACTORILY COMPLETED AN APPROVED CURRICULUM IN
LOW VISION THERAPY, VISUAL DISABILITIES, VISION EDUCATION, VISION
IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAUREATE OR GRADUATE
LEVEL PROGRAM, OR A FOREIGN EQUIVALENT, SATISFACTORY TO THE DEPARTMENT
AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
3. EXPERIENCE: HAVE A MINIMUM OF SIX MONTHS OF SUPERVISED ORIENTATION
AND MOBILITY EXPERIENCE WHICH SHALL BE SATISFACTORY TO THE DEPARTMENT
AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. REGISTRATION: ALL LICENSED LOW VISION THERAPISTS SHALL REGISTER
TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATION.
S 8905. REQUIREMENTS FOR A LICENSE AS AN ORIENTATION AND MOBILITY
SPECIALIST. TO QUALIFY FOR A LICENSE AS AN ORIENTATION AND MOBILITY
SPECIALIST, AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE SATISFACTORILY COMPLETED AN APPROVED CURRICULUM IN
ORIENTATION AND MOBILITY SERVICES, VISUAL DISABILITIES, VISION EDUCA-
TION, VISION IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAUREATE
OR GRADUATE LEVEL PROGRAMOR A FOREIGN EQUIVALENT, SATISFACTORY TO THE
DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
3. EXPERIENCE: HAVE A MINIMUM OF SIX MONTHS OF SUPERVISED ORIENTATION
AND MOBILITY EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATIS-
FACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. REGISTRATION: ALL LICENSED ORIENTATION AND MOBILITY SPECIALISTS
SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATION.
S. 4467--C 5
S 8906. REQUIREMENTS FOR A LICENSE AS A VISION REHABILITATION THERA-
PIST. TO QUALIFY FOR A LICENSE AS A VISION REHABILITATION THERAPIST AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE SATISFACTORILY COMPLETED AN APPROVED CURRICULUM IN
VISION REHABILITATION THERAPY, VISUAL DISABILITIES, VISION EDUCATION,
VISION IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAUREATE OR
GRADUATE LEVEL PROGRAM, OR A FOREIGN EQUIVALENT, SATISFACTORY TO THE
DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXPERIENCE: HAVE A MINIMUM OF SIX MONTHS OF SUPERVISED VISION
REHABILITATION THERAPIST EXPERIENCE WHICH SUPERVISION AND EXPERIENCE
SHALL BE SATISFACTORY TO THE DEPARTMENT AND IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATIONS;
4. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
5. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
7. REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
SIONER'S REGULATIONS.
S 8907. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED
PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
THIS ARTICLE:
1. ON THE RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A
LIMITED PERMIT TO AN APPLICANT WHO MEETS THE EDUCATION REQUIREMENTS FOR
LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERIENCE REQUIREMENTS, IN
ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY BE RENEWED, AT THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
3. THE FEE FOR EACH LIMITED PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY UNDER SUPERVISION AS
DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
S 8908. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT
OR PREVENT THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
THE PERSON RENDERING SUCH SERVICE IS A LICENSED VISION IMPAIRMENT
SPECIALIST:
1. THE PRACTICE OF LICENSED VISION IMPAIRMENT SPECIALIST AS AN INTE-
GRAL PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN APPROVED EDUCA-
TIONAL OR TRAINING PROGRAMS IN (A) LOW VISION THERAPY, (B) ORIENTATION
AND MOBILITY TRAINING, OR (C) VISION REHABILITATION THERAPY.
2. THE PERFORMANCE OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF LOW VISION THERAPIST BY ANY OTHER DULY
LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER, PROVIDED THAT
SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS OR
HER PRACTICE AS DEFINED IN THIS ARTICLE PURSUANT TO WHICH SUCH PERSON IS
LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEVER, THAT SUCH PRACTI-
TIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE "LICENSED LOW VISION
THERAPIST".
