Bill Text: NY S04695 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-03-21 - REFERRED TO HIGHER EDUCATION [S04695 Detail]

Download: New_York-2019-S04695-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4695
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 21, 2019
                                       ___________
        Introduced  by Sens. PERSAUD, GRIFFO, FELDER, GALLIVAN, GAUGHRAN -- 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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08052-01-9

        S. 4695                             2
     1    § 8901. Definitions. For purposes of this article, the following terms
     2  shall have the following meanings:
     3    1. The practice of "vision impairment specialist" shall mean providing
     4  assessment and evaluation of, and training for, persons who are visually
     5  impaired  when such assessment, evaluation and training incorporates the
     6  full range of specialized skills and tasks subsumed in  the  specializa-
     7  tions of the profession defined in this section as:  (a) orientation and
     8  mobility  training, and (b) vision rehabilitation therapy. Such services
     9  shall be rendered on the prescription or referral which may be directive
    10  as to treatment by a licensed physician, nurse practitioner, ophthalmol-
    11  ogist or optometrist, provided however that no such treatment  directive
    12  and  low  vision  examination  shall  be  required when the person being
    13  referred has been diagnosed within the previous twelve months as visual-
    14  ly impaired, blind or legally blind as those terms are defined in subdi-
    15  vision six of this section and such services are being rendered consist-
    16  ent with that diagnosis, prescription or referral. Vision rehabilitation
    17  therapists, and orientation and mobility specialists may  not  prescribe
    18  optical low vision devices.
    19    2.  The  practice of "vision impairment specialist" shall mean one who
    20  specializes in orientation and mobility training and/or vision rehabili-
    21  tation therapy.
    22    3. The practice of "orientation and mobility training" shall mean:
    23    (a) the assessment of individual needs of  persons  who  are  visually
    24  impaired  for skills training in methods of safe movement and in strate-
    25  gies to gather required environmental and spatial information;  (b)  the
    26  development  of  appropriate  integrated  service plans tailored to meet
    27  such individual needs as identified in such assessment process; (c)  the
    28  provision  of training in, and utilization of (i) equipment and adaptive
    29  devices intended and designed  for  use  by  persons  who  are  visually
    30  impaired,  and  (ii)  specialized techniques adapted for persons who are
    31  visually impaired, including but not  limited  to  orientation;  sensory
    32  development;  systems  of safe movement, including long cane techniques;
    33  resource identification and,  as  appropriate,  professional  referrals;
    34  and, in applied settings, reinforcing instruction for the use of optical
    35  devices  as prescribed by optometrists and ophthalmologists; and (d) the
    36  evaluation of clients receiving such specialized training.
    37    4. The practice of "vision rehabilitation therapy" shall mean: (a) the
    38  assessment of individual needs of persons who are visually impaired  for
    39  skills training in independent living and communications; (b) the devel-
    40  opment  of  appropriate  integrated  service plans tailored to meet such
    41  individual needs as identified  in  such  assessment  process;  (c)  the
    42  provision  of training in, and utilization of (i) equipment and adaptive
    43  devices intended and designed  for  use  by  persons  who  are  visually
    44  impaired,  including,  in  applied settings, reinforcing instruction for
    45  the use of optical devices as prescribed by optometrists or ophthalmolo-
    46  gists, and (ii) specialized techniques adapted for persons who are visu-
    47  ally impaired, including but not limited to Braille and  other  communi-
    48  cation  skills; adapted computer technology; personal management skills;
    49  home management skills; problem solving skills; resource management and,
    50  as appropriate,  professional  referrals;  and  (d)  the  evaluation  of
    51  persons receiving such specialized training.
    52    5.  "Applied  settings"  means  those  locations where persons who are
    53  visually impaired engage in day-to-day activities  utilizing  the  tools
    54  supplied  and techniques taught by the licensed practitioners defined in
    55  this article.

        S. 4695                             3
     1    6. "Visually impaired" means a person who is  totally  blind,  legally
     2  blind or partially sighted. A person who is totally blind is one who has
     3  no  useable  vision.  A person who is legally blind is one who satisfies
     4  the definition set forth in subdivision b of section  three  of  chapter
     5  four  hundred fifteen of the laws of nineteen hundred thirteen. A person
     6  who is partially sighted is one who  has  functional  vision  impairment
     7  that constitutes a significant limitation of visual capability resulting
     8  from  disease,  trauma,  or  congenital  condition, that cannot be fully
     9  ameliorated by standard refractive correction, medication,  or  surgery,
    10  and  that  is  manifested  by one or more of the following: insufficient
    11  visual resolution, inadequate field of vision or reduced  peak  contrast
    12  sensitivity.
    13    7.  "Board"  shall mean the state board for vision impairment special-
    14  ists as provided for in section eighty-nine thousand three of this arti-
    15  cle.
    16    § 8902. Use of titles.  Only a person licensed or otherwise authorized
    17  under this article shall be authorized to practice as a  vision  impair-
    18  ment  specialist  or  use  the  title "licensed orientation and mobility
    19  specialist" or "licensed vision rehabilitation therapist" in  connection
    20  with his or her name or with any trade name in the conduct of his or her
    21  profession.
