Bill Text: NY A06875 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for the licensing of vision impairment specialists.

Spectrum: Slight Partisan Bill (Democrat 39-19)

Status: (Introduced) 2019-03-25 - referred to higher education [A06875 Detail]

Download: New_York-2019-A06875-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6875
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 25, 2019
                                       ___________
        Introduced  by  M.  of A. LUPARDO, RIVERA, WILLIAMS, ORTIZ, COOK, GALEF,
          GOTTFRIED, DiPIETRO, CROUCH, PALMESANO,  MONTESANO,  GUNTHER,  D'URSO,
          WALLACE,  BLAKE,  PERRY, RYAN, BENEDETTO, ABBATE, DE LA ROSA, RAIA, RA
          -- Multi-Sponsored by -- M.  of  A.  ABINANTI,  BARCLAY,  BLANKENBUSH,
          BRABENEC,  BYRNE, COLTON, CRESPO, CYMBROWITZ, DAVILA, DINOWITZ, ENGLE-
          BRIGHT, FINCH, HAWLEY, HEVESI,  HUNTER,  KIM,  KOLB,  LAVINE,  LENTOL,
          McDONOUGH,  M. G. MILLER,  M. L. MILLER,  MORINELLO,  NORRIS,  PAULIN,
          PEOPLES-STOKES,  QUART,  L. ROSENTHAL,  SIMON,  STEC,  THIELE,  WALSH,
          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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08052-01-9

        A. 6875                             2
     1    § 8900. Introduction. This article applies to the profession of vision
     2  impairment  specialists,  and  provides for the licensing of orientation
     3  and mobility  specialists  and  vision  rehabilitation  therapists.  The
     4  general  provisions for all professions contained in article one hundred
     5  thirty of this title shall apply to this article.
     6    § 8901. Definitions. For purposes of this article, the following terms
     7  shall have the following meanings:
     8    1. The practice of "vision impairment specialist" shall mean providing
     9  assessment and evaluation of, and training for, persons who are visually
    10  impaired  when such assessment, evaluation and training incorporates the
    11  full range of specialized skills and tasks subsumed in  the  specializa-
    12  tions of the profession defined in this section as:  (a) orientation and
    13  mobility  training, and (b) vision rehabilitation therapy. Such services
    14  shall be rendered on the prescription or referral which may be directive
    15  as to treatment by a licensed physician, nurse practitioner, ophthalmol-
    16  ogist or optometrist, provided however that no such treatment  directive
    17  and  low  vision  examination  shall  be  required when the person being
    18  referred has been diagnosed within the previous twelve months as visual-
    19  ly impaired, blind or legally blind as those terms are defined in subdi-
    20  vision six of this section and such services are being rendered consist-
    21  ent with that diagnosis, prescription or referral. Vision rehabilitation
    22  therapists, and orientation and mobility specialists may  not  prescribe
    23  optical low vision devices.
    24    2.  The  practice of "vision impairment specialist" shall mean one who
    25  specializes in orientation and mobility training and/or vision rehabili-
    26  tation therapy.
    27    3. The practice of "orientation and mobility training" shall mean:
    28    (a) the assessment of individual needs of  persons  who  are  visually
    29  impaired  for skills training in methods of safe movement and in strate-
    30  gies to gather required environmental and spatial information;  (b)  the
    31  development  of  appropriate  integrated  service plans tailored to meet
    32  such individual needs as identified in such assessment process; (c)  the
    33  provision  of training in, and utilization of (i) equipment and adaptive
    34  devices intended and designed  for  use  by  persons  who  are  visually
    35  impaired,  and  (ii)  specialized techniques adapted for persons who are
    36  visually impaired, including but not  limited  to  orientation;  sensory
    37  development;  systems  of safe movement, including long cane techniques;
    38  resource identification and,  as  appropriate,  professional  referrals;
    39  and, in applied settings, reinforcing instruction for the use of optical
    40  devices  as prescribed by optometrists and ophthalmologists; and (d) the
    41  evaluation of clients receiving such specialized training.
    42    4. The practice of "vision rehabilitation therapy" shall mean: (a) the
    43  assessment of individual needs of persons who are visually impaired  for
    44  skills training in independent living and communications; (b) the devel-
    45  opment  of  appropriate  integrated  service plans tailored to meet such
    46  individual needs as identified  in  such  assessment  process;  (c)  the
    47  provision  of training in, and utilization of (i) equipment and adaptive
    48  devices intended and designed  for  use  by  persons  who  are  visually
    49  impaired,  including,  in  applied settings, reinforcing instruction for
    50  the use of optical devices as prescribed by optometrists or ophthalmolo-
    51  gists, and (ii) specialized techniques adapted for persons who are visu-
    52  ally impaired, including but not limited to Braille and  other  communi-
    53  cation  skills; adapted computer technology; personal management skills;
    54  home management skills; problem solving skills; resource management and,
    55  as appropriate,  professional  referrals;  and  (d)  the  evaluation  of
    56  persons receiving such specialized training.

