Bill Text: NY S02907 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for the licensing of vision impairment specialists.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-05-22 - referred to higher education [S02907 Detail]
Download: New_York-2023-S02907-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2907 2023-2024 Regular Sessions IN SENATE January 25, 2023 ___________ Introduced by Sens. PERSAUD, GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law, the social services law, the limited liability company law and the partnership law, in relation to the licensing of vision impairment specialists; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new article 169 to 2 read as follows: 3 ARTICLE 169 4 VISION IMPAIRMENT SPECIALISTS 5 Section 8900. Introduction. 6 8901. Definitions. 7 8902. Use of titles. 8 8903. State board for vision impairment specialists. 9 8904. Requirements for a license with a specialization as an 10 orientation and mobility specialist. 11 8905. Requirements for a license with a specialization as a 12 vision rehabilitation therapist. 13 8906. Limited permits. 14 8907. Exempt persons. 15 8908. Special provisions. 16 8909. Separability. 17 § 8900. Introduction. This article applies to the profession of vision 18 impairment specialists, and provides for the licensing of orientation 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: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05271-01-3S. 2907 2 1 1. The practice of "vision impairment specialist" shall mean providing 2 assessment and evaluation of, and training for, persons who are visually 3 impaired when such assessment, evaluation and training incorporates the 4 full range of specialized skills and tasks subsumed in the specializa- 5 tions of the profession defined in this section as: (a) orientation and 6 mobility training, and (b) vision rehabilitation therapy. Such services 7 shall be rendered on the prescription or referral which may be directive 8 as to treatment by a licensed physician, nurse practitioner, ophthalmol- 9 ogist or optometrist, provided however that no such treatment directive 10 and low vision examination shall be required when the person being 11 referred has been diagnosed within the previous twelve months as visual- 12 ly impaired, blind or legally blind as those terms are defined in subdi- 13 vision six of this section and such services are being rendered consist- 14 ent with that diagnosis, prescription or referral. Vision rehabilitation 15 therapists, and orientation and mobility specialists may not prescribe 16 optical low vision devices. 17 2. The practice of "vision impairment specialist" shall mean one who 18 specializes in orientation and mobility training and/or vision rehabili- 19 tation therapy. 20 3. The practice of "orientation and mobility training" shall mean: 21 (a) the assessment of individual needs of persons who are visually 22 impaired for skills training in methods of safe movement and in strate- 23 gies to gather required environmental and spatial information; (b) the 24 development of appropriate integrated service plans tailored to meet 25 such individual needs as identified in such assessment process; (c) the 26 provision of training in, and utilization of (i) equipment and adaptive 27 devices intended and designed for use by persons who are visually 28 impaired, and (ii) specialized techniques adapted for persons who are 29 visually impaired, including but not limited to orientation; sensory 30 development; systems of safe movement, including long cane techniques; 31 resource identification and, as appropriate, professional referrals; 32 and, in applied settings, reinforcing instruction for the use of optical 33 devices as prescribed by optometrists and ophthalmologists; and (d) the 34 evaluation of clients receiving such specialized training. 35 4. The practice of "vision rehabilitation therapy" shall mean: (a) the 36 assessment of individual needs of persons who are visually impaired for 37 skills training in independent living and communications; (b) the devel- 38 opment of appropriate integrated service plans tailored to meet such 39 individual needs as identified in such assessment process; (c) the 40 provision of training in, and utilization of (i) equipment and adaptive 41 devices intended and designed for use by persons who are visually 42 impaired, including, in applied settings, reinforcing instruction for 43 the use of optical devices as prescribed by optometrists or ophthalmolo- 44 gists, and (ii) specialized techniques adapted for persons who are visu- 45 ally impaired, including but not limited to Braille and other communi- 46 cation skills; adapted computer technology; personal management skills; 47 home management skills; problem solving skills; resource management and, 48 as appropriate, professional referrals; and (d) the evaluation of 49 persons receiving such specialized training. 50 5. "Applied settings" means those locations where persons who are 51 visually impaired engage in day-to-day activities utilizing the tools 52 supplied and techniques taught by the licensed practitioners defined in 53 this article. 54 6. "Visually impaired" means a person who is totally blind, legally 55 blind or partially sighted. A person who is totally blind is one who has 56 no useable vision. A person who is legally blind is one who satisfiesS. 2907 3 1 the definition set forth in subdivision b of section three of chapter 2 four hundred fifteen of the laws of nineteen hundred thirteen. A person 3 who is partially sighted is one who has functional vision impairment 4 that constitutes a significant limitation of visual capability resulting 5 from disease, trauma, or congenital condition, that cannot be fully 6 ameliorated by standard refractive correction, medication, or surgery, 7 and that is manifested by one or more of the following: insufficient 8 visual resolution, inadequate field of vision or reduced peak contrast 9 sensitivity. 