STATE OF NEW YORK
        ________________________________________________________________________

                                          3060

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by M. of A. LUPARDO, WILLIAMS, COOK, GUNTHER, WALLACE, BENE-
          DETTO, DiPIETRO, PALMESANO, RA, STECK, EPSTEIN, DICKENS, WALSH,  McDO-
          NOUGH  --  Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH, BRABE-
          NEC, COLTON, DAVILA, DINOWITZ, HAWLEY, HEVESI,  HUNTER,  KIM,  LAVINE,
          MORINELLO,   NORRIS,   PAULIN,  PEOPLES-STOKES,  L. ROSENTHAL,  SIMON,
          THIELE, WEPRIN -- read once and referred to the  Committee  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05271-01-3

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     1  and mobility  specialists  and  vision  rehabilitation  therapists.  The
     2  general  provisions for all professions contained in article one hundred
     3  thirty of this title shall apply to this article.
     4    § 8901. Definitions. For purposes of this article, the following terms
     5  shall have the following meanings:
     6    1. The practice of "vision impairment specialist" shall mean providing
     7  assessment and evaluation of, and training for, persons who are visually
     8  impaired  when such assessment, evaluation and training incorporates the
     9  full range of specialized skills and tasks subsumed in  the  specializa-
    10  tions of the profession defined in this section as:  (a) orientation and
    11  mobility  training, and (b) vision rehabilitation therapy. Such services
    12  shall be rendered on the prescription or referral which may be directive
    13  as to treatment by a licensed physician, nurse practitioner, ophthalmol-
    14  ogist or optometrist, provided however that no such treatment  directive
    15  and  low  vision  examination  shall  be  required when the person being
    16  referred has been diagnosed within the previous twelve months as visual-
    17  ly impaired, blind or legally blind as those terms are defined in subdi-
    18  vision six of this section and such services are being rendered consist-
    19  ent with that diagnosis, prescription or referral. Vision rehabilitation
    20  therapists, and orientation and mobility specialists may  not  prescribe
    21  optical low vision devices.
    22    2.  The  practice of "vision impairment specialist" shall mean one who
    23  specializes in orientation and mobility training and/or vision rehabili-
    24  tation therapy.
    25    3. The practice of "orientation and mobility training" shall mean:
    26    (a) the assessment of individual needs of  persons  who  are  visually
    27  impaired  for skills training in methods of safe movement and in strate-
    28  gies to gather required environmental and spatial information;  (b)  the
    29  development  of  appropriate  integrated  service plans tailored to meet
    30  such individual needs as identified in such assessment process; (c)  the
    31  provision  of training in, and utilization of (i) equipment and adaptive
    32  devices intended and designed  for  use  by  persons  who  are  visually
    33  impaired,  and  (ii)  specialized techniques adapted for persons who are
    34  visually impaired, including but not  limited  to  orientation;  sensory
    35  development;  systems  of safe movement, including long cane techniques;
    36  resource identification and,  as  appropriate,  professional  referrals;
    37  and, in applied settings, reinforcing instruction for the use of optical
    38  devices  as prescribed by optometrists and ophthalmologists; and (d) the
    39  evaluation of clients receiving such specialized training.
    40    4. The practice of "vision rehabilitation therapy" shall mean: (a) the
    41  assessment of individual needs of persons who are visually impaired  for
    42  skills training in independent living and communications; (b) the devel-
    43  opment  of  appropriate  integrated  service plans tailored to meet such
    44  individual needs as identified  in  such  assessment  process;  (c)  the
    45  provision  of training in, and utilization of (i) equipment and adaptive
    46  devices intended and designed  for  use  by  persons  who  are  visually
    47  impaired,  including,  in  applied settings, reinforcing instruction for
    48  the use of optical devices as prescribed by optometrists or ophthalmolo-
    49  gists, and (ii) specialized techniques adapted for persons who are visu-
    50  ally impaired, including but not limited to Braille and  other  communi-
    51  cation  skills; adapted computer technology; personal management skills;
    52  home management skills; problem solving skills; resource management and,
    53  as appropriate,  professional  referrals;  and  (d)  the  evaluation  of
    54  persons receiving such specialized training.
    55    5.  "Applied  settings"  means  those  locations where persons who are
    56  visually impaired engage in day-to-day activities  utilizing  the  tools