    22    §  8903.  State board for vision impairment specialists. A state board
    23  for vision impairment specialists shall be appointed  by  the  board  of
    24  regents  upon  the recommendation of the commissioner for the purpose of
    25  assisting the board of regents and the department on matters of  profes-
    26  sional  licensing  and  professional  conduct in accordance with section
    27  sixty-five hundred eight of this title. The board shall consist  of  not
    28  less  than  nine  individuals, two of whom shall be licensed orientation
    29  and mobility specialists, two of whom shall be licensed vision rehabili-
    30  tation therapists, one  ophthalmologist,  one  optometrist,  one  public
    31  representative  as  defined in paragraph b of subdivision one of section
    32  sixty-five hundred eight of this title and two of whom  shall  be  blind
    33  representatives  of  the  public  at large whose names will be placed in
    34  nomination for the board from organizations of  the  blind  or  visually
    35  impaired. Members of the initial board need not be licensed or certified
    36  prior  to  their appointment to the board, so long as they are certified
    37  by a national certifying or accrediting board, acceptable to the depart-
    38  ment. Of the members first appointed, two shall be appointed for a three
    39  year term, three shall be appointed for a  four  year  term,  and  three
    40  shall  be  appointed  for a five year term. Thereafter all members shall
    41  serve for five year terms. In the event that more than eight members are
    42  appointed, a majority of the additional members shall be licensed orien-
    43  tation and mobility specialists and licensed vision rehabilitation ther-
    44  apists. The members of the board shall select one of themselves as chair
    45  to serve for a one year term. An executive secretary shall be  appointed
    46  by the board of regents upon the recommendation of the commissioner.
    47    §  8904. Requirements for a license with a specialization as an orien-
    48  tation and mobility specialist. To qualify for a license  as  an  orien-
    49  tation and mobility specialist, an applicant shall fulfill the following
    50  requirements:
    51    1. Application: file an application with the department;
    52    2.  Education: have satisfactorily completed an approved curriculum in
    53  orientation and mobility services including visual disabilities,  vision
    54  education,  vision impairment or other equivalent program in a baccalau-
    55  reate or graduate level program or a foreign equivalent, satisfactory to
    56  the department and in accordance with the commissioner's regulations;

        S. 4695                             4
     1    3. Examination: pass an examination satisfactory to the department  in
     2  accordance with the commissioner's regulations;
     3    4. Age: be at least twenty-one years of age;
     4    5.  Character: be of good moral character as determined by the depart-
     5  ment; and
     6    6. Registration: all licensed  orientation  and  mobility  specialists
     7  shall  register  triennially  with the department in accordance with the
     8  commissioner's regulation.
     9    7. Fee: a fee of two hundred dollars for an initial license and a  fee
    10  of one hundred fifty dollars for each triennial registration period.
    11    §  8905.  Requirements for a license with a specialization as a vision
    12  rehabilitation therapist. To qualify for a license as a vision rehabili-
    13  tation therapist an applicant shall fulfill the following requirements:
    14    1. Application: file an application with the department;
    15    2. Education: have satisfactorily completed an approved curriculum  in
    16  vision  rehabilitation  therapy  including  visual  disabilities, vision
    17  education, vision impairment or other equivalent program in a  baccalau-
    18  reate  or  graduate level program, or a foreign equivalent, satisfactory
    19  to the department and in accordance with the commissioner's regulations;
    20    3. Examination: pass an examination satisfactory to the department  in
    21  accordance with the commissioner's regulations;
    22    4. Age: be at least twenty-one years of age;
    23    5.  Character: be of good moral character as determined by the depart-
    24  ment; and
    25    6. Registration: all licensed vision rehabilitation  therapists  shall
    26  register  triennially with the department in accordance with the commis-
    27  sioner's regulations.
    28    7. Fee: a fee of two hundred dollars for an initial license and a  fee
    29  of one hundred fifty dollars for each triennial registration period.
    30    §  8906.  Limited  permits.  The  following requirements for a limited
    31  permit shall apply to all professions licensed or certified pursuant  to
    32  this article:
    33    1.  On  the  recommendation  of  the board, the department may issue a
    34  limited permit to an applicant who meets the education requirements  for
    35  licensure,  except  the  examination  and/or experience requirements, in
    36  accordance with regulations promulgated therefor.
    37    2. Limited permits shall be for one year and may be  renewed,  at  the
    38  discretion of the department, for one additional year.
    39    3.  The  fee  for  each  limited  permit and for each renewal shall be
    40  seventy dollars.
    41    4. A limited permit holder shall practice only  under  supervision  as
    42  determined in accordance with the commissioner's regulations.
    43    §  8907. Exempt persons. This article shall not be construed to affect
    44  or prevent the following, provided that no title, sign, card  or  device
    45  shall  be  used  in such manner as to tend to convey the impression that
    46  the person rendering  such  service  is  a  licensed  vision  impairment
    47  specialist:
    48    1.  The  practice of licensed vision impairment specialist as an inte-
    49  gral part of a program of study by students enrolled in approved  educa-
    50  tional  or training programs in (a) orientation and mobility training or
    51  (b) vision rehabilitation therapy.