10 7. "Board" shall mean the state board for vision impairment special- 11 ists as provided for in section eighty-nine hundred three of this arti- 12 cle. 13 § 8902. Use of titles. Only a person licensed or otherwise authorized 14 under this article shall be authorized to practice as a vision impair- 15 ment specialist or use the title "licensed orientation and mobility 16 specialist" or "licensed vision rehabilitation therapist" in connection 17 with his or her name or with any trade name in the conduct of his or her 18 profession. 19 § 8903. State board for vision impairment specialists. A state board 20 for vision impairment specialists shall be appointed by the board of 21 regents upon the recommendation of the commissioner for the purpose of 22 assisting the board of regents and the department on matters of profes- 23 sional licensing and professional conduct in accordance with section 24 sixty-five hundred eight of this title. The board shall consist of not 25 less than nine individuals, two of whom shall be licensed orientation 26 and mobility specialists, two of whom shall be licensed vision rehabili- 27 tation therapists, one ophthalmologist, one optometrist, one public 28 representative as defined in paragraph b of subdivision one of section 29 sixty-five hundred eight of this title and two of whom shall be blind 30 representatives of the public at large whose names will be placed in 31 nomination for the board from organizations of the blind or visually 32 impaired. Members of the initial board need not be licensed or certified 33 prior to their appointment to the board, so long as they are certified 34 by a national certifying or accrediting board, acceptable to the depart- 35 ment. Of the members first appointed, two shall be appointed for a 36 three-year term, three shall be appointed for a four-year term, and 37 three shall be appointed for a five-year term. Thereafter all members 38 shall serve for five-year terms. In the event that more than eight 39 members are appointed, a majority of the additional members shall be 40 licensed orientation and mobility specialists and licensed vision reha- 41 bilitation therapists. The members of the board shall select one of 42 themselves as chair to serve for a one-year term. An executive secretary 43 shall be appointed by the board of regents upon the recommendation of 44 the commissioner. 45 § 8904. Requirements for a license with a specialization as an orien- 46 tation and mobility specialist. To qualify for a license as an orien- 47 tation and mobility specialist, an applicant shall fulfill the following 48 requirements: 49 1. Application: file an application with the department; 50 2. Education: have satisfactorily completed an approved curriculum in 51 orientation and mobility services including visual disabilities, vision 52 education, vision impairment or other equivalent program in a baccalau- 53 reate or graduate level program or a foreign equivalent, satisfactory to 54 the department and in accordance with the commissioner's regulations; 55 3. Examination: pass an examination satisfactory to the department in 56 accordance with the commissioner's regulations;S. 2907 4 1 4. Age: be at least twenty-one years of age; 2 5. Character: be of good moral character as determined by the depart- 3 ment; and 4 6. Registration: all licensed orientation and mobility specialists 5 shall register triennially with the department in accordance with the 6 commissioner's regulation. 7 7. Fee: a fee of two hundred dollars for an initial license and a fee 8 of one hundred fifty dollars for each triennial registration period. 9 § 8905. Requirements for a license with a specialization as a vision 10 rehabilitation therapist. To qualify for a license as a vision rehabili- 11 tation therapist an applicant shall fulfill the following requirements: 12 1. Application: file an application with the department; 13 2. Education: have satisfactorily completed an approved curriculum in 14 vision rehabilitation therapy including visual disabilities, vision 15 education, vision impairment or other equivalent program in a baccalau- 16 reate or graduate level program, or a foreign equivalent, satisfactory 17 to the department and in accordance with the commissioner's regulations; 18 3. Examination: pass an examination satisfactory to the department in 19 accordance with the commissioner's regulations; 20 4. Age: be at least twenty-one years of age; 21 5. Character: be of good moral character as determined by the depart- 22 ment; and 23 6. Registration: all licensed vision rehabilitation therapists shall 24 register triennially with the department in accordance with the commis- 25 sioner's regulations. 26 7. Fee: a fee of two hundred dollars for an initial license and a fee 27 of one hundred fifty dollars for each triennial registration period. 28 § 8906. Limited permits. The following requirements for a limited 29 permit shall apply to all professions licensed or certified pursuant to 30 this article: 31 1. On the recommendation of the board, the department may issue a 32 limited permit to an applicant who meets the education requirements for 33 licensure, except the examination and/or experience requirements, in 34 accordance with regulations promulgated therefor. 35 2. Limited permits shall be for one year and may be renewed, at the 36 discretion of the department, for one additional year. 37 3. The fee for each limited permit and for each renewal shall be 38 seventy dollars. 39 4. A limited permit holder shall practice only under supervision as 40 determined in accordance with the commissioner's regulations. 41 § 8907. Exempt persons. This article shall not be construed to affect 42 or prevent the following, provided that no title, sign, card or device 43 shall be used in such manner as to tend to convey the impression that 44 the person rendering such service is a licensed vision impairment 45 specialist: 46 1. The practice of licensed vision impairment specialist as an inte- 47 gral part of a program of study by students enrolled in approved educa- 48 tional or training programs in (a) orientation and mobility training or 49 (b) vision rehabilitation therapy. 