Bill Text: NY S03381 | 2017-2018 | General Assembly | Amended
Bill Title: Provides for the licensing of vision impairment specialists.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S03381 Detail]
Download: New_York-2017-S03381-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3381--A 2017-2018 Regular Sessions IN SENATE January 23, 2017 ___________ Introduced by Sens. GRIFFO, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07472-02-8S. 3381--A 2 1 general provisions for all professions contained in article one hundred 2 thirty of this title shall apply to this article. 3 § 8901. Definitions. For purposes of this article, the following terms 4 shall have the following meanings: 5 1. The practice of "vision impairment specialist" shall mean providing 6 assessment and evaluation of, and training for, persons who are visually 7 impaired when such assessment, evaluation and training incorporates the 8 full range of specialized skills and tasks subsumed in the specializa- 9 tions of the profession defined in this section as: (a) orientation and 10 mobility training, and (b) vision rehabilitation therapy. Such services 11 shall be rendered on the prescription or referral which may be directive 12 as to treatment by a licensed physician, nurse practitioner, ophthalmol- 13 ogist or optometrist, provided however that no such treatment directive 14 and low vision examination shall be required when the person being 15 referred has been diagnosed within the previous twelve months as visual- 16 ly impaired, blind or legally blind as those terms are defined in subdi- 17 vision six of this section and such services are being rendered consist- 18 ent with that diagnosis, prescription or referral. Vision rehabilitation 19 therapists, and orientation and mobility specialists may not prescribe 20 optical low vision devices. 21 2. The practice of "vision impairment specialist" shall mean one who 22 specializes in orientation and mobility training and/or vision rehabili- 23 tation therapy. 24 3. The practice of "orientation and mobility training" shall mean: 25 (a) the assessment of individual needs of persons who are visually 26 impaired for skills training in methods of safe movement and in strate- 27 gies to gather required environmental and spatial information; (b) the 28 development of appropriate integrated service plans tailored to meet 29 such individual needs as identified in such assessment process; (c) the 30 provision of training in, and utilization of (i) equipment and adaptive 31 devices intended and designed for use by persons who are visually 32 impaired, and (ii) specialized techniques adapted for persons who are 33 visually impaired, including but not limited to orientation; sensory 34 development; systems of safe movement, including long cane techniques; 35 resource identification and, as appropriate, professional referrals; 36 and, in applied settings, reinforcing instruction for the use of optical 37 devices as prescribed by optometrists and ophthalmologists; and (d) the 38 evaluation of clients receiving such specialized training. 39 4. The practice of "vision rehabilitation therapy" shall mean: (a) the 40 assessment of individual needs of persons who are visually impaired for 41 skills training in independent living and communications; (b) the devel- 42 opment of appropriate integrated service plans tailored to meet such 43 individual needs as identified in such assessment process; (c) the 44 provision of training in, and utilization of (i) equipment and adaptive 45 devices intended and designed for use by persons who are visually 46 impaired, including, in applied settings, reinforcing instruction for 47 the use of optical devices as prescribed by optometrists or ophthalmolo- 48 gists, and (ii) specialized techniques adapted for persons who are visu- 49 ally impaired, including but not limited to Braille and other communi- 50 cation skills; adapted computer technology; personal management skills; 51 home management skills; problem solving skills; resource management and, 52 as appropriate, professional referrals; and (d) the evaluation of 53 persons receiving such specialized training. 54 5. "Applied settings" means those locations where persons who are 55 visually impaired engage in day-to-day activities utilizing the toolsS. 3381--A 3 1 supplied and techniques taught by the licensed practitioners defined in 2 this article. 3 6. "Visually impaired" means a person who is totally blind, legally 4 blind or partially sighted. A person who is totally blind is one who has 5 no useable vision. A person who is legally blind is one who satisfies 6 the definition set forth in subdivision b of section three of chapter 7 four hundred fifteen of the laws of nineteen hundred thirteen. A person 8 who is partially sighted is one who has functional vision impairment 9 that constitutes a significant limitation of visual capability resulting 10 from disease, trauma, or congenital condition, that cannot be fully 11 ameliorated by standard refractive correction, medication, or surgery, 12 and that is manifested by one or more of the following: insufficient 13 visual resolution, inadequate field of vision or reduced peak contrast 14 sensitivity. 15 7. "Board" shall mean the state board for vision impairment special- 16 ists as provided for in section eighty-nine thousand three of this arti- 17 cle. 18 § 8902. Use of titles. Only a person licensed or otherwise authorized 19 under this article shall be authorized to practice as a vision impair- 20 ment specialist or use the title "licensed orientation and mobility 21 specialist" or "licensed vision rehabilitation therapist" in connection 22 with his or her name or with any trade name in the conduct of his or her 23 profession. 