Bill Text: NY A03968 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the licensing of vision impairment specialists.
Spectrum: Slight Partisan Bill (Democrat 43-25)
Status: (Introduced - Dead) 2018-04-30 - print number 3968a [A03968 Detail]
Download: New_York-2017-A03968-Introduced.html
Bill Title: Provides for the licensing of vision impairment specialists.
Spectrum: Slight Partisan Bill (Democrat 43-25)
Status: (Introduced - Dead) 2018-04-30 - print number 3968a [A03968 Detail]
Download: New_York-2017-A03968-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3968 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. LUPARDO -- read once and referred to the Commit- tee on Higher Education 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: 1 Section 1. The education law is amended by adding a new article 169 to 2 read as follows: 3 ARTICLE 169 4 VISION IMPAIRMENT SPECIALISTS 5 Section 8900. Introduction. 6 8901. Definitions. 7 8902. Use of titles. 8 8903. State board for vision impairment specialists. 9 8904. Requirements for a license with a specialization as an 10 orientation and mobility specialist. 11 8905. Requirements for a license with a specialization as a 12 vision rehabilitation therapist. 13 8906. Limited permits. 14 8907. Exempt persons. 15 8908. Special provisions. 16 8909. Separability. 17 § 8900. Introduction. This article applies to the profession of vision 18 impairment specialists, and provides for the licensing of orientation 19 and mobility specialists and vision rehabilitation therapists. The 20 general provisions for all professions contained in article one hundred 21 thirty of this title shall apply to this article. 22 § 8901. Definitions. For purposes of this article, the following terms 23 shall have the following meanings: 24 1. The practice of "vision impairment specialist" shall mean providing 25 assessment and evaluation of, and training for, persons who are visually 26 impaired when such assessment, evaluation and training incorporates the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07472-01-7A. 3968 2 1 full range of specialized skills and tasks subsumed in the specializa- 2 tions of the profession defined in this section as: (a) orientation and 3 mobility training, and (b) vision rehabilitation therapy. Such services 4 shall be rendered on the prescription or referral which may be directive 5 as to treatment by a licensed physician, nurse practitioner, ophthalmol- 6 ogist or optometrist, provided however that no such treatment directive 7 and low vision examination shall be required when the person being 8 referred has been diagnosed within the previous twelve months as visual- 9 ly impaired, blind or legally blind as those terms are defined in subdi- 10 vision six of this section and such services are being rendered consist- 11 ent with that diagnosis, prescription or referral. Vision rehabilitation 12 therapists, and orientation and mobility specialists may not prescribe 13 optical low vision devices. 14 2. The practice of "vision impairment specialist" shall mean one who 15 specializes in orientation and mobility training and/or vision rehabili- 16 tation therapy. 17 3. The practice of "orientation and mobility training" shall mean: 18 (a) the assessment of individual needs of persons who are visually 19 impaired for skills training in methods of safe movement and in strate- 20 gies to gather required environmental and spatial information; (b) the 21 development of appropriate integrated service plans tailored to meet 22 such individual needs as identified in such assessment process; (c) the 23 provision of training in, and utilization of (i) equipment and adaptive 24 devices intended and designed for use by persons who are visually 25 impaired, and (ii) specialized techniques adapted for persons who are 26 visually impaired, including but not limited to orientation; sensory 27 development; systems of safe movement, including long cane techniques; 28 resource identification and, as appropriate, professional referrals; 29 and, in applied settings, reinforcing instruction for the use of optical 30 devices as prescribed by optometrists and ophthalmologists; and (d) the 31 evaluation of clients receiving such specialized training. 32 4. The practice of "vision rehabilitation therapy" shall mean: (a) the 33 assessment of individual needs of persons who are visually impaired for 34 skills training in independent living and communications; (b) the devel- 35 opment of appropriate integrated service plans tailored to meet such 36 individual needs as identified in such assessment process; (c) the 37 provision of training in, and utilization of (i) equipment and adaptive 38 devices intended and designed for use by persons who are visually 39 impaired, including, in applied settings, reinforcing instruction for 40 the use of optical devices as prescribed by optometrists or ophthalmolo- 41 gists, and (ii) specialized techniques adapted for persons who are visu- 42 ally impaired, including but not limited to Braille and other communi- 43 cation skills; adapted computer technology; personal management skills; 44 home management skills; problem solving skills; resource management and, 45 as appropriate, professional referrals; and (d) the evaluation of 46 persons receiving such specialized training. 47 5. "Applied settings" means those locations where persons who are 48 visually impaired engage in day-to-day activities utilizing the tools 49 supplied and techniques taught by the licensed practitioners defined in 50 this article. 51 6. "Visually impaired" means a person who is totally blind, legally 52 blind or partially sighted. A person who is totally blind is one who has 53 no useable vision. A person who is legally blind is one who satisfies 54 the definition set forth in subdivision b of section three of chapter 55 four hundred fifteen of the laws of nineteen hundred thirteen. A person 56 who is partially sighted is one who has functional vision impairmentA. 