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     1  supplied  and techniques taught by the licensed practitioners defined in
     2  this article.
     3    6.  "Visually  impaired"  means a person who is totally blind, legally
     4  blind or partially sighted. A person who is totally blind is one who has
     5  no useable vision. A person who is legally blind is  one  who  satisfies
     6  the  definition  set  forth in subdivision b of section three of chapter
     7  four hundred fifteen of the laws of nineteen hundred thirteen. A  person
     8  who  is  partially  sighted  is one who has functional vision impairment
     9  that constitutes a significant limitation of visual capability resulting
    10  from disease, trauma, or congenital  condition,  that  cannot  be  fully
    11  ameliorated  by  standard refractive correction, medication, or surgery,
    12  and that is manifested by one or more  of  the  following:  insufficient
    13  visual  resolution,  inadequate field of vision or reduced peak contrast
    14  sensitivity.
    15    7. "Board" shall mean the state board for vision  impairment  special-
    16  ists  as provided for in section eighty-nine hundred three of this arti-
    17  cle.
    18    § 8902. Use of titles.  Only a person licensed or otherwise authorized
    19  under this article shall be authorized to practice as a  vision  impair-
    20  ment  specialist  or  use  the  title "licensed orientation and mobility
    21  specialist" or "licensed vision rehabilitation therapist" in  connection
    22  with his or her name or with any trade name in the conduct of his or her
    23  profession.
    24    §  8903.  State board for vision impairment specialists. A state board
    25  for vision impairment specialists shall be appointed  by  the  board  of
    26  regents  upon  the recommendation of the commissioner for the purpose of
    27  assisting the board of regents and the department on matters of  profes-
    28  sional  licensing  and  professional  conduct in accordance with section
    29  sixty-five hundred eight of this title. The board shall consist  of  not
    30  less  than  nine  individuals, two of whom shall be licensed orientation
    31  and mobility specialists, two of whom shall be licensed vision rehabili-
    32  tation therapists, one  ophthalmologist,  one  optometrist,  one  public
    33  representative  as  defined in paragraph b of subdivision one of section
    34  sixty-five hundred eight of this title and two of whom  shall  be  blind
    35  representatives  of  the  public  at large whose names will be placed in
    36  nomination for the board from organizations of  the  blind  or  visually
    37  impaired. Members of the initial board need not be licensed or certified
    38  prior  to  their appointment to the board, so long as they are certified
    39  by a national certifying or accrediting board, acceptable to the depart-
    40  ment. Of the members first appointed,  two  shall  be  appointed  for  a
    41  three-year  term,  three  shall  be  appointed for a four-year term, and
    42  three shall be appointed for a five-year term.  Thereafter  all  members
    43  shall  serve  for  five-year  terms.  In  the event that more than eight
    44  members are appointed, a majority of the  additional  members  shall  be
    45  licensed  orientation and mobility specialists and licensed vision reha-
    46  bilitation therapists. The members of the  board  shall  select  one  of
    47  themselves as chair to serve for a one-year term. An executive secretary
    48  shall  be  appointed  by the board of regents upon the recommendation of
    49  the commissioner.
    50    § 8904. Requirements for a license with a specialization as an  orien-
    51  tation  and  mobility  specialist. To qualify for a license as an orien-
    52  tation and mobility specialist, an applicant shall fulfill the following
    53  requirements:
    54    1. Application: file an application with the department;
    55    2. Education: have satisfactorily completed an approved curriculum  in
    56  orientation  and mobility services including visual disabilities, vision

        A. 3060                             4

     1  education, vision impairment or other equivalent program in a  baccalau-
     2  reate or graduate level program or a foreign equivalent, satisfactory to
     3  the department and in accordance with the commissioner's regulations;
     4    3.  Examination: pass an examination satisfactory to the department in
     5  accordance with the commissioner's regulations;
     6    4. Age: be at least twenty-one years of age;
     7    5. Character: be of good moral character as determined by the  depart-
     8  ment; and
     9    6.  Registration:  all  licensed  orientation and mobility specialists
    10  shall register triennially with the department in  accordance  with  the
    11  commissioner's regulation.
    12    7.  Fee: a fee of two hundred dollars for an initial license and a fee
    13  of one hundred fifty dollars for each triennial registration period.
    14    § 8905. Requirements for a license with a specialization as  a  vision
    15  rehabilitation therapist. To qualify for a license as a vision rehabili-
    16  tation therapist an applicant shall fulfill the following requirements:
    17    1. Application: file an application with the department;
    18    2.  Education: have satisfactorily completed an approved curriculum in
    19  vision rehabilitation  therapy  including  visual  disabilities,  vision
    20  education,  vision impairment or other equivalent program in a baccalau-
    21  reate or graduate level program, or a foreign  equivalent,  satisfactory
    22  to the department and in accordance with the commissioner's regulations;
    23    3.  Examination: pass an examination satisfactory to the department in
    24  accordance with the commissioner's regulations;
    25    4. Age: be at least twenty-one years of age;
    26    5. Character: be of good moral character as determined by the  depart-
    27  ment; and
    28    6.  Registration:  all licensed vision rehabilitation therapists shall
    29  register triennially with the department in accordance with the  commis-
    30  sioner's regulations.
    31    7.  Fee: a fee of two hundred dollars for an initial license and a fee
    32  of one hundred fifty dollars for each triennial registration period.
    33    § 8906. Limited permits. The  following  requirements  for  a  limited
    34  permit  shall apply to all professions licensed or certified pursuant to
    35  this article:
    36    1. On the recommendation of the board,  the  department  may  issue  a
    37  limited  permit to an applicant who meets the education requirements for
    38  licensure, except the examination  and/or  experience  requirements,  in
    39  accordance with regulations promulgated therefor.
    40    2.  Limited  permits  shall be for one year and may be renewed, at the
    41  discretion of the department, for one additional year.
    42    3. The fee for each limited permit  and  for  each  renewal  shall  be
    43  seventy dollars.
    44    4.  A  limited  permit holder shall practice only under supervision as
    45  determined in accordance with the commissioner's regulations.
    46    § 8907. Exempt persons. This article shall not be construed to  affect
    47  or  prevent  the following, provided that no title, sign, card or device
    48  shall be used in such manner as to tend to convey  the  impression  that
    49  the  person  rendering  such  service  is  a  licensed vision impairment
    50  specialist:
    51    1. The practice of licensed vision impairment specialist as  an  inte-
    52  gral  part of a program of study by students enrolled in approved educa-
    53  tional or training programs in (a) orientation and mobility training  or
    54  (b) vision rehabilitation therapy.
    55    2.  Nothing  contained in this article shall be construed to limit the
    56  scopes of practice of any other profession licensed  under  this  title;