50 2. Nothing contained in this article shall be construed to limit the 51 scopes of practice of any other profession licensed under this title; 52 provided, however, that such practitioners may not hold themselves out 53 under the titles "licensed vision impairment specialist", and/or 54 "licensed vision impairment specialist with a specialization in orien- 55 tation and mobility", and/or "licensed vision impairment specialist with 56 a specialization in vision rehabilitation therapy".S. 2907 5 1 3. Nothing in this article shall be construed as prohibiting a person 2 from performing the duties of a licensed vision impairment specialist, 3 in the course of such employment, if such person is employed by a feder- 4 al, state, county, town, city or village agency or other political 5 subdivision except that this exception from licensure shall not apply to 6 persons employed by institutions regulated primarily by the education 7 department. 8 4. This article shall not be construed to prohibit care delivered by 9 any family member, household member or friend, or person employed prima- 10 rily in a domestic capacity who does not hold himself or herself out, or 11 accept employment, as a person licensed to practice as a vision impair- 12 ment specialist under the provisions of this article; provided, however, 13 that if such person is remunerated, the person does not hold himself or 14 herself out as one who accepts employment for performing such care. 15 5. The instruction in the use of a dog guide. 16 6. Nothing in this article shall be construed as prohibiting a 17 licensed teacher of the visually impaired from performing any of the 18 duties, tasks or responsibilities within that scope of practice. 19 7. The instruction in the use of Braille. 20 § 8908. Special provisions. An individual who meets the requirements 21 for a license as a licensed vision impairment specialist with a special- 22 ization in orientation and mobility and/or vision rehabilitation, except 23 for examination, experience and education, and who is certified or 24 registered by a national certifying body having certification or regis- 25 tration standards acceptable to the commissioner, or an individual who 26 has worked as a vision impairment specialist focused on vision rehabili- 27 tation therapy and/or orientation and mobility in a workplace setting 28 which is primarily devoted to the treatment of individuals with vision 29 loss and blindness for at least three years, may be licensed, without 30 meeting additional requirements as to examination, experience and educa- 31 tion, provided that such individual submits an application to the 32 department within three years of the effective date of this section. 33 § 8909. Separability. If any section of this article, or part thereof, 34 shall be adjudged by any court of competent jurisdiction to be invalid, 35 such judgment shall not affect, impair or invalidate the remainder of 36 any other section or part thereof. 37 § 2. Subparagraph (i) of paragraph a of subdivision 1 of section 38 6503-a of the education law, as amended by chapter 554 of the laws of 39 2013, is amended to read as follows: 40 (i) services provided under article one hundred fifty-four, one 41 hundred sixty-three [or], one hundred sixty-seven or article one hundred 42 sixty-nine of this title for which licensure would be required, or 43 § 3. Paragraph a of subdivision 3 of section 6507 of the education 44 law, as amended by chapter 479 of the laws of 2022, is amended to read 45 as follows: 46 a. Establish standards for preprofessional and professional education, 47 experience and licensing examinations as required to implement the arti- 48 cle for each profession. Notwithstanding any other provision of law, the 49 commissioner shall establish standards requiring that all persons apply- 50 ing, on or after January first, nineteen hundred ninety-one, initially, 51 or for the renewal of, a license, registration or limited permit to be a 52 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 53 trist, psychiatrist, psychologist, licensed master social worker, 54 licensed clinical social worker, licensed creative arts therapist, 55 licensed marriage and family therapist, licensed mental health counse- 56 lor, licensed psychoanalyst, dental hygienist, licensed behaviorS. 2907 6 1 analyst, [or] certified behavior analyst assistant, or licensed vision 2 impairment specialist shall, in addition to all the other licensure, 3 certification or permit requirements, have completed two hours of 4 coursework or training regarding the identification and reporting of 5 child abuse and maltreatment. The coursework or training shall be 6 obtained from an institution or provider which has been approved by the 7 department to provide such coursework or training. The coursework or 8 training shall include information regarding the physical and behavioral 9 indicators of child abuse and maltreatment and the statutory reporting 10 requirements set out in sections four hundred thirteen through four 11 hundred twenty of the social services law, including but not limited to, 12 when and how a report must be made, what other actions the reporter is 13 mandated or authorized to take, the legal protections afforded repor- 14 ters, and the consequences for failing to report. Such coursework or 15 training may also include information regarding the physical and behav- 16 ioral indicators of the abuse of individuals with developmental disabil- 17 ities and voluntary reporting of abused or neglected adults to the 18 office for people with developmental disabilities or the local adult 19 protective services unit. Each applicant shall provide the department 20 with documentation showing that he or she has completed the required 21 training. The department shall provide an exemption from the child abuse 22 and maltreatment training requirements to any applicant who requests 23 such an exemption and who shows, to the department's satisfaction, that 24 there would be no need because of the nature of his or her practice for 25 him or her to complete such training; 26 § 4. Paragraph (a) of subdivision 1 of section 413 of the social 27 services law, as amended by section 7 of part C of chapter 57 of the 28 laws of 2018, is amended to read as follows: 29 (a) The following persons and officials are required to report or 30 cause a report