    52    2. Nothing contained in this article shall be construed to  limit  the
    53  scopes  of  practice  of any other profession licensed under this title;
    54  provided, however, that such practitioners may not hold  themselves  out
    55  under   the  titles  "licensed  vision  impairment  specialist",  and/or
    56  "licensed vision impairment specialist with a specialization  in  orien-

        S. 4695                             5
     1  tation and mobility", and/or "licensed vision impairment specialist with
     2  a specialization in vision rehabilitation therapy".
     3    3.  Nothing in this article shall be construed as prohibiting a person
     4  from performing the duties of a licensed vision  impairment  specialist,
     5  in the course of such employment, if such person is employed by a feder-
     6  al,  state,  county,  town,  city  or  village agency or other political
     7  subdivision except that this exception from licensure shall not apply to
     8  persons employed by institutions regulated primarily  by  the  education
     9  department.
    10    4.  This  article shall not be construed to prohibit care delivered by
    11  any family member, household member or friend, or person employed prima-
    12  rily in a domestic capacity who does not hold himself or herself out, or
    13  accept employment, as a person licensed to practice as a vision  impair-
    14  ment specialist under the provisions of this article; provided, however,
    15  that  if such person is remunerated, the person does not hold himself or
    16  herself out as one who accepts employment for performing such care.
    17    5. The instruction in the use of a dog guide.
    18    6. Nothing in  this  article  shall  be  construed  as  prohibiting  a
    19  licensed  teacher  of  the  visually impaired from performing any of the
    20  duties, tasks or responsibilities within that scope of practice.
    21    7. The instruction in the use of Braille.
    22    § 8908. Special provisions. An individual who meets  the  requirements
    23  for a license as a licensed vision impairment specialist with a special-
    24  ization in orientation and mobility and/or vision rehabilitation, except
    25  for  examination,  experience  and  education,  and  who is certified or
    26  registered by a national certifying body having certification or  regis-
    27  tration  standards  acceptable to the commissioner, or an individual who
    28  has worked as a vision impairment specialist focused on vision rehabili-
    29  tation therapy and/or orientation and mobility in  a  workplace  setting
    30  which  is  primarily devoted to the treatment of individuals with vision
    31  loss and blindness for at least three years, may  be  licensed,  without
    32  meeting additional requirements as to examination, experience and educa-
    33  tion,  provided  that  such  individual  submits  an  application to the
    34  department within three years of the effective date of this section.
    35    § 8909. Separability. If any section of this article, or part thereof,
    36  shall be adjudged by any court of competent jurisdiction to be  invalid,
    37  such  judgment  shall  not affect, impair or invalidate the remainder of
    38  any other section or part thereof.
    39    § 2. Subparagraph (i) of paragraph  a  of  subdivision  1  of  section
    40  6503-a  of  the  education law, as amended by chapter 554 of the laws of
    41  2013, is amended to read as follows:
    42    (i) services  provided  under  article  one  hundred  fifty-four,  one
    43  hundred sixty-three [or], one hundred sixty-seven or article one hundred
    44  sixty-nine of this title for which licensure would be required, or
    45    §  3.  Paragraph  a  of subdivision 3 of section 6507 of the education
    46  law, as amended by chapter 554 of the laws of 2013, is amended  to  read
    47  as follows:
    48    a. Establish standards for preprofessional and professional education,
    49  experience and licensing examinations as required to implement the arti-
    50  cle for each profession. Notwithstanding any other provision of law, the
    51  commissioner shall establish standards requiring that all persons apply-
    52  ing,  on or after January first, nineteen hundred ninety-one, initially,
    53  or for the renewal of, a license, registration or limited permit to be a
    54  physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
    55  trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
    56  licensed clinical  social  worker,  licensed  creative  arts  therapist,

        S. 4695                             6
     1  licensed  marriage  and family therapist, licensed mental health counse-
     2  lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
     3  analyst,  [or]  certified  behavior analyst assistant or licensed vision
     4  impairment  specialist  shall,  in  addition to all the other licensure,
     5  certification or  permit  requirements,  have  completed  two  hours  of
     6  coursework  or  training  regarding  the identification and reporting of
     7  child abuse and  maltreatment.  The  coursework  or  training  shall  be
     8  obtained  from an institution or provider which has been approved by the
     9  department to provide such coursework or  training.  The  coursework  or
    10  training shall include information regarding the physical and behavioral
    11  indicators  of  child abuse and maltreatment and the statutory reporting
    12  requirements set out in sections  four  hundred  thirteen  through  four
    13  hundred twenty of the social services law, including but not limited to,
    14  when  and  how a report must be made, what other actions the reporter is
    15  mandated or authorized to take, the legal  protections  afforded  repor-
    16  ters,  and  the  consequences  for failing to report. Such coursework or
    17  training may also include information regarding the physical and  behav-
    18  ioral indicators of the abuse of individuals with mental retardation and
    19  other  developmental  disabilities  and voluntary reporting of abused or
    20  neglected adults to the office of mental retardation  and  developmental
    21  disabilities or the local adult protective services unit. Each applicant
    22  shall  provide  the department with documentation showing that he or she
    23  has completed the required training. The  department  shall  provide  an
    24  exemption from the child abuse and maltreatment training requirements to
    25  any  applicant  who  requests  such  an  exemption and who shows, to the