3968 3 1 that constitutes a significant limitation of visual capability resulting 2 from disease, trauma, or congenital condition, that cannot be fully 3 ameliorated by standard refractive correction, medication, or surgery, 4 and that is manifested by one or more of the following: insufficient 5 visual resolution, inadequate field of vision or reduced peak contrast 6 sensitivity. 7 7. "Board" shall mean the state board for vision impairment special- 8 ists as provided for in section eighty-nine thousand three of this arti- 9 cle. 10 § 8902. Use of titles. Only a person licensed or otherwise authorized 11 under this article shall be authorized to practice as a vision impair- 12 ment specialist or use the title "licensed orientation and mobility 13 specialist" or "licensed vision rehabilitation therapist" in connection 14 with his or her name or with any trade name in the conduct of his or her 15 profession. 16 § 8903. State board for vision impairment specialists. A state board 17 for vision impairment specialists shall be appointed by the board of 18 regents upon the recommendation of the commissioner for the purpose of 19 assisting the board of regents and the department on matters of profes- 20 sional licensing and professional conduct in accordance with section 21 sixty-five hundred eight of this title. The board shall consist of not 22 less than nine individuals, two of whom shall be licensed orientation 23 and mobility specialists, two of whom shall be licensed vision rehabili- 24 tation therapists, one ophthalmologist, one optometrist, one public 25 representative as defined in paragraph b of subdivision one of section 26 sixty-five hundred eight of this title and two of whom shall be blind 27 representatives of the public at large whose names will be placed in 28 nomination for the board from organizations of the blind or visually 29 impaired. Members of the initial board need not be licensed or certified 30 prior to their appointment to the board, so long as they are certified 31 by a national certifying or accrediting board, acceptable to the depart- 32 ment. Of the members first appointed, two shall be appointed for a three 33 year term, three shall be appointed for a four year term, and three 34 shall be appointed for a five year term. Thereafter all members shall 35 serve for five year terms. In the event that more than eight members are 36 appointed, a majority of the additional members shall be licensed orien- 37 tation and mobility specialists and licensed vision rehabilitation ther- 38 apists. The members of the board shall select one of themselves as chair 39 to serve for a one year term. An executive secretary shall be appointed 40 by the board of regents upon the recommendation of the commissioner. 41 § 8904. Requirements for a license with a specialization as an orien- 42 tation and mobility specialist. To qualify for a license as an orien- 43 tation and mobility specialist, an applicant shall fulfill the following 44 requirements: 45 1. Application: file an application with the department; 46 2. Education: have satisfactorily completed an approved curriculum in 47 orientation and mobility services including visual disabilities, vision 48 education, vision impairment or other equivalent program in a baccalau- 49 reate or graduate level program or a foreign equivalent, satisfactory to 50 the department and in accordance with the commissioner's regulations; 51 and 52 3. Examination: pass an examination satisfactory to the department in 53 accordance with the commissioner's regulations; 54 4. Age: be at least twenty-one years of age; 55 5. Character: be of good moral character as determined by the depart- 56 ment; andA. 3968 4 1 6. Registration: all licensed orientation and mobility specialists 2 shall register triennially with the department in accordance with the 3 commissioner's regulation. 4 7. Fee: a fee of two hundred dollars for an initial license and a fee 5 of one hundred fifty dollars for each triennial registration period. 6 § 8905. Requirements for a license with a specialization as a vision 7 rehabilitation therapist. To qualify for a license as a vision rehabili- 8 tation therapist an applicant shall fulfill the following requirements: 9 1. Application: file an application with the department; 10 2. Education: have satisfactorily completed an approved curriculum in 11 vision rehabilitation therapy including visual disabilities, vision 12 education, vision impairment or other equivalent program in a baccalau- 13 reate or graduate level program, or a foreign equivalent, satisfactory 14 to the department and in accordance with the commissioner's regulations; 15 3. Examination: pass an examination satisfactory to the department in 16 accordance with the commissioner's regulations; 17 4. Age: be at least twenty-one years of age; 18 5. Character: be of good moral character as determined by the depart- 19 ment; and 20 6. Registration: all licensed vision rehabilitation therapists shall 21 register triennially with the department in accordance with the commis- 22 sioner's regulations. 23 7. Fee: a fee of two hundred dollars for an initial license and a fee 24 of one hundred fifty dollars for each triennial registration period. 25 § 8906. Limited permits. The following requirements for a limited 26 permit shall apply to all professions licensed or certified pursuant to 27 this article: 28 1. On the recommendation of the board, the department may issue a 29 limited permit to an applicant who meets the education requirements for 30 licensure, except the examination and/or experience requirements, in 31 accordance with regulations promulgated therefor. 32 2. Limited permits shall be for one year and may be renewed, at the 33 discretion of the department, for one additional year. 34 3. The fee for each limited permit and for each renewal shall be 35 seventy dollars. 36 4. A limited permit holder shall practice only under supervision as 37 determined in accordance with the commissioner's regulations. 