S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5451

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced  by  M.  of  A. LUPARDO, GOTTFRIED, TITUS, PAULIN, ROSENTHAL,
  DINOWITZ, PERRY, BENEDETTO,  JAFFEE,  COLTON,  BROOK-KRASNY,  MORELLE,
  PEOPLES-STOKES,  LAVINE,  WEPRIN,  BRONSON, ZEBROWSKI, ROBERTS, ORTIZ,
  THIELE, MOYA, BRINDISI, SCARBOROUGH, CLARK, MOSLEY, GUNTHER,  SKOUFIS,
  BUCHWALD,  FAHY,  GOLDFEDER, MAGNARELLI, RYAN -- Multi-Sponsored by --
  M. of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRAUN-
  STEIN, BRENNAN, BUTLER, CAHILL, CAMARA, CERETTO, COOK, CORWIN, CRESPO,
  CROUCH,  CURRAN,  CUSICK,  CYMBROWITZ,  DAVILA,  DUPREY,  ENGLEBRIGHT,
  FARRELL,  FINCH, FITZPATRICK, GALEF, GARBARINO, GOODELL, GRAF, HAWLEY,
  HEVESI, HOOPER, JOHNS, KEARNS, KIM, LENTOL, LIFTON, LUPINACCI,  MAGEE,
  MALLIOTAKIS,  MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN, MILL-
  ER, MONTESANO, OAKS, PALMESANO, RA, RAIA, RUSSELL, SALADINO,  SCHIMEL,
  SIMANOWITZ,  STEC,  STECK,  TENNEY,  TITONE,  WALTER  -- read once and
  referred to the Committee on Higher Education

AN ACT to amend the education law,  in  relation  to  the  licensing  of
  orientation and mobility specialists and rehabilitation therapists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 168 to
read as follows:
                               ARTICLE 168
                     VISION REHABILITATION SERVICES
SECTION 8900. INTRODUCTION.
        8901. DEFINITIONS.
        8902. USE OF  THE  TITLES  "LICENSED  ORIENTATION  AND  MOBILITY
                SPECIALISTS" AND "VISION REHABILITATION THERAPISTS".
        8903. STATE BOARD FOR VISION REHABILITATION SERVICES.
        8904. REQUIREMENTS FOR A LICENSE.
        8905. LIMITED PERMITS.
        8906. EXEMPT PERSONS.
        8907. SPECIAL PROVISIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07767-01-5
              

A. 5451                             2

        8908. SEPARABILITY.
  S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
REHABILITATION  SERVICES,  AND  PROVIDES  FOR  THE LICENSING OF LICENSED
ORIENTATION AND MOBILITY SPECIALISTS AND  VISION  REHABILITATION  THERA-
PISTS.  THE  GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
  S 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. THE PRACTICE OF "ORIENTATION AND  MOBILITY  TRAINING"  SHALL  MEAN:
(A)  THE  ASSESSMENT  OF  INDIVIDUAL  NEEDS  OF PERSONS WHO ARE VISUALLY
IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN  STRATE-
GIES  TO  GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE  PLANS  TAILORED  TO  MEET
SUCH  INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR  PERSONS  WHO  ARE
VISUALLY  IMPAIRED,  INCLUDING  BUT  NOT LIMITED TO ORIENTATION; SENSORY
DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG  CANE  TECHNIQUES;
RESOURCE  IDENTIFICATION  AND,  AS  APPROPRIATE, PROFESSIONAL REFERRALS;
AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D)  THE
EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
  2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
ASSESSMENT  OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS  TAILORED  TO  MEET  SUCH
INDIVIDUAL  NEEDS  AS  IDENTIFIED  IN  SUCH  ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, INCLUDING, IN APPLIED SETTINGS,  REINFORCING  INSTRUCTION  FOR
THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
ALLY  IMPAIRED,  INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT  SKILLS;
HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION OF
PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
  3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
ING ASSESSMENT AND EVALUATION OF, AND  TRAINING  FOR,  PERSONS  WHO  ARE
VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
PROFESSIONS  DEFINED  IN  THIS  SECTION AS: (A) ORIENTATION AND MOBILITY
TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES  SHALL  BE
RENDERED  ON  THE  PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER  THAT
NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
WHEN  THE  PERSON  BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND  OR  LEGALLY  BLIND  AS  THOSE
TERMS  ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
ARE BEING RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS,  PRESCRIPTION  OR
REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
  4.  "APPLIED  SETTINGS"  MEANS  THOSE  LOCATIONS WHERE PERSONS WHO ARE
VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES  UTILIZING  THE  TOOLS

A. 5451                             3

SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
THIS ARTICLE.
  5.  "VISUALLY  IMPAIRED"  MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS BLIND  IS  ONE  WHO  HAS  NO
USEABLE  VISION.  A PERSON WHO IS LEGALLY BLIND IS ONE WHO SATISFIES THE
DEFINITION SET FORTH IN SUBDIVISION B OF SECTION THREE OF  CHAPTER  FOUR
HUNDRED  FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON WHO
IS PARTIALLY SIGHTED IS ONE WHO HAS FUNCTIONAL  VISION  IMPAIRMENT  THAT
CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
DISEASE,  TRAUMA,  OR CONGENITAL CONDITION, THAT CANNOT BE FULLY AMELIO-
RATED BY STANDARD REFRACTIVE CORRECTION,  MEDICATION,  OR  SURGERY,  AND
THAT  IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT VISUAL
RESOLUTION, INADEQUATE FIELD OF VISION OR REDUCED PEAK  CONTRAST  SENSI-
TIVITY.
  S  8902. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
ISTS" AND "VISION REHABILITATION THERAPISTS".   1.  PRACTICE  OF  ORIEN-
TATION  AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR  OTHERWISE  AUTHOR-
IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
OR  USE  THE  TITLE  "LICENSED  ORIENTATION AND MOBILITY SPECIALISTS" IN
CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
HIS OR HER PROFESSION.
  2. PRACTICE OF VISION REHABILITATION THERAPY  AND  USE  OF  THE  TITLE
"VISION  REHABILITATION  THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
APY OR USE THE TITLE "VISION  REHABILITATION  THERAPIST"  IN  CONNECTION
WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
PROFESSION.
  S  8903. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY  THE  BOARD  OF
REGENTS  UPON  THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  PROFES-
SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST  OF  NOT
LESS  THAN  FOURTEEN  INDIVIDUALS, FOUR OF WHOM SHALL BE LICENSED ORIEN-
TATION AND MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE  LICENSED  VISION
REHABILITATION  THERAPISTS,  ONE  OPHTHALMOLOGIST  SPECIALIZING  IN  LOW
VISION TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW  VISION  TREATMENT
AND  FOUR  OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE
WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE  BOARD  FROM  ORGANIZA-
TIONS  OF  THE BLIND OR VISUALLY IMPAIRED.  MEMBERS OF THE INITIAL BOARD
NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO  THE  BOARD.  OF  THE
MEMBERS  FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR TERM,
FIVE SHALL BE APPOINTED  FOR  A  FOUR  YEAR  TERM,  AND  FIVE  SHALL  BE
APPOINTED  FOR  A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR
FIVE YEAR TERMS. IN THE  EVENT  THAT  MORE  THAN  FOURTEEN  MEMBERS  ARE
APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
TO  SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED
BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.
  S 8904. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
ORIENTATION AND MOBILITY SPECIALIST,  AN  APPLICANT  SHALL  FULFILL  THE
FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;

