Bill Text: NY A10457 | 2015-2016 | General Assembly | Introduced
Bill Title: Provides for the licensing of vision impairment specialists.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-05-27 - referred to higher education [A10457 Detail]
Download: New_York-2015-A10457-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10457 IN ASSEMBLY May 27, 2016 ___________ Introduced by M. of A. LUPARDO -- read once and referred to the Commit- tee on Higher Education AN ACT to amend the education law, the social services law, the limited liability company law and the partnership law, in relation to the licensing of vision impairment specialists; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new article 168 to 2 read as follows: 3 ARTICLE 168 4 VISION IMPAIRMENT SPECIALISTS 5 Section 8900. Introduction. 6 8901. Definitions. 7 8902. Use of titles. 8 8903. State board for vision impairment specialists. 9 8904. Requirements for a license with a specialization as an 10 orientation and mobility specialist. 11 8905. Requirements for a license with a specialization as a 12 vision rehabilitation therapist. 13 8906. Limited permits. 14 8907. Exempt persons. 15 8908. Special provisions. 16 8909. Separability. 17 § 8900. Introduction. This article applies to the profession of vision 18 impairment specialists, and provides for the licensing of orientation 19 and mobility specialists and vision rehabilitation therapists. The 20 general provisions for all professions contained in article one hundred 21 thirty of this title shall apply to this article. 22 § 8901. Definitions. For purposes of this article, the following terms 23 shall have the following meanings: 24 1. The practice of "vision impairment specialist" shall mean providing 25 assessment and evaluation of, and training for, persons who are visually 26 impaired when such assessment, evaluation and training incorporates the 27 full range of specialized skills and tasks subsumed in the specializa- 28 tions of the profession defined in this section as: (a) orientation and 29 mobility training, and (b) vision rehabilitation therapy. Such services EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14788-02-6A. 10457 2 1 shall be rendered on the prescription or referral which may be directive 2 as to treatment by a licensed physician, nurse practitioner, ophthalmol- 3 ogist or optometrist, provided however that no such treatment directive 4 and low vision examination shall be required when the person being 5 referred has been diagnosed within the previous twelve months as visual- 6 ly impaired, blind or legally blind as those terms are defined in subdi- 7 vision six of this section and such services are being rendered consist- 8 ent with that diagnosis, prescription or referral. Vision rehabilitation 9 therapists, and orientation and mobility specialists may not prescribe 10 optical low vision devices. 11 2. The practice of "vision impairment specialist" shall mean one who 12 specializes in orientation and mobility training and/or vision rehabili- 13 tation therapy. 14 3. The practice of "orientation and mobility training" shall mean: 15 (a) the assessment of individual needs of persons who are visually 16 impaired for skills training in methods of safe movement and in strate- 17 gies to gather required environmental and spatial information; (b) the 18 development of appropriate integrated service plans tailored to meet 19 such individual needs as identified in such assessment process; (c) the 20 provision of training in, and utilization of (i) equipment and adaptive 21 devices intended and designed for use by persons who are visually 22 impaired, and (ii) specialized techniques adapted for persons who are 23 visually impaired, including but not limited to orientation; sensory 24 development; systems of safe movement, including long cane techniques; 25 resource identification and, as appropriate, professional referrals; 26 and, in applied settings, reinforcing instruction for the use of optical 27 devices as prescribed by optometrists and ophthalmologists; and (d) the 28 evaluation of clients receiving such specialized training. 29 4. The practice of "vision rehabilitation therapy" shall mean: (a) the 30 assessment of individual needs of persons who are visually impaired for 31 skills training in independent living and communications; (b) the devel- 32 opment of appropriate integrated service plans tailored to meet such 33 individual needs as identified in such assessment process; (c) the 34 provision of training in, and utilization of (i) equipment and adaptive 35 devices intended and designed for use by persons who are visually 36 impaired, including, in applied settings, reinforcing instruction for 37 the use of optical devices as prescribed by optometrists or ophthalmolo- 38 gists, and (ii) specialized techniques adapted for persons who are visu- 39 ally impaired, including but not limited to Braille and other communi- 40 cation skills; adapted computer technology; personal management skills; 41 home management skills; problem solving skills; resource management and, 42 as appropriate, professional referrals; and (d) the evaluation of 43 persons receiving such specialized training. 44 5. "Applied settings" means those locations where persons who are 45 visually impaired engage in day-to-day activities utilizing the tools 46 supplied and techniques taught by the licensed practitioners defined in 47 this article. 48 6. "Visually impaired" means a person who is totally blind, legally 49 blind or partially sighted. A person who is totally blind is one who has 50 no useable vision. A person who is legally blind is one who satisfies 51 the definition set forth in subdivision b of section three of chapter 52 four hundred fifteen of the laws of nineteen hundred thirteen. A person 53 who is partially sighted is one who has functional vision impairment 54 that constitutes a significant limitation of visual capability resulting 55 from disease, trauma, or congenital condition, that cannot be fully 56 ameliorated by standard refractive correction, medication, or surgery,A. 10457 3 1 and that is manifested by one or more of the following: insufficient 2 visual resolution, inadequate field of vision or reduced peak contrast 3 sensitivity. 