24 § 8903. State board for vision impairment specialists. A state board 25 for vision impairment specialists shall be appointed by the board of 26 regents upon the recommendation of the commissioner for the purpose of 27 assisting the board of regents and the department on matters of profes- 28 sional licensing and professional conduct in accordance with section 29 sixty-five hundred eight of this title. The board shall consist of not 30 less than nine individuals, two of whom shall be licensed orientation 31 and mobility specialists, two of whom shall be licensed vision rehabili- 32 tation therapists, one ophthalmologist, one optometrist, one public 33 representative as defined in paragraph b of subdivision one of section 34 sixty-five hundred eight of this title and two of whom shall be blind 35 representatives of the public at large whose names will be placed in 36 nomination for the board from organizations of the blind or visually 37 impaired. Members of the initial board need not be licensed or certified 38 prior to their appointment to the board, so long as they are certified 39 by a national certifying or accrediting board, acceptable to the depart- 40 ment. Of the members first appointed, two shall be appointed for a three 41 year term, three shall be appointed for a four year term, and three 42 shall be appointed for a five year term. Thereafter all members shall 43 serve for five year terms. In the event that more than eight members are 44 appointed, a majority of the additional members shall be licensed orien- 45 tation and mobility specialists and licensed vision rehabilitation ther- 46 apists. The members of the board shall select one of themselves as chair 47 to serve for a one year term. An executive secretary shall be appointed 48 by the board of regents upon the recommendation of the commissioner. 49 § 8904. Requirements for a license with a specialization as an orien- 50 tation and mobility specialist. To qualify for a license as an orien- 51 tation and mobility specialist, an applicant shall fulfill the following 52 requirements: 53 1. Application: file an application with the department; 54 2. Education: have satisfactorily completed an approved curriculum in 55 orientation and mobility services including visual disabilities, vision 56 education, vision impairment or other equivalent program in a baccalau-S. 3381--A 4 1 reate or graduate level program or a foreign equivalent, satisfactory to 2 the department and in accordance with the commissioner's regulations; 3 and 4 3. Examination: pass an examination satisfactory to the department in 5 accordance with the commissioner's regulations; 6 4. Age: be at least twenty-one years of age; 7 5. Character: be of good moral character as determined by the depart- 8 ment; and 9 6. Registration: all licensed orientation and mobility specialists 10 shall register triennially with the department in accordance with the 11 commissioner's regulation. 12 7. Fee: a fee of two hundred dollars for an initial license and a fee 13 of one hundred fifty dollars for each triennial registration period. 14 § 8905. Requirements for a license with a specialization as a vision 15 rehabilitation therapist. To qualify for a license as a vision rehabili- 16 tation therapist an applicant shall fulfill the following requirements: 17 1. Application: file an application with the department; 18 2. Education: have satisfactorily completed an approved curriculum in 19 vision rehabilitation therapy including visual disabilities, vision 20 education, vision impairment or other equivalent program in a baccalau- 21 reate or graduate level program, or a foreign equivalent, satisfactory 22 to the department and in accordance with the commissioner's regulations; 23 3. Examination: pass an examination satisfactory to the department in 24 accordance with the commissioner's regulations; 25 4. Age: be at least twenty-one years of age; 26 5. Character: be of good moral character as determined by the depart- 27 ment; and 28 6. Registration: all licensed vision rehabilitation therapists shall 29 register triennially with the department in accordance with the commis- 30 sioner's regulations. 31 7. Fee: a fee of two hundred dollars for an initial license and a fee 32 of one hundred fifty dollars for each triennial registration period. 33 § 8906. Limited permits. The following requirements for a limited 34 permit shall apply to all professions licensed or certified pursuant to 35 this article: 36 1. On the recommendation of the board, the department may issue a 37 limited permit to an applicant who meets the education requirements for 38 licensure, except the examination and/or experience requirements, in 39 accordance with regulations promulgated therefor. 40 2. Limited permits shall be for one year and may be renewed, at the 41 discretion of the department, for one additional year. 42 3. The fee for each limited permit and for each renewal shall be 43 seventy dollars. 44 4. A limited permit holder shall practice only under supervision as 45 determined in accordance with the commissioner's regulations. 46 § 8907. Exempt persons. This article shall not be construed to affect 47 or prevent the following, provided that no title, sign, card or device 48 shall be used in such manner as to tend to convey the impression that 49 the person rendering such service is a licensed vision impairment 50 specialist: 51 1. The practice of licensed vision impairment specialist as an inte- 52 gral part of a program of study by students enrolled in approved educa- 53 tional or training programs in (a) orientation and mobility training or 54 (b) vision rehabilitation therapy. 55 2. Nothing contained in this article shall be construed to limit the 56 scopes of practice of any other profession licensed under this title;S. 3381--A 5 1 provided, however, that such practitioners may not hold themselves out 2 under the titles "licensed vision impairment specialist", and/or 3 "licensed vision impairment specialist with a specialization in orien- 4 tation and mobility", and/or "licensed vision impairment specialist with 5 a specialization in vision rehabilitation therapy". 6 3. Nothing in this article shall be construed as prohibiting a person 7 from performing the duties of a licensed vision impairment specialist, 8 in the course of such employment, if such person is employed by a feder- 9 al, state, county, town, city or village agency or other political 10 subdivision except that this exception from licensure shall not apply to 11 persons employed by institutions regulated primarily by the education 12 department. 