A. 5451                             4

  (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
APPROVED ORIENTATION AND  MOBILITY  CURRICULUM  IN  A  BACCALAUREATE  OR
MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
WHICH  IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II)  HAVE  A  MINIMUM  OF  THREE MONTHS OF SUPERVISED ORIENTATION AND
MOBILITY EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE  SATISFAC-
TORY  TO  THE  STATE  BOARD  FOR  VISION  REHABILITATION SERVICES AND IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C) PASS AN EXAMINATION SATISFACTORY TO THE  STATE  BOARD  FOR  VISION
REHABILITATION  SERVICES  IN  ACCORDANCE  WITH  THE COMMISSIONER'S REGU-
LATIONS.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F) REGISTRATION: ALL LICENSED ORIENTATION  AND  MOBILITY  SPECIALISTS
SHALL  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATION;
  (G) MANDATORY CONTINUING COMPETENCY:  (I)(A) EACH LICENSED ORIENTATION
AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
ALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH  THE
PROVISIONS   OF   THE   MANDATORY   CONTINUING  COMPETENCY  REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES (B) AND (C)  OF  THIS  SUBPARAGRAPH.  ORIENTATION  AND  MOBILITY
SPECIALISTS  WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY
REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE  UNTIL  THEY  HAVE  MET
SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
EXCEPT  THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B) ORIENTATION AND MOBILITY SPECIALISTS  SHALL  BE  EXEMPT  FROM  THE
MANDATORY  CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGISTRA-
TION PERIOD DURING WHICH THEY ARE FIRST LICENSED.    ADJUSTMENT  TO  THE
MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED BY THE
DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED  BY  AN
APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED ORIENTATION AND  MOBILITY  SPECIALIST  NOT  ENGAGED  IN
PRACTICE,  AS  DETERMINED  BY  THE  DEPARTMENT, SHALL BE EXEMPT FROM THE
MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A  STATE-
MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
TO  PRACTICE  OF  THE  PROFESSION OF ORIENTATION AND MOBILITY SPECIALIST
DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
UING  COMPETENCY  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF
THE COMMISSIONER.
  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
MUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE  LEARNING  ACTIVITIES  WHICH
CONTRIBUTE  TO  CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV)
OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE
IN RECOGNIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL  SCOPE  OF  A
LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
ITY  SPECIALIST  WHOSE  FIRST  REGISTRATION DATE FOLLOWING THE EFFECTIVE
DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS  FROM  SUCH  EFFECTIVE

A. 5451                             5

DATE,  BUT  ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, SHALL
COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE  OF
ONE-HALF  HOUR  PER  MONTH  FOR  THE PERIOD BEGINNING JANUARY FIRST, TWO
THOUSAND SIXTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
SEE  WHO  HAS NOT SATISFIED THE MANDATORY CONTINUING COMPETENCY REQUIRE-
MENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION  CERTIFICATE  BY  THE
DEPARTMENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGIS-
TRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH  (III)  OF
THIS  PARAGRAPH.  CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
PROFESSIONAL PRACTICE OF AN  ORIENTATION  AND  MOBILITY  SPECIALIST  AND
WHICH  MEET  THE  STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMIS-
SIONER. SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
COLLEGIATE  LEVEL  CREDIT AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES,
INDEPENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN  PROFES-
SIONAL   JOURNALS,   PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL
SESSIONS; SUCH LEARNING ACTIVITIES  MAY  BE  OFFERED  AND  SPONSORED  BY
NATIONAL,  STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZA-
TIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY  OTHER  ORGANIZED
EDUCATIONAL  AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPART-
MENT. RECOGNIZED AREAS OF STUDY SHALL INCLUDE BUT  NOT  BE  LIMITED  TO:
KNOWLEDGE  AND  SKILLS  TRAINING  IN  ORIENTATION, MOBILITY, NAVIGATION,
INDEPENDENT LIVING, COMMUNICATIONS AND USE OF PRESCRIBED  AND,  ADAPTIVE
OPTICAL  DEVICES;  UTILIZATION  OF  SPECIALIZED TECHNIQUES AND EQUIPMENT
INTENDED FOR USE BY PERSONS  WHO  ARE  VISUALLY  IMPAIRED;  THE  MEDICAL
ASPECTS  OF  VISION  LOSS  AND  ITS FUNCTIONAL IMPACT ON PERSONS WHO ARE
VISUALLY IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS  APPRO-
PRIATELY  RELATED  TO  THE PRACTICE OF VISION REHABILITATION SERVICES AS
MAY BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE  COMMISSION-
ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
CONTRIBUTE  TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE THE
COMPLETION OF CONTINUING  COMPETENCY  LEARNING  ACTIVITIES  IN  SPECIFIC
SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  (V) ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL  MAINTAIN  ADEQUATE
DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING
ACTIVITIES  AND  SHALL  PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE
DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON  THE  REQUEST  OF
THE  DEPARTMENT  SHALL  BE  AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.

A. 5451                             6

  (VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE  FIFTY  DOLLARS,
SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  2. TO QUALIFY FOR A LICENSE AS A VISION  REHABILITATION  THERAPIST  AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
APPROVED VISION REHABILITATION THERAPIST CURRICULUM IN  A  BACCALAUREATE
OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II) HAVE A MINIMUM OF THREE MONTHS  OF  SUPERVISED  VISION  REHABILI-
TATION  THERAPIST  EXPERIENCE  WHICH SUPERVISION AND EXPERIENCE SHALL BE
SATISFACTORY TO THE STATE BOARD FOR VISION REHABILITATION  SERVICES  AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C)  PASS  AN  EXAMINATION  SATISFACTORY TO THE STATE BOARD FOR VISION
REHABILITATION SERVICES IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
LATIONS.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F)  REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE  COMMIS-
SIONER'S REGULATIONS;
  (G)  MANDATORY  CONTINUING  COMPETENCY:   (I) (A) EACH LICENSED VISION
REHABILITATION THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER  TRIEN-
NIALLY  WITH  THE  DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH
THE PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES (B) AND (C) OF THIS PARAGRAPH.  VISION REHABILITATION THERAPISTS
WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS
SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THEY HAVE  MET  SUCH  REQUIRE-
MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
A  VISION  REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH
REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION  PURSUANT
TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
RY  CONTINUING  COMPETENCY  REQUIREMENT  FOR  THE TRIENNIAL REGISTRATION
PERIOD DURING WHICH THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE MANDATO-
RY CONTINUING COMPETENCY REQUIREMENTS MAY BE GRANTED BY  THE  DEPARTMENT
FOR  REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN APPROPRIATE
HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.
  (C)  A  LICENSED  VISION REHABILITATION THERAPIST NOT ENGAGED IN PRAC-
TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO  PRAC-
TICE  OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL REGISTRATION
PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO  REENTERING  THE  PROFESSION
AND  SHALL  MEET  SUCH  MANDATORY  CONTINUING COMPETENCY REQUIREMENTS AS
SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.

A. 5451                             7

  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
TWENTY-FOUR HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE  TO
CONTINUING  COMPETENCE,  AS SPECIFIED IN SUBPARAGRAPH (IV) OF THIS PARA-
GRAPH,  PROVIDED  FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE IN RECOG-
NIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF  A  LICENSED
VISION  REHABILITATION  THERAPIST.  ANY  VISION REHABILITATION THERAPIST
WHOSE FIRST REGISTRATION DATE  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, SHALL COMPLETE CONTINUING
COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF  HOUR  PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN UP TO
THE  FIRST  REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATIS-
FIED THE MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  SHALL  NOT  BE
ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS
ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  CONTIN-
UING  COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.
  (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
PROFESSIONAL PRACTICE OF A VISION  REHABILITATION  THERAPIST  AND  WHICH
MEET  THE  STANDARDS  PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER.
SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLEGI-
ATE  LEVEL  CREDIT  AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDE-
PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE  AND
LOCAL  PROFESSIONAL  ASSOCIATIONS  AND  OTHER  ORGANIZATIONS  OR PARTIES
ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND
TECHNICAL  LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.  RECOGNIZED
AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
ORIENTATION, USE OF PRESCRIBED AND, ADAPTIVE OPTICAL  DEVICES;  UTILIZA-
TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
WHO  ARE  VISUALLY  IMPAIRED; THE MEDICAL ASPECTS OF VISION LOSS AND ITS
FUNCTIONAL IMPACT ON PERSONS WHO ARE VISUALLY IMPAIRED; AND  SUCH  OTHER
TECHNICAL  SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE OF
VISION REHABILITATION SERVICES AS MAY BE SATISFACTORY TO THE  BOARD  AND
IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY,
IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND  WELFARE
OF  THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY LEARNING
ACTIVITIES IN SPECIFIC SUBJECTS TO  FULFILL  THIS  MANDATORY  CONTINUING