3. THE PERFORMANCE OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
OTHER DULY LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER,
PROVIDED THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE
SCOPE OF HIS OR HER PRACTICE AS DEFINED IN THIS ARTICLE PURSUANT TO
S. 4467--C 6
WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
ER, THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE
"CERTIFIED ORIENTATION AND MOBILITY SPECIALIST" OR "LICENSED VISION
IMPAIRMENT SPECIALIST".
4. THE PERFORMANCE OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
DULY LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
OR HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S REGULATIONS
PURSUANT TO WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED;
PROVIDED, HOWEVER, THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT
UNDER THE TITLE "CERTIFIED VISION REHABILITATION THERAPIST" OR "LICENSED
VISION IMPAIRMENT SPECIALIST".
5. THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN
THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
ANY PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN ASSISTANT
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
6. THE PRACTICE OF VISION IMPAIRMENT SPECIALIST BY ANY LEGALLY QUALI-
FIED PRACTITIONER OF VISION IMPAIRMENT SPECIALIST OF ANY OTHER STATE OR
TERRITORY WHO IS SERVING IN THE ARMED FORCES OR THE PUBLIC HEALTH
SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE OF HIS OR
HER DUTIES.
7. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
8. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A
LICENSED TEACHER OF THE VISUALLY IMPAIRED FROM PERFORMING ANY OF THE
DUTIES, TASKS OR RESPONSIBILITIES WITHIN THAT SCOPE OF PRACTICE.
9. THE INSTRUCTION IN THE USE OF BRAILLE.
S 8909. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS
FOR A LICENSE AS A LICENSED VISION IMPAIRMENT SPECIALIST AND CERTIF-
ICATION AS A CERTIFIED ORIENTATION AND MOBILITY SPECIALIST AND/OR A
CERTIFIED VISION REHABILITATION THERAPIST, EXCEPT FOR EXAMINATION, EXPE-
RIENCE AND EDUCATION, AND WHO IS CERTIFIED OR REGISTERED BY A NATIONAL
CERTIFYING BODY HAVING CERTIFICATION OR REGISTRATION STANDARDS ACCEPTA-
BLE TO THE COMMISSIONER, MAY BE LICENSED OR CERTIFIED, WITHOUT MEETING
ADDITIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCATION,
PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT
WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
S 8910. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART THEREOF.
S 2. The education law is amended by adding a new section 6503-c to
read as follows:
S 6503-C. WAIVER FOR CERTAIN NOT-FOR-PROFIT CORPORATIONS AND EDUCATION
CORPORATIONS PROVIDING ORIENTATION AND MOBILITY TRAINING SERVICES OR
VISION REHABILITATION SERVICES. 1. WAIVER. A. NO NOT-FOR-PROFIT CORPO-
RATION OR EDUCATION CORPORATION MAY EMPLOY INDIVIDUALS LICENSED PURSUANT
TO THIS TITLE TO PROVIDE ORIENTATION AND MOBILITY TRAINING SERVICES OR
VISION REHABILITATION SERVICES, UNLESS SUCH NOT-FOR-PROFIT CORPORATION
OR EDUCATION CORPORATION OBTAINS A WAIVER PURSUANT TO THIS SECTION. ALL
NOT-FOR-PROFIT CORPORATIONS OR EDUCATION CORPORATIONS APPROVED BY THE
COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL BE DEEMED
OPERATING UNDER A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENC-
ING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND SEVEN-
TEEN.
S. 4467--C 7
2. OBTAINING A WAIVER. A. A NOT-FOR-PROFIT CORPORATION OR EDUCATION
CORPORATION SHALL OBTAIN AN APPLICATION FOR A WAVIER ON A FORM
PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ISSUE A WAIVER ON OR
AFTER JULY FIRST, TWO THOUSAND FIFTEEN TO AN ENTITY WHICH WAS CREATED
BEFORE, ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION IF THERE IS
DEMONSTRATION OF NEED OF THE ENTITY'S SERVICES SATISFACTORY TO THE
DEPARTMENT. THE APPLICATION FOR AN INITIAL WAIVER SHALL BE ACCOMPANIED
BY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS.