    26  department's satisfaction, that there would be no need  because  of  the
    27  nature of his or her practice for him or her to complete such training;
    28    §  4.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
    29  services law, as amended by section 7 of part C of  chapter  57  of  the
    30  laws of 2018, is amended to read as follows:
    31    (a)  The  following  persons  and  officials are required to report or
    32  cause a report to be made in accordance with this title when  they  have
    33  reasonable  cause  to  suspect  that a child coming before them in their
    34  professional or official capacity is an abused or maltreated  child,  or
    35  when  they have reasonable cause to suspect that a child is an abused or
    36  maltreated child where the parent, guardian, custodian or  other  person
    37  legally  responsible  for  such child comes before them in their profes-
    38  sional or official capacity and states from  personal  knowledge  facts,
    39  conditions or circumstances which, if correct, would render the child an
    40  abused  or maltreated child: any physician; registered physician assist-
    41  ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
    42  osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
    43  psychologist; registered nurse; social worker; emergency medical techni-
    44  cian; licensed creative arts therapist;  licensed  marriage  and  family
    45  therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
    46  licensed  behavior  analyst;  certified  behavior   analyst   assistant;
    47  licensed vision impairment specialist; hospital personnel engaged in the
    48  admission,  examination,  care  or  treatment  of  persons;  a Christian
    49  Science practitioner; school official, which includes but is not limited
    50  to school  teacher,  school  guidance  counselor,  school  psychologist,
    51  school social worker, school nurse, school administrator or other school
    52  personnel  required  to  hold  a  teaching  or administrative license or
    53  certificate; full or part-time compensated school employee  required  to
    54  hold  a temporary coaching license or professional coaching certificate;
    55  social services worker; employee of a publicly-funded emergency  shelter
    56  for  families  with  children;  director of a children's overnight camp,

        S. 4695                             7
     1  summer day camp or traveling summer day camp, as such camps are  defined
     2  in  section  thirteen  hundred  ninety-two of the public health law; day
     3  care center worker; school-age child care worker; provider of family  or
     4  group  family  day  care;  employee  or  volunteer in a residential care
     5  facility for children that is licensed, certified  or  operated  by  the
     6  office  of  children  and  family  services;  or any other child care or
     7  foster care worker; mental health professional; substance abuse  counse-
     8  lor;  alcoholism  counselor;  all  persons credentialed by the office of
     9  alcoholism and substance abuse services; employees, who are expected  to
    10  have  regular and substantial contact with children, of a health home or
    11  health home care management agency contracting with  a  health  home  as
    12  designated  by  the  department  of  health and authorized under section
    13  three hundred sixty-five-l of this chapter or such employees who provide
    14  home and community based services under a demonstration program pursuant
    15  to section eleven hundred fifteen of the federal social security act who
    16  are expected to have regular  and  substantial  contact  with  children;
    17  peace  officer;  police officer; district attorney or assistant district
    18  attorney; investigator employed in the office of a district attorney; or
    19  other law enforcement official.
    20    § 5. Section 6505-b of the education law, as amended by chapter 10  of
    21  the laws of 2018, is amended to read as follows:
    22    § 6505-b. Course  work  or  training  in  infection control practices.
    23  Every  dentist,  registered  nurse,  licensed  practical  nurse,  vision
    24  impairment  specialist,  podiatrist,  optometrist  and  dental hygienist
    25  practicing in the state shall, on or before July first, nineteen hundred
    26  ninety-four and every four years thereafter,  complete  course  work  or
    27  training  appropriate  to  the  professional's  practice approved by the
    28  department regarding infection control, which shall include sepsis,  and
    29  barrier  precautions,  including engineering and work practice controls,
    30  in accordance with regulatory standards promulgated by  the  department,
    31  in  consultation  with the department of health, which shall be consist-
    32  ent, as far as appropriate, with such standards adopted by  the  depart-
    33  ment of health pursuant to section two hundred thirty-nine of the public
    34  health  law  to prevent the transmission of HIV, HBV, HCV and infections
    35  that could lead to sepsis in the course of professional  practice.  Each
    36  such professional shall document to the department at the time of regis-
    37  tration  commencing  with the first registration after July first, nine-
    38  teen hundred ninety-four that the professional has completed course work
    39  or training in accordance with this section, provided,  however  that  a
    40  professional  subject  to the provisions of paragraph (f) of subdivision
    41  one of section twenty-eight hundred five-k  of  the  public  health  law
    42  shall  not  be  required to so document. The department shall provide an
    43  exemption from this requirement to anyone who requests such an exemption
    44  and who (i) clearly demonstrates to the department's  satisfaction  that
    45  there  would  be  no need for him or her to complete such course work or
    46  training because of the nature of his or her practice or (ii) that he or
    47  she has completed course work or training deemed by the department to be
    48  equivalent to the course work or training  approved  by  the  department
    49  pursuant  to  this  section. The department shall consult with organiza-
    50  tions representative of professions, institutions and those with  exper-
    51  tise  in  infection  control and HIV, HBV, HCV and infections that could
    52  lead to sepsis with respect  to  the  regulatory  standards  promulgated
    53  pursuant to this section.