        A. 6875                             3
     1    5.  "Applied  settings"  means  those  locations where persons who are
     2  visually impaired engage in day-to-day activities  utilizing  the  tools
     3  supplied  and techniques taught by the licensed practitioners defined in
     4  this article.
     5    6.  "Visually  impaired"  means a person who is totally blind, legally
     6  blind or partially sighted. A person who is totally blind is one who has
     7  no useable vision. A person who is legally blind is  one  who  satisfies
     8  the  definition  set  forth in subdivision b of section three of chapter
     9  four hundred fifteen of the laws of nineteen hundred thirteen. A  person
    10  who  is  partially  sighted  is one who has functional vision impairment
    11  that constitutes a significant limitation of visual capability resulting
    12  from disease, trauma, or congenital  condition,  that  cannot  be  fully
    13  ameliorated  by  standard refractive correction, medication, or surgery,
    14  and that is manifested by one or more  of  the  following:  insufficient
    15  visual  resolution,  inadequate field of vision or reduced peak contrast
    16  sensitivity.
    17    7. "Board" shall mean the state board for vision  impairment  special-
    18  ists as provided for in section eighty-nine thousand three of this arti-
    19  cle.
    20    § 8902. Use of titles.  Only a person licensed or otherwise authorized
    21  under  this  article shall be authorized to practice as a vision impair-
    22  ment specialist or use the  title  "licensed  orientation  and  mobility
    23  specialist"  or "licensed vision rehabilitation therapist" in connection
    24  with his or her name or with any trade name in the conduct of his or her
    25  profession.
    26    § 8903. State board for vision impairment specialists. A  state  board
    27  for  vision  impairment  specialists  shall be appointed by the board of
    28  regents upon the recommendation of the commissioner for the  purpose  of
    29  assisting  the board of regents and the department on matters of profes-
    30  sional licensing and professional conduct  in  accordance  with  section
    31  sixty-five  hundred  eight of this title. The board shall consist of not
    32  less than nine individuals, two of whom shall  be  licensed  orientation
    33  and mobility specialists, two of whom shall be licensed vision rehabili-
    34  tation  therapists,  one  ophthalmologist,  one  optometrist, one public
    35  representative as defined in paragraph b of subdivision one  of  section
    36  sixty-five  hundred  eight  of this title and two of whom shall be blind
    37  representatives of the public at large whose names  will  be  placed  in
    38  nomination  for  the  board  from organizations of the blind or visually
    39  impaired. Members of the initial board need not be licensed or certified
    40  prior to their appointment to the board, so long as they  are  certified
    41  by a national certifying or accrediting board, acceptable to the depart-
    42  ment. Of the members first appointed, two shall be appointed for a three
    43  year  term,  three  shall  be  appointed for a four year term, and three
    44  shall be appointed for a five year term. Thereafter  all  members  shall
    45  serve for five year terms. In the event that more than eight members are
    46  appointed, a majority of the additional members shall be licensed orien-
    47  tation and mobility specialists and licensed vision rehabilitation ther-
    48  apists. The members of the board shall select one of themselves as chair
    49  to  serve for a one year term. An executive secretary shall be appointed
    50  by the board of regents upon the recommendation of the commissioner.
    51    § 8904. Requirements for a license with a specialization as an  orien-
    52  tation  and  mobility  specialist. To qualify for a license as an orien-
    53  tation and mobility specialist, an applicant shall fulfill the following
    54  requirements:
    55    1. Application: file an application with the department;

        A. 6875                             4
     1    2. Education: have satisfactorily completed an approved curriculum  in
     2  orientation  and mobility services including visual disabilities, vision
     3  education, vision impairment or other equivalent program in a  baccalau-
     4  reate or graduate level program or a foreign equivalent, satisfactory to
     5  the department and in accordance with the commissioner's regulations;
     6    3.  Examination: pass an examination satisfactory to the department in
     7  accordance with the commissioner's regulations;
     8    4. Age: be at least twenty-one years of age;
     9    5. Character: be of good moral character as determined by the  depart-
    10  ment; and
    11    6.  Registration:  all  licensed  orientation and mobility specialists
    12  shall register triennially with the department in  accordance  with  the
    13  commissioner's regulation.
    14    7.  Fee: a fee of two hundred dollars for an initial license and a fee
    15  of one hundred fifty dollars for each triennial registration period.
    16    § 8905. Requirements for a license with a specialization as  a  vision
    17  rehabilitation therapist. To qualify for a license as a vision rehabili-
    18  tation therapist an applicant shall fulfill the following requirements:
    19    1. Application: file an application with the department;
    20    2.  Education: have satisfactorily completed an approved curriculum in
    21  vision rehabilitation  therapy  including  visual  disabilities,  vision
    22  education,  vision impairment or other equivalent program in a baccalau-
    23  reate or graduate level program, or a foreign  equivalent,  satisfactory
    24  to the department and in accordance with the commissioner's regulations;
    25    3.  Examination: pass an examination satisfactory to the department in
    26  accordance with the commissioner's regulations;
    27    4. Age: be at least twenty-one years of age;
    28    5. Character: be of good moral character as determined by the  depart-
    29  ment; and
    30    6.  Registration:  all licensed vision rehabilitation therapists shall
    31  register triennially with the department in accordance with the  commis-
    32  sioner's regulations.
    33    7.  Fee: a fee of two hundred dollars for an initial license and a fee
    34  of one hundred fifty dollars for each triennial registration period.
    35    § 8906. Limited permits. The  following  requirements  for  a  limited
    36  permit  shall apply to all professions licensed or certified pursuant to
    37  this article:
    38    1. On the recommendation of the board,  the  department  may  issue  a
    39  limited  permit to an applicant who meets the education requirements for
    40  licensure, except the examination  and/or  experience  requirements,  in
    41  accordance with regulations promulgated therefor.
    42    2.  Limited  permits  shall be for one year and may be renewed, at the
    43  discretion of the department, for one additional year.
    44    3. The fee for each limited permit  and  for  each  renewal  shall  be
    45  seventy dollars.
    46    4.  A  limited  permit holder shall practice only under supervision as
    47  determined in accordance with the commissioner's regulations.
    48    § 8907. Exempt persons. This article shall not be construed to  affect
    49  or  prevent  the following, provided that no title, sign, card or device
    50  shall be used in such manner as to tend to convey  the  impression  that
    51  the  person  rendering  such  service  is  a  licensed vision impairment
    52  specialist:
    53    1. The practice of licensed vision impairment specialist as  an  inte-
    54  gral  part of a program of study by students enrolled in approved educa-
    55  tional or training programs in (a) orientation and mobility training  or
    56  (b) vision rehabilitation therapy.