        A. 3060                             5

     1  provided,  however,  that such practitioners may not hold themselves out
     2  under  the  titles  "licensed  vision  impairment  specialist",   and/or
     3  "licensed  vision  impairment specialist with a specialization in orien-
     4  tation and mobility", and/or "licensed vision impairment specialist with
     5  a specialization in vision rehabilitation therapy".
     6    3.  Nothing in this article shall be construed as prohibiting a person
     7  from performing the duties of a licensed vision  impairment  specialist,
     8  in the course of such employment, if such person is employed by a feder-
     9  al,  state,  county,  town,  city  or  village agency or other political
    10  subdivision except that this exception from licensure shall not apply to
    11  persons employed by institutions regulated primarily  by  the  education
    12  department.
    13    4.  This  article shall not be construed to prohibit care delivered by
    14  any family member, household member or friend, or person employed prima-
    15  rily in a domestic capacity who does not hold himself or herself out, or
    16  accept employment, as a person licensed to practice as a vision  impair-
    17  ment specialist under the provisions of this article; provided, however,
    18  that  if such person is remunerated, the person does not hold himself or
    19  herself out as one who accepts employment for performing such care.
    20    5. The instruction in the use of a dog guide.
    21    6. Nothing in  this  article  shall  be  construed  as  prohibiting  a
    22  licensed  teacher  of  the  visually impaired from performing any of the
    23  duties, tasks or responsibilities within that scope of practice.
    24    7. The instruction in the use of Braille.
    25    § 8908. Special provisions. An individual who meets  the  requirements
    26  for a license as a licensed vision impairment specialist with a special-
    27  ization in orientation and mobility and/or vision rehabilitation, except
    28  for  examination,  experience  and  education,  and  who is certified or
    29  registered by a national certifying body having certification or  regis-
    30  tration  standards  acceptable to the commissioner, or an individual who
    31  has worked as a vision impairment specialist focused on vision rehabili-
    32  tation therapy and/or orientation and mobility in  a  workplace  setting
    33  which  is  primarily devoted to the treatment of individuals with vision
    34  loss and blindness for at least three years, may  be  licensed,  without
    35  meeting additional requirements as to examination, experience and educa-
    36  tion,  provided  that  such  individual  submits  an  application to the
    37  department within three years of the effective date of this section.
    38    § 8909. Separability. If any section of this article, or part thereof,
    39  shall be adjudged by any court of competent jurisdiction to be  invalid,
    40  such  judgment  shall  not affect, impair or invalidate the remainder of
    41  any other section or part thereof.
    42    § 2. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
    43  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    44  2013, is amended to read as follows:
    45    (i) services  provided  under  article  one  hundred  fifty-four,  one
    46  hundred sixty-three [or], one hundred sixty-seven or article one hundred
    47  sixty-nine of this title for which licensure would be required, or
    48    §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
    49  law, as amended by chapter 479 of the laws of 2022, is amended  to  read
    50  as follows:
    51    a. Establish standards for preprofessional and professional education,
    52  experience and licensing examinations as required to implement the arti-
    53  cle for each profession. Notwithstanding any other provision of law, the
    54  commissioner shall establish standards requiring that all persons apply-
    55  ing,  on or after January first, nineteen hundred ninety-one, initially,
    56  or for the renewal of, a license, registration or limited permit to be a