    54    §  6. Subdivision (a) of section 1203 of the limited liability company
    55  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    56  as follows:

        S. 4695                             8
     1    (a)  Notwithstanding  the education law or any other provision of law,
     2  one or more professionals each of whom is authorized by law to render  a
     3  professional  service within the state, or one or more professionals, at
     4  least one of whom is authorized by law to render a professional  service
     5  within  the  state,  may  form,  or  cause  to be formed, a professional
     6  service limited liability company for pecuniary profit under this  arti-
     7  cle for the purpose of rendering the professional service or services as
     8  such professionals are authorized to practice. With respect to a profes-
     9  sional  service  limited  liability  company  formed  to provide medical
    10  services as such services are defined in article 131  of  the  education
    11  law,  each  member  of  such  limited liability company must be licensed
    12  pursuant to article 131 of the education law  to  practice  medicine  in
    13  this  state.  With  respect  to a professional service limited liability
    14  company formed to provide dental services as such services  are  defined
    15  in article 133 of the education law, each member of such limited liabil-
    16  ity  company  must  be licensed pursuant to article 133 of the education
    17  law to practice dentistry in this state. With respect to a  professional
    18  service  limited liability company formed to provide veterinary services
    19  as such services are defined in article 135 of the education  law,  each
    20  member  of  such  limited liability company must be licensed pursuant to
    21  article 135 of the education law to practice veterinary medicine in this
    22  state. With respect to a professional service limited liability  company
    23  formed  to  provide  professional engineering, land surveying, architec-
    24  tural,  landscape  architectural  and/or  geological  services  as  such
    25  services  are defined in article 145, article 147 and article 148 of the
    26  education law, each member of such limited  liability  company  must  be
    27  licensed  pursuant to article 145, article 147 and/or article 148 of the
    28  education law to practice one or more of such professions in this state.
    29  With respect to a professional service limited liability company  formed
    30  to  provide  licensed clinical social work services as such services are
    31  defined in article 154 of the education law, each member of such limited
    32  liability company shall be licensed  pursuant  to  article  154  of  the
    33  education  law  to practice licensed clinical social work in this state.
    34  With respect to a professional service limited liability company  formed
    35  to  provide  creative arts therapy services as such services are defined
    36  in article 163 of the education law, each member of such limited liabil-
    37  ity company must be licensed pursuant to article 163  of  the  education
    38  law  to  practice creative arts therapy in this state. With respect to a
    39  professional  service  limited  liability  company  formed  to   provide
    40  marriage  and  family  therapy  services as such services are defined in
    41  article 163 of the education law, each member of such limited  liability
    42  company must be licensed pursuant to article 163 of the education law to
    43  practice  marriage  and  family therapy in this state. With respect to a
    44  professional service limited liability company formed to provide  mental
    45  health  counseling  services as such services are defined in article 163
    46  of the education law, each member of such limited liability company must
    47  be licensed pursuant to article 163 of the  education  law  to  practice
    48  mental  health  counseling in this state. With respect to a professional
    49  service limited  liability  company  formed  to  provide  psychoanalysis
    50  services  as  such  services are defined in article 163 of the education
    51  law, each member of such limited  liability  company  must  be  licensed
    52  pursuant  to article 163 of the education law to practice psychoanalysis
    53  in this state.  With respect to a professional service limited liability
    54  company formed to provide applied behavior  analysis  services  as  such
    55  services are defined in article 167 of the education law, each member of
    56  such limited liability company must be licensed or certified pursuant to

        S. 4695                             9
     1  article  167  of the education law to practice applied behavior analysis
     2  in this state.  With respect to a professional service limited liability
     3  company formed to provide vision impairment specialist services as  such
     4  services are defined in article 169 of the education law, each member of
     5  such  limited liability company must be licensed pursuant to article 169
     6  of the education law to practice as a vision  impairment  specialist  in
     7  this state. In addition to engaging in such profession or professions, a
     8  professional  service  limited liability company may engage in any other
     9  business or activities as to which a limited liability  company  may  be
    10  formed  under  section two hundred one of this chapter.  Notwithstanding
    11  any other provision of this  section,  a  professional  service  limited
    12  liability  company  (i)  authorized  to  practice law may only engage in
    13  another profession or business or activities or (ii) which is engaged in
    14  a profession or other business or activities other  than  law  may  only
    15  engage in the practice of law, to the extent not prohibited by any other
    16  law of this state or any rule adopted by the appropriate appellate divi-
    17  sion of the supreme court or the court of appeals.