38 § 8907. Exempt persons. This article shall not be construed to affect 39 or prevent the following, provided that no title, sign, card or device 40 shall be used in such manner as to tend to convey the impression that 41 the person rendering such service is a licensed vision impairment 42 specialist: 43 1. The practice of licensed vision impairment specialist as an inte- 44 gral part of a program of study by students enrolled in approved educa- 45 tional or training programs in (a) orientation and mobility training or 46 (b) vision rehabilitation therapy. 47 2. Nothing contained in this article shall be construed to limit the 48 scopes of practice of any other profession licensed under this title; 49 provided, however, that such practitioners may not hold themselves out 50 under the titles "licensed vision impairment specialist", and/or 51 "licensed vision impairment specialist with a specialization in orien- 52 tation and mobility", and/or "licensed vision impairment specialist with 53 a specialization in vision rehabilitation therapy". 54 3. Nothing in this article shall be construed as prohibiting a person 55 from performing the duties of a licensed vision impairment specialist, 56 in the course of such employment, if such person is employed by a feder-A. 3968 5 1 al, state, county, town, city or village agency or other political 2 subdivision except that this exception from licensure shall not apply to 3 persons employed by institutions regulated primarily by the education 4 department. 5 4. This article shall not be construed to prohibit care delivered by 6 any family member, household member or friend, or person employed prima- 7 rily in a domestic capacity who does not hold himself or herself out, or 8 accept employment, as a person licensed to practice as a vision impair- 9 ment specialist under the provisions of this article; provided, however, 10 that if such person is remunerated, the person does not hold himself or 11 herself out as one who accepts employment for performing such care. 12 5. The instruction in the use of a dog guide. 13 6. Nothing in this article shall be construed as prohibiting a 14 licensed teacher of the visually impaired from performing any of the 15 duties, tasks or responsibilities within that scope of practice. 16 7. The instruction in the use of Braille. 17 § 8908. Special provisions. An individual who meets the requirements 18 for a license as a licensed vision impairment specialist with a special- 19 ization in orientation and mobility and/or vision rehabilitation, except 20 for examination, experience and education, and who is certified or 21 registered by a national certifying body having certification or regis- 22 tration standards acceptable to the commissioner, or an individual who 23 has worked as a vision impairment specialist focused on vision rehabili- 24 tation therapy and/or orientation and mobility in a workplace setting 25 which is primarily devoted to the treatment of individuals with vision 26 loss and blindness for at least three years, may be licensed, without 27 meeting additional requirements as to examination, experience and educa- 28 tion, provided that such individual submits an application to the 29 department within three years of the effective date of this section. 30 § 8909. Separability. If any section of this article, or part thereof, 31 shall be adjudged by any court of competent jurisdiction to be invalid, 32 such judgment shall not affect, impair or invalidate the remainder of 33 any other section or part thereof. 34 § 2. Subparagraph (i) of paragraph a of subdivision 1 of section 35 6503-a of the education law, as amended by chapter 554 of the laws of 36 2013, is amended to read as follows: 37 (i) services provided under article one hundred fifty-four, one 38 hundred sixty-three [or], one hundred sixty-seven or article one hundred 39 sixty-nine of this title for which licensure would be required, or 40 § 3. Paragraph a of subdivision 3 of section 6507 of the education 41 law, as amended by chapter 554 of the laws of 2013, is amended to read 42 as follows: 43 a. Establish standards for preprofessional and professional education, 44 experience and licensing examinations as required to implement the arti- 45 cle for each profession. Notwithstanding any other provision of law, the 46 commissioner shall establish standards requiring that all persons apply- 47 ing, on or after January first, nineteen hundred ninety-one, initially, 48 or for the renewal of, a license, registration or limited permit to be a 49 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 50 trist, psychiatrist, psychologist, licensed master social worker, 51 licensed clinical social worker, licensed creative arts therapist, 52 licensed marriage and family therapist, licensed mental health counse- 53 lor, licensed psychoanalyst, dental hygienist, licensed behavior 54 analyst, [or] certified behavior analyst assistant or licensed vision 55 impairment specialist shall, in addition to all the other licensure, 56 certification or permit requirements, have completed two hours ofA. 3968 6 1 coursework or training regarding the identification and reporting of 2 child abuse and maltreatment. The coursework or training shall be 3 obtained from an institution or provider which has been approved by the 4 department to provide such coursework or training. The coursework or 5 training shall include information regarding the physical and behavioral 6 indicators of child abuse and maltreatment and the statutory reporting 7 requirements set out in sections four hundred thirteen through four 8 hundred twenty of the social services law, including but not limited to, 9 when and how a report must be made, what other actions the reporter is 10 mandated or authorized to take, the legal protections afforded repor- 11 ters, and the consequences for failing to report. Such coursework or 12 training may also include information regarding the physical and behav- 13 ioral indicators of the abuse of individuals with mental retardation and 14 other developmental disabilities and voluntary reporting of abused or 15 neglected adults to the office of mental retardation and developmental 16 disabilities or the local adult protective services unit. Each applicant 17 shall provide the department with documentation showing that he or she 18 has completed the required training. The department shall provide an 19 exemption