to be made in accordance with this title when they have 31 reasonable cause to suspect that a child coming before them in their 32 professional or official capacity is an abused or maltreated child, or 33 when they have reasonable cause to suspect that a child is an abused or 34 maltreated child where the parent, guardian, custodian or other person 35 legally responsible for such child comes before them in their profes- 36 sional or official capacity and states from personal knowledge facts, 37 conditions or circumstances which, if correct, would render the child an 38 abused or maltreated child: any physician; registered physician assist- 39 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 40 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 41 psychologist; registered nurse; social worker; emergency medical techni- 42 cian; licensed creative arts therapist; licensed marriage and family 43 therapist; licensed mental health counselor; licensed psychoanalyst; 44 licensed behavior analyst; certified behavior analyst assistant; 45 licensed vision impairment specialist; hospital personnel engaged in the 46 admission, examination, care or treatment of persons; a Christian 47 Science practitioner; school official, which includes but is not limited 48 to school teacher, school guidance counselor, school psychologist, 49 school social worker, school nurse, school administrator or other school 50 personnel required to hold a teaching or administrative license or 51 certificate; full or part-time compensated school employee required to 52 hold a temporary coaching license or professional coaching certificate; 53 social services worker; employee of a publicly-funded emergency shelter 54 for families with children; director of a children's overnight camp, 55 summer day camp or traveling summer day camp, as such camps are defined 56 in section thirteen hundred ninety-two of the public health law; dayS. 2907 7 1 care center worker; school-age child care worker; provider of family or 2 group family day care; employee or volunteer in a residential care 3 facility for children that is licensed, certified or operated by the 4 office of children and family services; or any other child care or 5 foster care worker; mental health professional; substance abuse counse- 6 lor; alcoholism counselor; all persons credentialed by the office of 7 alcoholism and substance abuse services; employees, who are expected to 8 have regular and substantial contact with children, of a health home or 9 health home care management agency contracting with a health home as 10 designated by the department of health and authorized under section 11 three hundred sixty-five-l of this chapter or such employees who provide 12 home and community based services under a demonstration program pursuant 13 to section eleven hundred fifteen of the federal social security act who 14 are expected to have regular and substantial contact with children; 15 peace officer; police officer; district attorney or assistant district 16 attorney; investigator employed in the office of a district attorney; or 17 other law enforcement official. 18 § 5. Section 6505-b of the education law, as amended by chapter 10 of 19 the laws of 2018, is amended to read as follows: 20 § 6505-b. Course work or training in infection control practices. 21 Every dentist, registered nurse, licensed practical nurse, vision 22 impairment specialist, podiatrist, optometrist and dental hygienist 23 practicing in the state shall, on or before July first, nineteen hundred 24 ninety-four and every four years thereafter, complete course work or 25 training appropriate to the professional's practice approved by the 26 department regarding infection control, which shall include sepsis, and 27 barrier precautions, including engineering and work practice controls, 28 in accordance with regulatory standards promulgated by the department, 29 in consultation with the department of health, which shall be consist- 30 ent, as far as appropriate, with such standards adopted by the depart- 31 ment of health pursuant to section two hundred thirty-nine of the public 32 health law to prevent the transmission of HIV, HBV, HCV and infections 33 that could lead to sepsis in the course of professional practice. Each 34 such professional shall document to the department at the time of regis- 35 tration commencing with the first registration after July first, nine- 36 teen hundred ninety-four that the professional has completed course work 37 or training in accordance with this section, provided, however that a 38 professional subject to the provisions of paragraph (f) of subdivision 39 one of section twenty-eight hundred five-k of the public health law 40 shall not be required to so document. The department shall provide an 41 exemption from this requirement to anyone who requests such an exemption 42 and who (i) clearly demonstrates to the department's satisfaction that 43 there would be no need for him or her to complete such course work or 44 training because of the nature of his or her practice or (ii) that he or 45 she has completed course work or training deemed by the department to be 46 equivalent to the course work or training approved by the department 47 pursuant to this section. The department shall consult with organiza- 48 tions representative of professions, institutions and those with exper- 49 tise in infection control and HIV, HBV, HCV and infections that could 50 lead to sepsis with respect to the regulatory standards promulgated 51 pursuant to this section. 