    18    §  7. Subdivision (b) of section 1207 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    (b)  With  respect to a professional service limited liability company
    22  formed to provide medical services as such services are defined in arti-
    23  cle 131 of the education law, each  member  of  such  limited  liability
    24  company must be licensed pursuant to article 131 of the education law to
    25  practice  medicine in this state. With respect to a professional service
    26  limited liability company formed to  provide  dental  services  as  such
    27  services are defined in article 133 of the education law, each member of
    28  such  limited liability company must be licensed pursuant to article 133
    29  of the education law to practice dentistry in this state.  With  respect
    30  to  a  professional  service limited liability company formed to provide
    31  veterinary services as such services are defined in article 135  of  the
    32  education  law,  each  member  of such limited liability company must be
    33  licensed pursuant to article 135 of the education law to practice veter-
    34  inary medicine in this state. With respect  to  a  professional  service
    35  limited  liability  company  formed to provide professional engineering,
    36  land surveying, architectural, landscape architectural and/or geological
    37  services as such services are defined in article 145,  article  147  and
    38  article  148 of the education law, each member of such limited liability
    39  company must be licensed pursuant to article  145,  article  147  and/or
    40  article  148  of  the  education  law  to  practice  one or more of such
    41  professions in this state. With respect to a professional service limit-
    42  ed liability company formed to provide  licensed  clinical  social  work
    43  services  as  such  services are defined in article 154 of the education
    44  law, each member of such limited liability  company  shall  be  licensed
    45  pursuant  to article 154 of the education law to practice licensed clin-
    46  ical social work in this state. With respect to a  professional  service
    47  limited  liability  company  formed  to  provide  creative  arts therapy
    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  creative  arts
    51  therapy  in  this  state. With respect to a professional service limited
    52  liability company formed to provide marriage and family therapy services
    53  as such services are defined in article 163 of the education  law,  each
    54  member  of  such  limited liability company must be licensed pursuant to
    55  article 163 of the education law to practice marriage and family therapy
    56  in this state. With respect to a professional service limited  liability

        S. 4695                            10
     1  company  formed  to  provide  mental  health counseling services as such
     2  services are defined in article 163 of the education law, each member of
     3  such limited liability company must be licensed pursuant to article  163
     4  of the education law to practice mental health counseling in this state.
     5  With  respect to a professional service limited liability company formed
     6  to provide psychoanalysis services as such services are defined in arti-
     7  cle 163 of the education law, each  member  of  such  limited  liability
     8  company must be licensed pursuant to article 163 of the education law to
     9  practice  psychoanalysis  in  this state. With respect to a professional
    10  service limited liability company formed  to  provide  applied  behavior
    11  analysis  services  as  such  services are defined in article 167 of the
    12  education law, each member of such limited  liability  company  must  be
    13  licensed  or  certified  pursuant to article 167 of the education law to
    14  practice applied behavior analysis in this state.   With  respect  to  a
    15  professional  service limited liability company formed to provide vision
    16  impairment specialist services as such services are defined  in  article
    17  169  of the education law, each member of such limited liability company
    18  must be licensed pursuant to article 169 of the education law  to  prac-
    19  tice as a vision impairment specialist in this state.
    20    §  8. Subdivision (a) of section 1301 of the limited liability company
    21  law, as amended by chapter 475 of the laws of 2014, is amended  to  read
    22  as follows:
    23    (a)  "Foreign  professional service limited liability company" means a
    24  professional service limited liability company, whether or  not  denomi-
    25  nated  as  such,  organized  under the laws of a jurisdiction other than
    26  this state, (i) each of whose members and managers, if any, is a profes-
    27  sional authorized by law to render a professional  service  within  this
    28  state  and who is or has been engaged in the practice of such profession
    29  in such professional service limited liability company or a  predecessor
    30  entity, or will engage in the practice of such profession in the profes-
    31  sional  service limited liability company within thirty days of the date
    32  such professional becomes a member, or each of whose members and  manag-
    33  ers,  if  any, is a professional at least one of such members is author-
    34  ized by law to render a professional service within this state  and  who
    35  is  or  has  been  engaged  in  the  practice of such profession in such
    36  professional service limited liability company or a predecessor  entity,
    37  or  will  engage  in the practice of such profession in the professional
    38  service limited liability company within thirty days of  the  date  such
    39  professional  becomes  a  member,  or  (ii)  authorized by, or holding a
    40  license, certificate, registration or permit  issued  by  the  licensing
    41  authority  pursuant  to,  the  education  law  to  render a professional
    42  service within this state; except that all members and managers, if any,
    43  of  a  foreign  professional  service  limited  liability  company  that
    44  provides  health services in this state shall be licensed in this state.
    45  With respect to a foreign professional service limited liability company
    46  which provides veterinary services as such services are defined in arti-
    47  cle 135 of the education law, each member of such  foreign  professional
    48  service  limited liability company shall be licensed pursuant to article
    49  135 of the education law to practice veterinary medicine.  With  respect
    50  to  a  foreign  professional  service  limited  liability  company which
    51  provides medical services as such services are defined in article 131 of
    52  the education law, each member  of  such  foreign  professional  service
    53  limited  liability  company  must be licensed pursuant to article 131 of
    54  the education law to practice medicine in this state.  With respect to a
    55  foreign professional service limited liability  company  which  provides
    56  dental  services  as  such  services  are  defined in article 133 of the

        S. 4695                            11
     1  education law, each member of such foreign professional service  limited
     2  liability company must be licensed pursuant to article 133 of the educa-
     3  tion  law to practice dentistry in this state. With respect to a foreign
     4  professional  service  limited  liability company which provides profes-
     5  sional engineering, land surveying, geologic, architectural and/or land-
     6  scape architectural services as such services  are  defined  in  article
     7  145,  article  147  and article 148 of the education law, each member of
     8  such foreign professional service  limited  liability  company  must  be
     9  licensed  pursuant to article 145, article 147 and/or article 148 of the
    10  education law to practice one or more of such professions in this state.
