The New York State Senate

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

                                 3968--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2017
                               ___________

Introduced by M. of A. LUPARDO, RIVERA, BRINDISI, WILLIAMS, ORTIZ, COOK,
  GALEF,  JENNE,  GOTTFRIED,  DiPIETRO,  CROUCH,  PALMESANO,  MONTESANO,
  D'URSO, GUNTHER, WALLACE, BLAKE, PEOPLES-STOKES, PERRY, RYAN, BENEDET-
  TO, SEPULVEDA, ABBATE, SKOUFIS, DE LA ROSA, RAIA, RA, WALTER, BLANKEN-
  BUSH, OAKS, BRABENEC, ABINANTI, THIELE, LAVINE, WEPRIN,  M. G. MILLER,
  MURRAY,  COLTON,  M. L. MILLER,  HEVESI,  KOLB,  L. ROSENTHAL, PAULIN,
  QUART, NORRIS, HUNTER -- Multi-Sponsored  by  --  M.  of  A.  BARCLAY,
  BUTLER,  BYRNE,  CRESPO,  CURRAN, CYMBROWITZ, DAVILA, DINOWITZ, ENGLE-
  BRIGHT, ERRIGO, FINCH, HAWLEY, HOOPER, KIM, LENTOL, MAGEE,  McDONOUGH,
  MORINELLO,  SIMON, STEC, STECK, WALSH -- read once and referred to the
  Committee on Higher Education -- recommitted to the Committee on High-
  er Education in accordance with Assembly Rule 3, sec. 2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the education law, the social services law, the limited
  liability company law and the partnership  law,  in  relation  to  the
  licensing  of  vision  impairment  specialists;  and providing for the
  repeal of certain provisions upon expiration thereof

  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 169 to
read as follows:
                               ARTICLE 169
                      VISION IMPAIRMENT SPECIALISTS
SECTION 8900. INTRODUCTION.
        8901. DEFINITIONS.
        8902. USE OF TITLES.
        8903. STATE BOARD FOR VISION IMPAIRMENT SPECIALISTS.
        8904. REQUIREMENTS  FOR  A  LICENSE  WITH A SPECIALIZATION AS AN
                ORIENTATION AND MOBILITY SPECIALIST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07472-03-8

A. 3968--A                          2

        8905. REQUIREMENTS FOR A LICENSE  WITH  A  SPECIALIZATION  AS  A
                VISION REHABILITATION THERAPIST.
        8906. LIMITED PERMITS.
        8907. EXEMPT PERSONS.
        8908. SPECIAL PROVISIONS.
        8909. SEPARABILITY.
  § 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
IMPAIRMENT  SPECIALISTS,  AND  PROVIDES FOR THE LICENSING OF ORIENTATION
AND MOBILITY  SPECIALISTS  AND  VISION  REHABILITATION  THERAPISTS.  THE
GENERAL  PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED
THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
  § 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. THE PRACTICE OF "VISION IMPAIRMENT SPECIALIST" SHALL MEAN PROVIDING
ASSESSMENT AND EVALUATION OF, AND TRAINING FOR, PERSONS WHO ARE VISUALLY
IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPORATES  THE
FULL  RANGE  OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE SPECIALIZA-
TIONS OF THE PROFESSION 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, NURSE PRACTITIONER, OPHTHALMOL-
OGIST  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 VISUAL-
LY IMPAIRED, BLIND OR LEGALLY BLIND AS THOSE TERMS ARE DEFINED IN SUBDI-
VISION SIX OF THIS SECTION AND SUCH SERVICES ARE BEING RENDERED CONSIST-
ENT WITH THAT DIAGNOSIS, PRESCRIPTION OR REFERRAL. VISION REHABILITATION
THERAPISTS,  AND  ORIENTATION AND MOBILITY SPECIALISTS MAY NOT PRESCRIBE
OPTICAL LOW VISION DEVICES.
  2. THE PRACTICE OF "VISION IMPAIRMENT SPECIALIST" SHALL MEAN  ONE  WHO
SPECIALIZES IN ORIENTATION AND MOBILITY TRAINING AND/OR VISION REHABILI-
TATION THERAPY.
  3. 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.
  4. 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-