        A. 6875                             5
     1    2.  Nothing  contained in this article shall be construed to limit the
     2  scopes of practice of any other profession licensed  under  this  title;
     3  provided,  however,  that such practitioners may not hold themselves out
     4  under  the  titles  "licensed  vision  impairment  specialist",   and/or
     5  "licensed  vision  impairment specialist with a specialization in orien-
     6  tation and mobility", and/or "licensed vision impairment specialist with
     7  a specialization in vision rehabilitation therapy".
     8    3. Nothing in this article shall be construed as prohibiting a  person
     9  from  performing  the duties of a licensed vision impairment specialist,
    10  in the course of such employment, if such person is employed by a feder-
    11  al, state, county, town, city  or  village  agency  or  other  political
    12  subdivision except that this exception from licensure shall not apply to
    13  persons  employed  by  institutions regulated primarily by the education
    14  department.
    15    4. This article shall not be construed to prohibit care  delivered  by
    16  any family member, household member or friend, or person employed prima-
    17  rily in a domestic capacity who does not hold himself or herself out, or
    18  accept  employment, as a person licensed to practice as a vision impair-
    19  ment specialist under the provisions of this article; provided, however,
    20  that if such person is remunerated, the person does not hold himself  or
    21  herself out as one who accepts employment for performing such care.
    22    5. The instruction in the use of a dog guide.
    23    6.  Nothing  in  this  article  shall  be  construed  as prohibiting a
    24  licensed teacher of the visually impaired from  performing  any  of  the
    25  duties, tasks or responsibilities within that scope of practice.
    26    7. The instruction in the use of Braille.
    27    §  8908.  Special provisions. An individual who meets the requirements
    28  for a license as a licensed vision impairment specialist with a special-
    29  ization in orientation and mobility and/or vision rehabilitation, except
    30  for examination, experience and  education,  and  who  is  certified  or
    31  registered  by a national certifying body having certification or regis-
    32  tration standards acceptable to the commissioner, or an  individual  who
    33  has worked as a vision impairment specialist focused on vision rehabili-
    34  tation  therapy  and/or  orientation and mobility in a workplace setting
    35  which is primarily devoted to the treatment of individuals  with  vision
    36  loss  and  blindness  for at least three years, may be licensed, without
    37  meeting additional requirements as to examination, experience and educa-
    38  tion, provided that  such  individual  submits  an  application  to  the
    39  department within three years of the effective date of this section.
    40    § 8909. Separability. If any section of this article, or part thereof,
    41  shall  be adjudged by any court of competent jurisdiction to be invalid,
    42  such judgment shall not affect, impair or invalidate  the  remainder  of
    43  any other section or part thereof.
    44    §  2.  Subparagraph  (i)  of  paragraph  a of subdivision 1 of section
    45  6503-a of the education law, as amended by chapter 554 of  the  laws  of
    46  2013, is amended to read as follows:
    47    (i)  services  provided  under  article  one  hundred  fifty-four, one
    48  hundred sixty-three [or], one hundred sixty-seven or article one hundred
    49  sixty-nine of this title for which licensure would be required, or
    50    § 3. Paragraph a of subdivision 3 of section  6507  of  the  education
    51  law,  as  amended by chapter 554 of the laws of 2013, is amended to read
    52  as follows:
    53    a. Establish standards for preprofessional and professional education,
    54  experience and licensing examinations as required to implement the arti-
    55  cle for each profession. Notwithstanding any other provision of law, the
    56  commissioner shall establish standards requiring that all persons apply-