        A. 3060                             6

     1  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
     2  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
     3  licensed clinical  social  worker,  licensed  creative  arts  therapist,
     4  licensed  marriage  and family therapist, licensed mental health counse-
     5  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
     6  analyst,  [or]  certified behavior analyst assistant, or licensed vision
     7  impairment specialist shall, in addition to  all  the  other  licensure,
     8  certification  or  permit  requirements,  have  completed  two  hours of
     9  coursework or training regarding the  identification  and  reporting  of
    10  child  abuse  and  maltreatment.  The  coursework  or  training shall be
    11  obtained from an institution or provider which has been approved by  the
    12  department  to  provide  such  coursework or training. The coursework or
    13  training shall include information regarding the physical and behavioral
    14  indicators of child abuse and maltreatment and the  statutory  reporting
    15  requirements  set  out  in  sections  four hundred thirteen through four
    16  hundred twenty of the social services law, including but not limited to,
    17  when and how a report must be made, what other actions the  reporter  is
    18  mandated  or  authorized  to take, the legal protections afforded repor-
    19  ters, and the consequences for failing to  report.  Such  coursework  or
    20  training  may also include information regarding the physical and behav-
    21  ioral indicators of the abuse of individuals with developmental disabil-
    22  ities and voluntary reporting of  abused  or  neglected  adults  to  the
    23  office  for  people  with  developmental disabilities or the local adult
    24  protective services unit.  Each applicant shall provide  the  department
    25  with  documentation  showing  that  he or she has completed the required
    26  training. The department shall provide an exemption from the child abuse
    27  and maltreatment training requirements to  any  applicant  who  requests
    28  such  an exemption and who shows, to the department's satisfaction, that
    29  there would be no need because of the nature of his or her practice  for
    30  him or her to complete such training;
    31    §  4.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    32  services law, as amended by section 7 of part C of  chapter  57  of  the
    33  laws of 2018, is amended to read as follows:
    34    (a)  The  following  persons  and  officials are required to report or
    35  cause a report to be made in accordance with this title when  they  have
    36  reasonable  cause  to  suspect  that a child coming before them in their
    37  professional or official capacity is an abused or maltreated  child,  or
    38  when  they have reasonable cause to suspect that a child is an abused or
    39  maltreated child where the parent, guardian, custodian or  other  person
    40  legally  responsible  for  such child comes before them in their profes-
    41  sional or official capacity and states from  personal  knowledge  facts,
    42  conditions or circumstances which, if correct, would render the child an
    43  abused  or maltreated child: any physician; registered physician assist-
    44  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    45  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    46  psychologist; registered nurse; social worker; emergency medical techni-
    47  cian; licensed creative arts therapist;  licensed  marriage  and  family
    48  therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
    49  licensed  behavior  analyst;  certified  behavior   analyst   assistant;
    50  licensed vision impairment specialist; hospital personnel engaged in the
    51  admission,  examination,  care  or  treatment  of  persons;  a Christian
    52  Science practitioner; school official, which includes but is not limited
    53  to school  teacher,  school  guidance  counselor,  school  psychologist,
    54  school social worker, school nurse, school administrator or other school
    55  personnel  required  to  hold  a  teaching  or administrative license or
    56  certificate; full or part-time compensated school employee  required  to

        A. 3060                             7

     1  hold  a temporary coaching license or professional coaching certificate;
     2  social services worker; employee of a publicly-funded emergency  shelter
     3  for  families  with  children;  director of a children's overnight camp,
     4  summer  day camp or traveling summer day camp, as such camps are defined
     5  in section thirteen hundred ninety-two of the  public  health  law;  day
     6  care  center worker; school-age child care worker; provider of family or
     7  group family day care; employee  or  volunteer  in  a  residential  care
     8  facility  for  children  that  is licensed, certified or operated by the
     9  office of children and family services;  or  any  other  child  care  or
    10  foster  care worker; mental health professional; substance abuse counse-
    11  lor; alcoholism counselor; all persons credentialed  by  the  office  of
    12  alcoholism  and substance abuse services; employees, who are expected to
    13  have regular and substantial contact with children, of a health home  or
    14  health  home  care  management  agency contracting with a health home as
    15  designated by the department of  health  and  authorized  under  section
    16  three hundred sixty-five-l of this chapter or such employees who provide
    17  home and community based services under a demonstration program pursuant
    18  to section eleven hundred fifteen of the federal social security act who
    19  are  expected  to  have  regular  and substantial contact with children;
    20  peace officer; police officer; district attorney or  assistant  district
    21  attorney; investigator employed in the office of a district attorney; or
    22  other law enforcement official.
    23    §  5. Section 6505-b of the education law, as amended by chapter 10 of
    24  the laws of 2018, is amended to read as follows:
    25    § 6505-b. Course work or  training  in  infection  control  practices.
    26  Every  dentist,  registered  nurse,  licensed  practical  nurse,  vision
    27  impairment specialist,  podiatrist,  optometrist  and  dental  hygienist
    28  practicing in the state shall, on or before July first, nineteen hundred
    29  ninety-four  and  every  four  years thereafter, complete course work or
    30  training appropriate to the  professional's  practice  approved  by  the
    31  department  regarding infection control, which shall include sepsis, and
    32  barrier precautions, including engineering and work  practice  controls,
    33  in  accordance  with regulatory standards promulgated by the department,
    34  in consultation with the department of health, which shall  be  consist-
    35  ent,  as  far as appropriate, with such standards adopted by the depart-
    36  ment of health pursuant to section two hundred thirty-nine of the public
    37  health law to prevent the transmission of HIV, HBV, HCV  and  infections
    38  that  could  lead to sepsis in the course of professional practice. Each
    39  such professional shall document to the department at the time of regis-
    40  tration commencing with the first registration after July  first,  nine-
    41  teen hundred ninety-four that the professional has completed course work
    42  or  training  in  accordance with this section, provided, however that a
    43  professional subject to the provisions of paragraph (f)  of  subdivision
    44  one  of  section  twenty-eight  hundred  five-k of the public health law
    45  shall not be required to so document. The department  shall  provide  an
    46  exemption from this requirement to anyone who requests such an exemption
    47  and  who  (i) clearly demonstrates to the department's satisfaction that
    48  there would be no need for him or her to complete such  course  work  or
    49  training because of the nature of his or her practice or (ii) that he or
    50  she has completed course work or training deemed by the department to be
    51  equivalent  to  the  course  work or training approved by the department
    52  pursuant to this section. The department shall  consult  with  organiza-
    53  tions  representative of professions, institutions and those with exper-
    54  tise in infection control and HIV, HBV, HCV and  infections  that  could
    55  lead  to  sepsis  with  respect  to the regulatory standards promulgated
    56  pursuant to this section.