A. 3968--A                          3

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.
  5. "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.
  6.  "VISUALLY  IMPAIRED"  MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS TOTALLY 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
AMELIORATED  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
SENSITIVITY.
  7. "BOARD" SHALL MEAN THE STATE BOARD FOR VISION  IMPAIRMENT  SPECIAL-
ISTS AS PROVIDED FOR IN SECTION EIGHTY-NINE THOUSAND THREE OF THIS ARTI-
CLE.
  § 8902. USE OF TITLES.  ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED
UNDER  THIS  ARTICLE SHALL BE AUTHORIZED TO PRACTICE AS A VISION IMPAIR-
MENT SPECIALIST OR USE THE  TITLE  "LICENSED  ORIENTATION  AND  MOBILITY
SPECIALIST"  OR "LICENSED VISION REHABILITATION THERAPIST" IN CONNECTION
WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
PROFESSION.
  § 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 NINE INDIVIDUALS, TWO OF WHOM SHALL  BE  LICENSED  ORIENTATION
AND MOBILITY SPECIALISTS, TWO OF WHOM SHALL BE LICENSED VISION REHABILI-
TATION  THERAPISTS,  ONE  OPHTHALMOLOGIST,  ONE  OPTOMETRIST, ONE PUBLIC
REPRESENTATIVE AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE  OF  SECTION
SIXTY-FIVE  HUNDRED  EIGHT  OF THIS TITLE AND TWO OF WHOM SHALL BE BLIND
REPRESENTATIVES OF THE PUBLIC AT LARGE WHOSE NAMES  WILL  BE  PLACED  IN
NOMINATION  FOR  THE  BOARD  FROM ORGANIZATIONS OF THE BLIND OR VISUALLY
IMPAIRED. MEMBERS OF THE INITIAL BOARD NEED NOT BE LICENSED OR CERTIFIED
PRIOR TO THEIR APPOINTMENT TO THE BOARD, SO LONG AS THEY  ARE  CERTIFIED
BY A NATIONAL CERTIFYING OR ACCREDITING BOARD, ACCEPTABLE TO THE DEPART-
MENT. OF THE MEMBERS FIRST APPOINTED, TWO SHALL BE APPOINTED FOR A THREE
YEAR  TERM,  THREE  SHALL  BE  APPOINTED FOR A FOUR YEAR TERM, AND THREE
SHALL BE APPOINTED FOR A FIVE YEAR TERM. THEREAFTER  ALL  MEMBERS  SHALL
SERVE FOR FIVE YEAR TERMS. IN THE EVENT THAT MORE THAN EIGHT MEMBERS ARE
APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
TO  SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED
BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.

A. 3968--A                          4

  § 8904. REQUIREMENTS FOR A LICENSE WITH A SPECIALIZATION AS AN  ORIEN-
TATION  AND  MOBILITY  SPECIALIST. TO QUALIFY FOR A LICENSE AS AN ORIEN-
TATION 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 INCLUDING VISUAL DISABILITIES,  VISION
EDUCATION,  VISION IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAU-
REATE OR GRADUATE LEVEL PROGRAM OR A FOREIGN EQUIVALENT, SATISFACTORY TO
THE DEPARTMENT AND IN ACCORDANCE WITH  THE  COMMISSIONER'S  REGULATIONS;
AND
  3.  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT; AND
  6.  REGISTRATION:  ALL  LICENSED  ORIENTATION AND MOBILITY SPECIALISTS
SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN  ACCORDANCE  WITH  THE
COMMISSIONER'S REGULATION.
  7.  FEE: A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A FEE
OF ONE HUNDRED FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  § 8905. REQUIREMENTS FOR A LICENSE WITH A SPECIALIZATION AS  A  VISION
REHABILITATION THERAPIST. TO QUALIFY FOR A LICENSE AS A VISION REHABILI-
TATION 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  INCLUDING  VISUAL  DISABILITIES,  VISION
EDUCATION,  VISION IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAU-
REATE OR GRADUATE LEVEL PROGRAM, OR A FOREIGN  EQUIVALENT,  SATISFACTORY
TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  3.  EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT; AND
  6.  REGISTRATION:  ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE  COMMIS-
SIONER'S REGULATIONS.
  7.  FEE: A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A FEE
OF ONE HUNDRED FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  § 8906. 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.
  § 8907. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO  AFFECT
OR  PREVENT  THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY  THE  IMPRESSION  THAT