13 4. This article shall not be construed to prohibit care delivered by 14 any family member, household member or friend, or person employed prima- 15 rily in a domestic capacity who does not hold himself or herself out, or 16 accept employment, as a person licensed to practice as a vision impair- 17 ment specialist under the provisions of this article; provided, however, 18 that if such person is remunerated, the person does not hold himself or 19 herself out as one who accepts employment for performing such care. 20 5. The instruction in the use of a dog guide. 21 6. Nothing in this article shall be construed as prohibiting a 22 licensed teacher of the visually impaired from performing any of the 23 duties, tasks or responsibilities within that scope of practice. 24 7. The instruction in the use of Braille. 25 § 8908. Special provisions. An individual who meets the requirements 26 for a license as a licensed vision impairment specialist with a special- 27 ization in orientation and mobility and/or vision rehabilitation, except 28 for examination, experience and education, and who is certified or 29 registered by a national certifying body having certification or regis- 30 tration standards acceptable to the commissioner, or an individual who 31 has worked as a vision impairment specialist focused on vision rehabili- 32 tation therapy and/or orientation and mobility in a workplace setting 33 which is primarily devoted to the treatment of individuals with vision 34 loss and blindness for at least three years, may be licensed, without 35 meeting additional requirements as to examination, experience and educa- 36 tion, provided that such individual submits an application to the 37 department within three years of the effective date of this section. 38 § 8909. Separability. If any section of this article, or part thereof, 39 shall be adjudged by any court of competent jurisdiction to be invalid, 40 such judgment shall not affect, impair or invalidate the remainder of 41 any other section or part thereof. 42 § 2. Subparagraph (i) of paragraph a of subdivision 1 of section 43 6503-a of the education law, as amended by chapter 554 of the laws of 44 2013, is amended to read as follows: 45 (i) services provided under article one hundred fifty-four, one 46 hundred sixty-three [or], one hundred sixty-seven or article one hundred 47 sixty-nine of this title for which licensure would be required, or 48 § 3. Paragraph a of subdivision 3 of section 6507 of the education 49 law, as amended by chapter 554 of the laws of 2013, is amended to read 50 as follows: 51 a. Establish standards for preprofessional and professional education, 52 experience and licensing examinations as required to implement the arti- 53 cle for each profession. Notwithstanding any other provision of law, the 54 commissioner shall establish standards requiring that all persons apply- 55 ing, on or after January first, nineteen hundred ninety-one, initially, 56 or for the renewal of, a license, registration or limited permit to be aS. 3381--A 6 1 physician, chiropractor, dentist, registered nurse, podiatrist, optome- 2 trist, psychiatrist, psychologist, licensed master social worker, 3 licensed clinical social worker, licensed creative arts therapist, 4 licensed marriage and family therapist, licensed mental health counse- 5 lor, licensed psychoanalyst, dental hygienist, licensed behavior 6 analyst, [or] certified behavior analyst assistant or licensed vision 7 impairment specialist shall, in addition to all the other licensure, 8 certification or permit requirements, have completed two hours of 9 coursework or training regarding the identification and reporting of 10 child abuse and maltreatment. The coursework or training shall be 11 obtained from an institution or provider which has been approved by the 12 department to provide such coursework or training. The coursework or 13 training shall include information regarding the physical and behavioral 14 indicators of child abuse and maltreatment and the statutory reporting 15 requirements set out in sections four hundred thirteen through four 16 hundred twenty of the social services law, including but not limited to, 17 when and how a report must be made, what other actions the reporter is 18 mandated or authorized to take, the legal protections afforded repor- 19 ters, and the consequences for failing to report. Such coursework or 20 training may also include information regarding the physical and behav- 21 ioral indicators of the abuse of individuals with mental retardation and 22 other developmental disabilities and voluntary reporting of abused or 23 neglected adults to the office of mental retardation and developmental 24 disabilities or the local adult protective services unit. Each applicant 25 shall provide the department with documentation showing that he or she 26 has completed the required training. The department shall provide an 27 exemption from the child abuse and maltreatment training requirements to 28 any applicant who requests such an exemption and who shows, to the 29 department's satisfaction, that there would be no need because of the 30 nature of his or her practice for him or her to complete such training; 31 § 4. Paragraph (a) of subdivision 1 of section 413 of the social 32 services law, as amended by section 7 of part C of chapter 57 of the 33 laws of 2018, is amended to read as follows: 34 (a) The following persons and officials are required to report or 35 cause a report to be made in accordance with this title when they have 36 reasonable cause to suspect that a child coming before them in their 37 professional or official capacity is an abused or maltreated child, or 38 when they have reasonable cause to suspect that a child is an abused or 39 maltreated child where the parent, guardian, custodian or other person 40 legally responsible for such child comes before them in their profes- 41 sional or official capacity and states from personal knowledge facts, 42 conditions