B. WITHIN ONE HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES
THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
MENT'S WEBSITE, A NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION
MUST APPLY FOR A WAIVER. UPON SUBMISSION OF SUCH APPLICATION, THE CORPO-
RATION MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPARTMENT
SHALL EITHER DENY OR APPROVE THE APPLICATION. AFTER THE DEPARTMENT
RENDERS A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED
THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF PARAGRAPHS
C, D AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS
SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF
THE WAIVER APPLICATION IS DENIED THE CORPORATION SHALL CEASE PROVIDING
SERVICES PURSUANT TO THIS SUBDIVISION IN THE STATE OF NEW YORK.
C. SUCH WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
SECTION, DIRECTLY OR INDIRECTLY, SHALL BE PROVIDED ONLY BY A PERSON
APPROPRIATELY LICENSED TO PROVIDE SUCH SERVICES, EXCEPT AS OTHERWISE
PROVIDED IN LAW, OR BY A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY LAW
TO PROVIDE SUCH SERVICES.
D. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
ANT TO THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
SUCH APPLICATION SHALL INCLUDE: (I) THE NAME OF THE NOT-FOR-PROFIT
CORPORATION OR EDUCATION CORPORATION; (II) THE NAMES OF THE DIRECTORS OR
TRUSTEES AND OFFICERS OF SUCH CORPORATION; (III) A LISTING OF ANY OTHER
JURISDICTIONS WHERE SUCH CORPORATION MAY PROVIDE SERVICES; AND (IV) AN
ATTESTATION MADE BY AN OFFICER AUTHORIZED BY SUCH CORPORATION TO MAKE
SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO BE PROVIDED;
INCLUDES A LIST OF PROFESSIONS UNDER THIS TITLE IN WHICH PROFESSIONAL
SERVICES WILL BE PROVIDED BY SUCH CORPORATION; INCLUDES A STATEMENT
THAT, UNLESS OTHERWISE AUTHORIZED BY LAW, THE CORPORATION SHALL ONLY
PROVIDE SERVICES AUTHORIZED UNDER THIS SECTION; INCLUDES A STATEMENT
THAT ONLY A LICENSED PROFESSIONAL, A PERSON OTHERWISE AUTHORIZED TO
PROVIDE SUCH SERVICES, OR A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY
LAW TO PROVIDE SUCH SERVICES SHALL PROVIDE SUCH SERVICES AS AUTHORIZED
UNDER THIS SECTION; AND ATTESTS TO THE ADEQUACY OF THE CORPORATION'S
FISCAL AND FINANCIAL RESOURCES TO PROVIDE SUCH SERVICES. SUCH APPLICA-
TION SHALL ALSO INCLUDE ANY OTHER INFORMATION RELATED TO THE APPLICATION
AS MAY BE REQUIRED BY THE DEPARTMENT. A CORPORATION WITH AN APPROVED
WAIVER MAY APPLY, ON A FORM PRESCRIBED BY THE COMMISSIONER, TO AMEND THE
WAIVER TO ADD ADDITIONAL PROFESSIONAL SERVICES.
E. EACH OFFICER, TRUSTEE AND DIRECTOR OF SUCH CORPORATION SHALL
PROVIDE AN ATTESTATION REGARDING HIS OR HER GOOD MORAL CHARACTER AS
REQUIRED PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION. THE COMMISSIONER
SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS RELATING
TO THE STANDARDS OF THE WAIVER FOR NOT-FOR-PROFIT CORPORATIONS AND
EDUCATION CORPORATIONS PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL
INCLUDE STANDARDS RELATING TO THE CORPORATION'S ABILITY TO PROVIDE
SERVICES, THE CORPORATION'S MAINTENANCE OF STUDENT OR CLIENT AND BUSI-
NESS RECORDS, THE CORPORATION'S FISCAL POLICIES, AND SUCH OTHER STAND-
ARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
S. 4467--C 8
F. THE NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION OPERATING
PURSUANT TO A WAIVER SHALL DISPLAY, AT EACH SITE WHERE SERVICES ARE
PROVIDED TO THE PUBLIC, A CERTIFICATE OF SUCH WAIVER ISSUED BY THE
DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE
CORPORATION AND THE ADDRESS OF THE SITE. SUCH CORPORATIONS SHALL OBTAIN
FROM THE DEPARTMENT ADDITIONAL CERTIFICATES FOR EACH SITE AT WHICH
PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC. EACH CORPORATION SHALL
BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS. EXCEPT AS OTHER-
WISE PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, IF ANY INFORMATION
SUPPLIED TO THE DEPARTMENT REGARDING THE CORPORATION SHALL CHANGE, THE
CORPORATION SHALL BE REQUIRED TO PROVIDE SUCH UPDATED INFORMATION TO THE
DEPARTMENT WITHIN SIXTY DAYS.