        A. 3060                             8

     1    § 6. Subdivision (a) of section 1203 of the limited liability  company
     2  law,  as  amended by chapter 475 of the laws of 2014, is amended to read
     3  as follows:
     4    (a)  Notwithstanding  the education law or any other provision of law,
     5  one or more professionals each of whom is authorized by law to render  a
     6  professional  service within the state, or one or more professionals, at
     7  least one of whom is authorized by law to render a professional  service
     8  within  the  state,  may  form,  or  cause  to be formed, a professional
     9  service limited liability company for pecuniary profit under this  arti-
    10  cle for the purpose of rendering the professional service or services as
    11  such professionals are authorized to practice. With respect to a profes-
    12  sional  service  limited  liability  company  formed  to provide medical
    13  services as such services are defined in article 131  of  the  education
    14  law,  each  member  of  such  limited liability company must be licensed
    15  pursuant to article 131 of the education law  to  practice  medicine  in
    16  this  state.  With  respect  to a professional service limited liability
    17  company formed to provide dental services as such services  are  defined
    18  in article 133 of the education law, each member of such limited liabil-
    19  ity  company  must  be licensed pursuant to article 133 of the education
    20  law to practice dentistry in this state. With respect to a  professional
    21  service  limited liability company formed to provide veterinary services
    22  as such services are defined in article 135 of the education  law,  each
    23  member  of  such  limited liability company must be licensed pursuant to
    24  article 135 of the education law to practice veterinary medicine in this
    25  state. With respect to a professional service limited liability  company
    26  formed  to  provide  professional engineering, land surveying, architec-
    27  tural,  landscape  architectural  and/or  geological  services  as  such
    28  services  are defined in article 145, article 147 and article 148 of the
    29  education law, each member of such limited  liability  company  must  be
    30  licensed  pursuant to article 145, article 147 and/or article 148 of the
    31  education law to practice one or more of such professions in this state.
    32  With respect to a professional service limited liability company  formed
    33  to  provide  licensed clinical social work services as such services are
    34  defined in article 154 of the education law, each member of such limited
    35  liability company shall be licensed  pursuant  to  article  154  of  the
    36  education  law  to practice licensed clinical social work in this state.
    37  With respect to a professional service limited liability company  formed
    38  to  provide  creative arts therapy services as such services are defined
    39  in article 163 of the education law, each member of such limited liabil-
    40  ity company must be licensed pursuant to article 163  of  the  education
    41  law  to  practice creative arts therapy in this state. With respect to a
    42  professional  service  limited  liability  company  formed  to   provide
    43  marriage  and  family  therapy  services as such services are defined in
    44  article 163 of the education law, each member of such limited  liability
    45  company must be licensed pursuant to article 163 of the education law to
    46  practice  marriage  and  family therapy in this state. With respect to a
    47  professional service limited liability company formed to provide  mental
    48  health  counseling  services as such services are defined in article 163
    49  of the education law, each member of such limited liability company must
    50  be licensed pursuant to article 163 of the  education  law  to  practice
    51  mental  health  counseling in this state. With respect to a professional
    52  service limited  liability  company  formed  to  provide  psychoanalysis
    53  services  as  such  services are defined in article 163 of the education
    54  law, each member of such limited  liability  company  must  be  licensed
    55  pursuant  to article 163 of the education law to practice psychoanalysis
    56  in this state.  With respect to a professional service limited liability

        A. 3060                             9

     1  company formed to provide applied behavior  analysis  services  as  such
     2  services are defined in article 167 of the education law, each member of
     3  such limited liability company must be licensed or certified pursuant to
     4  article  167  of the education law to practice applied behavior analysis
     5  in this state.  With respect to a professional service limited liability
     6  company formed to provide vision impairment specialist services as  such
     7  services are defined in article 169 of the education law, each member of
     8  such  limited liability company must be licensed pursuant to article 169
     9  of the education law to practice as a vision  impairment  specialist  in
    10  this state. In addition to engaging in such profession or professions, a
    11  professional  service  limited liability company may engage in any other
    12  business or activities as to which a limited liability  company  may  be
    13  formed  under  section two hundred one of this chapter.  Notwithstanding
    14  any other provision of this  section,  a  professional  service  limited
    15  liability  company  (i)  authorized  to  practice law may only engage in
    16  another profession or business or activities or (ii) which is engaged in
    17  a profession or other business or activities other  than  law  may  only
    18  engage in the practice of law, to the extent not prohibited by any other
    19  law of this state or any rule adopted by the appropriate appellate divi-
    20  sion of the supreme court or the court of appeals.
    21    §  7. Subdivision (b) of section 1207 of the limited liability company
    22  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    23  as follows:
    24    (b)  With  respect to a professional service limited liability company
    25  formed to provide medical services as such services are defined in arti-
    26  cle 131 of the education law, each  member  of  such  limited  liability
    27  company must be licensed pursuant to article 131 of the education law to
    28  practice  medicine in this state. With respect to a professional service
    29  limited liability company formed to  provide  dental  services  as  such
    30  services are defined in article 133 of the education law, each member of
    31  such  limited liability company must be licensed pursuant to article 133
    32  of the education law to practice dentistry in this state.  With  respect
    33  to  a  professional  service limited liability company formed to provide
    34  veterinary services as such services are defined in article 135  of  the
    35  education  law,  each  member  of such limited liability company must be
    36  licensed pursuant to article 135 of the education law to practice veter-
    37  inary medicine in this state. With respect  to  a  professional  service
    38  limited  liability  company  formed to provide professional engineering,
    39  land surveying, architectural, landscape architectural and/or geological
    40  services as such services are defined in article 145,  article  147  and
    41  article  148 of the education law, each member of such limited liability
    42  company must be licensed pursuant to article  145,  article  147  and/or
    43  article  148  of  the  education  law  to  practice  one or more of such
    44  professions in this state. With respect to a professional service limit-
    45  ed liability company formed to provide  licensed  clinical  social  work
    46  services  as  such  services are defined in article 154 of the education
    47  law, each member of such limited liability  company  shall  be  licensed
    48  pursuant  to article 154 of the education law to practice licensed clin-
    49  ical social work in this state. With respect to a  professional  service
    50  limited  liability  company  formed  to  provide  creative  arts therapy
    51  services as such services are defined in article 163  of  the  education
    52  law,  each  member  of  such  limited liability company must be licensed
    53  pursuant to article 163 of the education law to practice  creative  arts
    54  therapy  in  this  state. With respect to a professional service limited
    55  liability company formed to provide marriage and family therapy services
    56  as such services are defined in article 163 of the education  law,  each