4 7. "Board" shall mean the state board for vision impairment special- 5 ists as provided for in section eighty-nine thousand three of this arti- 6 cle. 7 § 8902. Use of titles. Only a person licensed or otherwise authorized 8 under this article shall be authorized to practice as a vision impair- 9 ment specialist or use the title "licensed orientation and mobility 10 specialist" or "licensed vision rehabilitation therapist" in connection 11 with his or her name or with any trade name in the conduct of his or her 12 profession. 13 § 8903. State board for vision impairment specialists. A state board 14 for vision impairment specialists shall be appointed by the board of 15 regents upon the recommendation of the commissioner for the purpose of 16 assisting the board of regents and the department on matters of profes- 17 sional licensing and professional conduct in accordance with section 18 sixty-five hundred eight of this title. The board shall consist of not 19 less than nine individuals, two of whom shall be licensed orientation 20 and mobility specialists, two of whom shall be licensed vision rehabili- 21 tation therapists, one ophthalmologist, one optometrist, one public 22 representative as defined in paragraph b of subdivision one of section 23 sixty-five hundred eight of this title and two of whom shall be blind 24 representatives of the public at large whose names will be placed in 25 nomination for the board from organizations of the blind or visually 26 impaired. Members of the initial board need not be licensed or certified 27 prior to their appointment to the board, so long as they are certified 28 by a national certifying or accrediting board, acceptable to the depart- 29 ment. Of the members first appointed, two shall be appointed for a three 30 year term, three shall be appointed for a four year term, and three 31 shall be appointed for a five year term. Thereafter all members shall 32 serve for five year terms. In the event that more than eight members are 33 appointed, a majority of the additional members shall be licensed orien- 34 tation and mobility specialists and licensed vision rehabilitation ther- 35 apists. The members of the board shall select one of themselves as chair 36 to serve for a one year term. An executive secretary shall be appointed 37 by the board of regents upon the recommendation of the commissioner. 38 § 8904. Requirements for a license with a specialization as an orien- 39 tation and mobility specialist. To qualify for a license as an orien- 40 tation and mobility specialist, an applicant shall fulfill the following 41 requirements: 42 1. Application: file an application with the department; 43 2. Education: have satisfactorily completed an approved curriculum in 44 orientation and mobility services including visual disabilities, vision 45 education, vision impairment or other equivalent program in a baccalau- 46 reate or graduate level program or a foreign equivalent, satisfactory to 47 the department and in accordance with the commissioner's regulations; 48 and 49 3. Examination: pass an examination satisfactory to the department in 50 accordance with the commissioner's regulations; 51 4. Age: be at least twenty-one years of age; 52 5. Character: be of good moral character as determined by the depart- 53 ment; and 54 6. Registration: all licensed orientation and mobility specialists 55 shall register triennially with the department in accordance with the 56 commissioner's regulation.A. 10457 4 1 7. Fee: a fee of two hundred dollars for an initial license and a fee 2 of one hundred fifty dollars for each triennial registration period. 3 § 8905. Requirements for a license with a specialization as a vision 4 rehabilitation therapist. To qualify for a license as a vision rehabili- 5 tation therapist an applicant shall fulfill the following requirements: 6 1. Application: file an application with the department; 7 2. Education: have satisfactorily completed an approved curriculum in 8 vision rehabilitation therapy including visual disabilities, vision 9 education, vision impairment or other equivalent program in a baccalau- 10 reate or graduate level program, or a foreign equivalent, satisfactory 11 to the department and in accordance with the commissioner's regulations; 12 3. Examination: pass an examination satisfactory to the department in 13 accordance with the commissioner's regulations; 14 4. Age: be at least twenty-one years of age; 15 5. Character: be of good moral character as determined by the depart- 16 ment; and 17 6. Registration: all licensed vision rehabilitation therapists shall 18 register triennially with the department in accordance with the commis- 19 sioner's regulations. 20 7. Fee: a fee of two hundred dollars for an initial license and a fee 21 of one hundred fifty dollars for each triennial registration period. 22 § 8906. Limited permits. The following requirements for a limited 23 permit shall apply to all professions licensed or certified pursuant to 24 this article: 25 1. On the recommendation of the board, the department may issue a 26 limited permit to an applicant who meets the education requirements for 27 licensure, except the examination and/or experience requirements, in 28 accordance with regulations promulgated therefor. 29 2. Limited permits shall be for one year and may be renewed, at the 30 discretion of the department, for one additional year. 31 3. The fee for each limited permit and for each renewal shall be 32 seventy dollars. 33 4. A limited permit holder shall practice only under supervision as 34 determined in accordance with the commissioner's regulations. 35 § 8907. Exempt persons. This article shall not be construed to affect 36 or prevent the following, provided that no title, sign, card or device 37 shall be used in such manner as to tend to convey the impression that 38 the person rendering such service is a licensed vision impairment 39 specialist: 40 1. The practice of licensed vision impairment specialist as an inte- 41 gral part of a program of study by students enrolled in approved educa- 42 tional or training programs in (a) orientation and mobility training or 43 (b) vision rehabilitation therapy. 