from the child abuse and maltreatment training requirements to 20 any applicant who requests such an exemption and who shows, to the 21 department's satisfaction, that there would be no need because of the 22 nature of his or her practice for him or her to complete such training; 23 § 4. Paragraph (a) of subdivision 1 of section 413 of the social 24 services law, as separately amended by chapters 126 and 205 of the laws 25 of 2014, is amended to read as follows: 26 (a) The following persons and officials are required to report or 27 cause a report to be made in accordance with this title when they have 28 reasonable cause to suspect that a child coming before them in their 29 professional or official capacity is an abused or maltreated child, or 30 when they have reasonable cause to suspect that a child is an abused or 31 maltreated child where the parent, guardian, custodian or other person 32 legally responsible for such child comes before them in their profes- 33 sional or official capacity and states from personal knowledge facts, 34 conditions or circumstances which, if correct, would render the child an 35 abused or maltreated child: any physician; registered physician assist- 36 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 37 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 38 psychologist; registered nurse; social worker; emergency medical techni- 39 cian; licensed creative arts therapist; licensed marriage and family 40 therapist; licensed mental health counselor; licensed psychoanalyst; 41 licensed behavior analyst; certified behavior analyst assistant; 42 licensed vision impairment specialist; hospital personnel engaged in the 43 admission, examination, care or treatment of persons; a Christian 44 Science practitioner; school official, which includes but is not limited 45 to school teacher, school guidance counselor, school psychologist, 46 school social worker, school nurse, school administrator or other school 47 personnel required to hold a teaching or administrative license or 48 certificate; full or part-time compensated school employee required to 49 hold a temporary coaching license or professional coaching certificate; 50 social services worker; director of a children's overnight camp, summer 51 day camp or traveling summer day camp, as such camps are defined in 52 section thirteen hundred ninety-two of the public health law; day care 53 center worker; school-age child care worker; provider of family or group 54 family day care; employee or volunteer in a residential care facility 55 for children that is licensed, certified or operated by the office of 56 children and family services; or any other child care or foster careA. 3968 7 1 worker; mental health professional; substance abuse counselor; alcohol- 2 ism counselor; all persons credentialed by the office of alcoholism and 3 substance abuse services; peace officer; police officer; district attor- 4 ney or assistant district attorney; investigator employed in the office 5 of a district attorney; or other law enforcement official. 6 § 5. Section 6505-b of the education law, as amended by chapter 477 of 7 the laws of 2008, is amended to read as follows: 8 § 6505-b. Course work or training in infection control practices. 9 Every dentist, registered nurse, licensed practical nurse, vision 10 impairment specialist, podiatrist, optometrist and dental hygienist 11 practicing in the state shall, on or before July first, nineteen hundred 12 ninety-four and every four years thereafter, complete course work or 13 training appropriate to the professional's practice approved by the 14 department regarding infection control and barrier precautions, includ- 15 ing engineering and work practice controls, in accordance with regulato- 16 ry standards promulgated by the department, in consultation with the 17 department of health, which shall be consistent, as far as appropriate, 18 with such standards adopted by the department of health pursuant to 19 section two hundred thirty-nine of the public health law to prevent the 20 transmission of HIV, HBV or HCV in the course of professional practice. 21 Each such professional shall document to the department at the time of 22 registration commencing with the first registration after July first, 23 nineteen hundred ninety-four that the professional has completed course 24 work or training in accordance with this section, provided, however that 25 a professional subject to the provisions of paragraph (f) of subdivision 26 one of section twenty-eight hundred five-k of the public health law 27 shall not be required to so document. The department shall provide an 28 exemption from this requirement to anyone who requests such an exemption 29 and who (i) clearly demonstrates to the department's satisfaction that 30 there would be no need for him or her to complete such course work or 31 training because of the nature of his or her practice or (ii) that he or 32 she has completed course work or training deemed by the department to be 33 equivalent to the course work or training approved by the department 34 pursuant to this section. The department shall consult with organiza- 35 tions representative of professions, institutions and those with exper- 36 tise in infection control and HIV, HBV and HCV with respect to the regu- 37 latory standards promulgated pursuant to this section. 38 § 6. Subdivision (a) of section 1203 of the limited liability company 39 law, as amended by chapter 475 of the laws of 2014, is amended to read 40 as follows: 41 (a) Notwithstanding the education law or any other provision of law, 42 one or more professionals each of whom is authorized by law to render a 43 professional service within the state, or one or more professionals, at 44 least one of whom is authorized by law to render a professional service 45 within the state, may form, or cause to be formed, a professional 46 service limited liability company for pecuniary profit under this arti- 47 cle for the purpose of rendering the professional service or services as 48 such professionals are authorized to practice. With respect to a profes- 49 sional service limited liability company formed to provide medical 50 services as such services are defined in article 131 of the education 51 law, each member of such limited liability company must be licensed 52 pursuant to article 131 of the education law to practice medicine in 53 this state. With respect to a professional service limited liability 54 company formed to provide dental services as such services are defined 55 in article 133 of the education law, each member of such limited liabil- 56 ity company must be licensed pursuant to article 133 of the educationA. 