        A. 3060                            10

     1  member  of  such  limited liability company must be licensed pursuant to
     2  article 163 of the education law to practice marriage and family therapy
     3  in this state. With respect to a professional service limited  liability
     4  company  formed  to  provide  mental  health counseling services as such
     5  services are defined in article 163 of the education law, each member of
     6  such limited liability company must be licensed pursuant to article  163
     7  of the education law to practice mental health counseling in this state.
     8  With  respect to a professional service limited liability company formed
     9  to provide psychoanalysis services as such services are defined in arti-
    10  cle 163 of the education law, each  member  of  such  limited  liability
    11  company must be licensed pursuant to article 163 of the education law to
    12  practice  psychoanalysis  in  this state. With respect to a professional
    13  service limited liability company formed  to  provide  applied  behavior
    14  analysis  services  as  such  services are defined in article 167 of the
    15  education law, each member of such limited  liability  company  must  be
    16  licensed  or  certified  pursuant to article 167 of the education law to
    17  practice applied behavior analysis in this state.   With  respect  to  a
    18  professional  service limited liability company formed to provide vision
    19  impairment specialist services as such services are defined  in  article
    20  169  of the education law, each member of such limited liability company
    21  must be licensed pursuant to article 169 of the education law  to  prac-
    22  tice as a vision impairment specialist in this state.
    23    §  8. Subdivision (a) of section 1301 of the limited liability company
    24  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    25  as follows:
    26    (a)  "Foreign  professional service limited liability company" means a
    27  professional service limited liability company, whether or  not  denomi-
    28  nated  as  such,  organized  under the laws of a jurisdiction other than
    29  this state, (i) each of whose members and managers, if any, is a profes-
    30  sional authorized by law to render a professional  service  within  this
    31  state  and who is or has been engaged in the practice of such profession
    32  in such professional service limited liability company or a  predecessor
    33  entity, or will engage in the practice of such profession in the profes-
    34  sional  service limited liability company within thirty days of the date
    35  such professional becomes a member, or each of whose members and  manag-
    36  ers,  if  any, is a professional at least one of such members is author-
    37  ized by law to render a professional service within this state  and  who
    38  is  or  has  been  engaged  in  the  practice of such profession in such
    39  professional service limited liability company or a predecessor  entity,
    40  or  will  engage  in the practice of such profession in the professional
    41  service limited liability company within thirty days of  the  date  such
    42  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
    43  license, certificate, registration or permit  issued  by  the  licensing
    44  authority  pursuant  to,  the  education  law  to  render a professional
    45  service within this state; except that all members and managers, if any,
    46  of  a  foreign  professional  service  limited  liability  company  that
    47  provides  health services in this state shall be licensed in this state.
    48  With respect to a foreign professional service limited liability company
    49  which provides veterinary services as such services are defined in arti-
    50  cle 135 of the education law, each member of such  foreign  professional
    51  service  limited liability company shall be licensed pursuant to article
    52  135 of the education law to practice veterinary medicine.  With  respect
    53  to  a  foreign  professional  service  limited  liability  company which
    54  provides medical services as such services are defined in article 131 of
    55  the education law, each member  of  such  foreign  professional  service
    56  limited  liability  company  must be licensed pursuant to article 131 of