A. 5451                             8

COMPETENCY  REQUIREMENT.  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPON-
SOR APPROVED BY THE DEPARTMENT,  PURSUANT  TO  THE  REGULATIONS  OF  THE
COMMISSIONER.
  (V)  VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE DOCUMEN-
TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
MENT. FAILURE TO PROVIDE SUCH DOCUMENTATION  UPON  THE  REQUEST  OF  THE
DEPARTMENT  SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE  FIFTY  DOLLARS,
SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR  EACH  TRIENNIAL
REGISTRATION PERIOD.
  S  8905.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
FOLLOWS:
  1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR  AN  ORIEN-
TATION  AND  MOBILITY  SPECIALIST  OR  VISION  REHABILITATION THERAPIST,
EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
PERMIT.
  2. LIMIT OF PRACTICE. ALL PRACTICE UNDER A  LIMITED  PERMIT  SHALL  BE
UNDER  THE  DIRECT  SUPERVISION  OF  A LICENSED ORIENTATION AND MOBILITY
SPECIALIST OR A VISION REHABILITATION THERAPIST.
  3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
ISSUANCE  OR  UPON  NOTICE  TO  THE PERMITTEE BY THE DEPARTMENT THAT THE
APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
TEE OF FAILURE ON  THE  PROFESSIONAL  LICENSING  EXAMINATION,  WHICHEVER
FIRST OCCURS.
  4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
  S  8906. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT
OR PREVENT THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD  OR  DEVICE
SHALL  BE  USED  IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
SPECIALIST OR VISION REHABILITATION THERAPIST:
  1. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
  2.  THE  PERFORMANCE  OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING  BY  ANY
OTHER  DULY  LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH CARE PROVIDER,
PROVIDED THAT SUCH DUTIES, TASKS AND  RESPONSIBILITIES  ARE  WITHIN  THE
SCOPE  OF  HIS  OR  HER  PRACTICE AS DEFINED IN THIS ARTICLE PURSUANT TO
WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
ER, THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE  TITLE
"LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
ORIENTATION AND MOBILITY TRAINING.
  3.  THE  PERFORMANCE  OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
DULY LICENSED, CERTIFIED OR REGISTERED HEALTH  CARE  PROVIDER,  PROVIDED
THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
OR  HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S REGULATION
PURSUANT TO WHICH SUCH PERSON  IS  LICENSED,  CERTIFIED  OR  REGISTERED;

A. 5451                             9

PROVIDED,  HOWEVER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT
UNDER THE TITLE "LICENSED VISION REHABILITATION THERAPIST".
  4.  THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE  WITHIN
THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
ANY  PERSON  REGISTERED  TO  PERFORM  SERVICES  AS A PHYSICIAN ASSISTANT
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
  5. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
BILITATION  THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF ORIENTATION
AND MOBILITY TRAINING OR VISION  REHABILITATION  THERAPY  OF  ANY  OTHER
STATE  OR  TERRITORY  WHO  IS  SERVING IN THE ARMED FORCES OR THE PUBLIC
HEALTH SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE  OF
HIS OR HER DUTIES.
  6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
  7.  THE  PROVISION  OF  ORIENTATION  AND MOBILITY TRAINING SERVICES AS
DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-NINE HUNDRED  ONE  OF  THIS
TITLE  OR VISION REHABILITATION THERAPY AS DEFINED IN SUBDIVISION TWO OF
SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE TO THE EXTENT  PERMISSIBLE
WITHIN  THE  SCOPE  OF  PRACTICE  OF  ORIENTATION  AND MOBILITY TRAINING
SERVICES OR VISION REHABILITATION SERVICES, BY ANY NOT-FOR-PROFIT CORPO-
RATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE  STATE  OF
NEW  YORK  AND  OPERATING  UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE
HUNDRED THREE-A OF THIS TITLE,  PROVIDED  THAT  SUCH  ENTITIES  OFFERING
ORIENTATION  AND  MOBILITY  TRAINING  SERVICES  OR VISION REHABILITATION
SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN  INDIVIDUAL  APPRO-
PRIATELY  LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
  S 8907. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED  WITHOUT  EXAM-
INATION  PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
ARTICLE, SUCH PERSON:
  1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO  THE  DEPART-
MENT;
  2.  (A)  HOLDS  A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR  EQUIVALENT
AS  DETERMINED  BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
BILITATION THERAPY; OR (C) HOLDS  A  BACHELOR'S  DEGREE  OR  HIGHER,  OR
EQUIVALENT  AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
IN SPECIAL EDUCATION AND (I) HAS  COMPLETED  ALL  ADDITIONALLY  REQUIRED
ELEMENTS  OF  THE  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD  AND  IN  ACCORDANCE
WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  (II)  HAS BEEN CERTIFIED IN
ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY  A
NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
  3.  SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
MENT IN THE PRACTICE OF ORIENTATION  AND  MOBILITY  TRAINING  OR  VISION
REHABILITATION  THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS, WHETHER SUCH  EXPERIENCE  OR  EMPLOYMENT
OCCURS WITHIN OR WITHOUT THIS STATE.
  S 8908. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
ANY OTHER SECTION OR PART THEREOF.
  S  2.  This  act  shall take effect July 1, 2016.  The commissioner of
education and the board of regents are  authorized  to  promulgate  such
rules  and  regulations  and take any other measures as may be necessary

A. 5451                            10

for the timely implementation of this act on  or  before  its  effective
date,  including  but  not limited to the appointment of the state board
for vision rehabilitation services, the  acceptance  and  processing  of
applications for licensure, and the issuance of licenses.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5451--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced  by  M.  of  A. LUPARDO, GOTTFRIED, TITUS, PAULIN, ROSENTHAL,
  DINOWITZ, PERRY, BENEDETTO,  JAFFEE,  COLTON,  BROOK-KRASNY,  MORELLE,
  PEOPLES-STOKES,  LAVINE,  WEPRIN,  BRONSON, ZEBROWSKI, ROBERTS, ORTIZ,
  THIELE, MOYA, BRINDISI, SCARBOROUGH, CLARK, MOSLEY, GUNTHER,  SKOUFIS,
  BUCHWALD,  FAHY,  GOLDFEDER, MAGNARELLI, RYAN -- Multi-Sponsored by --
  M. of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRAUN-
  STEIN, BRENNAN, BUTLER, CAHILL, CERETTO, COOK, CORWIN, CRESPO, CROUCH,
  CURRAN, CUSICK,  CYMBROWITZ,  DAVILA,  DUPREY,  ENGLEBRIGHT,  FARRELL,
  FINCH,  FITZPATRICK,  GALEF, GARBARINO, GOODELL, GRAF, HAWLEY, HEVESI,
  HOOPER, JOHNS, KEARNS, KIM, LENTOL, LIFTON, LUPINACCI, MAGEE,  MALLIO-
  TAKIS,  MARKEY,  McDONALD,  McDONOUGH,  McKEVITT,  McLAUGHLIN, MILLER,
  MONTESANO, OAKS, PALMESANO,  RA,  RAIA,  RUSSELL,  SALADINO,  SCHIMEL,
  SIMANOWITZ,  STEC,  STECK,  TENNEY,  TITONE,  WALTER  -- read once and
  referred to the Committee on Higher Education -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the  education  law, in relation to the licensing of
  orientation and mobility specialists and rehabilitation therapists