44 2. Nothing contained in this article shall be construed to limit the 45 scopes of practice of any other profession licensed under this title; 46 provided, however, that such practitioners may not hold themselves out 47 under the titles "licensed vision impairment specialist", and/or 48 "licensed vision impairment specialist with a specialization in orien- 49 tation and mobility", and/or "licensed vision impairment specialist with 50 a specialization in vision rehabilitation therapy". 51 3. Nothing in this article shall be construed as prohibiting a person 52 from performing the duties of a licensed vision impairment specialist, 53 in the course of such employment, if such person is employed by a feder- 54 al, state, county or municipal agency, or other political institution. 55 4. This article shall not be construed to prohibit care delivered by 56 any family member, household member or friend, or person employed prima-A. 10457 5 1 rily in a domestic capacity who does not hold himself or herself out, or 2 accept employment, as a person licensed to practice as a vision impair- 3 ment specialist under the provisions of this article; provided, however, 4 that if such person is remunerated, the person does not hold himself or 5 herself out as one who accepts employment for performing such care. 6 5. The instruction in the use of a dog guide. 7 6. Nothing in this article shall be construed as prohibiting a 8 licensed teacher of the visually impaired from performing any of the 9 duties, tasks or responsibilities within that scope of practice. 10 7. The instruction in the use of Braille. 11 § 8908. Special provisions. An individual who meets the requirements 12 for a license as a licensed vision impairment specialist with a special- 13 ization in orientation and mobility and/or vision rehabilitation, except 14 for examination, experience and education, and who is certified or 15 registered by a national certifying body having certification or regis- 16 tration standards acceptable to the commissioner, or an individual who 17 has worked as a vision impairment specialist focused on vision rehabili- 18 tation therapy and/or orientation and mobility in a workplace setting 19 which is primarily devoted to the treatment of individuals with vision 20 loss and blindness for at least three years, may be licensed, without 21 meeting additional requirements as to examination, experience and educa- 22 tion, provided that such individual submits an application to the 23 department within three years of the effective date of this section. 24 § 8909. Separability. If any section of this article, or part thereof, 25 shall be adjudged by any court of competent jurisdiction to be invalid, 26 such judgment shall not affect, impair or invalidate the remainder of 27 any other section or part thereof. 28 § 2. Subparagraph (i) of paragraph a of subdivision 1 of section 29 6503-a of the education law, as amended by chapter 554 of the laws of 30 2013, is amended to read as follows: 31 (i) services provided under article one hundred fifty-four, one 32 hundred sixty-three [or], one hundred sixty-seven or article one hundred 33 sixty-eight of this title for which licensure would be required, or 34 § 3. Paragraph a of subdivision 3 of section 6507 of the education 35 law, as amended by chapter 554 of the laws of 2013, is amended to read 36 as follows: 37 a. Establish standards for preprofessional and professional education, 38 experience and licensing examinations as required to implement the arti- 39 cle for each profession. Notwithstanding any other provision of law, the 40 commissioner shall establish standards requiring that all persons apply- 41 ing, on or after January first, nineteen hundred ninety-one, initially, 42 or for the renewal of, a license, registration or limited permit to be a 43 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 44 trist, psychiatrist, psychologist, licensed master social worker, 45 licensed clinical social worker, licensed creative arts therapist, 46 licensed marriage and family therapist, licensed mental health counse- 47 lor, licensed psychoanalyst, dental hygienist, licensed behavior 48 analyst, [or] certified behavior analyst assistant or licensed vision 49 impairment specialist shall, in addition to all the other licensure, 50 certification or permit requirements, have completed two hours of 51 coursework or training regarding the identification and reporting of 52 child abuse and maltreatment. The coursework or training shall be 53 obtained from an institution or provider which has been approved by the 54 department to provide such coursework or training. The coursework or 55 training shall include information regarding the physical and behavioral 56 indicators of child abuse and maltreatment and the statutory reportingA. 10457 6 1 requirements set out in sections four hundred thirteen through four 2 hundred twenty of the social services law, including but not limited to, 3 when and how a report must be made, what other actions the reporter is 4 mandated or authorized to take, the legal protections afforded repor- 5 ters, and the consequences for failing to report. Such coursework or 6 training may also include information regarding the physical and behav- 7 ioral indicators of the abuse of individuals with mental retardation and 8 other developmental disabilities and voluntary reporting of abused or 9 neglected adults to the office of mental retardation and developmental 10 disabilities or the local adult protective services unit. Each applicant 11 shall provide the department with documentation showing that he or she 12 has completed the required training. The department shall provide an 13 exemption from the child abuse and maltreatment training requirements to 14 any applicant who requests such an exemption and who shows, to the 15 department's satisfaction, that there would be no need because of the 16 nature of his or her practice for him or