        A. 3060                            11

     1  the education law to practice medicine in this state.  With respect to a
     2  foreign professional service limited liability  company  which  provides
     3  dental  services  as  such  services  are  defined in article 133 of the
     4  education  law, each member of such foreign professional service limited
     5  liability company must be licensed pursuant to article 133 of the educa-
     6  tion law to practice dentistry in this state. With respect to a  foreign
     7  professional  service  limited  liability company which provides profes-
     8  sional engineering, land surveying, geologic, architectural and/or land-
     9  scape architectural services as such services  are  defined  in  article
    10  145,  article  147  and article 148 of the education law, each member of
    11  such foreign professional service  limited  liability  company  must  be
    12  licensed  pursuant to article 145, article 147 and/or article 148 of the
    13  education law to practice one or more of such professions in this state.
    14  With respect to a foreign professional service limited liability company
    15  which provides licensed clinical social work services as  such  services
    16  are  defined  in  article  154 of the education law, each member of such
    17  foreign professional service limited liability company shall be licensed
    18  pursuant to article 154 of the education law to practice clinical social
    19  work in this state. With  respect  to  a  foreign  professional  service
    20  limited  liability company which provides creative arts therapy services
    21  as such services are defined in article 163 of the education  law,  each
    22  member  of  such  foreign professional service limited liability company
    23  must be licensed pursuant to article 163 of the education law  to  prac-
    24  tice  creative  arts  therapy  in  this state. With respect to a foreign
    25  professional service limited liability company which  provides  marriage
    26  and  family therapy services as such services are defined in article 163
    27  of the education law, each member of such foreign  professional  service
    28  limited  liability  company  must be licensed pursuant to article 163 of
    29  the education law to practice marriage and family therapy in this state.
    30  With respect to a foreign professional service limited liability company
    31  which provides mental health counseling services as  such  services  are
    32  defined in article 163 of the education law, each member of such foreign
    33  professional service limited liability company must be licensed pursuant
    34  to article 163 of the education law to practice mental health counseling
    35  in  this  state.  With respect to a foreign professional service limited
    36  liability  company  which  provides  psychoanalysis  services  as   such
    37  services are defined in article 163 of the education law, each member of
    38  such  foreign  professional  service  limited  liability company must be
    39  licensed pursuant to article  163  of  the  education  law  to  practice
    40  psychoanalysis  in  this  state.  With respect to a foreign professional
    41  service limited liability company which provides applied behavior analy-
    42  sis services as such services are defined in article 167 of  the  educa-
    43  tion  law,  each  member  of  such  foreign professional service limited
    44  liability company must be licensed or certified pursuant to article  167
    45  of  the  education  law  to  practice  applied behavior analysis in this
    46  state. With respect to a foreign professional service limited  liability
    47  company  which  provides  vision  impairment specialist services as such
    48  services are defined in article 169 of the education law, each member of
    49  such foreign professional service  limited  liability  company  must  be
    50  licensed  pursuant  to article 169 of the education law to practice as a
    51  vision impairment specialist in this state.
    52    § 9. Subdivision (q) of section 121-1500 of the  partnership  law,  as
    53  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    54  follows:
    55    (q) Each partner of a registered limited liability partnership  formed
    56  to  provide  medical services in this state must be licensed pursuant to

        A. 3060                            12

     1  article 131 of the education law to practice medicine in this state  and
     2  each  partner  of  a  registered limited liability partnership formed to
     3  provide dental services in this state must be licensed pursuant to arti-
     4  cle  133 of the education law to practice dentistry in this state.  Each
     5  partner of a registered limited liability partnership formed to  provide
     6  veterinary  services  in this state must be licensed pursuant to article
     7  135 of the education law to practice veterinary medicine in this  state.
     8  Each  partner  of  a  registered limited liability partnership formed to
     9  provide professional engineering, land surveying,  geological  services,
    10  architectural and/or landscape architectural services in this state must
    11  be  licensed  pursuant to article 145, article 147 and/or article 148 of
    12  the education law to practice one or more of such  professions  in  this
    13  state. Each partner of a registered limited liability partnership formed
    14  to  provide licensed clinical social work services in this state must be
    15  licensed pursuant to article 154 of the education law to practice  clin-
    16  ical  social  work  in  this state. Each partner of a registered limited
    17  liability partnership formed to provide creative arts  therapy  services
    18  in  this state must be licensed pursuant to article 163 of the education
    19  law to practice creative arts therapy in this state. Each partner  of  a
    20  registered  limited liability partnership formed to provide marriage and
    21  family therapy services in this state must be licensed pursuant to arti-
    22  cle 163 of the education law to practice marriage and family therapy  in
    23  this  state.  Each partner of a registered limited liability partnership
    24  formed to provide mental health counseling services in this  state  must
    25  be  licensed  pursuant  to  article 163 of the education law to practice
    26  mental health counseling in this state. Each  partner  of  a  registered
    27  limited  liability partnership formed to provide psychoanalysis services
    28  in this state must be licensed pursuant to article 163 of the  education
    29  law  to  practice psychoanalysis in this state. Each partner of a regis-
    30  tered limited liability partnership formed to provide  applied  behavior
    31  analysis service in this state must be licensed or certified pursuant to
    32  article  167  of the education law to practice applied behavior analysis
    33  in this state.  Each partner of a registered limited liability  partner-
    34  ship  formed  to  provide  vision impairment specialist services in this
    35  state must be licensed or certified  pursuant  to  article  169  of  the
    36  education  law  to  practice  as  a vision impairment specialist in this
    37  state.
    38    § 10. Subdivision (q) of section 121-1502 of the partnership  law,  as
    39  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    40  follows:
    41    (q) Each partner of a  foreign  limited  liability  partnership  which
    42  provides  medical  services  in  this state must be licensed pursuant to
    43  article 131 of the education law to practice medicine in the  state  and
    44  each  partner  of a foreign limited liability partnership which provides
    45  dental services in the state must be licensed pursuant to article 133 of
    46  the education law to practice dentistry in this state. Each partner of a
    47  foreign limited liability partnership which provides veterinary  service
    48  in  the state shall be licensed pursuant to article 135 of the education
    49  law to practice veterinary medicine in this state.  Each  partner  of  a
    50  foreign  limited liability partnership which provides professional engi-
    51  neering, land surveying, geological services, architectural and/or land-
    52  scape architectural services in this state must be licensed pursuant  to
    53  article  145,  article  147  and/or  article 148 of the education law to
    54  practice one or more of such professions.  Each  partner  of  a  foreign
    55  limited  liability  partnership  which provides licensed clinical social
    56  work services in this state must be licensed pursuant to article 154  of