    11  With respect to a foreign professional service limited liability company
    12  which provides licensed clinical social work services as  such  services
    13  are  defined  in  article  154 of the education law, each member of such
    14  foreign professional service limited liability company shall be licensed
    15  pursuant to article 154 of the education law to practice clinical social
    16  work in this state. With  respect  to  a  foreign  professional  service
    17  limited  liability company which provides creative arts therapy services
    18  as such services are defined in article 163 of the education  law,  each
    19  member  of  such  foreign professional service limited liability company
    20  must be licensed pursuant to article 163 of the education law  to  prac-
    21  tice  creative  arts  therapy  in  this state. With respect to a foreign
    22  professional service limited liability company which  provides  marriage
    23  and  family therapy services as such services are defined in article 163
    24  of the education law, each member of such foreign  professional  service
    25  limited  liability  company  must be licensed pursuant to article 163 of
    26  the education law to practice marriage and family therapy in this state.
    27  With respect to a foreign professional service limited liability company
    28  which provides mental health counseling services as  such  services  are
    29  defined in article 163 of the education law, each member of such foreign
    30  professional service limited liability company must be licensed pursuant
    31  to article 163 of the education law to practice mental health counseling
    32  in  this  state.  With respect to a foreign professional service limited
    33  liability  company  which  provides  psychoanalysis  services  as   such
    34  services are defined in article 163 of the education law, each member of
    35  such  foreign  professional  service  limited  liability company must be
    36  licensed pursuant to article  163  of  the  education  law  to  practice
    37  psychoanalysis  in  this  state.  With respect to a foreign professional
    38  service limited liability company which provides applied behavior analy-
    39  sis services as such services are defined in article 167 of  the  educa-
    40  tion  law,  each  member  of  such  foreign professional service limited
    41  liability company must be licensed or certified pursuant to article  167
    42  of  the  education  law  to  practice  applied behavior analysis in this
    43  state. With respect to a foreign professional service limited  liability
    44  company  which  provides  vision  impairment specialist services as such
    45  services are defined in article 169 of the education law, each member of
    46  such foreign professional service  limited  liability  company  must  be
    47  licensed  pursuant  to article 169 of the education law to practice as a
    48  vision impairment specialist in this state.
    49    § 9. Subdivision (q) of section 121-1500 of the  partnership  law,  as
    50  amended  by  chapter  475  of  the  laws  of 2014, is amended to read as
    51  follows:
    52    (q) Each partner of a registered limited liability partnership  formed
    53  to  provide  medical services in this state must be licensed pursuant to
    54  article 131 of the education law to practice medicine in this state  and
    55  each  partner  of  a  registered limited liability partnership formed to
    56  provide dental services in this state must be licensed pursuant to arti-

        S. 4695                            12
     1  cle 133 of the education law to practice dentistry in this state.   Each
     2  partner  of a registered limited liability partnership formed to provide
     3  veterinary services in this state must be licensed pursuant  to  article
     4  135  of the education law to practice veterinary medicine in this state.
     5  Each partner of a registered limited  liability  partnership  formed  to
     6  provide  professional  engineering, land surveying, geological services,
     7  architectural and/or landscape architectural services in this state must
     8  be licensed pursuant to article 145, article 147 and/or article  148  of
     9  the  education  law  to practice one or more of such professions in this
    10  state. Each partner of a registered limited liability partnership formed
    11  to provide licensed clinical social work services in this state must  be
    12  licensed  pursuant to article 154 of the education law to practice clin-
    13  ical social work in this state. Each partner  of  a  registered  limited
    14  liability  partnership  formed to provide creative arts therapy services
    15  in this state must be licensed pursuant to article 163 of the  education
    16  law  to  practice creative arts therapy in this state. Each partner of a
    17  registered limited liability partnership formed to provide marriage  and
    18  family therapy services in this state must be licensed pursuant to arti-
    19  cle  163 of the education law to practice marriage and family therapy in
    20  this state. Each partner of a registered limited  liability  partnership
    21  formed  to  provide mental health counseling services in this state must
    22  be licensed pursuant to article 163 of the  education  law  to  practice
    23  mental  health  counseling  in  this state. Each partner of a registered
    24  limited liability partnership formed to provide psychoanalysis  services
    25  in  this state must be licensed pursuant to article 163 of the education
    26  law to practice psychoanalysis in this state. Each partner of  a  regis-
    27  tered  limited  liability partnership formed to provide applied behavior
    28  analysis service in this state must be licensed or certified pursuant to
    29  article 167 of the education law to practice applied  behavior  analysis
    30  in  this state.  Each partner of a registered limited liability partner-
    31  ship formed to provide vision impairment  specialist  services  in  this
    32  state  must  be  licensed  or  certified  pursuant to article 169 of the
    33  education law to practice as a  vision  impairment  specialist  in  this
    34  state.