3968 8 1 law to practice dentistry in this state. With respect to a professional 2 service limited liability company formed to provide veterinary services 3 as such services are defined in article 135 of the education law, each 4 member of such limited liability company must be licensed pursuant to 5 article 135 of the education law to practice veterinary medicine in this 6 state. With respect to a professional service limited liability company 7 formed to provide professional engineering, land surveying, architec- 8 tural, landscape architectural and/or geological services as such 9 services are defined in article 145, article 147 and article 148 of the 10 education law, each member of such limited liability company must be 11 licensed pursuant to article 145, article 147 and/or article 148 of the 12 education law to practice one or more of such professions in this state. 13 With respect to a professional service limited liability company formed 14 to provide licensed clinical social work services as such services are 15 defined in article 154 of the education law, each member of such limited 16 liability company shall be licensed pursuant to article 154 of the 17 education law to practice licensed clinical social work in this state. 18 With respect to a professional service limited liability company formed 19 to provide creative arts therapy services as such services are defined 20 in article 163 of the education law, each member of such limited liabil- 21 ity company must be licensed pursuant to article 163 of the education 22 law to practice creative arts therapy in this state. With respect to a 23 professional service limited liability company formed to provide 24 marriage and family therapy services as such services are defined in 25 article 163 of the education law, each member of such limited liability 26 company must be licensed pursuant to article 163 of the education law to 27 practice marriage and family therapy in this state. With respect to a 28 professional service limited liability company formed to provide mental 29 health counseling services as such services are defined in article 163 30 of the education law, each member of such limited liability company must 31 be licensed pursuant to article 163 of the education law to practice 32 mental health counseling in this state. With respect to a professional 33 service limited liability company formed to provide psychoanalysis 34 services as such services are defined in article 163 of the education 35 law, each member of such limited liability company must be licensed 36 pursuant to article 163 of the education law to practice psychoanalysis 37 in this state. With respect to a professional service limited liability 38 company formed to provide applied behavior analysis services as such 39 services are defined in article 167 of the education law, each member of 40 such limited liability company must be licensed or certified pursuant to 41 article 167 of the education law to practice applied behavior analysis 42 in this state. With respect to a professional service limited liability 43 company formed to provide vision impairment specialist services as such 44 services are defined in article 169 of the education law, each member of 45 such limited liability company must be licensed pursuant to article 169 46 of the education law to practice as a vision impairment specialist in 47 this state. In addition to engaging in such profession or professions, a 48 professional service limited liability company may engage in any other 49 business or activities as to which a limited liability company may be 50 formed under section two hundred one of this chapter. Notwithstanding 51 any other provision of this section, a professional service limited 52 liability company (i) authorized to practice law may only engage in 53 another profession or business or activities or (ii) which is engaged in 54 a profession or other business or activities other than law may only 55 engage in the practice of law, to the extent not prohibited by any otherA. 3968 9 1 law of this state or any rule adopted by the appropriate appellate divi- 2 sion of the supreme court or the court of appeals. 3 § 7. Subdivision (b) of section 1207 of the limited liability company 4 law, as amended by chapter 475 of the laws of 2014, is amended to read 5 as follows: 6 (b) With respect to a professional service limited liability company 7 formed to provide medical services as such services are defined in arti- 8 cle 131 of the education law, each member of such limited liability 9 company must be licensed pursuant to article 131 of the education law to 10 practice medicine in this state. With respect to a professional service 11 limited liability company formed to provide dental services as such 12 services are defined in article 133 of the education law, each member of 13 such limited liability company must be licensed pursuant to article 133 14 of the education law to practice dentistry in this state. With respect 15 to a professional service limited liability company formed to provide 16 veterinary services as such services are defined in article 135 of the 17 education law, each member of such limited liability company must be 18 licensed pursuant to article 135 of the education law to practice veter- 19 inary medicine in this state. With respect to a professional service 20 limited liability company formed to provide professional engineering, 21 land surveying, architectural, landscape architectural and/or geological 22 services as such services are defined in article 145, article 147 