        A. 3060                            13

     1  the  education  law  to  practice  licensed clinical social work in this
     2  state. Each partner of a foreign  limited  liability  partnership  which
     3  provides  creative  arts therapy services in this state must be licensed
     4  pursuant  to  article 163 of the education law to practice creative arts
     5  therapy in this state. Each partner of a foreign limited liability part-
     6  nership which provides marriage and  family  therapy  services  in  this
     7  state  must  be licensed pursuant to article 163 of the education law to
     8  practice marriage and family therapy in this state. Each  partner  of  a
     9  foreign limited liability partnership which provides mental health coun-
    10  seling  services  in this state must be licensed pursuant to article 163
    11  of the education law to practice mental health counseling in this state.
    12  Each partner of a foreign limited liability partnership  which  provides
    13  psychoanalysis services in this state must be licensed pursuant to arti-
    14  cle  163  of the education law to practice psychoanalysis in this state.
    15  Each partner of a foreign limited liability partnership  which  provides
    16  applied  behavior  analysis  services  in this state must be licensed or
    17  certified pursuant to article 167  of  the  education  law  to  practice
    18  applied  behavior  analysis  in  this state.   Each partner of a foreign
    19  limited liability partnership which provides vision impairment  special-
    20  ist  services  in this state must be licensed pursuant to article 169 of
    21  the education law to practice as a vision impairment specialist in  this
    22  state.
    23    §  11.  a.  Nothing  in  this  act shall be construed as prohibiting a
    24  person from performing  the  duties  of  a  licensed  vision  impairment
    25  specialist, in the course of such employment, if such person is employed
    26  by  programs  licensed,  certified, operated, or funded and regulated by
    27  the office of children and family services including the commission  for
    28  the  blind  and visually impaired, the state education department or the
    29  department of health; provided, however, that  this  section  shall  not
    30  authorize the use of any title authorized pursuant to article 169 of the
    31  education law.
    32    b.  On or before September 1, 2024, each office identified in subdivi-
    33  sion a of this section that licenses, certifies, operates or  funds  and
    34  regulates  programs  that  employ  individuals  to provide services that
    35  would otherwise be restricted  to  individuals  licensed  or  authorized
    36  under article 169 of the education law, shall submit to the commissioner
    37  of education, in such form and detail as requested by such commissioner,
    38  data  in  relation  to:  the  number  of  individuals employed in exempt
    39  programs licensed, certified, operated, or funded and regulated by  each
    40  office  identified in subdivision a of this section on September 1, 2023
    41  who are providing services that would otherwise be restricted  to  those
    42  licensed  or  authorized under article 169 of the education law; and the
    43  occupational title of individuals who on July 1, 2024 are  not  licensed
    44  or  otherwise authorized under title 8 of the education law, and who are
    45  engaged in the practice of vision impairment specialist for the  purpose
    46  of  providing  vision  impairment specialist services to persons who are
    47  blind or visually impaired.
    48    c. The commissioner of education, after receipt of this  data  and  in
    49  consultation  with  the  offices  identified  in  subdivision  a of this
    50  section, in consultation  with  not-for-profit  providers,  professional
    51  associations,  consumers  and  other  key  stakeholders, shall prepare a
    52  report that recommends changes in any laws, rules or regulations  neces-
    53  sary  to ensure appropriate licensure or other authorization of individ-
    54  uals providing services that  are  within  the  restricted  practice  of
    55  professions  licensed  or  otherwise authorized under article 169 of the
    56  education law. Such report shall  include  an  estimate  of  the  fiscal

        A. 3060                            14

     1  impact  of  any such recommended changes and, to the extent practicable,
     2  how such recommendations will result in improved outcomes.  The  commis-
     3  sioner of education shall submit the report to the governor, the speaker
     4  of  the  assembly, the temporary president of the senate, and the chairs
     5  of the senate and assembly higher education  committees  by  January  1,
     6  2025.  The  commissioners of the agencies identified in subdivision a of
     7  this section shall be provided an opportunity to include  statements  or
     8  alternative recommendations in such report.
     9    §  12.  This act shall take effect eighteen months after it shall have
    10  become a law; provided, further, that the provisions of subdivision a of
    11  section eleven of this act shall expire July 1, 2025 when upon such date
    12  the provisions of such  subdivision  shall  be  deemed  repealed.    The
    13  commissioner  of  education  and  the board of regents are authorized to
    14  promulgate such rules and regulations and take any other measures as may
    15  be necessary for the timely implementation of this act on or before  its
    16  effective  date,  including  but  not  limited to the appointment of the
    17  state board for vision rehabilitation services, the acceptance and proc-
    18  essing of applications for licensure, and the issuance of licenses.