The New York State Senate

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

                                 3381--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 23, 2017
                               ___________

Introduced  by Sens. GRIFFO, GALLIVAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  -- recommitted to the Committee on Higher 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, 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.
        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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07472-02-8

S. 3381--A                          2

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-
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

S. 3381--A                          3

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.
  § 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-

S. 3381--A                          4

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
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;

S. 3381--A                          5

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
  §  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

S. 3381--A                          6

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
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

S. 3381--A                          7

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
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.

S. 3381--A                          8

  § 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
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

S. 3381--A                          9

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
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

S. 3381--A                         10

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.
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

S. 3381--A                         11

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
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

S. 3381--A                         12

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
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

S. 3381--A                         13

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.
  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

S. 3381--A                         14

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.