52 § 6. Subdivision (a) of section 1203 of the limited liability company 53 law, as amended by chapter 475 of the laws of 2014, is amended to read 54 as follows: 55 (a) Notwithstanding the education law or any other provision of law, 56 one or more professionals each of whom is authorized by law to render aS. 2907 8 1 professional service within the state, or one or more professionals, at 2 least one of whom is authorized by law to render a professional service 3 within the state, may form, or cause to be formed, a professional 4 service limited liability company for pecuniary profit under this arti- 5 cle for the purpose of rendering the professional service or services as 6 such professionals are authorized to practice. With respect to a profes- 7 sional service limited liability company formed to provide medical 8 services as such services are defined in article 131 of the education 9 law, each member of such limited liability company must be licensed 10 pursuant to article 131 of the education law to practice medicine in 11 this state. With respect to a professional service limited liability 12 company formed to provide dental services as such services are defined 13 in article 133 of the education law, each member of such limited liabil- 14 ity company must be licensed pursuant to article 133 of the education 15 law to practice dentistry in this state. With respect to a professional 16 service limited liability company formed to provide veterinary services 17 as such services are defined in article 135 of the education law, each 18 member of such limited liability company must be licensed pursuant to 19 article 135 of the education law to practice veterinary medicine in this 20 state. With respect to a professional service limited liability company 21 formed to provide professional engineering, land surveying, architec- 22 tural, landscape architectural and/or geological services as such 23 services are defined in article 145, article 147 and article 148 of the 24 education law, each member of such limited liability company must be 25 licensed pursuant to article 145, article 147 and/or article 148 of the 26 education law to practice one or more of such professions in this state. 27 With respect to a professional service limited liability company formed 28 to provide licensed clinical social work services as such services are 29 defined in article 154 of the education law, each member of such limited 30 liability company shall be licensed pursuant to article 154 of the 31 education law to practice licensed clinical social work in this state. 32 With respect to a professional service limited liability company formed 33 to provide creative arts therapy services as such services are defined 34 in article 163 of the education law, each member of such limited liabil- 35 ity company must be licensed pursuant to article 163 of the education 36 law to practice creative arts therapy in this state. With respect to a 37 professional service limited liability company formed to provide 38 marriage and family therapy services as such services are defined in 39 article 163 of the education law, each member of such limited liability 40 company must be licensed pursuant to article 163 of the education law to 41 practice marriage and family therapy in this state. With respect to a 42 professional service limited liability company formed to provide mental 43 health counseling services as such services are defined in article 163 44 of the education law, each member of such limited liability company must 45 be licensed pursuant to article 163 of the education law to practice 46 mental health counseling in this state. With respect to a professional 47 service limited liability company formed to provide psychoanalysis 48 services as such services are defined in article 163 of the education 49 law, each member of such limited liability company must be licensed 50 pursuant to article 163 of the education law to practice psychoanalysis 51 in this state. With respect to a professional service limited liability 52 company formed to provide applied behavior analysis services as such 53 services are defined in article 167 of the education law, each member of 54 such limited liability company must be licensed or certified pursuant to 55 article 167 of the education law to practice applied behavior analysis 56 in this state. With respect to a professional service limited liabilityS. 2907 9 1 company formed to provide vision impairment specialist services as such 2 services are defined in article 169 of the education law, each member of 3 such limited liability company must be licensed pursuant to article 169 4 of the education law to practice as a vision impairment specialist in 5 this state. In addition to engaging in such profession or professions, a 6 professional service limited liability company may engage in any other 7 business or activities as to which a limited liability company may be 8 formed under section two hundred one of this chapter. Notwithstanding 9 any other provision of this section, a professional service limited 10 liability company (i) authorized to practice law may only engage in 11 another profession or business or activities or (ii) which is engaged in 12 a profession or other business or activities other than law may only 13 engage in the practice of law, to the extent not prohibited by any other 14 law of this state or any rule adopted by the appropriate appellate divi- 15 sion of the supreme court or the court of appeals. 16 § 7. Subdivision (b) of section 1207 of the limited liability company 17 law, as amended by chapter 475 of the laws of 2014, is amended to read 18 as follows: 19 (b) With respect to a professional service limited liability company 20 formed to provide medical services as such services are defined in arti- 21 cle 131 of the education law, each member of such limited liability 22 company must be licensed pursuant to article 131 of the education law to 23 practice medicine in this state. With respect to a professional service 24 limited liability company formed to provide dental services as such 25 services are defined in article 133 of the education law, each member of 26 such limited liability company must be licensed pursuant to article 133 27 of the education law to practice dentistry in this state. With respect 28 to a professional service limited liability company formed to provide 29 veterinary services as such services are defined in article 135 of the 30 education law, each member of such limited liability company must be 31 licensed pursuant to article 135 of the education law to practice veter- 32 inary medicine in this state. With respect to a professional service 33 limited liability company formed to provide professional engineering, 34 land surveying, architectural, landscape