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 168 to
read as follows:
                               ARTICLE 168
                     VISION REHABILITATION SERVICES
SECTION 8900. INTRODUCTION.
        8901. DEFINITIONS.
        8902. USE  OF  THE  TITLES  "LICENSED  ORIENTATION  AND MOBILITY
                SPECIALISTS" AND "VISION REHABILITATION THERAPISTS".
        8903. STATE BOARD FOR VISION REHABILITATION SERVICES.
        8904. REQUIREMENTS FOR A LICENSE.
        8905. LIMITED PERMITS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07767-02-5
              

A. 5451--A                          2

        8906. EXEMPT PERSONS.
        8907. SPECIAL PROVISIONS.
        8908. SEPARABILITY.
  S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
REHABILITATION  SERVICES,  AND  PROVIDES  FOR  THE LICENSING OF LICENSED
ORIENTATION AND MOBILITY SPECIALISTS AND  VISION  REHABILITATION  THERA-
PISTS.  THE  GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
  S 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. THE PRACTICE OF "ORIENTATION AND  MOBILITY  TRAINING"  SHALL  MEAN:
(A)  THE  ASSESSMENT  OF  INDIVIDUAL  NEEDS  OF PERSONS WHO ARE VISUALLY
IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN  STRATE-
GIES  TO  GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE  PLANS  TAILORED  TO  MEET
SUCH  INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR  PERSONS  WHO  ARE
VISUALLY  IMPAIRED,  INCLUDING  BUT  NOT LIMITED TO ORIENTATION; SENSORY
DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG  CANE  TECHNIQUES;
RESOURCE  IDENTIFICATION  AND,  AS  APPROPRIATE, PROFESSIONAL REFERRALS;
AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D)  THE
EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
  2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
ASSESSMENT  OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS  TAILORED  TO  MEET  SUCH
INDIVIDUAL  NEEDS  AS  IDENTIFIED  IN  SUCH  ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, INCLUDING, IN APPLIED SETTINGS,  REINFORCING  INSTRUCTION  FOR
THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
ALLY  IMPAIRED,  INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT  SKILLS;
HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION OF
PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
  3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
ING ASSESSMENT AND EVALUATION OF, AND  TRAINING  FOR,  PERSONS  WHO  ARE
VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
PROFESSIONS  DEFINED  IN  THIS  SECTION AS: (A) ORIENTATION AND MOBILITY
TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES  SHALL  BE
RENDERED  ON  THE  PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER  THAT
NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
WHEN  THE  PERSON  BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND  OR  LEGALLY  BLIND  AS  THOSE
TERMS  ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
ARE BEING RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS,  PRESCRIPTION  OR
REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.

A. 5451--A                          3

  4.  "APPLIED  SETTINGS"  MEANS  THOSE  LOCATIONS WHERE PERSONS WHO ARE
VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES  UTILIZING  THE  TOOLS
SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
THIS ARTICLE.
  5.  "VISUALLY  IMPAIRED"  MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS BLIND  IS  ONE  WHO  HAS  NO
USEABLE  VISION.  A PERSON WHO IS LEGALLY BLIND IS ONE WHO SATISFIES THE
DEFINITION SET FORTH IN SUBDIVISION B OF SECTION THREE OF  CHAPTER  FOUR
HUNDRED  FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON WHO
IS PARTIALLY SIGHTED IS ONE WHO HAS FUNCTIONAL  VISION  IMPAIRMENT  THAT
CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
DISEASE,  TRAUMA,  OR CONGENITAL CONDITION, THAT CANNOT BE FULLY AMELIO-
RATED BY STANDARD REFRACTIVE CORRECTION,  MEDICATION,  OR  SURGERY,  AND
THAT  IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT VISUAL
RESOLUTION, INADEQUATE FIELD OF VISION OR REDUCED PEAK  CONTRAST  SENSI-
TIVITY.
  S  8902. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
ISTS" AND "VISION REHABILITATION THERAPISTS".   1.  PRACTICE  OF  ORIEN-
TATION  AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR  OTHERWISE  AUTHOR-
IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
OR  USE  THE  TITLE  "LICENSED  ORIENTATION AND MOBILITY SPECIALISTS" IN
CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
HIS OR HER PROFESSION.
  2. PRACTICE OF VISION REHABILITATION THERAPY  AND  USE  OF  THE  TITLE
"VISION  REHABILITATION  THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
APY OR USE THE TITLE "VISION  REHABILITATION  THERAPIST"  IN  CONNECTION
WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
PROFESSION.
  S  8903. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY  THE  BOARD  OF
REGENTS  UPON  THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  PROFES-
SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST  OF  NOT
LESS  THAN  FOURTEEN  INDIVIDUALS, FOUR OF WHOM SHALL BE LICENSED ORIEN-
TATION AND MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE  LICENSED  VISION
REHABILITATION  THERAPISTS,  ONE  OPHTHALMOLOGIST  SPECIALIZING  IN  LOW
VISION TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW  VISION  TREATMENT
AND  FOUR  OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE
WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE  BOARD  FROM  ORGANIZA-
TIONS  OF  THE BLIND OR VISUALLY IMPAIRED.  MEMBERS OF THE INITIAL BOARD
NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO  THE  BOARD.  OF  THE
MEMBERS  FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR TERM,
FIVE SHALL BE APPOINTED  FOR  A  FOUR  YEAR  TERM,  AND  FIVE  SHALL  BE
APPOINTED  FOR  A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR
FIVE YEAR TERMS. IN THE  EVENT  THAT  MORE  THAN  FOURTEEN  MEMBERS  ARE
APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
TO  SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED
BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.
  S 8904. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
ORIENTATION AND MOBILITY SPECIALIST,  AN  APPLICANT  SHALL  FULFILL  THE
FOLLOWING REQUIREMENTS:

A. 5451--A                          4

  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
APPROVED ORIENTATION AND  MOBILITY  CURRICULUM  IN  A  BACCALAUREATE  OR
MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
WHICH  IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II) HAVE A MINIMUM OF THREE  MONTHS  OF  SUPERVISED  ORIENTATION  AND
MOBILITY  EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFAC-
TORY TO THE STATE  BOARD  FOR  VISION  REHABILITATION  SERVICES  AND  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C)  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARD
FOR VISION REHABILITATION SERVICES IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F) REGISTRATION: ALL LICENSED ORIENTATION  AND  MOBILITY  SPECIALISTS
SHALL  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATION;
  (G) MANDATORY CONTINUING COMPETENCY:  (I)(A) EACH LICENSED ORIENTATION
AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
ALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH  THE
PROVISIONS   OF   THE   MANDATORY   CONTINUING  COMPETENCY  REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES (B) AND (C)  OF  THIS  SUBPARAGRAPH.  ORIENTATION  AND  MOBILITY
SPECIALISTS  WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY
REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE  UNTIL  THEY  HAVE  MET
SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
EXCEPT  THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE WITHOUT
HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B) ORIENTATION AND MOBILITY SPECIALISTS  SHALL  BE  EXEMPT  FROM  THE
MANDATORY  CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGISTRA-
TION PERIOD DURING WHICH THEY ARE FIRST LICENSED.    ADJUSTMENT  TO  THE
MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED BY THE
DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED  BY  AN
APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED ORIENTATION AND  MOBILITY  SPECIALIST  NOT  ENGAGED  IN
PRACTICE,  AS  DETERMINED  BY  THE  DEPARTMENT, SHALL BE EXEMPT FROM THE
MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A  STATE-
MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
TO  PRACTICE  OF  THE  PROFESSION OF ORIENTATION AND MOBILITY SPECIALIST
DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
UING  COMPETENCY  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF
THE COMMISSIONER.
  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
MUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE  LEARNING  ACTIVITIES  WHICH
CONTRIBUTE  TO  CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV)
OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE
IN RECOGNIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL  SCOPE  OF  A
LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
ITY  SPECIALIST  WHOSE  FIRST  REGISTRATION DATE FOLLOWING THE EFFECTIVE