        A. 6875                             6
     1  ing, on or after January first, nineteen hundred ninety-one,  initially,
     2  or for the renewal of, a license, registration or limited permit to be a
     3  physician,  chiropractor, dentist, registered nurse, podiatrist, optome-
     4  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
     5  licensed clinical  social  worker,  licensed  creative  arts  therapist,
     6  licensed  marriage  and family therapist, licensed mental health counse-
     7  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
     8  analyst,  [or]  certified  behavior analyst assistant or licensed vision
     9  impairment specialist shall, in addition to  all  the  other  licensure,
    10  certification  or  permit  requirements,  have  completed  two  hours of
    11  coursework or training regarding the  identification  and  reporting  of
    12  child  abuse  and  maltreatment.  The  coursework  or  training shall be
    13  obtained from an institution or provider which has been approved by  the
    14  department  to  provide  such  coursework or training. The coursework or
    15  training shall include information regarding the physical and behavioral
    16  indicators of child abuse and maltreatment and the  statutory  reporting
    17  requirements  set  out  in  sections  four hundred thirteen through four
    18  hundred twenty of the social services law, including but not limited to,
    19  when and how a report must be made, what other actions the  reporter  is
    20  mandated  or  authorized  to take, the legal protections afforded repor-
    21  ters, and the consequences for failing to  report.  Such  coursework  or
    22  training  may also include information regarding the physical and behav-
    23  ioral indicators of the abuse of individuals with mental retardation and
    24  other developmental disabilities and voluntary reporting  of  abused  or
    25  neglected  adults  to the office of mental retardation and developmental
    26  disabilities or the local adult protective services unit. Each applicant
    27  shall provide the department with documentation showing that he  or  she
    28  has  completed  the  required  training. The department shall provide an
    29  exemption from the child abuse and maltreatment training requirements to
    30  any applicant who requests such an  exemption  and  who  shows,  to  the
    31  department's  satisfaction,  that  there would be no need because of the
    32  nature of his or her practice for him or her to complete such training;
    33    § 4. Paragraph (a) of subdivision 1  of  section  413  of  the  social
    34  services  law,  as  amended  by section 7 of part C of chapter 57 of the
    35  laws of 2018, is amended to read as follows:
    36    (a) The following persons and officials  are  required  to  report  or
    37  cause  a  report to be made in accordance with this title when they have
    38  reasonable cause to suspect that a child coming  before  them  in  their
    39  professional  or  official capacity is an abused or maltreated child, or
    40  when they have reasonable cause to suspect that a child is an abused  or
    41  maltreated  child  where the parent, guardian, custodian or other person
    42  legally responsible for such child comes before them  in  their  profes-
    43  sional  or  official  capacity and states from personal knowledge facts,
    44  conditions or circumstances which, if correct, would render the child an
    45  abused or maltreated child: any physician; registered physician  assist-
    46  ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
    47  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    48  psychologist; registered nurse; social worker; emergency medical techni-
    49  cian;  licensed  creative  arts  therapist; licensed marriage and family
    50  therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
    51  licensed   behavior   analyst;  certified  behavior  analyst  assistant;
    52  licensed vision impairment specialist; hospital personnel engaged in the
    53  admission, examination,  care  or  treatment  of  persons;  a  Christian
    54  Science practitioner; school official, which includes but is not limited
    55  to  school  teacher,  school  guidance  counselor,  school psychologist,
    56  school social worker, school nurse, school administrator or other school

        A. 6875                             7
     1  personnel required to hold  a  teaching  or  administrative  license  or
     2  certificate;  full  or part-time compensated school employee required to
     3  hold a temporary coaching license or professional coaching  certificate;
     4  social  services worker; employee of a publicly-funded emergency shelter
     5  for families with children; director of  a  children's  overnight  camp,
     6  summer  day camp or traveling summer day camp, as such camps are defined
     7  in section thirteen hundred ninety-two of the  public  health  law;  day
     8  care  center worker; school-age child care worker; provider of family or
     9  group family day care; employee  or  volunteer  in  a  residential  care
    10  facility  for  children  that  is licensed, certified or operated by the
    11  office of children and family services;  or  any  other  child  care  or
    12  foster  care worker; mental health professional; substance abuse counse-
    13  lor; alcoholism counselor; all persons credentialed  by  the  office  of
    14  alcoholism  and substance abuse services; employees, who are expected to
    15  have regular and substantial contact with children, of a health home  or
    16  health  home  care  management  agency contracting with a health home as
    17  designated by the department of  health  and  authorized  under  section
    18  three hundred sixty-five-l of this chapter or such employees who provide
    19  home and community based services under a demonstration program pursuant
    20  to section eleven hundred fifteen of the federal social security act who
    21  are  expected  to  have  regular  and substantial contact with children;
    22  peace officer; police officer; district attorney or  assistant  district
    23  attorney; investigator employed in the office of a district attorney; or
    24  other law enforcement official.
    25    §  5. Section 6505-b of the education law, as amended by chapter 10 of
    26  the laws of 2018, is amended to read as follows:
    27    § 6505-b. Course work or  training  in  infection  control  practices.
    28  Every  dentist,  registered  nurse,  licensed  practical  nurse,  vision
    29  impairment specialist,  podiatrist,  optometrist  and  dental  hygienist
    30  practicing in the state shall, on or before July first, nineteen hundred
    31  ninety-four  and  every  four  years thereafter, complete course work or
    32  training appropriate to the  professional's  practice  approved  by  the
    33  department  regarding infection control, which shall include sepsis, and
    34  barrier precautions, including engineering and work  practice  controls,
    35  in  accordance  with regulatory standards promulgated by the department,
    36  in consultation with the department of health, which shall  be  consist-
    37  ent,  as  far as appropriate, with such standards adopted by the depart-
    38  ment of health pursuant to section two hundred thirty-nine of the public
    39  health law to prevent the transmission of HIV, HBV, HCV  and  infections
    40  that  could  lead to sepsis in the course of professional practice. Each
    41  such professional shall document to the department at the time of regis-
    42  tration commencing with the first registration after July  first,  nine-
    43  teen hundred ninety-four that the professional has completed course work
    44  or  training  in  accordance with this section, provided, however that a
    45  professional subject to the provisions of paragraph (f)  of  subdivision
    46  one  of  section  twenty-eight  hundred  five-k of the public health law
    47  shall not be required to so document. The department  shall  provide  an
    48  exemption from this requirement to anyone who requests such an exemption
    49  and  who  (i) clearly demonstrates to the department's satisfaction that
    50  there would be no need for him or her to complete such  course  work  or
    51  training because of the nature of his or her practice or (ii) that he or
    52  she has completed course work or training deemed by the department to be
    53  equivalent  to  the  course  work or training approved by the department
    54  pursuant to this section. The department shall  consult  with  organiza-
    55  tions  representative of professions, institutions and those with exper-
    56  tise in infection control and HIV, HBV, HCV and  infections  that  could