A. 3968--A                          5

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) ORIENTATION AND MOBILITY TRAINING OR
(B) VISION REHABILITATION THERAPY.
  2. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO  LIMIT  THE
SCOPES  OF  PRACTICE  OF ANY OTHER PROFESSION LICENSED UNDER THIS TITLE;
PROVIDED, HOWEVER, THAT SUCH PRACTITIONERS MAY NOT HOLD  THEMSELVES  OUT
UNDER   THE  TITLES  "LICENSED  VISION  IMPAIRMENT  SPECIALIST",  AND/OR
"LICENSED VISION IMPAIRMENT SPECIALIST WITH A SPECIALIZATION  IN  ORIEN-
TATION AND MOBILITY", AND/OR "LICENSED VISION IMPAIRMENT SPECIALIST WITH
A SPECIALIZATION IN VISION REHABILITATION THERAPY".
  3.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A PERSON
FROM PERFORMING THE DUTIES OF A LICENSED VISION  IMPAIRMENT  SPECIALIST,
IN THE COURSE OF SUCH EMPLOYMENT, IF SUCH PERSON IS EMPLOYED BY A FEDER-
AL,  STATE,  COUNTY,  TOWN,  CITY  OR  VILLAGE AGENCY OR OTHER POLITICAL
SUBDIVISION EXCEPT THAT THIS EXCEPTION FROM LICENSURE SHALL NOT APPLY TO
PERSONS EMPLOYED BY INSTITUTIONS REGULATED PRIMARILY  BY  THE  EDUCATION
DEPARTMENT.
  4.  THIS  ARTICLE SHALL NOT BE CONSTRUED TO PROHIBIT CARE DELIVERED BY
ANY FAMILY MEMBER, HOUSEHOLD MEMBER OR FRIEND, OR PERSON EMPLOYED PRIMA-
RILY IN A DOMESTIC CAPACITY WHO DOES NOT HOLD HIMSELF OR HERSELF OUT, OR
ACCEPT EMPLOYMENT, AS A PERSON LICENSED TO PRACTICE AS A VISION  IMPAIR-
MENT SPECIALIST UNDER THE PROVISIONS OF THIS ARTICLE; PROVIDED, HOWEVER,
THAT  IF SUCH PERSON IS REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR
HERSELF OUT AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING SUCH CARE.
  5. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
  6. 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.
  7. THE INSTRUCTION IN THE USE OF BRAILLE.
  § 8908. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS  THE  REQUIREMENTS
FOR A LICENSE AS A LICENSED VISION IMPAIRMENT SPECIALIST WITH A SPECIAL-
IZATION IN ORIENTATION AND MOBILITY AND/OR VISION REHABILITATION, EXCEPT
FOR  EXAMINATION,  EXPERIENCE  AND  EDUCATION,  AND  WHO IS CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING BODY HAVING CERTIFICATION OR  REGIS-
TRATION  STANDARDS  ACCEPTABLE TO THE COMMISSIONER, OR AN INDIVIDUAL WHO
HAS WORKED AS A VISION IMPAIRMENT SPECIALIST FOCUSED ON VISION REHABILI-
TATION THERAPY AND/OR ORIENTATION AND MOBILITY IN  A  WORKPLACE  SETTING
WHICH  IS  PRIMARILY DEVOTED TO THE TREATMENT OF INDIVIDUALS WITH VISION
LOSS AND BLINDNESS FOR AT LEAST THREE YEARS, MAY  BE  LICENSED,  WITHOUT
MEETING ADDITIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCA-
TION,  PROVIDED  THAT  SUCH  INDIVIDUAL  SUBMITS  AN  APPLICATION TO THE
DEPARTMENT WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
  § 8909. 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.
  § 2. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
6503-a  of  the  education law, as amended by chapter 554 of the laws of
2013, is amended to read as follows:
  (i) services  provided  under  article  one  hundred  fifty-four,  one
hundred sixty-three [or], one hundred sixty-seven OR ARTICLE ONE HUNDRED
SIXTY-NINE of this title for which licensure would be required, or

