Bill Text: NY S04695 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for the licensing of vision impairment specialists.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Engrossed - Dead) 2020-01-08 - 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. LBD08052-01-9S. 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 toS. 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 liabilityS. 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 theS. 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 licensedS. 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 speakerS. 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.