        A. 6875                             8
     1  lead  to  sepsis  with  respect  to the regulatory standards promulgated
     2  pursuant to this section.
     3    §  6. Subdivision (a) of section 1203 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    (a)  Notwithstanding  the education law or any other provision of law,
     7  one or more professionals each of whom is authorized by law to render  a
     8  professional  service within the state, or one or more professionals, at
     9  least one of whom is authorized by law to render a professional  service
    10  within  the  state,  may  form,  or  cause  to be formed, a professional
    11  service limited liability company for pecuniary profit under this  arti-
    12  cle for the purpose of rendering the professional service or services as
    13  such professionals are authorized to practice. With respect to a profes-
    14  sional  service  limited  liability  company  formed  to provide medical
    15  services as such services are defined in article 131  of  the  education
    16  law,  each  member  of  such  limited liability company must be licensed
    17  pursuant to article 131 of the education law  to  practice  medicine  in
    18  this  state.  With  respect  to a professional service limited liability
    19  company formed to provide dental services as such services  are  defined
    20  in article 133 of the education law, each member of such limited liabil-
    21  ity  company  must  be licensed pursuant to article 133 of the education
    22  law to practice dentistry in this state. With respect to a  professional
    23  service  limited liability company formed to provide veterinary services
    24  as such services are defined in article 135 of the education  law,  each
    25  member  of  such  limited liability company must be licensed pursuant to
    26  article 135 of the education law to practice veterinary medicine in this
    27  state. With respect to a professional service limited liability  company
    28  formed  to  provide  professional engineering, land surveying, architec-
    29  tural,  landscape  architectural  and/or  geological  services  as  such
    30  services  are defined in article 145, article 147 and article 148 of the
    31  education law, each member of such limited  liability  company  must  be
    32  licensed  pursuant to article 145, article 147 and/or article 148 of the
    33  education law to practice one or more of such professions in this state.
    34  With respect to a professional service limited liability company  formed
    35  to  provide  licensed clinical social work services as such services are
    36  defined in article 154 of the education law, each member of such limited
    37  liability company shall be licensed  pursuant  to  article  154  of  the
    38  education  law  to practice licensed clinical social work in this state.
    39  With respect to a professional service limited liability company  formed
    40  to  provide  creative arts therapy services as such services are defined
    41  in article 163 of the education law, each member of such limited liabil-
    42  ity company must be licensed pursuant to article 163  of  the  education
    43  law  to  practice creative arts therapy in this state. With respect to a
    44  professional  service  limited  liability  company  formed  to   provide
    45  marriage  and  family  therapy  services as such services are defined in
    46  article 163 of the education law, each member of such limited  liability
    47  company must be licensed pursuant to article 163 of the education law to
    48  practice  marriage  and  family therapy in this state. With respect to a
    49  professional service limited liability company formed to provide  mental
    50  health  counseling  services as such services are defined in article 163
    51  of the education law, each member of such limited liability company must
    52  be licensed pursuant to article 163 of the  education  law  to  practice
    53  mental  health  counseling in this state. With respect to a professional
    54  service limited  liability  company  formed  to  provide  psychoanalysis
    55  services  as  such  services are defined in article 163 of the education
    56  law, each member of such limited  liability  company  must  be  licensed

        A. 6875                             9
     1  pursuant  to article 163 of the education law to practice psychoanalysis
     2  in this state.  With respect to a professional service limited liability
     3  company formed to provide applied behavior  analysis  services  as  such
     4  services are defined in article 167 of the education law, each member of
     5  such limited liability company must be licensed or certified pursuant to
     6  article  167  of the education law to practice applied behavior analysis
     7  in this state.  With respect to a professional service limited liability
     8  company formed to provide vision impairment specialist services as  such
     9  services are defined in article 169 of the education law, each member of
    10  such  limited liability company must be licensed pursuant to article 169
    11  of the education law to practice as a vision  impairment  specialist  in
    12  this state. In addition to engaging in such profession or professions, a
    13  professional  service  limited liability company may engage in any other
    14  business or activities as to which a limited liability  company  may  be
    15  formed  under  section two hundred one of this chapter.  Notwithstanding
    16  any other provision of this  section,  a  professional  service  limited
    17  liability  company  (i)  authorized  to  practice law may only engage in
    18  another profession or business or activities or (ii) which is engaged in
    19  a profession or other business or activities other  than  law  may  only
    20  engage in the practice of law, to the extent not prohibited by any other
    21  law of this state or any rule adopted by the appropriate appellate divi-
    22  sion of the supreme court or the court of appeals.
    23    §  7. Subdivision (b) of section 1207 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    (b)  With  respect to a professional service limited liability company
    27  formed to provide medical services as such services are defined in arti-
    28  cle 131 of the education law, each  member  of  such  limited  liability
    29  company must be licensed pursuant to article 131 of the education law to
    30  practice  medicine in this state. With respect to a professional service
    31  limited liability company formed to  provide  dental  services  as  such
    32  services are defined in article 133 of the education law, each member of
    33  such  limited liability company must be licensed pursuant to article 133
    34  of the education law to practice dentistry in this state.  With  respect
    35  to  a  professional  service limited liability company formed to provide
    36  veterinary services as such services are defined in article 135  of  the
    37  education  law,  each  member  of such limited liability company must be
    38  licensed pursuant to article 135 of the education law to practice veter-
    39  inary medicine in this state. With respect  to  a  professional  service
    40  limited  liability  company  formed to provide professional engineering,
    41  land surveying, architectural, landscape architectural and/or geological
    42  services as such services are defined in article 145,  article  147  and
    43  article  148 of the education law, each member of such limited liability
    44  company must be licensed pursuant to article  145,  article  147  and/or
    45  article  148  of  the  education  law  to  practice  one or more of such
    46  professions in this state. With respect to a professional service limit-
    47  ed liability company formed to provide  licensed  clinical  social  work
    48  services  as  such  services are defined in article 154 of the education
    49  law, each member of such limited liability  company  shall  be  licensed
    50  pursuant  to article 154 of the education law to practice licensed clin-
    51  ical social work in this state. With respect to a  professional  service
    52  limited  liability  company  formed  to  provide  creative  arts therapy
    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  creative  arts
    56  therapy  in  this  state. With respect to a professional service limited