or circumstances which, if correct, would render the child an 43 abused or maltreated child: any physician; registered physician assist- 44 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 45 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 46 psychologist; registered nurse; social worker; emergency medical techni- 47 cian; licensed creative arts therapist; licensed marriage and family 48 therapist; licensed mental health counselor; licensed psychoanalyst; 49 licensed behavior analyst; certified behavior analyst assistant; 50 licensed vision impairment specialist; hospital personnel engaged in the 51 admission, examination, care or treatment of persons; a Christian 52 Science practitioner; school official, which includes but is not limited 53 to school teacher, school guidance counselor, school psychologist, 54 school social worker, school nurse, school administrator or other school 55 personnel required to hold a teaching or administrative license or 56 certificate; full or part-time compensated school employee required toS. 3381--A 7 1 hold a temporary coaching license or professional coaching certificate; 2 social services worker; employee of a publicly-funded emergency shelter 3 for families with children; director of a children's overnight camp, 4 summer day camp or traveling summer day camp, as such camps are defined 5 in section thirteen hundred ninety-two of the public health law; day 6 care center worker; school-age child care worker; provider of family or 7 group family day care; employee or volunteer in a residential care 8 facility for children that is licensed, certified or operated by the 9 office of children and family services; or any other child care or 10 foster care worker; mental health professional; substance abuse counse- 11 lor; alcoholism counselor; all persons credentialed by the office of 12 alcoholism and substance abuse services; employees, who are expected to 13 have regular and substantial contact with children, of a health home or 14 health home care management agency contracting with a health home as 15 designated by the department of health and authorized under section 16 three hundred sixty-five-l of this chapter or such employees who provide 17 home and community based services under a demonstration program pursuant 18 to section eleven hundred fifteen of the federal social security act who 19 are expected to have regular and substantial contact with children; 20 peace officer; police officer; district attorney or assistant district 21 attorney; investigator employed in the office of a district attorney; or 22 other law enforcement official. 23 § 5. Section 6505-b of the education law, as amended by chapter 10 of 24 the laws of 2018, is amended to read as follows: 25 § 6505-b. Course work or training in infection control practices. 26 Every dentist, registered nurse, licensed practical nurse, vision 27 impairment specialist, podiatrist, optometrist and dental hygienist 28 practicing in the state shall, on or before July first, nineteen hundred 29 ninety-four and every four years thereafter, complete course work or 30 training appropriate to the professional's practice approved by the 31 department regarding infection control, which shall include sepsis, and 32 barrier precautions, including engineering and work practice controls, 33 in accordance with regulatory standards promulgated by the department, 34 in consultation with the department of health, which shall be consist- 35 ent, as far as appropriate, with such standards adopted by the depart- 36 ment of health pursuant to section two hundred thirty-nine of the public 37 health law to prevent the transmission of HIV, HBV, HCV and infections 38 that could lead to sepsis in the course of professional practice. Each 39 such professional shall document to the department at the time of regis- 40 tration commencing with the first registration after July first, nine- 41 teen hundred ninety-four that the professional has completed course work 42 or training in accordance with this section, provided, however that a 43 professional subject to the provisions of paragraph (f) of subdivision 44 one of section twenty-eight hundred five-k of the public health law 45 shall not be required to so document. The department shall provide an 46 exemption from this requirement to anyone who requests such an exemption 47 and who (i) clearly demonstrates to the department's satisfaction that 48 there would be no need for him or her to complete such course work or 49 training because of the nature of his or her practice or (ii) that he or 50 she has completed course work or training deemed by the department to be 51 equivalent to the course work or training approved by the department 52 pursuant to this section. The department shall consult with organiza- 53 tions representative of professions, institutions and those with exper- 54 tise in infection control and HIV, HBV, HCV and infections that could 55 lead to sepsis with respect to the regulatory standards promulgated 56 pursuant to this section.S. 3381--A 8 1 § 6. Subdivision (a) of section 1203 of the limited liability company 2 law, as amended by chapter 475 of the laws of 2014, is amended to read 3 as follows: 4 (a) Notwithstanding the education law or any other provision of law, 5 one or more professionals each of whom is authorized by law to render a 6 professional service within the state, or one or more professionals, at 7 least one of whom is authorized by law to render a professional service 8 within the state, may form, or cause to be formed, a professional 9 service limited liability company for pecuniary profit under this arti- 10 cle for the purpose of rendering the professional service or services as 11 such professionals are authorized to practice. With respect to a profes- 12 sional service limited liability company formed to provide medical 13 services as such services are defined in article 131 of the education 14 law, each member of such limited liability company must be licensed 15 pursuant to article 131 of the education law to practice medicine in 16 this state. With respect