her to complete such training; 17 § 4. Paragraph (a) of subdivision 1 of section 413 of the social 18 services law, as separately amended by chapters 126 and 205 of the laws 19 of 2014, is amended to read as follows: 20 (a) The following persons and officials are required to report or 21 cause a report to be made in accordance with this title when they have 22 reasonable cause to suspect that a child coming before them in their 23 professional or official capacity is an abused or maltreated child, or 24 when they have reasonable cause to suspect that a child is an abused or 25 maltreated child where the parent, guardian, custodian or other person 26 legally responsible for such child comes before them in their profes- 27 sional or official capacity and states from personal knowledge facts, 28 conditions or circumstances which, if correct, would render the child an 29 abused or maltreated child: any physician; registered physician assist- 30 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 31 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 32 psychologist; registered nurse; social worker; emergency medical techni- 33 cian; licensed creative arts therapist; licensed marriage and family 34 therapist; licensed mental health counselor; licensed psychoanalyst; 35 licensed behavior analyst; certified behavior analyst assistant; 36 licensed vision impairment specialist; hospital personnel engaged in the 37 admission, examination, care or treatment of persons; a Christian 38 Science practitioner; school official, which includes but is not limited 39 to school teacher, school guidance counselor, school psychologist, 40 school social worker, school nurse, school administrator or other school 41 personnel required to hold a teaching or administrative license or 42 certificate; full or part-time compensated school employee required to 43 hold a temporary coaching license or professional coaching certificate; 44 social services worker; director of a children's overnight camp, summer 45 day camp or traveling summer day camp, as such camps are defined in 46 section thirteen hundred ninety-two of the public health law; day care 47 center worker; school-age child care worker; provider of family or group 48 family day care; employee or volunteer in a residential care facility 49 for children that is licensed, certified or operated by the office of 50 children and family services; or any other child care or foster care 51 worker; mental health professional; substance abuse counselor; alcohol- 52 ism counselor; all persons credentialed by the office of alcoholism and 53 substance abuse services; peace officer; police officer; district attor- 54 ney or assistant district attorney; investigator employed in the office 55 of a district attorney; or other law enforcement official.A. 10457 7 1 § 5. Section 6505-b of the education law, as amended by chapter 477 of 2 the laws of 2008, is amended to read as follows: 3 § 6505-b. Course work or training in infection control practices. 4 Every dentist, registered nurse, licensed practical nurse, vision 5 impairment specialist, podiatrist, optometrist and dental hygienist 6 practicing in the state shall, on or before July first, nineteen hundred 7 ninety-four and every four years thereafter, complete course work or 8 training appropriate to the professional's practice approved by the 9 department regarding infection control and barrier precautions, includ- 10 ing engineering and work practice controls, in accordance with regulato- 11 ry standards promulgated by the department, in consultation with the 12 department of health, which shall be consistent, as far as appropriate, 13 with such standards adopted by the department of health pursuant to 14 section two hundred thirty-nine of the public health law to prevent the 15 transmission of HIV, HBV or HCV in the course of professional practice. 16 Each such professional shall document to the department at the time of 17 registration commencing with the first registration after July first, 18 nineteen hundred ninety-four that the professional has completed course 19 work or training in accordance with this section, provided, however that 20 a professional subject to the provisions of paragraph (f) of subdivision 21 one of section twenty-eight hundred five-k of the public health law 22 shall not be required to so document. The department shall provide an 23 exemption from this requirement to anyone who requests such an exemption 24 and who (i) clearly demonstrates to the department's satisfaction that 25 there would be no need for him or her to complete such course work or 26 training because of the nature of his or her practice or (ii) that he or 27 she has completed course work or training deemed by the department to be 28 equivalent to the course work or training approved by the department 29 pursuant to this section. The department shall consult with organiza- 30 tions representative of professions, institutions and those with exper- 31 tise in infection control and HIV, HBV and HCV with respect to the regu- 32 latory standards promulgated pursuant to this section. 33 § 6. Subdivision (a) of section 1203 of the limited liability company 34 law, as amended by chapter 475 of the laws of 2014, is amended to read 35 as follows: 36 (a) Notwithstanding the education law or any other provision of law, 37 one or more professionals each of whom is authorized by law to render a 38 professional service within the state, or one or more professionals, at 39 least one of whom is authorized by law to render a professional service 40 within the state, may form, or cause to be formed, a professional 41 service limited liability company for pecuniary profit under this arti- 42 cle for the purpose of rendering the professional service or services as 43 such professionals are authorized to practice. With respect to a profes- 44 sional service limited liability company formed to provide medical 45 services as such services are defined in article 131 of the education 46 law, each member of such limited liability company must be licensed 47 pursuant to article 131 of the education law to practice medicine in 48 this state. With respect to a professional service limited liability 49 company formed to provide dental services as such services are defined 50 in article 133 of the education law, each member of such limited liabil- 51 ity company must be licensed pursuant to article 133 of the education 52 law to practice dentistry in this state. With respect to a professional 53 service limited liability company formed to provide veterinary services 54 as such services are defined in article 135 of the education law, each 55 member of such limited liability company must be licensed pursuant to 56 article 135 of the education law to practice veterinary medicine in thisA. 