    35    §  10.  Subdivision (q) of section 121-1502 of the partnership law, as
    36  amended by chapter 475 of the laws  of  2014,  is  amended  to  read  as
    37  follows:
    38    (q)  Each  partner  of  a  foreign limited liability partnership which
    39  provides medical services in this state must  be  licensed  pursuant  to
    40  article  131  of the education law to practice medicine in the state and
    41  each partner of a foreign limited liability partnership  which  provides
    42  dental services in the state must be licensed pursuant to article 133 of
    43  the education law to practice dentistry in this state. Each partner of a
    44  foreign  limited liability partnership which provides veterinary service
    45  in the state shall be licensed pursuant to article 135 of the  education
    46  law  to  practice  veterinary  medicine in this state. Each partner of a
    47  foreign limited liability partnership which provides professional  engi-
    48  neering, land surveying, geological services, architectural and/or land-
    49  scape  architectural services in this state must be licensed pursuant to
    50  article 145, article 147 and/or article 148  of  the  education  law  to
    51  practice  one  or  more  of  such professions. Each partner of a foreign
    52  limited liability partnership which provides  licensed  clinical  social
    53  work  services in this state must be licensed pursuant to article 154 of
    54  the education law to practice licensed  clinical  social  work  in  this
    55  state.  Each  partner  of  a foreign limited liability partnership which
    56  provides creative arts therapy services in this state must  be  licensed

        S. 4695                            13
     1  pursuant  to  article 163 of the education law to practice creative arts
     2  therapy in this state. Each partner of a foreign limited liability part-
     3  nership which provides marriage and  family  therapy  services  in  this
     4  state  must  be licensed pursuant to article 163 of the education law to
     5  practice marriage and family therapy in this state. Each  partner  of  a
     6  foreign limited liability partnership which provides mental health coun-
     7  seling  services  in this state must be licensed pursuant to article 163
     8  of the education law to practice mental health counseling in this state.
     9  Each partner of a foreign limited liability partnership  which  provides
    10  psychoanalysis services in this state must be licensed pursuant to arti-
    11  cle  163  of the education law to practice psychoanalysis in this state.
    12  Each partner of a foreign limited liability partnership  which  provides
    13  applied  behavior  analysis  services  in this state must be licensed or
    14  certified pursuant to article 167  of  the  education  law  to  practice
    15  applied  behavior  analysis  in  this state.   Each partner of a foreign
    16  limited liability partnership which provides vision impairment  special-
    17  ist  services  in this state must be licensed pursuant to article 169 of
    18  the education law to practice as a vision impairment specialist in  this
    19  state.
    20    §  11.  a.  Nothing  in  this  act shall be construed as prohibiting a
    21  person from performing  the  duties  of  a  licensed  vision  impairment
    22  specialist, in the course of such employment, if such person is employed
    23  by  programs  licensed,  certified, operated, or funded and regulated by
    24  the office of children and family services including the commission  for
    25  the  blind  and visually impaired, the state education department or the
    26  department of health; provided, however, that  this  section  shall  not
    27  authorize the use of any title authorized pursuant to article 169 of the
    28  education law.
    29    b.  On or before September 1, 2020, each office identified in subdivi-
    30  sion a of this section that licenses, certifies, operates or  funds  and
    31  regulates  programs  that  employ  individuals  to provide services that
    32  would otherwise be restricted  to  individuals  licensed  or  authorized
    33  under article 169 of the education law, shall submit to the commissioner
    34  of education, in such form and detail as requested by such commissioner,
    35  data  in  relation  to:  the  number  of  individuals employed in exempt
    36  programs licensed, certified, operated, or funded and regulated by  each
    37  office  identified in subdivision a of this section on September 1, 2019
    38  who are providing services that would otherwise be restricted  to  those
    39  licensed  or  authorized under article 169 of the education law; and the
    40  occupational title of individuals who on July 1, 2020 are  not  licensed
    41  or  otherwise authorized under title 8 of the education law, and who are
    42  engaged in the practice of vision impairment specialist for the  purpose
    43  of  providing  vision  impairment specialist services to persons who are
    44  blind or visually impaired.
    45    c. The commissioner of education, after receipt of this  data  and  in
    46  consultation  with  the  offices  identified  in  subdivision  a of this
    47  section, in consultation  with  not-for-profit  providers,  professional
    48  associations,  consumers  and  other  key  stakeholders, shall prepare a
    49  report that recommends changes in any laws, rules or regulations  neces-
    50  sary  to ensure appropriate licensure or other authorization of individ-
    51  uals providing services that  are  within  the  restricted  practice  of
    52  professions  licensed  or  otherwise authorized under article 169 of the
    53  education law. Such report shall  include  an  estimate  of  the  fiscal
    54  impact  of  any such recommended changes and, to the extent practicable,
    55  how such recommendations will result in improved outcomes.  The  commis-
    56  sioner of education shall submit the report to the governor, the speaker

        S. 4695                            14
     1  of  the  assembly, the temporary president of the senate, and the chairs
     2  of the senate and assembly higher education  committees  by  January  1,
     3  2021.  The  commissioners of the agencies identified in subdivision a of
     4  this  section  shall be provided an opportunity to include statements or
     5  alternative recommendations in such report.
     6    § 12. This act shall take effect eighteen months after it  shall  have
     7  become a law; provided, further, that the provisions of subdivision a of
     8  section eleven of this act shall expire July 1, 2021 when upon such date
     9  the  provisions  of  such  subdivision  shall  be deemed repealed.   The
    10  commissioner of education and the board of  regents  are  authorized  to
    11  promulgate such rules and regulations and take any other measures as may
    12  be  necessary for the timely implementation of this act on or before its
    13  effective date, including but not limited  to  the  appointment  of  the
    14  state board for vision rehabilitation services, the acceptance and proc-
    15  essing of applications for licensure, and the issuance of licenses.
feedback