A. 3968--A                          6

  §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
law, as amended by chapter 554 of the laws of 2013, is amended  to  read
as follows:
  a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing,  on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
licensed clinical  social  worker,  licensed  creative  arts  therapist,
licensed  marriage  and family therapist, licensed mental health counse-
lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
analyst,  [or]  certified  behavior analyst assistant OR LICENSED VISION
IMPAIRMENT SPECIALIST shall, in addition to  all  the  other  licensure,
certification  or  permit  requirements,  have  completed  two  hours of
coursework or training regarding the  identification  and  reporting  of
child  abuse  and  maltreatment.  The  coursework  or  training shall be
obtained from an institution or provider which has been approved by  the
department  to  provide  such  coursework or training. The coursework or
training shall include information regarding the physical and behavioral
indicators of child abuse and maltreatment and the  statutory  reporting
requirements  set  out  in  sections  four hundred thirteen through four
hundred twenty of the social services law, including but not limited to,
when and how a report must be made, what other actions the  reporter  is
mandated  or  authorized  to take, the legal protections afforded repor-
ters, and the consequences for failing to  report.  Such  coursework  or
training  may also include information regarding the physical and behav-
ioral indicators of the abuse of individuals with mental retardation and
other developmental disabilities and voluntary reporting  of  abused  or
neglected  adults  to the office of mental retardation and developmental
disabilities or the local adult protective services unit. Each applicant
shall provide the department with documentation showing that he  or  she
has  completed  the  required  training. The department shall provide an
exemption from the child abuse and maltreatment training requirements to
any applicant who requests such an  exemption  and  who  shows,  to  the
department's  satisfaction,  that  there would be no need because of the
nature of his or her practice for him or her to complete such training;
  § 4. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law,  as  amended  by section 7 of part C of chapter 57 of the
laws of 2018, is amended to read as follows:
  (a) The following persons and officials  are  required  to  report  or
cause  a  report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming  before  them  in  their
professional  or  official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused  or
maltreated  child  where the parent, guardian, custodian or other person
legally responsible for such child comes before them  in  their  profes-
sional  or  official  capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician  assist-
ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian;  licensed  creative  arts  therapist; licensed marriage and family

A. 3968--A                          7

therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
licensed   behavior   analyst;  certified  behavior  analyst  assistant;
LICENSED VISION IMPAIRMENT SPECIALIST; hospital personnel engaged in the
admission,  examination,  care  or  treatment  of  persons;  a Christian
Science practitioner; school official, which includes but is not limited
to school  teacher,  school  guidance  counselor,  school  psychologist,
school social worker, school nurse, school administrator or other school
personnel  required  to  hold  a  teaching  or administrative license or
certificate; full or part-time compensated school employee  required  to
hold  a temporary coaching license or professional coaching certificate;
social services worker; employee of a publicly-funded emergency  shelter
for  families  with  children;  director of a children's overnight camp,
summer day camp or traveling summer day camp, as such camps are  defined
in  section  thirteen  hundred  ninety-two of the public health law; day
care center worker; school-age child care worker; provider of family  or
group  family  day  care;  employee  or  volunteer in a residential care
facility for children that is licensed, certified  or  operated  by  the
office  of  children  and  family  services;  or any other child care or
foster care worker; mental health professional; substance abuse  counse-
lor;  alcoholism  counselor;  all  persons credentialed by the office of
alcoholism and substance abuse services; employees, who are expected  to
have  regular and substantial contact with children, of a health home or
health home care management agency contracting with  a  health  home  as
designated  by  the  department  of  health and authorized under section
three hundred sixty-five-l of this chapter or such employees who provide
home and community based services under a demonstration program pursuant
to section eleven hundred fifteen of the federal social security act who
are expected to have regular  and  substantial  contact  with  children;
peace  officer;  police officer; district attorney or assistant district
attorney; investigator employed in the office of a district attorney; or
other law enforcement official.
  § 5. Section 6505-b of the education law, as amended by chapter 10  of
the laws of 2018, is amended to read as follows:
  § 6505-b. Course  work  or  training  in  infection control practices.
Every  dentist,  registered  nurse,  licensed  practical  nurse,  VISION
IMPAIRMENT  SPECIALIST,  podiatrist,  optometrist  and  dental hygienist
practicing in the state shall, on or before July first, nineteen hundred
ninety-four and every four years thereafter,  complete  course  work  or
training  appropriate  to  the  professional's  practice approved by the
department regarding infection control, which shall include sepsis,  and
barrier  precautions,  including engineering and work practice controls,
in accordance with regulatory standards promulgated by  the  department,
in  consultation  with the department of health, which shall be consist-
ent, as far as appropriate, with such standards adopted by  the  depart-
ment of health pursuant to section two hundred thirty-nine of the public
health  law  to prevent the transmission of HIV, HBV, HCV and infections
that could lead to sepsis in the course of professional  practice.  Each
such professional shall document to the department at the time of regis-
tration  commencing  with the first registration after July first, nine-
teen hundred ninety-four that the professional has completed course work
or training in accordance with this section, provided,  however  that  a
professional  subject  to the provisions of paragraph (f) of subdivision
one of section twenty-eight hundred five-k  of  the  public  health  law
shall  not  be  required to so document. The department shall provide an
exemption from this requirement to anyone who requests such an exemption
and who (i) clearly demonstrates to the department's  satisfaction  that