10457 8 1 state. With respect to a professional service limited liability company 2 formed to provide professional engineering, land surveying, architec- 3 tural, landscape architectural and/or geological services as such 4 services are defined in article 145, article 147 and article 148 of the 5 education law, each member of such limited liability company must be 6 licensed pursuant to article 145, article 147 and/or article 148 of the 7 education law to practice one or more of such professions in this state. 8 With respect to a professional service limited liability company formed 9 to provide licensed clinical social work services as such services are 10 defined in article 154 of the education law, each member of such limited 11 liability company shall be licensed pursuant to article 154 of the 12 education law to practice licensed clinical social work in this state. 13 With respect to a professional service limited liability company formed 14 to provide creative arts therapy services as such services are defined 15 in article 163 of the education law, each member of such limited liabil- 16 ity company must be licensed pursuant to article 163 of the education 17 law to practice creative arts therapy in this state. With respect to a 18 professional service limited liability company formed to provide 19 marriage and family therapy services as such services are defined in 20 article 163 of the education law, each member of such limited liability 21 company must be licensed pursuant to article 163 of the education law to 22 practice marriage and family therapy in this state. With respect to a 23 professional service limited liability company formed to provide mental 24 health counseling services as such services are defined in article 163 25 of the education law, each member of such limited liability company must 26 be licensed pursuant to article 163 of the education law to practice 27 mental health counseling in this state. With respect to a professional 28 service limited liability company formed to provide psychoanalysis 29 services as such services are defined in article 163 of the education 30 law, each member of such limited liability company must be licensed 31 pursuant to article 163 of the education law to practice psychoanalysis 32 in this state. With respect to a professional service limited liability 33 company formed to provide applied behavior analysis services as such 34 services are defined in article 167 of the education law, each member of 35 such limited liability company must be licensed or certified pursuant to 36 article 167 of the education law to practice applied behavior analysis 37 in this state. With respect to a professional service limited liability 38 company formed to provide vision impairment specialist services as such 39 services are defined in article 168 of the education law, each member of 40 such limited liability company must be licensed pursuant to article 168 41 of the education law to practice as a vision impairment specialist in 42 this state. In addition to engaging in such profession or professions, a 43 professional service limited liability company may engage in any other 44 business or activities as to which a limited liability company may be 45 formed under section two hundred one of this chapter. Notwithstanding 46 any other provision of this section, a professional service limited 47 liability company (i) authorized to practice law may only engage in 48 another profession or business or activities or (ii) which is engaged in 49 a profession or other business or activities other than law may only 50 engage in the practice of law, to the extent not prohibited by any other 51 law of this state or any rule adopted by the appropriate appellate divi- 52 sion of the supreme court or the court of appeals. 53 § 7. Subdivision (b) of section 1207 of the limited liability company 54 law, as amended by chapter 475 of the laws of 2014, is amended to read 55 as follows:A. 10457 9 1 (b) With respect to a professional service limited liability company 2 formed to provide medical services as such services are defined in arti- 3 cle 131 of the education law, each member of such limited liability 4 company must be licensed pursuant to article 131 of the education law to 5 practice medicine in this state. With respect to a professional service 6 limited liability company formed to provide dental services as such 7 services are defined in article 133 of the education law, each member of 8 such limited liability company must be licensed pursuant to article 133 9 of the education law to practice dentistry in this state. With respect 10 to a professional service limited liability company formed to provide 11 veterinary services as such services are defined in article 135 of the 12 education law, each member of such limited liability company must be 13 licensed pursuant to article 135 of the education law to practice veter- 14 inary medicine in this state. With respect to a professional service 15 limited liability company formed to provide professional engineering, 16 land surveying, architectural, landscape architectural and/or geological 17 services as such services are defined in article 145, article 147 and 18 article 148 of the education law, each member of such limited liability 19 company must be licensed pursuant to article 145, article 147 and/or 20 article 148 of the education law to practice one or more of such 21 professions in