to a professional service limited liability 17 company formed to provide dental services as such services are defined 18 in article 133 of the education law, each member of such limited liabil- 19 ity company must be licensed pursuant to article 133 of the education 20 law to practice dentistry in this state. With respect to a professional 21 service limited liability company formed to provide veterinary services 22 as such services are defined in article 135 of the education law, each 23 member of such limited liability company must be licensed pursuant to 24 article 135 of the education law to practice veterinary medicine in this 25 state. With respect to a professional service limited liability company 26 formed to provide professional engineering, land surveying, architec- 27 tural, landscape architectural and/or geological services as such 28 services are defined in article 145, article 147 and article 148 of the 29 education law, each member of such limited liability company must be 30 licensed pursuant to article 145, article 147 and/or article 148 of the 31 education law to practice one or more of such professions in this state. 32 With respect to a professional service limited liability company formed 33 to provide licensed clinical social work services as such services are 34 defined in article 154 of the education law, each member of such limited 35 liability company shall be licensed pursuant to article 154 of the 36 education law to practice licensed clinical social work in this state. 37 With respect to a professional service limited liability company formed 38 to provide creative arts therapy services as such services are defined 39 in article 163 of the education law, each member of such limited liabil- 40 ity company must be licensed pursuant to article 163 of the education 41 law to practice creative arts therapy in this state. With respect to a 42 professional service limited liability company formed to provide 43 marriage and family therapy services as such services are defined in 44 article 163 of the education law, each member of such limited liability 45 company must be licensed pursuant to article 163 of the education law to 46 practice marriage and family therapy in this state. With respect to a 47 professional service limited liability company formed to provide mental 48 health counseling services as such services are defined in article 163 49 of the education law, each member of such limited liability company must 50 be licensed pursuant to article 163 of the education law to practice 51 mental health counseling in this state. With respect to a professional 52 service limited liability company formed to provide psychoanalysis 53 services as such services are defined in article 163 of the education 54 law, each member of such limited liability company must be licensed 55 pursuant to article 163 of the education law to practice psychoanalysis 56 in this state. With respect to a professional service limited liabilityS. 3381--A 9 1 company formed to provide applied behavior analysis services as such 2 services are defined in article 167 of the education law, each member of 3 such limited liability company must be licensed or certified pursuant to 4 article 167 of the education law to practice applied behavior analysis 5 in this state. With respect to a professional service limited liability 6 company formed to provide vision impairment specialist services as such 7 services are defined in article 169 of the education law, each member of 8 such limited liability company must be licensed pursuant to article 169 9 of the education law to practice as a vision impairment specialist in 10 this state. In addition to engaging in such profession or professions, a 11 professional service limited liability company may engage in any other 12 business or activities as to which a limited liability company may be 13 formed under section two hundred one of this chapter. Notwithstanding 14 any other provision of this section, a professional service limited 15 liability company (i) authorized to practice law may only engage in 16 another profession or business or activities or (ii) which is engaged in 17 a profession or other business or activities other than law may only 18 engage in the practice of law, to the extent not prohibited by any other 19 law of this state or any rule adopted by the appropriate appellate divi- 20 sion of the supreme court or the court of appeals. 21 § 7. Subdivision (b) of section 1207 of the limited liability company 22 law, as amended by chapter 475 of the laws of 2014, is amended to read 23 as follows: 24 (b) With respect to a professional service limited liability company 25 formed to provide medical services as such services are defined in arti- 26 cle 131 of the education law, each member of such limited liability 27 company must be licensed pursuant to article 131 of the education law to 28 practice medicine in this state. With respect to a professional service 29 limited liability company formed to provide dental services as such 30 services are defined in article 133 of the education law, each member of 31 such limited liability company must be licensed pursuant to article 133 32 of the education law to practice dentistry in this state. With respect 33 to a professional service limited liability company formed to provide 34 veterinary services as such services are defined in article 135 of the 35 education law, each member of such limited liability company must be 36 licensed pursuant to article 135 of the education law to practice veter- 37 inary medicine in this state. With respect to a professional service 38 limited liability company formed to provide professional engineering, 39 land surveying, architectural, landscape architectural and/or geological 40 services as such services are defined in article 145, article 147 and 41 article 148 of the education law, each member of such limited liability 42 company must be licensed pursuant to article 145, article 147 and/or 43 article 148 of the education law to practice one or more of such 44 professions in this state. With respect to a professional service limit- 45 ed liability company formed to provide licensed clinical social work 46 services as such services are defined in article 154 of the education 47 law, each member of such limited liability company shall be licensed 48 pursuant to article 154 of the education law to practice licensed clin- 49 ical social work in this state. With respect to a professional service 50 limited liability company formed to provide creative arts therapy 51 services as such services are defined in article 163 of the education 52 law, each member of such limited liability company must be licensed 53 pursuant to article 163 of the education law to practice creative arts 54 therapy in this state. With respect to a professional service limited 55 liability company formed to provide marriage and family therapy services 56 as such services are defined in article 163 of the education law, eachS. 