A. 3968--A                          8

there  would  be  no need for him or her to complete such course work or
training because of the nature of his or her practice or (ii) that he or
she has completed course work or training deemed by the department to be
equivalent  to  the  course  work or training approved by the department
pursuant to this section. The department shall  consult  with  organiza-
tions  representative of professions, institutions and those with exper-
tise in infection control and HIV, HBV, HCV and  infections  that  could
lead  to  sepsis  with  respect  to the regulatory standards promulgated
pursuant to this section.
  § 6. Subdivision (a) of section 1203 of the limited liability  company
law,  as  amended by chapter 475 of the laws of 2014, is amended to read
as follows:
  (a) Notwithstanding the education law or any other provision  of  law,
one  or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals,  at
least  one of whom is authorized by law to render a professional service
within the state, may form,  or  cause  to  be  formed,  a  professional
service  limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited  liability  company  formed  to  provide  medical
services  as  such  services are defined in article 131 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article  131  of the education law to practice medicine in
this state. With respect to a  professional  service  limited  liability
company  formed  to provide dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133  of  the  education
law  to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary  services
as  such  services are defined in article 135 of the education law, each
member of such limited liability company must be  licensed  pursuant  to
article 135 of the education law to practice veterinary medicine in this
state.  With respect to a professional service limited liability company
formed to provide professional engineering,  land  surveying,  architec-
tural,  landscape  architectural  and/or  geological  services  as  such
services are defined in article 145, article 147 and article 148 of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
With  respect to a professional service limited liability company formed
to provide licensed clinical social work services as such  services  are
defined in article 154 of the education law, each member of such limited
liability  company  shall  be  licensed  pursuant  to article 154 of the
education law to practice licensed clinical social work in  this  state.
With  respect to a professional service limited liability company formed
to provide creative arts therapy services as such services  are  defined
in article 163 of the education law, each member of such limited liabil-
ity  company  must  be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect  to  a
professional   service  limited  liability  company  formed  to  provide
marriage and family therapy services as such  services  are  defined  in
article  163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With  respect  to  a
professional  service limited liability company formed to provide mental

A. 3968--A                          9

health counseling services as such services are defined in  article  163
of the education law, each member of such limited liability company must
be  licensed  pursuant  to  article 163 of the education law to practice
mental  health  counseling in this state. With respect to a professional
service limited  liability  company  formed  to  provide  psychoanalysis
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to article 163 of the education law to practice psychoanalysis
in this state.  With respect to a professional service limited liability
company formed to provide applied behavior  analysis  services  as  such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in this state.  WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE VISION IMPAIRMENT SPECIALIST SERVICES AS  SUCH
SERVICES ARE DEFINED IN ARTICLE 169 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH  LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 169
OF THE EDUCATION LAW TO PRACTICE AS A VISION  IMPAIRMENT  SPECIALIST  IN
THIS STATE. In addition to engaging in such profession or professions, a
professional  service  limited liability company may engage in any other
business or activities as to which a limited liability  company  may  be
formed  under  section two hundred one of this chapter.  Notwithstanding
any other provision of this  section,  a  professional  service  limited
liability  company  (i)  authorized  to  practice law may only engage in
another profession or business or activities or (ii) which is engaged in
a profession or other business or activities other  than  law  may  only
engage in the practice of law, to the extent not prohibited by any other
law of this state or any rule adopted by the appropriate appellate divi-
sion of the supreme court or the court of appeals.
  §  7. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended  to  read
as follows:
  (b)  With  respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each  member  of  such  limited  liability
company must be licensed pursuant to article 131 of the education law to
practice  medicine in this state. With respect to a professional service
limited liability company formed to  provide  dental  services  as  such
services are defined in article 133 of the education law, each member of
such  limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state.  With  respect
to  a  professional  service limited liability company formed to provide
veterinary services as such services are defined in article 135  of  the
education  law,  each  member  of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect  to  a  professional  service
limited  liability  company  formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145,  article  147  and
article  148 of the education law, each member of such limited liability
company must be licensed pursuant to article  145,  article  147  and/or
article  148  of  the  education  law  to  practice  one or more of such
professions in this state. With respect to a professional service limit-
ed liability company formed to provide  licensed  clinical  social  work
services  as  such  services are defined in article 154 of the education
law, each member of such limited liability  company  shall  be  licensed