this state. With respect to a professional service limit- 22 ed liability company formed to provide licensed clinical social work 23 services as such services are defined in article 154 of the education 24 law, each member of such limited liability company shall be licensed 25 pursuant to article 154 of the education law to practice licensed clin- 26 ical social work in this state. With respect to a professional service 27 limited liability company formed to provide creative arts therapy 28 services as such services are defined in article 163 of the education 29 law, each member of such limited liability company must be licensed 30 pursuant to article 163 of the education law to practice creative arts 31 therapy in this state. With respect to a professional service limited 32 liability company formed to provide marriage and family therapy services 33 as such services are defined in article 163 of the education law, each 34 member of such limited liability company must be licensed pursuant to 35 article 163 of the education law to practice marriage and family therapy 36 in this state. With respect to a professional service limited liability 37 company formed to provide mental health counseling services as such 38 services are defined in article 163 of the education law, each member of 39 such limited liability company must be licensed pursuant to article 163 40 of the education law to practice mental health counseling in this state. 41 With respect to a professional service limited liability company formed 42 to provide psychoanalysis services as such services are defined in arti- 43 cle 163 of the education law, each member of such limited liability 44 company must be licensed pursuant to article 163 of the education law to 45 practice psychoanalysis in this state. With respect to a professional 46 service limited liability company formed to provide applied behavior 47 analysis services as such services are defined in article 167 of the 48 education law, each member of such limited liability company must be 49 licensed or certified pursuant to article 167 of the education law to 50 practice applied behavior analysis in this state. With respect to a 51 professional service limited liability company formed to provide vision 52 impairment specialist services as such services are defined in article 53 168 of the education law, each member of such limited liability company 54 must be licensed pursuant to article 168 of the education law to prac- 55 tice as a vision impairment specialist in this state.A. 10457 10 1 § 8. Subdivision (a) of section 1301 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) "Foreign professional service limited liability company" means a 5 professional service limited liability company, whether or not denomi- 6 nated as such, organized under the laws of a jurisdiction other than 7 this state, (i) each of whose members and managers, if any, is a profes- 8 sional authorized by law to render a professional service within this 9 state and who is or has been engaged in the practice of such profession 10 in such professional service limited liability company or a predecessor 11 entity, or will engage in the practice of such profession in the profes- 12 sional service limited liability company within thirty days of the date 13 such professional becomes a member, or each of whose members and manag- 14 ers, if any, is a professional at least one of such members is author- 15 ized by law to render a professional service within this state and who 16 is or has been engaged in the practice of such profession in such 17 professional service limited liability company or a predecessor entity, 18 or will engage in the practice of such profession in the professional 19 service limited liability company within thirty days of the date such 20 professional becomes a member, or (ii) authorized by, or holding a 21 license, certificate, registration or permit issued by the licensing 22 authority pursuant to, the education law to render a professional 23 service within this state; except that all members and managers, if any, 24 of a foreign professional service limited liability company that 25 provides health services in this state shall be licensed in this state. 26 With respect to a foreign professional service limited liability company 27 which provides veterinary services as such services are defined in arti- 28 cle 135 of the education law, each member of such foreign professional 29 service limited liability company shall be licensed pursuant to article 30 135 of the education law to practice veterinary medicine. With respect 31 to a foreign professional service limited liability company which 32 provides medical services as such services are defined in article 131 of 33 the education law, each member of such foreign professional service 34 limited liability company must be licensed pursuant to article 131 of 35 the education law to practice medicine in this state. With respect to a 36 foreign professional service limited liability company which provides 37 dental services as such services are defined in article 133 of the 38 education law, each member of such foreign professional service limited 39 liability company must be licensed pursuant to article 133 of the educa- 40 tion law to practice dentistry in this state. With respect to a foreign 41 professional service limited liability company which provides profes- 42 sional engineering, land surveying, geologic, architectural and/or land- 43 scape architectural services as such services are defined in article 44 145, article 147 and article 148 of the education law, each member of 45 such foreign professional service limited liability company must be 46 licensed pursuant to article 145, article 147 and/or article 148 of the 47 education law to practice one or more of such professions in this state. 