A. 5451--A                          5

DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS  FROM  SUCH  EFFECTIVE
DATE,  BUT  ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, SHALL
COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE  OF
ONE-HALF  HOUR  PER  MONTH  FOR  THE PERIOD BEGINNING JANUARY FIRST, TWO
THOUSAND SIXTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING  COMPETENCY  REQUIRE-
MENTS  SHALL  NOT  BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE
DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGIS-
TRATION  CERTIFICATE  IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF
THIS PARAGRAPH. CONTINUING COMPETENCY HOURS TAKEN DURING  ONE  TRIENNIUM
MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
  (III)  THE  DEPARTMENT,  IN  ITS  DISCRETION,  MAY ISSUE A CONDITIONAL
REGISTRATION TO A LICENSEE WHO FAILS TO MEET THE  CONTINUING  COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV)  AS  USED  IN  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, "ACCEPTABLE
LEARNING ACTIVITIES" SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE  TO  THE
PROFESSIONAL  PRACTICE  OF  AN  ORIENTATION  AND MOBILITY SPECIALIST AND
WHICH MEET THE STANDARDS PRESCRIBED IN THE REGULATIONS  OF  THE  COMMIS-
SIONER.  SUCH  LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,
COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES,  SELF-STUDY  ACTIVITIES,
INDEPENDENT  STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFES-
SIONAL  JOURNALS,  PROFESSIONAL  DEVELOPMENT  PROGRAMS   AND   TECHNICAL
SESSIONS;  SUCH  LEARNING  ACTIVITIES  MAY  BE  OFFERED AND SPONSORED BY
NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZA-
TIONS  OR  PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED
EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE  DEPART-
MENT.  RECOGNIZED  AREAS  OF  STUDY SHALL INCLUDE BUT NOT BE LIMITED TO:
KNOWLEDGE AND SKILLS  TRAINING  IN  ORIENTATION,  MOBILITY,  NAVIGATION,
INDEPENDENT  LIVING,  COMMUNICATIONS AND USE OF PRESCRIBED AND, ADAPTIVE
OPTICAL DEVICES; UTILIZATION OF  SPECIALIZED  TECHNIQUES  AND  EQUIPMENT
INTENDED  FOR  USE  BY  PERSONS  WHO  ARE VISUALLY IMPAIRED; THE MEDICAL
ASPECTS OF VISION LOSS AND ITS FUNCTIONAL  IMPACT  ON  PERSONS  WHO  ARE
VISUALLY  IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS APPRO-
PRIATELY RELATED TO THE PRACTICE OF VISION  REHABILITATION  SERVICES  AS
MAY  BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
CONTRIBUTE TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE  THE
COMPLETION  OF  CONTINUING  COMPETENCY  LEARNING  ACTIVITIES IN SPECIFIC
SUBJECTS TO FULFILL THIS MANDATORY  CONTINUING  COMPETENCY  REQUIREMENT.
LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  (V)  ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL  MAINTAIN ADEQUATE
DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING
ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE  REQUEST  OF  THE
DEPARTMENT.  FAILURE  TO  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF

A. 5451--A                          6

THE DEPARTMENT SHALL BE AN ACT OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  2. TO QUALIFY FOR A LICENSE AS A VISION  REHABILITATION  THERAPIST  AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
APPROVED VISION REHABILITATION THERAPIST CURRICULUM IN  A  BACCALAUREATE
OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II) HAVE A MINIMUM OF THREE MONTHS  OF  SUPERVISED  VISION  REHABILI-
TATION  THERAPIST  EXPERIENCE  WHICH SUPERVISION AND EXPERIENCE SHALL BE
SATISFACTORY TO THE STATE BOARD FOR VISION REHABILITATION  SERVICES  AND
IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C)  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARD
FOR VISION REHABILITATION SERVICES IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS.
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  (F) REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS  SHALL
REGISTER  TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
SIONER'S REGULATIONS;
  (G) MANDATORY CONTINUING COMPETENCY:   (I) (A)  EACH  LICENSED  VISION
REHABILITATION  THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIEN-
NIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE  SHALL  COMPLY  WITH
THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY REQUIREMENTS
PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
CLAUSES (B) AND (C) OF THIS PARAGRAPH.  VISION REHABILITATION THERAPISTS
WHO DO NOT SATISFY  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS
SHALL  NOT  BE  AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET SUCH REQUIRE-
MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
A VISION REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING  MET  SUCH
REQUIREMENTS  IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION PURSUANT
TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
  (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
RY CONTINUING COMPETENCY  REQUIREMENT  FOR  THE  TRIENNIAL  REGISTRATION
PERIOD DURING WHICH THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE MANDATO-
RY  CONTINUING  COMPETENCY REQUIREMENTS MAY BE GRANTED BY THE DEPARTMENT
FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN  APPROPRIATE
HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.
  (C) A LICENSED VISION REHABILITATION THERAPIST NOT  ENGAGED  IN  PRAC-
TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
THE  DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO PRAC-
TICE OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL  REGISTRATION
PERIOD  SHALL  NOTIFY  THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION

A. 5451--A                          7

AND SHALL MEET SUCH  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  AS
SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
TWENTY-FOUR  HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE TO
CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV) OF  THIS  PARA-
GRAPH,  PROVIDED  FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE IN RECOG-
NIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF  A  LICENSED
VISION  REHABILITATION  THERAPIST.  ANY  VISION REHABILITATION THERAPIST
WHOSE FIRST REGISTRATION DATE  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, SHALL COMPLETE CONTINUING
COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF  HOUR  PER
MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN UP TO
THE  FIRST  REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATIS-
FIED THE MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  SHALL  NOT  BE
ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS
ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  CONTIN-
UING  COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
TO A SUBSEQUENT TRIENNIUM.
  (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
PROFESSIONAL PRACTICE OF A VISION  REHABILITATION  THERAPIST  AND  WHICH
MEET  THE  STANDARDS  PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER.
SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLEGI-
ATE  LEVEL  CREDIT  AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDE-
PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE  AND
LOCAL  PROFESSIONAL  ASSOCIATIONS  AND  OTHER  ORGANIZATIONS  OR PARTIES
ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND
TECHNICAL  LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.  RECOGNIZED
AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
ORIENTATION, USE OF PRESCRIBED AND, ADAPTIVE OPTICAL  DEVICES;  UTILIZA-
TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
WHO  ARE  VISUALLY  IMPAIRED; THE MEDICAL ASPECTS OF VISION LOSS AND ITS
FUNCTIONAL IMPACT ON PERSONS WHO ARE VISUALLY IMPAIRED; AND  SUCH  OTHER
TECHNICAL  SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE OF
VISION REHABILITATION SERVICES AS MAY BE SATISFACTORY TO THE  BOARD  AND
IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY,
IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND  WELFARE

A. 5451--A                          8

OF  THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY LEARNING
ACTIVITIES IN SPECIFIC SUBJECTS TO  FULFILL  THIS  MANDATORY  CONTINUING
COMPETENCY  REQUIREMENT.  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPON-
SOR  APPROVED  BY  THE  DEPARTMENT,  PURSUANT  TO THE REGULATIONS OF THE
COMMISSIONER.
  (V) VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE  DOCUMEN-
TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
MENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION UPON THE REQUEST OF THE
DEPARTMENT SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
  (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
REGISTRATION PERIOD.
  S 8905. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
FOLLOWS:
  1.  ELIGIBILITY.  A PERSON WHO FULFILLS ALL REQUIREMENTS FOR AN ORIEN-
TATION AND  MOBILITY  SPECIALIST  OR  VISION  REHABILITATION  THERAPIST,
EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
PERMIT.
  2.  LIMIT  OF  PRACTICE.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
UNDER THE DIRECT SUPERVISION OF  A  LICENSED  ORIENTATION  AND  MOBILITY
SPECIALIST OR A VISION REHABILITATION THERAPIST.
  3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
ISSUANCE OR UPON NOTICE TO THE PERMITTEE  BY  THE  DEPARTMENT  THAT  THE
APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
TEE  OF  FAILURE  ON  THE  PROFESSIONAL LICENSING EXAMINATION, WHICHEVER
FIRST OCCURS.
  4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
  S 8906. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO  AFFECT
OR  PREVENT  THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY  THE  IMPRESSION  THAT
THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
SPECIALIST OR VISION REHABILITATION THERAPIST:
  1.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
  2. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED  IN  THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
OTHER DULY LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH  CARE  PROVIDER,
PROVIDED  THAT  SUCH  DUTIES,  TASKS AND RESPONSIBILITIES ARE WITHIN THE
SCOPE OF HIS OR HER PRACTICE AS DEFINED  IN  THIS  ARTICLE  PURSUANT  TO
WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
ER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE
"LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
ORIENTATION AND MOBILITY TRAINING.
  3. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
DULY  LICENSED,  CERTIFIED  OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS

A. 5451--A                          9

OR HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S  REGULATION
PURSUANT  TO  WHICH  SUCH  PERSON  IS LICENSED, CERTIFIED OR REGISTERED;
PROVIDED, HOWEVER, THAT SUCH PRACTITIONERS MAY NOT HOLD  THEMSELVES  OUT
UNDER THE TITLE "LICENSED VISION REHABILITATION THERAPIST".
  4.  THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE  WITHIN
THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
ANY  PERSON  REGISTERED  TO  PERFORM  SERVICES  AS A PHYSICIAN ASSISTANT
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
  5. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
BILITATION  THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF ORIENTATION
AND MOBILITY TRAINING OR VISION  REHABILITATION  THERAPY  OF  ANY  OTHER
STATE  OR  TERRITORY  WHO  IS  SERVING IN THE ARMED FORCES OR THE PUBLIC
HEALTH SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE  OF
HIS OR HER DUTIES.
  6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
  7.  THE  PROVISION  OF  ORIENTATION  AND MOBILITY TRAINING SERVICES AS
DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-NINE HUNDRED  ONE  OF  THIS
TITLE  OR VISION REHABILITATION THERAPY AS DEFINED IN SUBDIVISION TWO OF
SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE TO THE EXTENT  PERMISSIBLE
WITHIN  THE  SCOPE  OF  PRACTICE  OF  ORIENTATION  AND MOBILITY TRAINING
SERVICES OR VISION REHABILITATION SERVICES, BY ANY NOT-FOR-PROFIT CORPO-
RATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE  STATE  OF
NEW  YORK  AND  OPERATING  UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE
HUNDRED THREE-A OF THIS TITLE,  PROVIDED  THAT  SUCH  ENTITIES  OFFERING
ORIENTATION  AND  MOBILITY  TRAINING  SERVICES  OR VISION REHABILITATION
SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN  INDIVIDUAL  APPRO-
PRIATELY  LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
  S 8907. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED  WITHOUT  EXAM-
INATION  PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
ARTICLE, SUCH PERSON:
  1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO  THE  DEPART-
MENT;
  2.  (A)  HOLDS  A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR  EQUIVALENT
AS  DETERMINED  BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
BILITATION THERAPY; OR (C) HOLDS  A  BACHELOR'S  DEGREE  OR  HIGHER,  OR
EQUIVALENT  AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
IN SPECIAL EDUCATION AND (I) HAS  COMPLETED  ALL  ADDITIONALLY  REQUIRED
ELEMENTS  OF  THE  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD  AND  IN  ACCORDANCE
WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  (II)  HAS BEEN CERTIFIED IN
ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY  A
NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
  3.  SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
MENT IN THE PRACTICE OF ORIENTATION  AND  MOBILITY  TRAINING  OR  VISION
REHABILITATION  THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
THE COMMISSIONER'S REGULATIONS, WHETHER SUCH  EXPERIENCE  OR  EMPLOYMENT
OCCURS WITHIN OR WITHOUT THIS STATE.
  S 8908. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
ANY OTHER SECTION OR PART THEREOF.

A. 5451--A                         10

  S  2.  This  act shall take effect eighteen months after it shall have
become a law; provided, however, that paragraph (g) of subdivision 1  of
section  8904  of  the education law as added by section one of this act
shall take effect fifty-four months after it shall have  become  a  law.
The commissioner of education and the board of regents are authorized to
promulgate such rules and regulations and take any other measures as may
be  necessary for the timely implementation of this act on or before its
effective date, including but not limited  to  the  appointment  of  the
state board for vision rehabilitation services, the acceptance and proc-
essing of applications for licensure, and the issuance of licenses.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5451--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2015
                               ___________

Introduced  by  M.  of  A. LUPARDO, GOTTFRIED, TITUS, PAULIN, ROSENTHAL,
  DINOWITZ, PERRY, BENEDETTO,  JAFFEE,  COLTON,  BROOK-KRASNY,  MORELLE,
  PEOPLES-STOKES,  LAVINE,  WEPRIN,  BRONSON, ZEBROWSKI, ROBERTS, ORTIZ,
  THIELE, MOYA, BRINDISI, CLARK,  MOSLEY,  GUNTHER,  SKOUFIS,  BUCHWALD,
  FAHY,  GOLDFEDER,  MAGNARELLI, RYAN, KAMINSKY -- Multi-Sponsored by --
  M. of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRAUN-
  STEIN, BRENNAN, BUTLER, CAHILL, CERETTO, COOK, CORWIN, CRESPO, CROUCH,
  CURRAN, CUSICK,  CYMBROWITZ,  DAVILA,  DUPREY,  ENGLEBRIGHT,  FARRELL,
  FINCH,  FITZPATRICK,  GALEF, GARBARINO, GOODELL, GRAF, HAWLEY, HEVESI,
  HOOPER, JOHNS, KEARNS, KIM, LALOR, LENTOL, LIFTON,  LUPINACCI,  MAGEE,
  MALLIOTAKIS,  MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN, MILL-
  ER, MONTESANO, OAKS, PALMESANO, RA, RAIA, RUSSELL, SALADINO,  SCHIMEL,
  SIMANOWITZ,  STEC,  STECK,  TENNEY,  TITONE,  WALTER  -- read once and
  referred to the Committee on Higher Education -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  --  again  reported  from  said  committee with amendments,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the education law,  in  relation  to  the  licensing  of
  orientation and mobility specialists and rehabilitation therapists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 168 to
read as follows:
                               ARTICLE 168
                     VISION REHABILITATION SERVICES
SECTION 8900. INTRODUCTION.
        8901. DEFINITIONS.
        8902. USE OF  THE  TITLES  "LICENSED  ORIENTATION  AND  MOBILITY
                SPECIALISTS" AND "VISION REHABILITATION THERAPISTS".
        8903. STATE BOARD FOR VISION REHABILITATION SERVICES.
        8904. REQUIREMENTS FOR A LICENSE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07767-09-5
              