        A. 6875                            10
     1  liability company formed to provide marriage and family therapy services
     2  as such services are defined in article 163 of the education  law,  each
     3  member  of  such  limited liability company must be licensed pursuant to
     4  article 163 of the education law to practice marriage and family therapy
     5  in  this state. With respect to a professional service limited liability
     6  company formed to provide mental  health  counseling  services  as  such
     7  services are defined in article 163 of the education law, each member of
     8  such  limited liability company must be licensed pursuant to article 163
     9  of the education law to practice mental health counseling in this state.
    10  With respect to a professional service limited liability company  formed
    11  to provide psychoanalysis services as such services are defined in arti-
    12  cle  163  of  the  education  law, each member of such limited liability
    13  company must be licensed pursuant to article 163 of the education law to
    14  practice psychoanalysis in this state. With respect  to  a  professional
    15  service  limited  liability  company  formed to provide applied behavior
    16  analysis services as such services are defined in  article  167  of  the
    17  education  law,  each  member  of such limited liability company must be
    18  licensed or certified pursuant to article 167 of the  education  law  to
    19  practice  applied  behavior  analysis in this state.   With respect to a
    20  professional service limited liability company formed to provide  vision
    21  impairment  specialist  services as such services are defined in article
    22  169 of the education law, each member of such limited liability  company
    23  must  be  licensed pursuant to article 169 of the education law to prac-
    24  tice as a vision impairment specialist in this state.
    25    § 8. Subdivision (a) of section 1301 of the limited liability  company
    26  law,  as  amended by chapter 475 of the laws of 2014, is amended to read
    27  as follows:
    28    (a) "Foreign professional service limited liability company"  means  a
    29  professional  service  limited liability company, whether or not denomi-
    30  nated as such, organized under the laws of  a  jurisdiction  other  than
    31  this state, (i) each of whose members and managers, if any, is a profes-
    32  sional  authorized  by  law to render a professional service within this
    33  state and who is or has been engaged in the practice of such  profession
    34  in  such professional service limited liability company or a predecessor
    35  entity, or will engage in the practice of such profession in the profes-
    36  sional service limited liability company within thirty days of the  date
    37  such  professional becomes a member, or each of whose members and manag-
    38  ers, if any, is a professional at least one of such members  is  author-
    39  ized  by  law to render a professional service within this state and who
    40  is or has been engaged in  the  practice  of  such  profession  in  such
    41  professional  service limited liability company or a predecessor entity,
    42  or will engage in the practice of such profession  in  the  professional
    43  service  limited  liability  company within thirty days of the date such
    44  professional becomes a member, or  (ii)  authorized  by,  or  holding  a
    45  license,  certificate,  registration  or  permit issued by the licensing
    46  authority pursuant to,  the  education  law  to  render  a  professional
    47  service within this state; except that all members and managers, if any,
    48  of  a  foreign  professional  service  limited  liability  company  that
    49  provides health services in this state shall be licensed in this  state.
    50  With respect to a foreign professional service limited liability company
    51  which provides veterinary services as such services are defined in arti-
    52  cle  135  of the education law, each member of such foreign professional
    53  service limited liability company shall be licensed pursuant to  article
    54  135  of  the education law to practice veterinary medicine. With respect
    55  to a  foreign  professional  service  limited  liability  company  which
    56  provides medical services as such services are defined in article 131 of

