The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5740--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2021
                                ___________
 
 Introduced  by M. of A. LUPARDO, J. RIVERA, WILLIAMS, COOK, GALEF, GOTT-
   FRIED,  GUNTHER,  WALLACE,  BENEDETTO,  ABBATE,  DiPIETRO,  PALMESANO,
   MONTESANO,  RA,  STECK,  GRIFFIN,  EPSTEIN,  McDONALD, DICKENS, WALSH,
   McDONOUGH -- Multi-Sponsored by -- M. of A. ABINANTI, BARCLAY,  BLANK-
   ENBUSH,  BRABENEC, BYRNE, COLTON, CYMBROWITZ, DAVILA, DINOWITZ, ENGLE-
   BRIGHT,  HAWLEY,  HEVESI,  HUNTER,  KIM,  LAVINE,  MORINELLO,  NORRIS,
   PAULIN,  PEOPLES-STOKES, QUART, L. ROSENTHAL, SIMON, THIELE, WEPRIN --
   read once and referred to the Committee on Higher Education --  recom-
   mitted  to the Committee on Higher Education in accordance with Assem-
   bly 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.
         8905. REQUIREMENTS FOR A LICENSE  WITH  A  SPECIALIZATION  AS  A
                 VISION REHABILITATION THERAPIST.
         8906. LIMITED PERMITS.
         8907. EXEMPT PERSONS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05398-03-2

 A. 5740--A                          2
 
         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-
 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,
 A. 5740--A                          3
 
 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 HUNDRED 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 ORIENTATION AND MOBILITY SPECIALISTS AND LICENSED VISION  REHA-
 BILITATION  THERAPISTS.  THE  MEMBERS  OF  THE BOARD SHALL SELECT ONE OF
 THEMSELVES AS CHAIR TO SERVE FOR A ONE-YEAR TERM. AN EXECUTIVE SECRETARY
 SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON  THE  RECOMMENDATION  OF
 THE COMMISSIONER.
   §  8904. REQUIREMENTS FOR A LICENSE WITH A SPECIALIZATION AS AN ORIEN-
 TATION AND MOBILITY SPECIALIST. TO QUALIFY FOR A LICENSE  AS  AN  ORIEN-
 A. 5740--A                          4

 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;
   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:
 A. 5740--A                          5

   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
   § 3. Paragraph a of subdivision 3 of section  6507  of  the  education
 law,  as  amended by chapter 672 of the laws of 2019, is amended to read
 as follows:
 A. 5740--A                          6
 
   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 for people with developmental disabili-
 ties 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
 A. 5740--A                          7

 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
 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
 A. 5740--A                          8
 
 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
 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
 A. 5740--A                          9
 
 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
 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
 A. 5740--A                         10
 
 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.
 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
 A. 5740--A                         11
 
 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
 SERVICES ARE DEFINED IN ARTICLE 169 OF THE EDUCATION LAW, EACH MEMBER OF
 SUCH FOREIGN PROFESSIONAL SERVICE  LIMITED  LIABILITY  COMPANY  MUST  BE
 A. 5740--A                         12
 
 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
 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
 A. 5740--A                         13
 
 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, 2023, 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,  2022
 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, 2023 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
 A. 5740--A                         14
 
 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,
 2024.  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, further, that the provisions of subdivision a of
 section eleven of this act shall expire July 1, 2024 when upon such date
 the provisions of such  subdivision  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 implementation of this act on or before  its
 effective  date,  including  but  not  limited to the appointment of the
 state board for vision rehabilitation services, the acceptance and proc-
 essing of applications for licensure, and the issuance of licenses.