48 With respect to a foreign professional service limited liability company 49 which provides licensed clinical social work services as such services 50 are defined in article 154 of the education law, each member of such 51 foreign professional service limited liability company shall be licensed 52 pursuant to article 154 of the education law to practice clinical social 53 work in this state. With respect to a foreign professional service 54 limited liability company which provides creative arts therapy services 55 as such services are defined in article 163 of the education law, each 56 member of such foreign professional service limited liability companyA. 10457 11 1 must be licensed pursuant to article 163 of the education law to prac- 2 tice creative arts therapy in this state. With respect to a foreign 3 professional service limited liability company which provides marriage 4 and family therapy services as such services are defined in article 163 5 of the education law, each member of such foreign professional service 6 limited liability company must be licensed pursuant to article 163 of 7 the education law to practice marriage and family therapy in this state. 8 With respect to a foreign professional service limited liability company 9 which provides mental health counseling services as such services are 10 defined in article 163 of the education law, each member of such foreign 11 professional service limited liability company must be licensed pursuant 12 to article 163 of the education law to practice mental health counseling 13 in this state. With respect to a foreign professional service limited 14 liability company which provides psychoanalysis services as such 15 services are defined in article 163 of the education law, each member of 16 such foreign professional service limited liability company must be 17 licensed pursuant to article 163 of the education law to practice 18 psychoanalysis in this state. With respect to a foreign professional 19 service limited liability company which provides applied behavior analy- 20 sis services as such services are defined in article 167 of the educa- 21 tion law, each member of such foreign professional service limited 22 liability company must be licensed or certified pursuant to article 167 23 of the education law to practice applied behavior analysis in this 24 state. With respect to a foreign professional service limited liability 25 company which provides vision impairment specialist services as such 26 services are defined in article 168 of the education law, each member of 27 such foreign professional service limited liability company must be 28 licensed pursuant to article 168 of the education law to practice as a 29 vision impairment specialist in this state. 30 § 9. Subdivision (q) of section 121-1500 of the partnership law, as 31 amended by chapter 475 of the laws of 2014, is amended to read as 32 follows: 33 (q) Each partner of a registered limited liability partnership formed 34 to provide medical services in this state must be licensed pursuant to 35 article 131 of the education law to practice medicine in this state and 36 each partner of a registered limited liability partnership formed to 37 provide dental services in this state must be licensed pursuant to arti- 38 cle 133 of the education law to practice dentistry in this state. Each 39 partner of a registered limited liability partnership formed to provide 40 veterinary services in this state must be licensed pursuant to article 41 135 of the education law to practice veterinary medicine in this state. 42 Each partner of a registered limited liability partnership formed to 43 provide professional engineering, land surveying, geological services, 44 architectural and/or landscape architectural services in this state must 45 be licensed pursuant to article 145, article 147 and/or article 148 of 46 the education law to practice one or more of such professions in this 47 state. Each partner of a registered limited liability partnership formed 48 to provide licensed clinical social work services in this state must be 49 licensed pursuant to article 154 of the education law to practice clin- 50 ical social work in this state. Each partner of a registered limited 51 liability partnership formed to provide creative arts therapy services 52 in this state must be licensed pursuant to article 163 of the education 53 law to practice creative arts therapy in this state. Each partner of a 54 registered limited liability partnership formed to provide marriage and 55 family therapy services in this state must be licensed pursuant to arti- 56 cle 163 of the education law to practice marriage and family therapy inA. 10457 12 1 this state. Each partner of a registered limited liability partnership 2 formed to provide mental health counseling services in this state must 3 be licensed pursuant to article 163 of the education law to practice 4 mental health counseling in this state. Each partner of a registered 5 limited liability partnership formed to provide psychoanalysis services 6 in this state must be licensed pursuant to article 163 of the education 7 law to practice psychoanalysis in this state. Each partner of a regis- 8 tered limited liability partnership formed to provide applied behavior 9 analysis service in this state must be licensed or certified pursuant to 10 article 167 of the education law to practice applied behavior analysis 11 in this state. Each partner of a registered limited liability partner- 12 ship formed to provide vision impairment specialist services in this 13 state must be licensed or certified pursuant to article 167 of the 14 education law to practice as a vision impairment specialist in this 15 state. 