A. 3968--A                         10

pursuant  to article 154 of the education law to practice licensed clin-
ical social work in this state. With respect to a  professional  service
limited  liability  company  formed  to  provide  creative  arts therapy
services  as  such  services are defined in article 163 of the education
law, each member of such limited  liability  company  must  be  licensed
pursuant  to  article 163 of the education law to practice creative arts
therapy in this state. With respect to a  professional  service  limited
liability company formed to provide marriage and family therapy services
as  such  services are defined in article 163 of the education law, each
member of such limited liability company must be  licensed  pursuant  to
article 163 of the education law to practice marriage and family therapy
in  this state. With respect to a professional service limited liability
company formed to provide mental  health  counseling  services  as  such
services are defined in article 163 of the education law, each member of
such  limited liability company must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
With respect to a professional service limited liability company  formed
to provide psychoanalysis services as such services are defined in arti-
cle  163  of  the  education  law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice psychoanalysis in this state. With respect  to  a  professional
service  limited  liability  company  formed to provide applied behavior
analysis services as such services are defined in  article  167  of  the
education  law,  each  member  of such limited liability company must be
licensed or certified pursuant to article 167 of the  education  law  to
practice  applied  behavior  analysis in this state.   WITH RESPECT TO A
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE  VISION
IMPAIRMENT  SPECIALIST  SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE
169 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY  COMPANY
MUST  BE  LICENSED PURSUANT TO ARTICLE 169 OF THE EDUCATION LAW TO PRAC-
TICE AS A VISION IMPAIRMENT SPECIALIST IN THIS STATE.
  § 8. Subdivision (a) of section 1301 of the limited liability  company
law,  as  amended by chapter 475 of the laws of 2014, is amended to read
as follows:
  (a) "Foreign professional service limited liability company"  means  a
professional  service  limited liability company, whether or not denomi-
nated as such, organized under the laws of  a  jurisdiction  other  than
this state, (i) each of whose members and managers, if any, is a profes-
sional  authorized  by  law to render a professional service within this
state and who is or has been engaged in the practice of such  profession
in  such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the  date
such  professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members  is  author-
ized  by  law to render a professional service within this state and who
is or has been engaged in  the  practice  of  such  profession  in  such
professional  service limited liability company or a predecessor entity,
or will engage in the practice of such profession  in  the  professional
service  limited  liability  company within thirty days of the date such
professional becomes a member, or  (ii)  authorized  by,  or  holding  a
license,  certificate,  registration  or  permit issued by the licensing
authority pursuant to,  the  education  law  to  render  a  professional
service within this state; except that all members and managers, if any,
of  a  foreign  professional  service  limited  liability  company  that
provides health services in this state shall be licensed in this  state.