and 23 article 148 of the education law, each member of such limited liability 24 company must be licensed pursuant to article 145, article 147 and/or 25 article 148 of the education law to practice one or more of such 26 professions in this state. With respect to a professional service limit- 27 ed liability company formed to provide licensed clinical social work 28 services as such services are defined in article 154 of the education 29 law, each member of such limited liability company shall be licensed 30 pursuant to article 154 of the education law to practice licensed clin- 31 ical social work in this state. With respect to a professional service 32 limited liability company formed to provide creative arts therapy 33 services as such services are defined in article 163 of the education 34 law, each member of such limited liability company must be licensed 35 pursuant to article 163 of the education law to practice creative arts 36 therapy in this state. With respect to a professional service limited 37 liability company formed to provide marriage and family therapy services 38 as such services are defined in article 163 of the education law, each 39 member of such limited liability company must be licensed pursuant to 40 article 163 of the education law to practice marriage and family therapy 41 in this state. With respect to a professional service limited liability 42 company formed to provide mental health counseling services as such 43 services are defined in article 163 of the education law, each member of 44 such limited liability company must be licensed pursuant to article 163 45 of the education law to practice mental health counseling in this state. 46 With respect to a professional service limited liability company formed 47 to provide psychoanalysis services as such services are defined in arti- 48 cle 163 of the education law, each member of such limited liability 49 company must be licensed pursuant to article 163 of the education law to 50 practice psychoanalysis in this state. With respect to a professional 51 service limited liability company formed to provide applied behavior 52 analysis services as such services are defined in article 167 of the 53 education law, each member of such limited liability company must be 54 licensed or certified pursuant to article 167 of the education law to 55 practice applied behavior analysis in this state. With respect to a 56 professional service limited liability company formed to provide visionA. 3968 10 1 impairment specialist services as such services are defined in article 2 169 of the education law, each member of such limited liability company 3 must be licensed pursuant to article 169 of the education law to prac- 4 tice as a vision impairment specialist in this state. 5 § 8. Subdivision (a) of section 1301 of the limited liability company 6 law, as amended by chapter 475 of the laws of 2014, is amended to read 7 as follows: 8 (a) "Foreign professional service limited liability company" means a 9 professional service limited liability company, whether or not denomi- 10 nated as such, organized under the laws of a jurisdiction other than 11 this state, (i) each of whose members and managers, if any, is a profes- 12 sional authorized by law to render a professional service within this 13 state and who is or has been engaged in the practice of such profession 14 in such professional service limited liability company or a predecessor 15 entity, or will engage in the practice of such profession in the profes- 16 sional service limited liability company within thirty days of the date 17 such professional becomes a member, or each of whose members and manag- 18 ers, if any, is a professional at least one of such members is author- 19 ized by law to render a professional service within this state and who 20 is or has been engaged in the practice of such profession in such 21 professional service limited liability company or a predecessor entity, 22 or will engage in the practice of such profession in the professional 23 service limited liability company within thirty days of the date such 24 professional becomes a member, or (ii) authorized by, or holding a 25 license, certificate, registration or permit issued by the licensing 26 authority pursuant to, the education law to render a professional 27 service within this state; except that all members and managers, if any, 28 of a foreign professional service limited liability company that 29 provides health services in this state shall be licensed in this state. 30 With respect to a foreign professional service limited liability company 31 which provides veterinary services as such services are defined in arti- 32 cle 135 of the education law, each member of such foreign professional 33 service limited liability company shall be licensed pursuant to article 34 135 of the education law to practice veterinary medicine. With respect 35 to a foreign professional service limited liability company which 36 provides medical services as such services are defined in article 131 of 37 the education law, each member of such foreign professional service 38 limited liability company must be licensed pursuant to article 131 of 39 the education law to practice medicine in this state. With respect to a 40 foreign professional service limited liability company which provides 41 dental services as such services are defined in article 133 of the 42 education law, each member of such foreign professional service limited 43 liability company must be licensed pursuant to article 133 of the educa- 44 tion law to practice dentistry in this state. With respect to a foreign 45 professional service limited liability company which provides profes- 46 sional engineering, land surveying, geologic, architectural and/or land- 47 scape architectural services as such services are defined in article 48 145, article 147 and article 148 of the education law, each member of 49 such foreign professional service limited liability company must be 50 licensed pursuant to article 145, article 147 and/or article 148 of the 51 education law to practice one or more of such professions in this state. 