16 § 10. Subdivision (q) of section 121-1502 of the partnership law, as 17 amended by chapter 475 of the laws of 2014, is amended to read as 18 follows: 19 (q) Each partner of a foreign limited liability partnership which 20 provides medical services in this state must be licensed pursuant to 21 article 131 of the education law to practice medicine in the state and 22 each partner of a foreign limited liability partnership which provides 23 dental services in the state must be licensed pursuant to article 133 of 24 the education law to practice dentistry in this state. Each partner of a 25 foreign limited liability partnership which provides veterinary service 26 in the state shall be licensed pursuant to article 135 of the education 27 law to practice veterinary medicine in this state. Each partner of a 28 foreign limited liability partnership which provides professional engi- 29 neering, land surveying, geological services, architectural and/or land- 30 scape architectural services in this state must be licensed pursuant to 31 article 145, article 147 and/or article 148 of the education law to 32 practice one or more of such professions. Each partner of a foreign 33 limited liability partnership which provides licensed clinical social 34 work services in this state must be licensed pursuant to article 154 of 35 the education law to practice licensed clinical social work in this 36 state. Each partner of a foreign limited liability partnership which 37 provides creative arts therapy services in this state must be licensed 38 pursuant to article 163 of the education law to practice creative arts 39 therapy in this state. Each partner of a foreign limited liability part- 40 nership which provides marriage and family therapy services in this 41 state must be licensed pursuant to article 163 of the education law to 42 practice marriage and family therapy in this state. Each partner of a 43 foreign limited liability partnership which provides mental health coun- 44 seling services in this state must be licensed pursuant to article 163 45 of the education law to practice mental health counseling in this state. 46 Each partner of a foreign limited liability partnership which provides 47 psychoanalysis services in this state must be licensed pursuant to arti- 48 cle 163 of the education law to practice psychoanalysis in this state. 49 Each partner of a foreign limited liability partnership which provides 50 applied behavior analysis services in this state must be licensed or 51 certified pursuant to article 167 of the education law to practice 52 applied behavior analysis in this state. Each partner of a foreign 53 limited liability partnership which provides vision impairment special- 54 ist services in this state must be licensed pursuant to article 168 of 55 the education law to practice as a vision impairment specialist in this 56 state.A. 10457 13 1 § 11. a. Nothing in this act shall be construed as prohibiting a 2 person from performing the duties of a licensed vision impairment 3 specialist, in the course of such employment, if such person is employed 4 by programs licensed, certified, operated, or funded and regulated by 5 the office of children and family services including the commission for 6 the blind and visually impaired, the state education department or the 7 department of health; provided, however, that this section shall not 8 authorize the use of any title authorized pursuant to article 168 of the 9 education law. 10 b. On or before September 1, 2017, each office identified in subdivi- 11 sion a of this section that licenses, certifies, operates or funds and 12 regulates programs that employ individuals to provide services that 13 would otherwise be restricted to individuals licensed or authorized 14 under article 168 of the education law, shall submit to the commissioner 15 of education, in such form and detail as requested by such commissioner, 16 data in relation to: the number of individuals employed in exempt 17 programs licensed, certified, operated, or funded and regulated by each 18 office identified in subdivision a of this section on September 1, 2016 19 who are providing services that would otherwise be restricted to those 20 licensed or authorized under article 168 of the education law; and the 21 occupational title of individuals who on July 1, 2017 are not licensed 22 or otherwise authorized under title 8 of the education law, and who are 23 engaged in the practice of vision impairment specialist for the purpose 24 of providing vision impairment specialist services to persons who are 25 blind or visually impaired. 26 c. The commissioner of education, after receipt of this data and in 27 consultation with the offices identified in subdivision a of this 28 section, in consultation with not-for-profit providers, professional 29 associations, consumers and other key stakeholders, shall prepare a 30 report that recommends changes in any laws, rules or regulations neces- 31 sary to ensure appropriate licensure or other authorization of individ- 32 uals providing services that are within the restricted practice of 33 professions licensed or otherwise authorized under article 168 of the 34 education law. Such report shall include an estimate of the fiscal 35 impact of any such recommended changes and, to the extent practicable, 36 how such recommendations will result in improved outcomes. The commis- 37 sioner of education shall submit the report to the governor, the speaker 38 of the assembly, the temporary president of the senate, and the chairs 39 of the senate and assembly higher education committees by January 1, 40 2018. The commissioners of the agencies identified in subdivision a of 41 this section shall be provided an opportunity to include statements or 42 alternative recommendations in such report. 43 § 12. This act shall take effect eighteen months after it shall have 44 become a law; provided, however, that if chapter 475 of the laws of 2014 45 shall not have taken effect on or before such date than sections six, 46 seven, eight, nine and ten of this act shall take effect on the same 47 date and in the same manner as such chapter of the laws of 2014 takes 48 effect; provided, further that the provisions of subdivision a of 49 section eleven of this act shall expire July 1, 2018 when upon such date 50 the provisions of such subdivision shall be deemed repealed. The 51 commissioner of education and the board of regents are authorized to 52 promulgate such rules and regulations and take any other measures as may 53 be necessary for the timely implementation of this act on or before its 54 effective date, including but not limited to the appointment of the 55 state board for vision rehabilitation services, the acceptance and proc- 56 essing of applications for licensure, and the issuance of licenses.