G. ALL OFFICERS, TRUSTEES AND DIRECTORS OF SUCH CORPORATIONS SHALL BE
OF GOOD MORAL CHARACTER. CORPORATIONS OPERATING PURSUANT TO A WAIVER AND
THEIR OFFICERS AND DIRECTORS SHALL BE ENTITLED TO THE SAME DUE PROCESS
PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND PROFESSIONAL SERVICES
CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION SHALL BE TRANSFERABLE
OR ASSIGNABLE, AS SUCH TERMS ARE DEFINED IN THE REGULATIONS OF THE
COMMISSIONER.
3. RENEWAL OF WAIVER. ALL NOT-FOR-PROFIT CORPORATION AND EDUCATION
CORPORATION WAIVERS SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT. THE
TRIENNIAL WAIVER FEE SHALL BE TWO HUNDRED SIXTY DOLLARS OR A PRO-RATED
PORTION THEREOF AS DETERMINED BY THE DEPARTMENT.
4. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE LOCATION OF
THE CHIEF ADMINISTRATIVE OFFICES OF A NOT-FOR-PROFIT CORPORATION OR
EDUCATION CORPORATION IS CONTEMPLATED, THE OWNER SHALL NOTIFY THE OFFICE
OF PROFESSIONS OF THE DEPARTMENT OF THE CHANGE OF LOCATION AT LEAST
THIRTY DAYS PRIOR TO RELOCATION.
5. PROFESSIONAL PRACTICE. A NOT-FOR-PROFIT CORPORATION OR EDUCATION
CORPORATION OPERATING UNDER A WAIVER SHALL NOT PRACTICE ANY PROFESSION
LICENSED PURSUANT TO THIS TITLE OR HOLD ITSELF OUT TO THE PUBLIC AS
AUTHORIZED TO PROVIDE PROFESSIONAL SERVICES PURSUANT TO THIS TITLE
EXCEPT AS AUTHORIZED BY THIS SECTION OR OTHERWISE AUTHORIZED BY LAW.
6. SUPERVISION OF PROFESSIONAL PRACTICE. A NOT-FOR-PROFIT CORPORATION
OR EDUCATION CORPORATION SHALL BE UNDER THE SUPERVISION OF THE REGENTS
OF THE UNIVERSITY OF THE STATE OF NEW YORK AND BE SUBJECT TO DISCIPLI-
NARY PROCEEDINGS AND PENALTIES. A NOT-FOR-PROFIT CORPORATION OR EDUCA-
TION CORPORATION OPERATING UNDER A WAIVER SHALL BE SUBJECT TO SUSPEN-
SION, REVOCATION OR ANNULMENT OF THE WAIVER FOR CAUSE, IN THE SAME
MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO INDIVIDUALS
AND THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS IN THE PROVISIONS OF
THIS TITLE RELATING TO THE APPLICABLE PROFESSION.
S 3. This act shall take effect eighteen months after it shall have
become a law. The commissioner of education and the board of regents
are authorized to promulgate such rules and regulations and take any
other measures as may be necessary for the timely implementation of this
act on or before its effective date, including but not limited to the
appointment of the state board for vision rehabilitation services, the
acceptance and processing of applications for licensure, and the issu-
ance of licenses.