52 With respect to a foreign professional service limited liability company 53 which provides licensed clinical social work services as such services 54 are defined in article 154 of the education law, each member of such 55 foreign professional service limited liability company shall be licensed 56 pursuant to article 154 of the education law to practice clinical socialA. 3968 11 1 work in this state. With respect to a foreign professional service 2 limited liability company which provides creative arts therapy services 3 as such services are defined in article 163 of the education law, each 4 member of such foreign professional service limited liability company 5 must be licensed pursuant to article 163 of the education law to prac- 6 tice creative arts therapy in this state. With respect to a foreign 7 professional service limited liability company which provides marriage 8 and family therapy services as such services are defined in article 163 9 of the education law, each member of such foreign professional service 10 limited liability company must be licensed pursuant to article 163 of 11 the education law to practice marriage and family therapy in this state. 12 With respect to a foreign professional service limited liability company 13 which provides mental health counseling services as such services are 14 defined in article 163 of the education law, each member of such foreign 15 professional service limited liability company must be licensed pursuant 16 to article 163 of the education law to practice mental health counseling 17 in this state. With respect to a foreign professional service limited 18 liability company which provides psychoanalysis services as such 19 services are defined in article 163 of the education law, each member of 20 such foreign professional service limited liability company must be 21 licensed pursuant to article 163 of the education law to practice 22 psychoanalysis in this state. With respect to a foreign professional 23 service limited liability company which provides applied behavior analy- 24 sis services as such services are defined in article 167 of the educa- 25 tion law, each member of such foreign professional service limited 26 liability company must be licensed or certified pursuant to article 167 27 of the education law to practice applied behavior analysis in this 28 state. With respect to a foreign professional service limited liability 29 company which provides vision impairment specialist services as such 30 services are defined in article 169 of the education law, each member of 31 such foreign professional service limited liability company must be 32 licensed pursuant to article 169 of the education law to practice as a 33 vision impairment specialist in this state. 34 § 9. Subdivision (q) of section 121-1500 of the partnership law, as 35 amended by chapter 475 of the laws of 2014, is amended to read as 36 follows: 37 (q) Each partner of a registered limited liability partnership formed 38 to provide medical services in this state must be licensed pursuant to 39 article 131 of the education law to practice medicine in this state and 40 each partner of a registered limited liability partnership formed to 41 provide dental services in this state must be licensed pursuant to arti- 42 cle 133 of the education law to practice dentistry in this state. Each 43 partner of a registered limited liability partnership formed to provide 44 veterinary services in this state must be licensed pursuant to article 45 135 of the education law to practice veterinary medicine in this state. 46 Each partner of a registered limited liability partnership formed to 47 provide professional engineering, land surveying, geological services, 48 architectural and/or landscape architectural services in this state must 49 be licensed pursuant to article 145, article 147 and/or article 148 of 50 the education law to practice one or more of such professions in this 51 state. Each partner of a registered limited liability partnership formed 52 to provide licensed clinical social work services in this state must be 53 licensed pursuant to article 154 of the education law to practice clin- 54 ical social work in this state. Each partner of a registered limited 55 liability partnership formed to provide creative arts therapy services 56 in this state must be licensed pursuant to article 163 of the educationA. 3968 12 1 law to practice creative arts therapy in this state. Each partner of a 2 registered limited liability partnership formed to provide marriage and 3 family therapy services in this state must be licensed pursuant to arti- 4 cle 163 of the education law to practice marriage and family therapy in 5 this state. Each partner of a registered limited liability partnership 6 formed to provide mental health counseling services in this state must 7 be licensed pursuant to article 163 of the education law to practice 8 mental health counseling in this state. Each partner of a registered 9 limited liability partnership formed to provide psychoanalysis services 10 in this state must be licensed pursuant to article 163 of the education 11 law to practice psychoanalysis in this state. Each partner of a regis- 12 tered limited liability partnership formed to provide applied behavior 13 analysis service in this state must be licensed or certified pursuant to 14 article 167 of the education law to practice applied behavior analysis 15 in this state. Each partner of a registered limited liability partner- 16 ship formed to provide vision impairment specialist services in this 17 state must be licensed or certified pursuant to article 169 of the 18 education law to practice as a vision impairment specialist in this 19 state. 