A. 3968--A                         11

With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle  135  of the education law, each member of such foreign professional
service  limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine.  With  respect
to  a  foreign  professional  service  limited  liability  company which
provides medical services as such services are defined in article 131 of
the education law, each member  of  such  foreign  professional  service
limited  liability  company  must be licensed pursuant to article 131 of
the education law to practice medicine in this state.  With respect to a
foreign professional service limited liability  company  which  provides
dental  services  as  such  services  are  defined in article 133 of the
education law, each member of such foreign professional service  limited
liability company must be licensed pursuant to article 133 of the educa-
tion  law to practice dentistry in this state. With respect to a foreign
professional service limited liability company  which  provides  profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape  architectural  services  as  such services are defined in article
145, article 147 and article 148 of the education law,  each  member  of
such  foreign  professional  service  limited  liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of  the
education law to practice one or more of such professions in this state.
With respect to a foreign professional service limited liability company
which  provides  licensed clinical social work services as such services
are defined in article 154 of the education law,  each  member  of  such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work  in  this  state.  With  respect  to a foreign professional service
limited liability company which provides creative arts therapy  services
as  such  services are defined in article 163 of the education law, each
member of such foreign professional service  limited  liability  company
must  be  licensed pursuant to article 163 of the education law to prac-
tice creative arts therapy in this state.  With  respect  to  a  foreign
professional  service  limited liability company which provides marriage
and family therapy services as such services are defined in article  163
of  the  education law, each member of such foreign professional service
limited liability company must be licensed pursuant to  article  163  of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which  provides  mental  health counseling services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in this state. With respect to a foreign  professional  service  limited
liability   company  which  provides  psychoanalysis  services  as  such
services are defined in article 163 of the education law, each member of
such foreign professional service  limited  liability  company  must  be
licensed  pursuant  to  article  163  of  the  education law to practice
psychoanalysis in this state. With respect  to  a  foreign  professional
service limited liability company which provides applied behavior analy-
sis  services  as such services are defined in article 167 of the educa-
tion law, each member  of  such  foreign  professional  service  limited
liability  company must be licensed or certified pursuant to article 167
of the education law to  practice  applied  behavior  analysis  in  this
state.  WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY WHICH PROVIDES VISION IMPAIRMENT  SPECIALIST  SERVICES  AS  SUCH

A. 3968--A                         12

SERVICES ARE DEFINED IN ARTICLE 169 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH  FOREIGN  PROFESSIONAL  SERVICE  LIMITED  LIABILITY COMPANY MUST BE
LICENSED PURSUANT TO ARTICLE 169 OF THE EDUCATION LAW TO PRACTICE  AS  A
VISION IMPAIRMENT SPECIALIST IN THIS STATE.
  §  9.  Subdivision  (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
follows:
  (q)  Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed  pursuant  to
article  131 of the education law to practice medicine in this state and
each partner of a registered limited  liability  partnership  formed  to
provide dental services in this state must be licensed pursuant to arti-
cle  133 of the education law to practice dentistry in this state.  Each
partner of a registered limited liability partnership formed to  provide
veterinary  services  in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this  state.
Each  partner  of  a  registered limited liability partnership formed to
provide professional engineering, land surveying,  geological  services,
architectural and/or landscape architectural services in this state must
be  licensed  pursuant to article 145, article 147 and/or article 148 of
the education law to practice one or more of such  professions  in  this
state. Each partner of a registered limited liability partnership formed
to  provide licensed clinical social work services in this state must be
licensed pursuant to article 154 of the education law to practice  clin-
ical  social  work  in  this state. Each partner of a registered limited
liability partnership formed to provide creative arts  therapy  services
in  this state must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. Each partner  of  a
registered  limited liability partnership formed to provide marriage and
family therapy services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice marriage and family therapy  in
this  state.  Each partner of a registered limited liability partnership
formed to provide mental health counseling services in this  state  must
be  licensed  pursuant  to  article 163 of the education law to practice
mental health counseling in this state. Each  partner  of  a  registered
limited  liability partnership formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the  education
law  to  practice psychoanalysis in this state. Each partner of a regis-
tered limited liability partnership formed to provide  applied  behavior
analysis service in this state must be licensed or certified pursuant to
article  167  of the education law to practice applied behavior analysis
in this state.  EACH PARTNER OF A REGISTERED LIMITED LIABILITY  PARTNER-
SHIP  FORMED  TO  PROVIDE  VISION IMPAIRMENT SPECIALIST SERVICES IN THIS
STATE MUST BE LICENSED OR CERTIFIED  PURSUANT  TO  ARTICLE  169  OF  THE
EDUCATION  LAW  TO  PRACTICE  AS  A VISION IMPAIRMENT SPECIALIST IN THIS
STATE.
  § 10. Subdivision (q) of section 121-1502 of the partnership  law,  as
amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
follows:
  (q) Each partner of a  foreign  limited  liability  partnership  which
provides  medical  services  in  this state must be licensed pursuant to
article 131 of the education law to practice medicine in the  state  and
each  partner  of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary  service