architectural and/or geological 35 services as such services are defined in article 145, article 147 and 36 article 148 of the education law, each member of such limited liability 37 company must be licensed pursuant to article 145, article 147 and/or 38 article 148 of the education law to practice one or more of such 39 professions in this state. With respect to a professional service limit- 40 ed liability company formed to provide licensed clinical social work 41 services as such services are defined in article 154 of the education 42 law, each member of such limited liability company shall be licensed 43 pursuant to article 154 of the education law to practice licensed clin- 44 ical social work in this state. With respect to a professional service 45 limited liability company formed to provide creative arts therapy 46 services as such services are defined in article 163 of the education 47 law, each member of such limited liability company must be licensed 48 pursuant to article 163 of the education law to practice creative arts 49 therapy in this state. With respect to a professional service limited 50 liability company formed to provide marriage and family therapy services 51 as such services are defined in article 163 of the education law, each 52 member of such limited liability company must be licensed pursuant to 53 article 163 of the education law to practice marriage and family therapy 54 in this state. With respect to a professional service limited liability 55 company formed to provide mental health counseling services as such 56 services are defined in article 163 of the education law, each member ofS. 2907 10 1 such limited liability company must be licensed pursuant to article 163 2 of the education law to practice mental health counseling in this state. 3 With respect to a professional service limited liability company formed 4 to provide psychoanalysis services as such services are defined in arti- 5 cle 163 of the education law, each member of such limited liability 6 company must be licensed pursuant to article 163 of the education law to 7 practice psychoanalysis in this state. With respect to a professional 8 service limited liability company formed to provide applied behavior 9 analysis services as such services are defined in article 167 of the 10 education law, each member of such limited liability company must be 11 licensed or certified pursuant to article 167 of the education law to 12 practice applied behavior analysis in this state. With respect to a 13 professional service limited liability company formed to provide vision 14 impairment specialist services as such services are defined in article 15 169 of the education law, each member of such limited liability company 16 must be licensed pursuant to article 169 of the education law to prac- 17 tice as a vision impairment specialist in this state. 18 § 8. Subdivision (a) of section 1301 of the limited liability company 19 law, as amended by chapter 475 of the laws of 2014, is amended to read 20 as follows: 21 (a) "Foreign professional service limited liability company" means a 22 professional service limited liability company, whether or not denomi- 23 nated as such, organized under the laws of a jurisdiction other than 24 this state, (i) each of whose members and managers, if any, is a profes- 25 sional authorized by law to render a professional service within this 26 state and who is or has been engaged in the practice of such profession 27 in such professional service limited liability company or a predecessor 28 entity, or will engage in the practice of such profession in the profes- 29 sional service limited liability company within thirty days of the date 30 such professional becomes a member, or each of whose members and manag- 31 ers, if any, is a professional at least one of such members is author- 32 ized by law to render a professional service within this state and who 33 is or has been engaged in the practice of such profession in such 34 professional service limited liability company or a predecessor entity, 35 or will engage in the practice of such profession in the professional 36 service limited liability company within thirty days of the date such 37 professional becomes a member, or (ii) authorized by, or holding a 38 license, certificate, registration or permit issued by the licensing 39 authority pursuant to, the education law to render a professional 40 service within this state; except that all members and managers, if any, 41 of a foreign professional service limited liability company that 42 provides health services in this state shall be licensed in this state. 43 With respect to a foreign professional service limited liability company 44 which provides veterinary services as such services are defined in arti- 45 cle 135 of the education law, each member of such foreign professional 46 service limited liability company shall be licensed pursuant to article 47 135 of the education law to practice veterinary medicine. With respect 48 to a foreign professional service limited liability company which 49 provides medical services as such services are defined in article 131 of 50 the education law, each member of such foreign professional service 51 limited liability company must be licensed pursuant to article 131 of 52 the education law to practice medicine in this state. With respect to a 53 foreign professional service limited liability company which provides 54 dental services as such services are defined in article 133 of the 55 education law, each member of such foreign professional service limited 56 liability company must be licensed pursuant to article 133 of the educa-S. 2907 11 1 tion law to practice dentistry in this state. With respect to a foreign 2 professional service limited liability company which provides profes- 3 sional engineering, land surveying, geologic, architectural and/or land- 4 scape architectural services as such services are defined in article 5 145, article 147 and article 148 of the education law, each member of 6 such foreign professional service limited liability company must be 7 licensed pursuant to article 145, article 147 and/or article 148 of the 8 education law to practice one or more of such professions in this state. 