20 § 10. Subdivision (q) of section 121-1502 of the partnership law, as 21 amended by chapter 475 of the laws of 2014, is amended to read as 22 follows: 23 (q) Each partner of a foreign limited liability partnership which 24 provides medical services in this state must be licensed pursuant to 25 article 131 of the education law to practice medicine in the state and 26 each partner of a foreign limited liability partnership which provides 27 dental services in the state must be licensed pursuant to article 133 of 28 the education law to practice dentistry in this state. Each partner of a 29 foreign limited liability partnership which provides veterinary service 30 in the state shall be licensed pursuant to article 135 of the education 31 law to practice veterinary medicine in this state. Each partner of a 32 foreign limited liability partnership which provides professional engi- 33 neering, land surveying, geological services, architectural and/or land- 34 scape architectural services in this state must be licensed pursuant to 35 article 145, article 147 and/or article 148 of the education law to 36 practice one or more of such professions. Each partner of a foreign 37 limited liability partnership which provides licensed clinical social 38 work services in this state must be licensed pursuant to article 154 of 39 the education law to practice licensed clinical social work in this 40 state. Each partner of a foreign limited liability partnership which 41 provides creative arts therapy services in this state must be licensed 42 pursuant to article 163 of the education law to practice creative arts 43 therapy in this state. Each partner of a foreign limited liability part- 44 nership which provides marriage and family therapy services in this 45 state must be licensed pursuant to article 163 of the education law to 46 practice marriage and family therapy in this state. Each partner of a 47 foreign limited liability partnership which provides mental health coun- 48 seling services in this state must be licensed pursuant to article 163 49 of the education law to practice mental health counseling in this state. 50 Each partner of a foreign limited liability partnership which provides 51 psychoanalysis services in this state must be licensed pursuant to arti- 52 cle 163 of the education law to practice psychoanalysis in this state. 53 Each partner of a foreign limited liability partnership which provides 54 applied behavior analysis services in this state must be licensed or 55 certified pursuant to article 167 of the education law to practice 56 applied behavior analysis in this state. Each partner of a foreignA. 3968 13 1 limited liability partnership which provides vision impairment special- 2 ist services in this state must be licensed pursuant to article 169 of 3 the education law to practice as a vision impairment specialist in this 4 state. 5 § 11. a. Nothing in this act shall be construed as prohibiting a 6 person from performing the duties of a licensed vision impairment 7 specialist, in the course of such employment, if such person is employed 8 by programs licensed, certified, operated, or funded and regulated by 9 the office of children and family services including the commission for 10 the blind and visually impaired, the state education department or the 11 department of health; provided, however, that this section shall not 12 authorize the use of any title authorized pursuant to article 169 of the 13 education law. 14 b. On or before September 1, 2018, each office identified in subdivi- 15 sion a of this section that licenses, certifies, operates or funds and 16 regulates programs that employ individuals to provide services that 17 would otherwise be restricted to individuals licensed or authorized 18 under article 169 of the education law, shall submit to the commissioner 19 of education, in such form and detail as requested by such commissioner, 20 data in relation to: the number of individuals employed in exempt 21 programs licensed, certified, operated, or funded and regulated by each 22 office identified in subdivision a of this section on September 1, 2017 23 who are providing services that would otherwise be restricted to those 24 licensed or authorized under article 169 of the education law; and the 25 occupational title of individuals who on July 1, 2018 are not licensed 26 or otherwise authorized under title 8 of the education law, and who are 27 engaged in the practice of vision impairment specialist for the purpose 28 of providing vision impairment specialist services to persons who are 29 blind or visually impaired. 30 c. The commissioner of education, after receipt of this data and in 31 consultation with the offices identified in subdivision a of this 32 section, in consultation with not-for-profit providers, professional 33 associations, consumers and other key stakeholders, shall prepare a 34 report that recommends changes in any laws, rules or regulations neces- 35 sary to ensure appropriate licensure or other authorization of individ- 36 uals providing services that are within the restricted practice of 37 professions licensed or otherwise authorized under article 169 of the 38 education law. Such report shall include an estimate of the fiscal 39 impact of any such recommended changes and, to the extent practicable, 40 how such recommendations will result in improved outcomes. The commis- 41 sioner of education shall submit the report to the governor, the speaker 42 of the assembly, the temporary president of the senate, and the chairs 43 of the senate and assembly higher education committees by January 1, 44 2019. The commissioners of the agencies identified in subdivision a of 45 this section shall be provided an opportunity to include statements or 46 alternative recommendations in such report. 47 § 12. This act shall take effect eighteen months after it shall have 48 become a law; provided, however, that the provisions of subdivision a of 49 section eleven of this act shall expire July 1, 2019 when upon such date 50 the provisions of such subdivision shall be deemed repealed. The 51 commissioner of education and the board of regents are authorized to 52 promulgate such rules and regulations and take any other measures as may 53 be necessary for the timely implementation of this act on or before its 54 effective date, including but not limited to the appointment of the 55 state board for vision rehabilitation services, the acceptance and proc- 56 essing of applications for licensure, and the issuance of licenses.