        A. 6875                            11
     1  the  education  law,  each  member  of such foreign professional service
     2  limited liability company must be licensed pursuant to  article  131  of
     3  the education law to practice medicine in this state.  With respect to a
     4  foreign  professional  service  limited liability company which provides
     5  dental services as such services are  defined  in  article  133  of  the
     6  education  law, each member of such foreign professional service limited
     7  liability company must be licensed pursuant to article 133 of the educa-
     8  tion law to practice dentistry in this state. With respect to a  foreign
     9  professional  service  limited  liability company which provides profes-
    10  sional engineering, land surveying, geologic, architectural and/or land-
    11  scape architectural services as such services  are  defined  in  article
    12  145,  article  147  and article 148 of the education law, each member of
    13  such foreign professional service  limited  liability  company  must  be
    14  licensed  pursuant to article 145, article 147 and/or article 148 of the
    15  education law to practice one or more of such professions in this state.
    16  With respect to a foreign professional service limited liability company
    17  which provides licensed clinical social work services as  such  services
    18  are  defined  in  article  154 of the education law, each member of such
    19  foreign professional service limited liability company shall be licensed
    20  pursuant to article 154 of the education law to practice clinical social
    21  work in this state. With  respect  to  a  foreign  professional  service
    22  limited  liability company which provides creative arts therapy services
    23  as such services are defined in article 163 of the education  law,  each
    24  member  of  such  foreign professional service limited liability company
    25  must be licensed pursuant to article 163 of the education law  to  prac-
    26  tice  creative  arts  therapy  in  this state. With respect to a foreign
    27  professional service limited liability company which  provides  marriage
    28  and  family therapy services as such services are defined in article 163
    29  of the education law, each member of such foreign  professional  service
    30  limited  liability  company  must be licensed pursuant to article 163 of
    31  the education law to practice marriage and family therapy in this state.
    32  With respect to a foreign professional service limited liability company
    33  which provides mental health counseling services as  such  services  are
    34  defined in article 163 of the education law, each member of such foreign
    35  professional service limited liability company must be licensed pursuant
    36  to article 163 of the education law to practice mental health counseling
    37  in  this  state.  With respect to a foreign professional service limited
    38  liability  company  which  provides  psychoanalysis  services  as   such
    39  services are defined in article 163 of the education law, each member of
    40  such  foreign  professional  service  limited  liability company must be
    41  licensed pursuant to article  163  of  the  education  law  to  practice
    42  psychoanalysis  in  this  state.  With respect to a foreign professional
    43  service limited liability company which provides applied behavior analy-
    44  sis services as such services are defined in article 167 of  the  educa-
    45  tion  law,  each  member  of  such  foreign professional service limited
    46  liability company must be licensed or certified pursuant to article  167
    47  of  the  education  law  to  practice  applied behavior analysis in this
    48  state. With respect to a foreign professional service limited  liability
    49  company  which  provides  vision  impairment specialist services as such
    50  services are defined in article 169 of the education law, each member of
    51  such foreign professional service  limited  liability  company  must  be
    52  licensed  pursuant  to article 169 of the education law to practice as a
    53  vision impairment specialist in this state.
    54    § 9. Subdivision (q) of section 121-1500 of the  partnership  law,  as
    55  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    56  follows:

        A. 6875                            12
     1    (q) Each partner of a registered limited liability partnership  formed
     2  to  provide  medical services in this state must be licensed pursuant to
     3  article 131 of the education law to practice medicine in this state  and
     4  each  partner  of  a  registered limited liability partnership formed to
     5  provide dental services in this state must be licensed pursuant to arti-
     6  cle  133 of the education law to practice dentistry in this state.  Each
     7  partner of a registered limited liability partnership formed to  provide
     8  veterinary  services  in this state must be licensed pursuant to article
     9  135 of the education law to practice veterinary medicine in this  state.
    10  Each  partner  of  a  registered limited liability partnership formed to
    11  provide professional engineering, land surveying,  geological  services,
    12  architectural and/or landscape architectural services in this state must
    13  be  licensed  pursuant to article 145, article 147 and/or article 148 of
    14  the education law to practice one or more of such  professions  in  this
    15  state. Each partner of a registered limited liability partnership formed
    16  to  provide licensed clinical social work services in this state must be
    17  licensed pursuant to article 154 of the education law to practice  clin-
    18  ical  social  work  in  this state. Each partner of a registered limited
    19  liability partnership formed to provide creative arts  therapy  services
    20  in  this state must be licensed pursuant to article 163 of the education
    21  law to practice creative arts therapy in this state. Each partner  of  a
    22  registered  limited liability partnership formed to provide marriage and
    23  family therapy services in this state must be licensed pursuant to arti-
    24  cle 163 of the education law to practice marriage and family therapy  in
    25  this  state.  Each partner of a registered limited liability partnership
    26  formed to provide mental health counseling services in this  state  must
    27  be  licensed  pursuant  to  article 163 of the education law to practice
    28  mental health counseling in this state. Each  partner  of  a  registered
    29  limited  liability partnership formed to provide psychoanalysis services
    30  in this state must be licensed pursuant to article 163 of the  education
    31  law  to  practice psychoanalysis in this state. Each partner of a regis-
    32  tered limited liability partnership formed to provide  applied  behavior
    33  analysis service in this state must be licensed or certified pursuant to
    34  article  167  of the education law to practice applied behavior analysis
    35  in this state.  Each partner of a registered limited liability  partner-
    36  ship  formed  to  provide  vision impairment specialist services in this
    37  state must be licensed or certified  pursuant  to  article  169  of  the
    38  education  law  to  practice  as  a vision impairment specialist in this
    39  state.
    40    § 10. Subdivision (q) of section 121-1502 of the partnership  law,  as
    41  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    42  follows:
    43    (q) Each partner of a  foreign  limited  liability  partnership  which
    44  provides  medical  services  in  this state must be licensed pursuant to
    45  article 131 of the education law to practice medicine in the  state  and
    46  each  partner  of a foreign limited liability partnership which provides
    47  dental services in the state must be licensed pursuant to article 133 of
    48  the education law to practice dentistry in this state. Each partner of a
    49  foreign limited liability partnership which provides veterinary  service
    50  in  the state shall be licensed pursuant to article 135 of the education
    51  law to practice veterinary medicine in this state.  Each  partner  of  a
    52  foreign  limited liability partnership which provides professional engi-
    53  neering, land surveying, geological services, architectural and/or land-
    54  scape architectural services in this state must be licensed pursuant  to
    55  article  145,  article  147  and/or  article 148 of the education law to
    56  practice one or more of such professions.  Each  partner  of  a  foreign