9 With respect to a foreign professional service limited liability company 10 which provides licensed clinical social work services as such services 11 are defined in article 154 of the education law, each member of such 12 foreign professional service limited liability company shall be licensed 13 pursuant to article 154 of the education law to practice clinical social 14 work in this state. With respect to a foreign professional service 15 limited liability company which provides creative arts therapy services 16 as such services are defined in article 163 of the education law, each 17 member of such foreign professional service limited liability company 18 must be licensed pursuant to article 163 of the education law to prac- 19 tice creative arts therapy in this state. With respect to a foreign 20 professional service limited liability company which provides marriage 21 and family therapy services as such services are defined in article 163 22 of the education law, each member of such foreign professional service 23 limited liability company must be licensed pursuant to article 163 of 24 the education law to practice marriage and family therapy in this state. 25 With respect to a foreign professional service limited liability company 26 which provides mental health counseling services as such services are 27 defined in article 163 of the education law, each member of such foreign 28 professional service limited liability company must be licensed pursuant 29 to article 163 of the education law to practice mental health counseling 30 in this state. With respect to a foreign professional service limited 31 liability company which provides psychoanalysis services as such 32 services are defined in article 163 of the education law, each member of 33 such foreign professional service limited liability company must be 34 licensed pursuant to article 163 of the education law to practice 35 psychoanalysis in this state. With respect to a foreign professional 36 service limited liability company which provides applied behavior analy- 37 sis services as such services are defined in article 167 of the educa- 38 tion law, each member of such foreign professional service limited 39 liability company must be licensed or certified pursuant to article 167 40 of the education law to practice applied behavior analysis in this 41 state. With respect to a foreign professional service limited liability 42 company which provides vision impairment specialist services as such 43 services are defined in article 169 of the education law, each member of 44 such foreign professional service limited liability company must be 45 licensed pursuant to article 169 of the education law to practice as a 46 vision impairment specialist in this state. 47 § 9. Subdivision (q) of section 121-1500 of the partnership law, as 48 amended by chapter 475 of the laws of 2014, is amended to read as 49 follows: 50 (q) Each partner of a registered limited liability partnership formed 51 to provide medical services in this state must be licensed pursuant to 52 article 131 of the education law to practice medicine in this state and 53 each partner of a registered limited liability partnership formed to 54 provide dental services in this state must be licensed pursuant to arti- 55 cle 133 of the education law to practice dentistry in this state. Each 56 partner of a registered limited liability partnership formed to provideS. 2907 12 1 veterinary services in this state must be licensed pursuant to article 2 135 of the education law to practice veterinary medicine in this state. 3 Each partner of a registered limited liability partnership formed to 4 provide professional engineering, land surveying, geological services, 5 architectural and/or landscape architectural services in this state must 6 be licensed pursuant to article 145, article 147 and/or article 148 of 7 the education law to practice one or more of such professions in this 8 state. Each partner of a registered limited liability partnership formed 9 to provide licensed clinical social work services in this state must be 10 licensed pursuant to article 154 of the education law to practice clin- 11 ical social work in this state. Each partner of a registered limited 12 liability partnership formed to provide creative arts therapy services 13 in this state must be licensed pursuant to article 163 of the education 14 law to practice creative arts therapy in this state. Each partner of a 15 registered limited liability partnership formed to provide marriage and 16 family therapy services in this state must be licensed pursuant to arti- 17 cle 163 of the education law to practice marriage and family therapy in 18 this state. Each partner of a registered limited liability partnership 19 formed to provide mental health counseling services in this state must 20 be licensed pursuant to article 163 of the education law to practice 21 mental health counseling in this state. Each partner of a registered 22 limited liability partnership formed to provide psychoanalysis services 23 in this state must be licensed pursuant to article 163 of the education 24 law to practice psychoanalysis in this state. Each partner of a regis- 25 tered limited liability partnership formed to provide applied behavior 26 analysis service in this state must be licensed or certified pursuant to 27 article 167 of the education law to practice applied behavior analysis 28 in this state. Each partner of a registered limited liability partner- 29 ship formed to provide vision impairment specialist services in this 30 state must be licensed or certified pursuant to article 169 of the 31 education law to practice as a vision impairment specialist in this 32 state. 