A. 3968--A                         13

in  the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state.  Each  partner  of  a
foreign  limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape  architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148  of  the  education  law  to
practice  one  or  more  of  such professions. Each partner of a foreign
limited liability partnership which provides  licensed  clinical  social
work  services in this state must be licensed pursuant to article 154 of
the education law to practice licensed  clinical  social  work  in  this
state.  Each  partner  of  a foreign limited liability partnership which
provides creative arts therapy services in this state must  be  licensed
pursuant  to  article 163 of the education law to practice creative arts
therapy in this state. Each partner of a foreign limited liability part-
nership which provides marriage and  family  therapy  services  in  this
state  must  be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. Each  partner  of  a
foreign limited liability partnership which provides mental health coun-
seling  services  in this state must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
Each partner of a foreign limited liability partnership  which  provides
psychoanalysis services in this state must be licensed pursuant to arti-
cle  163  of the education law to practice psychoanalysis in this state.
Each partner of a foreign limited liability partnership  which  provides
applied  behavior  analysis  services  in this state must be licensed or
certified pursuant to article 167  of  the  education  law  to  practice
applied  behavior  analysis  in  this state.   EACH PARTNER OF A FOREIGN
LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES VISION IMPAIRMENT  SPECIAL-
IST  SERVICES  IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 169 OF
THE EDUCATION LAW TO PRACTICE AS A VISION IMPAIRMENT SPECIALIST IN  THIS
STATE.
  §  11.  a.  Nothing  in  this  act shall be construed as prohibiting a
person from performing  the  duties  of  a  licensed  vision  impairment
specialist, in the course of such employment, if such person is employed
by  programs  licensed,  certified, operated, or funded and regulated by
the office of children and family services including the commission  for
the  blind  and visually impaired, the state education department or the
department of health; provided, however, that  this  section  shall  not
authorize the use of any title authorized pursuant to article 169 of the
education law.
  b.  On or before September 1, 2019, each office identified in subdivi-
sion a of this section that licenses, certifies, operates or  funds  and
regulates  programs  that  employ  individuals  to provide services that
would otherwise be restricted  to  individuals  licensed  or  authorized
under article 169 of the education law, shall submit to the commissioner
of education, in such form and detail as requested by such commissioner,
data  in  relation  to:  the  number  of  individuals employed in exempt
programs licensed, certified, operated, or funded and regulated by  each
office  identified in subdivision a of this section on September 1, 2018
who are providing services that would otherwise be restricted  to  those
licensed  or  authorized under article 169 of the education law; and the
occupational title of individuals who on July 1, 2019 are  not  licensed
or  otherwise authorized under title 8 of the education law, and who are
engaged in the practice of vision impairment specialist for the  purpose
of  providing  vision  impairment specialist services to persons who are
blind or visually impaired.

A. 3968--A                         14

  c. The commissioner of education, after receipt of this  data  and  in
consultation  with  the  offices  identified  in  subdivision  a of this
section, in consultation  with  not-for-profit  providers,  professional
associations,  consumers  and  other  key  stakeholders, shall prepare a
report  that recommends changes in any laws, rules or regulations neces-
sary to ensure appropriate licensure or other authorization of  individ-
uals  providing  services  that  are  within  the restricted practice of
professions licensed or otherwise authorized under article  169  of  the
education  law.  Such  report  shall  include  an estimate of the fiscal
impact of any such recommended changes and, to the  extent  practicable,
how  such  recommendations will result in improved outcomes. The commis-
sioner of education shall submit the report to the governor, the speaker
of the assembly, the temporary president of the senate, and  the  chairs
of  the  senate  and  assembly higher education committees by January 1,
2020. The commissioners of the agencies identified in subdivision  a  of
this  section  shall be provided an opportunity to include statements or
alternative recommendations in such report.
  § 12. This act shall take effect eighteen months after it  shall  have
become  a  law;  provided,  however, that section five of this act shall
take effect on the same date and in the same  manner  as  section  6  of
chapter  347  of the laws of 2017, takes effect; provided, further, that
the provisions of subdivision a of section  eleven  of  this  act  shall
expire  July 1, 2020 when upon such date the provisions of such subdivi-
sion shall be deemed repealed.  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 implemen-
tation  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.