        A. 6875                            13
     1  limited  liability  partnership  which provides licensed clinical social
     2  work services in this state must be licensed pursuant to article 154  of
     3  the  education  law  to  practice  licensed clinical social work in this
     4  state.  Each  partner  of  a foreign limited liability partnership which
     5  provides creative arts therapy services in this state must  be  licensed
     6  pursuant  to  article 163 of the education law to practice creative arts
     7  therapy in this state. Each partner of a foreign limited liability part-
     8  nership which provides marriage and  family  therapy  services  in  this
     9  state  must  be licensed pursuant to article 163 of the education law to
    10  practice marriage and family therapy in this state. Each  partner  of  a
    11  foreign limited liability partnership which provides mental health coun-
    12  seling  services  in this state must be licensed pursuant to article 163
    13  of the education law to practice mental health counseling in this state.
    14  Each partner of a foreign limited liability partnership  which  provides
    15  psychoanalysis services in this state must be licensed pursuant to arti-
    16  cle  163  of the education law to practice psychoanalysis in this state.
    17  Each partner of a foreign limited liability partnership  which  provides
    18  applied  behavior  analysis  services  in this state must be licensed or
    19  certified pursuant to article 167  of  the  education  law  to  practice
    20  applied  behavior  analysis  in  this state.   Each partner of a foreign
    21  limited liability partnership which provides vision impairment  special-
    22  ist  services  in this state must be licensed pursuant to article 169 of
    23  the education law to practice as a vision impairment specialist in  this
    24  state.
    25    §  11.  a.  Nothing  in  this  act shall be construed as prohibiting a
    26  person from performing  the  duties  of  a  licensed  vision  impairment
    27  specialist, in the course of such employment, if such person is employed
    28  by  programs  licensed,  certified, operated, or funded and regulated by
    29  the office of children and family services including the commission  for
    30  the  blind  and visually impaired, the state education department or the
    31  department of health; provided, however, that  this  section  shall  not
    32  authorize the use of any title authorized pursuant to article 169 of the
    33  education law.
    34    b.  On or before September 1, 2020, each office identified in subdivi-
    35  sion a of this section that licenses, certifies, operates or  funds  and
    36  regulates  programs  that  employ  individuals  to provide services that
    37  would otherwise be restricted  to  individuals  licensed  or  authorized
    38  under article 169 of the education law, shall submit to the commissioner
    39  of education, in such form and detail as requested by such commissioner,
    40  data  in  relation  to:  the  number  of  individuals employed in exempt
    41  programs licensed, certified, operated, or funded and regulated by  each
    42  office  identified in subdivision a of this section on September 1, 2019
    43  who are providing services that would otherwise be restricted  to  those
    44  licensed  or  authorized under article 169 of the education law; and the
    45  occupational title of individuals who on July 1, 2020 are  not  licensed
    46  or  otherwise authorized under title 8 of the education law, and who are
    47  engaged in the practice of vision impairment specialist for the  purpose
    48  of  providing  vision  impairment specialist services to persons who are
    49  blind or visually impaired.
    50    c. The commissioner of education, after receipt of this  data  and  in
    51  consultation  with  the  offices  identified  in  subdivision  a of this
    52  section, in consultation  with  not-for-profit  providers,  professional
    53  associations,  consumers  and  other  key  stakeholders, shall prepare a
    54  report that recommends changes in any laws, rules or regulations  neces-
    55  sary  to ensure appropriate licensure or other authorization of individ-
    56  uals providing services that  are  within  the  restricted  practice  of

        A. 6875                            14
     1  professions  licensed  or  otherwise authorized under article 169 of the
     2  education law. Such report shall  include  an  estimate  of  the  fiscal
     3  impact  of  any such recommended changes and, to the extent practicable,
     4  how  such  recommendations will result in improved outcomes. The commis-
     5  sioner of education shall submit the report to the governor, the speaker
     6  of the assembly, the temporary president of the senate, and  the  chairs
     7  of  the  senate  and  assembly higher education committees by January 1,
     8  2021. The commissioners of the agencies identified in subdivision  a  of
     9  this  section  shall be provided an opportunity to include statements or
    10  alternative recommendations in such report.
    11    § 12. This act shall take effect eighteen months after it  shall  have
    12  become a law; provided, further, that the provisions of subdivision a of
    13  section eleven of this act shall expire July 1, 2021 when upon such date
    14  the  provisions  of  such  subdivision  shall  be deemed repealed.   The
    15  commissioner of education and the board of  regents  are  authorized  to
    16  promulgate such rules and regulations and take any other measures as may
    17  be  necessary for the timely implementation of this act on or before its
    18  effective date, including but not limited  to  the  appointment  of  the
    19  state board for vision rehabilitation services, the acceptance and proc-
    20  essing of applications for licensure, and the issuance of licenses.
feedback