3381--A 10 1 member of such limited liability company must be licensed pursuant to 2 article 163 of the education law to practice marriage and family therapy 3 in this state. With respect to a professional service limited liability 4 company formed to provide mental health counseling services as such 5 services are defined in article 163 of the education law, each member of 6 such limited liability company must be licensed pursuant to article 163 7 of the education law to practice mental health counseling in this state. 8 With respect to a professional service limited liability company formed 9 to provide psychoanalysis services as such services are defined in arti- 10 cle 163 of the education law, each member of such limited liability 11 company must be licensed pursuant to article 163 of the education law to 12 practice psychoanalysis in this state. With respect to a professional 13 service limited liability company formed to provide applied behavior 14 analysis services as such services are defined in article 167 of the 15 education law, each member of such limited liability company must be 16 licensed or certified pursuant to article 167 of the education law to 17 practice applied behavior analysis in this state. With respect to a 18 professional service limited liability company formed to provide vision 19 impairment specialist services as such services are defined in article 20 169 of the education law, each member of such limited liability company 21 must be licensed pursuant to article 169 of the education law to prac- 22 tice as a vision impairment specialist in this state. 23 § 8. Subdivision (a) of section 1301 of the limited liability company 24 law, as amended by chapter 475 of the laws of 2014, is amended to read 25 as follows: 26 (a) "Foreign professional service limited liability company" means a 27 professional service limited liability company, whether or not denomi- 28 nated as such, organized under the laws of a jurisdiction other than 29 this state, (i) each of whose members and managers, if any, is a profes- 30 sional authorized by law to render a professional service within this 31 state and who is or has been engaged in the practice of such profession 32 in such professional service limited liability company or a predecessor 33 entity, or will engage in the practice of such profession in the profes- 34 sional service limited liability company within thirty days of the date 35 such professional becomes a member, or each of whose members and manag- 36 ers, if any, is a professional at least one of such members is author- 37 ized by law to render a professional service within this state and who 38 is or has been engaged in the practice of such profession in such 39 professional service limited liability company or a predecessor entity, 40 or will engage in the practice of such profession in the professional 41 service limited liability company within thirty days of the date such 42 professional becomes a member, or (ii) authorized by, or holding a 43 license, certificate, registration or permit issued by the licensing 44 authority pursuant to, the education law to render a professional 45 service within this state; except that all members and managers, if any, 46 of a foreign professional service limited liability company that 47 provides health services in this state shall be licensed in this state. 48 With respect to a foreign professional service limited liability company 49 which provides veterinary services as such services are defined in arti- 50 cle 135 of the education law, each member of such foreign professional 51 service limited liability company shall be licensed pursuant to article 52 135 of the education law to practice veterinary medicine. With respect 53 to a foreign professional service limited liability company which 54 provides medical services as such services are defined in article 131 of 55 the education law, each member of such foreign professional service 56 limited liability company must be licensed pursuant to article 131 ofS. 3381--A 11 1 the education law to practice medicine in this state. With respect to a 2 foreign professional service limited liability company which provides 3 dental services as such services are defined in article 133 of the 4 education law, each member of such foreign professional service limited 5 liability company must be licensed pursuant to article 133 of the educa- 6 tion law to practice dentistry in this state. With respect to a foreign 7 professional service limited liability company which provides profes- 8 sional engineering, land surveying, geologic, architectural and/or land- 9 scape architectural services as such services are defined in article 10 145, article 147 and article 148 of the education law, each member of 11 such foreign professional service limited liability company must be 12 licensed pursuant to article 145, article 147 and/or article 148 of the 13 education law to practice one or more of such professions in this state. 