33 § 10. Subdivision (q) of section 121-1502 of the partnership law, as 34 amended by chapter 475 of the laws of 2014, is amended to read as 35 follows: 36 (q) Each partner of a foreign limited liability partnership which 37 provides medical services in this state must be licensed pursuant to 38 article 131 of the education law to practice medicine in the state and 39 each partner of a foreign limited liability partnership which provides 40 dental services in the state must be licensed pursuant to article 133 of 41 the education law to practice dentistry in this state. Each partner of a 42 foreign limited liability partnership which provides veterinary service 43 in the state shall be licensed pursuant to article 135 of the education 44 law to practice veterinary medicine in this state. Each partner of a 45 foreign limited liability partnership which provides professional engi- 46 neering, land surveying, geological services, architectural and/or land- 47 scape architectural services in this state must be licensed pursuant to 48 article 145, article 147 and/or article 148 of the education law to 49 practice one or more of such professions. Each partner of a foreign 50 limited liability partnership which provides licensed clinical social 51 work services in this state must be licensed pursuant to article 154 of 52 the education law to practice licensed clinical social work in this 53 state. Each partner of a foreign limited liability partnership which 54 provides creative arts therapy services in this state must be licensed 55 pursuant to article 163 of the education law to practice creative arts 56 therapy in this state. Each partner of a foreign limited liability part-S. 2907 13 1 nership which provides marriage and family therapy services in this 2 state must be licensed pursuant to article 163 of the education law to 3 practice marriage and family therapy in this state. Each partner of a 4 foreign limited liability partnership which provides mental health coun- 5 seling services in this state must be licensed pursuant to article 163 6 of the education law to practice mental health counseling in this state. 7 Each partner of a foreign limited liability partnership which provides 8 psychoanalysis services in this state must be licensed pursuant to arti- 9 cle 163 of the education law to practice psychoanalysis in this state. 10 Each partner of a foreign limited liability partnership which provides 11 applied behavior analysis services in this state must be licensed or 12 certified pursuant to article 167 of the education law to practice 13 applied behavior analysis in this state. Each partner of a foreign 14 limited liability partnership which provides vision impairment special- 15 ist services in this state must be licensed pursuant to article 169 of 16 the education law to practice as a vision impairment specialist in this 17 state. 18 § 11. a. Nothing in this act shall be construed as prohibiting a 19 person from performing the duties of a licensed vision impairment 20 specialist, in the course of such employment, if such person is employed 21 by programs licensed, certified, operated, or funded and regulated by 22 the office of children and family services including the commission for 23 the blind and visually impaired, the state education department or the 24 department of health; provided, however, that this section shall not 25 authorize the use of any title authorized pursuant to article 169 of the 26 education law. 27 b. On or before September 1, 2024, each office identified in subdivi- 28 sion a of this section that licenses, certifies, operates or funds and 29 regulates programs that employ individuals to provide services that 30 would otherwise be restricted to individuals licensed or authorized 31 under article 169 of the education law, shall submit to the commissioner 32 of education, in such form and detail as requested by such commissioner, 33 data in relation to: the number of individuals employed in exempt 34 programs licensed, certified, operated, or funded and regulated by each 35 office identified in subdivision a of this section on September 1, 2023 36 who are providing services that would otherwise be restricted to those 37 licensed or authorized under article 169 of the education law; and the 38 occupational title of individuals who on July 1, 2024 are not licensed 39 or otherwise authorized under title 8 of the education law, and who are 40 engaged in the practice of vision impairment specialist for the purpose 41 of providing vision impairment specialist services to persons who are 42 blind or visually impaired. 43 c. The commissioner of education, after receipt of this data and in 44 consultation with the offices identified in subdivision a of this 45 section, in consultation with not-for-profit providers, professional 46 associations, consumers and other key stakeholders, shall prepare a 47 report that recommends changes in any laws, rules or regulations neces- 48 sary to ensure appropriate licensure or other authorization of individ- 49 uals providing services that are within the restricted practice of 50 professions licensed or otherwise authorized under article 169 of the 51 education law. Such report shall include an estimate of the fiscal 52 impact of any such recommended changes and, to the extent practicable, 53 how such recommendations will result in improved outcomes. The commis- 54 sioner of education shall submit the report to the governor, the speaker 55 of the assembly, the temporary president of the senate, and the chairs 56 of the senate and assembly higher education committees by January 1,S. 2907 14 1 2025. The commissioners of the agencies identified in subdivision a of 2 this section shall be provided an opportunity to include statements or 3 alternative recommendations in such report. 4 § 12. This act shall take effect eighteen months after it shall have 5 become a law; provided, further, that the provisions of subdivision a of 6 section eleven of this act shall expire July 1, 2025 when upon such date 7 the provisions of such subdivision shall be deemed repealed. The 8 commissioner of education and the board of regents are authorized to 9 promulgate such rules and regulations and take any other measures as may 10 be necessary for the timely implementation of this act on or before its 11 effective date, including but not limited to the appointment of the 12 state board for vision rehabilitation services, the acceptance and proc- 13 essing of applications for licensure, and the issuance of licenses.