14 With respect to a foreign professional service limited liability company 15 which provides licensed clinical social work services as such services 16 are defined in article 154 of the education law, each member of such 17 foreign professional service limited liability company shall be licensed 18 pursuant to article 154 of the education law to practice clinical social 19 work in this state. With respect to a foreign professional service 20 limited liability company which provides creative arts therapy services 21 as such services are defined in article 163 of the education law, each 22 member of such foreign professional service limited liability company 23 must be licensed pursuant to article 163 of the education law to prac- 24 tice creative arts therapy in this state. With respect to a foreign 25 professional service limited liability company which provides marriage 26 and family therapy services as such services are defined in article 163 27 of the education law, each member of such foreign professional service 28 limited liability company must be licensed pursuant to article 163 of 29 the education law to practice marriage and family therapy in this state. 30 With respect to a foreign professional service limited liability company 31 which provides mental health counseling services as such services are 32 defined in article 163 of the education law, each member of such foreign 33 professional service limited liability company must be licensed pursuant 34 to article 163 of the education law to practice mental health counseling 35 in this state. With respect to a foreign professional service limited 36 liability company which provides psychoanalysis services as such 37 services are defined in article 163 of the education law, each member of 38 such foreign professional service limited liability company must be 39 licensed pursuant to article 163 of the education law to practice 40 psychoanalysis in this state. With respect to a foreign professional 41 service limited liability company which provides applied behavior analy- 42 sis services as such services are defined in article 167 of the educa- 43 tion law, each member of such foreign professional service limited 44 liability company must be licensed or certified pursuant to article 167 45 of the education law to practice applied behavior analysis in this 46 state. With respect to a foreign professional service limited liability 47 company which provides vision impairment specialist services as such 48 services are defined in article 169 of the education law, each member of 49 such foreign professional service limited liability company must be 50 licensed pursuant to article 169 of the education law to practice as a 51 vision impairment specialist in this state. 52 § 9. Subdivision (q) of section 121-1500 of the partnership law, as 53 amended by chapter 475 of the laws of 2014, is amended to read as 54 follows: 55 (q) Each partner of a registered limited liability partnership formed 56 to provide medical services in this state must be licensed pursuant toS. 3381--A 12 1 article 131 of the education law to practice medicine in this state and 2 each partner of a registered limited liability partnership formed to 3 provide dental services in this state must be licensed pursuant to arti- 4 cle 133 of the education law to practice dentistry in this state. Each 5 partner of a registered limited liability partnership formed to provide 6 veterinary services in this state must be licensed pursuant to article 7 135 of the education law to practice veterinary medicine in this state. 8 Each partner of a registered limited liability partnership formed to 9 provide professional engineering, land surveying, geological services, 10 architectural and/or landscape architectural services in this state must 11 be licensed pursuant to article 145, article 147 and/or article 148 of 12 the education law to practice one or more of such professions in this 13 state. Each partner of a registered limited liability partnership formed 14 to provide licensed clinical social work services in this state must be 15 licensed pursuant to article 154 of the education law to practice clin- 16 ical social work in this state. Each partner of a registered limited 17 liability partnership formed to provide creative arts therapy services 18 in this state must be licensed pursuant to article 163 of the education 19 law to practice creative arts therapy in this state. Each partner of a 20 registered limited liability partnership formed to provide marriage and 21 family therapy services in this state must be licensed pursuant to arti- 22 cle 163 of the education law to practice marriage and family therapy in 23 this state. Each partner of a registered limited liability partnership 24 formed to provide mental health counseling services in this state must 25 be licensed pursuant to article 163 of the education law to practice 26 mental health counseling in this state. Each partner of a registered 27 limited liability partnership formed to provide psychoanalysis services 28 in this state must be licensed pursuant to article 163 of the education 29 law to practice psychoanalysis in this state. Each partner of a regis- 30 tered limited liability partnership formed to provide applied behavior 31 analysis service in this state must be licensed or certified pursuant to 32 article 167 of the education law to practice applied behavior analysis 33 in this state. Each partner of a registered limited liability partner- 34 ship formed to provide vision impairment specialist services in this 35 state must be licensed or certified pursuant to article 169 of the 36 education law to practice as a vision impairment specialist in this 37 state. 38 § 10. Subdivision (q) of section 121-1502 of the partnership law, as 39 amended by chapter 475 of the laws of 2014, is amended to read as 40 follows: 41 (q) Each partner of a foreign limited liability partnership which 42 provides medical services in this state must be licensed pursuant to 43 article 131 of the education law to practice medicine in the state and 44 each partner of a foreign limited liability partnership which provides 45 dental services in the state must be licensed pursuant to article 133 of 46 the education law to practice dentistry in this state. Each partner of a 47 foreign limited liability partnership which provides veterinary service 48 in the state shall be licensed pursuant to article 135 of the education 49 law to practice veterinary medicine in this state. Each partner of a 50 foreign limited liability partnership which provides professional engi- 51 neering, land surveying, geological services, architectural and/or land- 52 scape architectural services in this state must be licensed pursuant to 53 article 145, article 147 and/or article 148 of the education law to 54 practice one or more of such professions. Each partner of a foreign 55 limited liability partnership which provides licensed clinical social 56 work services in this state must be licensed pursuant to article 154 ofS. 3381--A 13 1 the education law to practice licensed clinical social work in this 2 state. Each partner of a foreign limited liability partnership which 3 provides creative arts therapy services in this state must be licensed 4 pursuant to article 163 of the education law to practice creative arts 5 therapy in this state. Each partner of a foreign limited liability part- 6 nership which provides marriage and family therapy services in this 7 state must be licensed pursuant to article 163 of the education law to 8 practice marriage and family therapy in this state. Each partner of a 9 foreign limited liability partnership which provides mental health coun- 10 seling services in this state must be licensed pursuant to article 163 11 of the education law to practice mental health counseling in this state. 12 Each partner of a foreign limited liability partnership which provides 13 psychoanalysis services in this state must be licensed pursuant to arti- 14 cle 163 of the education law to practice psychoanalysis in this state. 15 Each partner of a foreign limited liability partnership which provides 16 applied behavior analysis services in this state must be licensed or 17 certified pursuant to article 167 of the education law to practice 18 applied behavior analysis in this state. Each partner of a foreign 19 limited liability partnership which provides vision impairment special- 20 ist services in this state must be licensed pursuant to article 169 of 21 the education law to practice as a vision impairment specialist in this 22 state. 23 § 11. a. Nothing in this act shall be construed as prohibiting a 24 person from performing the duties of a licensed vision impairment 25 specialist, in the course of such employment, if such person is employed 26 by programs licensed, certified, operated, or funded and regulated by 27 the office of children and family services including the commission for 28 the blind and visually impaired, the state education department or the 29 department of health; provided, however, that this section shall not 30 authorize the use of any title authorized pursuant to article 169 of the 31 education law. 32 b. On or before September 1, 2019, each office identified in subdivi- 33 sion a of this section that licenses, certifies, operates or funds and 34 regulates programs that employ individuals to provide services that 35 would otherwise be restricted to individuals licensed or authorized 36 under article 169 of the education law, shall submit to the commissioner 37 of education, in such form and detail as requested by such commissioner, 38 data in relation to: the number of individuals employed in exempt 39 programs licensed, certified, operated, or funded and regulated by each 40 office identified in subdivision a of this section on September 1, 2018 41 who are providing services that would otherwise be restricted to those 42 licensed or authorized under article 169 of the education law; and the 43 occupational title of individuals who on July 1, 2019 are not licensed 44 or otherwise authorized under title 8 of the education law, and who are 45 engaged in the practice of vision impairment specialist for the purpose 46 of providing vision impairment specialist services to persons who are 47 blind or visually impaired. 48 c. The commissioner of education, after receipt of this data and in 49 consultation with the offices identified in subdivision a of this 50 section, in consultation with not-for-profit providers, professional 51 associations, consumers and other key stakeholders, shall prepare a 52 report that recommends changes in any laws, rules or regulations neces- 53 sary to ensure appropriate licensure or other authorization of individ- 54 uals providing services that are within the restricted practice of 55 professions licensed or otherwise authorized under article 169 of the 56 education law. Such report shall include an estimate of the fiscalS. 3381--A 14 1 impact of any such recommended changes and, to the extent practicable, 2 how such recommendations will result in improved outcomes. The commis- 3 sioner of education shall submit the report to the governor, the speaker 4 of the assembly, the temporary president of the senate, and the chairs 5 of the senate and assembly higher education committees by January 1, 6 2020. The commissioners of the agencies identified in subdivision a of 7 this section shall be provided an opportunity to include statements or 8 alternative recommendations in such report. 9 § 12. This act shall take effect eighteen months after it shall have 10 become a law; provided, however, that section five of this act shall 11 take effect on the same date and in the same manner as section 6 of 12 chapter 347 of the laws of 2017, takes effect; provided, further, that 13 the provisions of subdivision a of section eleven of this act shall 14 expire July 1, 2020 when upon such date the provisions of such subdivi- 15 sion shall be deemed repealed. The commissioner of education and the 16 board of regents are authorized to promulgate such rules and regulations 17 and take any other measures as may be necessary for the timely implemen- 18 tation of this act on or before its effective date, including but not 19 limited to the appointment of the state board for vision rehabilitation 20 services, the acceptance and processing of applications for licensure, 21 and the issuance of licenses.