A. 5451--B                          2

        8905. LIMITED PERMITS.
        8906. EXEMPT PERSONS.
        8907. SPECIAL PROVISIONS.
        8908. SEPARABILITY.
  S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
REHABILITATION  SERVICES,  AND  PROVIDES  FOR  THE LICENSING OF LICENSED
ORIENTATION AND MOBILITY SPECIALISTS AND  VISION  REHABILITATION  THERA-
PISTS.  THE  GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
  S 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. THE PRACTICE OF "ORIENTATION AND  MOBILITY  TRAINING"  SHALL  MEAN:
(A)  THE  ASSESSMENT  OF  INDIVIDUAL  NEEDS  OF PERSONS WHO ARE VISUALLY
IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN  STRATE-
GIES  TO  GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE  PLANS  TAILORED  TO  MEET
SUCH  INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR  PERSONS  WHO  ARE
VISUALLY  IMPAIRED,  INCLUDING  BUT  NOT LIMITED TO ORIENTATION; SENSORY
DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG  CANE  TECHNIQUES;
RESOURCE  IDENTIFICATION  AND,  AS  APPROPRIATE, PROFESSIONAL REFERRALS;
AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D)  THE
EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
  2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
ASSESSMENT  OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS  TAILORED  TO  MEET  SUCH
INDIVIDUAL  NEEDS  AS  IDENTIFIED  IN  SUCH  ASSESSMENT PROCESS; (C) THE
PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
IMPAIRED, INCLUDING, IN APPLIED SETTINGS,  REINFORCING  INSTRUCTION  FOR
THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
ALLY  IMPAIRED,  INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT  SKILLS;
HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION OF
PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
  3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
ING ASSESSMENT AND EVALUATION OF, AND  TRAINING  FOR,  PERSONS  WHO  ARE
VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
PROFESSIONS  DEFINED  IN  THIS  SECTION AS: (A) ORIENTATION AND MOBILITY
TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES  SHALL  BE
RENDERED  ON  THE  PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER  THAT
NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
WHEN  THE  PERSON  BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND  OR  LEGALLY  BLIND  AS  THOSE
TERMS  ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
ARE BEING RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS,  PRESCRIPTION  OR
REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.

A. 5451--B                          3

  4.  "APPLIED  SETTINGS"  MEANS  THOSE  LOCATIONS WHERE PERSONS WHO ARE
VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES  UTILIZING  THE  TOOLS
SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
THIS ARTICLE.
  5.  "VISUALLY  IMPAIRED"  MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS BLIND  IS  ONE  WHO  HAS  NO
USEABLE  VISION.  A PERSON WHO IS LEGALLY BLIND IS ONE WHO SATISFIES THE
DEFINITION SET FORTH IN SUBDIVISION B OF SECTION THREE OF  CHAPTER  FOUR
HUNDRED  FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON WHO
IS PARTIALLY SIGHTED IS ONE WHO HAS FUNCTIONAL  VISION  IMPAIRMENT  THAT
CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
DISEASE,  TRAUMA,  OR CONGENITAL CONDITION, THAT CANNOT BE FULLY AMELIO-
RATED BY STANDARD REFRACTIVE CORRECTION,  MEDICATION,  OR  SURGERY,  AND
THAT  IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT VISUAL
RESOLUTION, INADEQUATE FIELD OF VISION OR REDUCED PEAK  CONTRAST  SENSI-
TIVITY.
  6.  "BOARD"  SHALL  MEAN  THE  STATE  BOARD  FOR VISION REHABILITATION
SERVICES AS PROVIDED FOR IN SECTION EIGHTY-NINE THOUSAND THREE  OF  THIS
ARTICLE.
  S  8902. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
ISTS" AND "VISION REHABILITATION THERAPISTS".   1.  PRACTICE  OF  ORIEN-
TATION  AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR  OTHERWISE  AUTHOR-
IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
OR  USE  THE  TITLE  "LICENSED  ORIENTATION AND MOBILITY SPECIALISTS" IN
CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
HIS OR HER PROFESSION.
  2. PRACTICE OF VISION REHABILITATION THERAPY  AND  USE  OF  THE  TITLE
"VISION  REHABILITATION  THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
APY OR USE THE TITLE "VISION  REHABILITATION  THERAPIST"  IN  CONNECTION
WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
PROFESSION.
  S  8903. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY  THE  BOARD  OF
REGENTS  UPON  THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  PROFES-
SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST  OF  NOT
LESS  THAN  EIGHT INDIVIDUALS, TWO OF WHOM SHALL BE LICENSED ORIENTATION
AND MOBILITY SPECIALISTS, TWO OF WHOM SHALL BE LICENSED VISION REHABILI-
TATION THERAPISTS, ONE OPHTHALMOLOGIST SPECIALIZING IN LOW VISION TREAT-
MENT, ONE OPTOMETRIST SPECIALIZING IN LOW VISION TREATMENT  AND  TWO  OF
WHOM  SHALL  BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE WHOSE NAMES
WILL BE PLACED IN NOMINATION FOR THE BOARD  FROM  ORGANIZATIONS  OF  THE
BLIND  OR  VISUALLY IMPAIRED.   MEMBERS OF THE INITIAL BOARD NEED NOT BE
LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. OF THE  MEMBERS  FIRST
APPOINTED,  TWO SHALL BE APPOINTED FOR A THREE YEAR TERM, THREE SHALL BE
APPOINTED FOR A FOUR YEAR TERM, AND THREE SHALL BE APPOINTED FOR A  FIVE
YEAR  TERM.  THEREAFTER  ALL MEMBERS SHALL SERVE FOR FIVE YEAR TERMS. IN
THE EVENT THAT MORE THAN EIGHT MEMBERS ARE APPOINTED, A MAJORITY OF  THE
ADDITIONAL  MEMBERS  SHALL BE LICENSED ORIENTATION AND MOBILITY SPECIAL-
ISTS AND LICENSED VISION REHABILITATION THERAPISTS. THE MEMBERS  OF  THE
BOARD  SHALL  SELECT  ONE OF THEMSELVES AS CHAIR TO SERVE FOR A ONE YEAR
TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED BY THE BOARD OF  REGENTS
UPON THE RECOMMENDATION OF THE COMMISSIONER.

A. 5451--B                          4

  S 8904. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
ORIENTATION  AND  MOBILITY  SPECIALIST,  AN  APPLICANT SHALL FULFILL THE
FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
APPROVED ORIENTATION AND  MOBILITY  CURRICULUM  IN  A  BACCALAUREATE  OR
MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
WHICH  IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II) HAVE A MINIMUM OF THREE  MONTHS  OF  SUPERVISED  ORIENTATION  AND
MOBILITY  EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFAC-
TORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (C) EXAMINATION:  PASS AN EXAMINATION SATISFACTORY  TO  THE  BOARD  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (F)  REGISTRATION:  ALL  LICENSED ORIENTATION AND MOBILITY SPECIALISTS
SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN  ACCORDANCE  WITH  THE
COMMISSIONER'S REGULATION.
  2.  TO  QUALIFY  FOR A LICENSE AS A VISION REHABILITATION THERAPIST AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  EDUCATION/EXPERIENCE:  (I)  HAVE  SATISFACTORILY   COMPLETED   AN
APPROVED  VISION  REHABILITATION THERAPIST CURRICULUM IN A BACCALAUREATE
OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
  (II)  HAVE  A  MINIMUM  OF THREE MONTHS OF SUPERVISED VISION REHABILI-
TATION THERAPIST EXPERIENCE WHICH SUPERVISION AND  EXPERIENCE  SHALL  BE
SATISFACTORY  TO  THE  BOARD  AND  IN ACCORDANCE WITH THE COMMISSIONER'S
REGULATIONS;
  (C) EXAMINATION:  PASS AN EXAMINATION SATISFACTORY  TO  THE  BOARD  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
  (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  (F)  REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE  COMMIS-
SIONER'S REGULATIONS.
  S  8905.  LIMITED  PERMITS.   THE FOLLOWING REQUIREMENTS FOR A LIMITED
PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT  TO
THIS ARTICLE:
  1. THE DEPARTMENT MAY ISSUE A LIMITED PERMIT TO AN APPLICANT WHO MEETS
ALL  QUALIFICATIONS FOR LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERI-
ENCE REQUIREMENTS, IN ACCORDANCE WITH REGULATIONS PROMULGATED THEREFOR.
  2. LIMITED PERMITS SHALL BE FOR ONE YEAR AND MAY BE  RENEWED,  AT  THE
DISCRETION OF THE DEPARTMENT, FOR ONE ADDITIONAL YEAR.
  3.  THE  FEE  FOR  EACH  LIMITED  PERMIT AND FOR EACH RENEWAL SHALL BE
SEVENTY DOLLARS.
  4. A LIMITED PERMIT HOLDER SHALL PRACTICE ONLY  UNDER  SUPERVISION  AS
DETERMINED IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
  S  8906. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT
OR PREVENT THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD  OR  DEVICE
SHALL  BE  USED  IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT

A. 5451--B                          5

THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
SPECIALIST OR VISION REHABILITATION THERAPIST:
  1.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
  2. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED  IN  THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
OTHER DULY LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH  CARE  PROVIDER,
PROVIDED  THAT  SUCH  DUTIES,  TASKS AND RESPONSIBILITIES ARE WITHIN THE
SCOPE OF HIS OR HER PRACTICE AS DEFINED  IN  THIS  ARTICLE  PURSUANT  TO
WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
ER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE
"LICENSED ORIENTATION AND MOBILITY SPECIALIST".
  3. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
DULY  LICENSED,  CERTIFIED  OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
OR HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S  REGULATION
PURSUANT  TO  WHICH  SUCH  PERSON  IS LICENSED, CERTIFIED OR REGISTERED;
PROVIDED, HOWEVER, THAT SUCH PRACTITIONERS MAY NOT HOLD  THEMSELVES  OUT
UNDER THE TITLE "LICENSED VISION REHABILITATION THERAPIST".
  4.  THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE  WITHIN
THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
ANY  PERSON  REGISTERED  TO  PERFORM  SERVICES  AS A PHYSICIAN ASSISTANT
PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
  5. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
BILITATION  THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF ORIENTATION
AND MOBILITY TRAINING OR VISION  REHABILITATION  THERAPY  OF  ANY  OTHER
STATE  OR  TERRITORY  WHO  IS  SERVING IN THE ARMED FORCES OR THE PUBLIC
HEALTH SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE  OF
HIS OR HER DUTIES.
  6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
  7.  NOTHING  IN  THIS  ARTICLE  SHALL  BE  CONSTRUED  AS PROHIBITING A
LICENSED TEACHER OF THE VISUALLY IMPAIRED FROM  PERFORMING  ANY  OF  THE
DUTIES, TASKS OR RESPONSIBILITIES WITHIN THAT SCOPE OF PRACTICE.
  S  8907.  SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS
FOR A LICENSE OR CERTIFICATION AS A LICENSED  ORIENTATION  AND  MOBILITY
SPECIALIST OR A VISION REHABILITATION THERAPIST, EXCEPT FOR EXAMINATION,
EXPERIENCE  AND  EDUCATION,  AND  WHO  IS  CERTIFIED  OR REGISTERED BY A
NATIONAL CERTIFYING BODY HAVING CERTIFICATION OR REGISTRATION  STANDARDS
ACCEPTABLE  TO  THE COMMISSIONER, MAY BE LICENSED, WITHOUT MEETING ADDI-
TIONAL  REQUIREMENTS  AS  TO  EXAMINATION,  EXPERIENCE  AND   EDUCATION,
PROVIDED  THAT  SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE DEPARTMENT
WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
  S 8908. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
SUCH  JUDGMENT  SHALL  NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
ANY OTHER SECTION OR PART THEREOF.
  S 2. The education law is amended by adding a new  section  6503-c  to
read as follows:
  S 6503-C. WAIVER FOR CERTAIN NOT-FOR-PROFIT CORPORATIONS AND EDUCATION
CORPORATIONS  PROVIDING  ORIENTATION  AND  MOBILITY TRAINING SERVICES OR
VISION REHABILITATION SERVICES. 1. WAIVER. A. NO  NOT-FOR-PROFIT  CORPO-
RATION OR EDUCATION CORPORATION MAY EMPLOY INDIVIDUALS LICENSED PURSUANT

A. 5451--B                          6

TO  THIS  TITLE TO PROVIDE ORIENTATION AND MOBILITY TRAINING SERVICES OR
VISION REHABILITATION SERVICES, UNLESS SUCH  NOT-FOR-PROFIT  CORPORATION
OR  EDUCATION CORPORATION OBTAINS A WAIVER PURSUANT TO THIS SECTION. ALL
NOT-FOR-PROFIT  CORPORATIONS  OR  EDUCATION CORPORATIONS APPROVED BY THE
COMMISSIONER AS OF THE EFFECTIVE DATE OF THIS SECTION  SHALL  BE  DEEMED
OPERATING  UNDER A WAIVER PURSUANT TO THIS SECTION FOR A PERIOD COMMENC-
ING ON SUCH EFFECTIVE DATE AND ENDING ON JULY FIRST, TWO THOUSAND SEVEN-
TEEN.
  2. OBTAINING A WAIVER. A. A NOT-FOR-PROFIT  CORPORATION  OR  EDUCATION
CORPORATION  SHALL  OBTAIN  AN  APPLICATION  FOR  A  WAVIER  ON  A  FORM
PRESCRIBED BY THE DEPARTMENT. THE DEPARTMENT MAY ISSUE A  WAIVER  ON  OR
AFTER  JULY  FIRST,  TWO THOUSAND FIFTEEN TO AN ENTITY WHICH WAS CREATED
BEFORE, ON OR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION  IF  THERE  IS
DEMONSTRATION  OF  NEED  OF  THE  ENTITY'S  SERVICES SATISFACTORY TO THE
DEPARTMENT. THE APPLICATION FOR AN INITIAL WAIVER SHALL  BE  ACCOMPANIED
BY A FEE OF THREE HUNDRED FORTY-FIVE DOLLARS.
  B.  WITHIN  ONE  HUNDRED TWENTY DAYS AFTER THE COMMISSIONER PRESCRIBES
THE APPLICATION FORM AND POSTS NOTICE OF ITS AVAILABILITY ON THE DEPART-
MENT'S WEBSITE, A NOT-FOR-PROFIT CORPORATION  OR  EDUCATION  CORPORATION
MUST  APPLY  FOR  A  WAIVER. UPON SUBMISSION OF SUCH APPLICATION, CORPO-
RATION MAY CONTINUE TO OPERATE AND PROVIDE SERVICES UNTIL THE DEPARTMENT
SHALL EITHER DENY OR  APPROVE  THE  APPLICATION.  AFTER  THE  DEPARTMENT
RENDERS  A TIMELY INITIAL DETERMINATION THAT THE APPLICANT HAS SUBMITTED
THE INFORMATION NECESSARY TO VERIFY THAT THE REQUIREMENTS OF  PARAGRAPHS
C,  D  AND E OF THIS SUBDIVISION ARE SATISFIED, APPLICATIONS FOR WAIVERS
SHALL BE APPROVED OR DENIED WITHIN NINETY DAYS, PROVIDED HOWEVER THAT IF
THE WAIVER APPLICATION IS DENIED THE CORPORATION SHALL  CEASE  PROVIDING
SERVICES PURSUANT TO THIS SUBDIVISION IN THE STATE OF NEW YORK.
  C.  SUCH  WAIVER SHALL PROVIDE THAT SERVICES RENDERED PURSUANT TO THIS
SECTION, DIRECTLY OR INDIRECTLY, SHALL BE  PROVIDED  ONLY  BY  A  PERSON
APPROPRIATELY  LICENSED  TO  PROVIDE  SUCH SERVICES, EXCEPT AS OTHERWISE
PROVIDED IN LAW, OR BY A PROFESSIONAL SERVICES ENTITY AUTHORIZED BY  LAW
TO PROVIDE SUCH SERVICES.
  D. AN APPLICATION FOR A WAIVER TO PROVIDE PROFESSIONAL SERVICES PURSU-
ANT  TO  THIS SECTION SHALL BE ON A FORM PRESCRIBED BY THE COMMISSIONER.
SUCH APPLICATION SHALL INCLUDE:  (I)  THE  NAME  OF  THE  NOT-FOR-PROFIT
CORPORATION OR EDUCATION CORPORATION; (II) THE NAMES OF THE DIRECTORS OR
TRUSTEES  AND OFFICERS OF SUCH CORPORATION; (III) A LISTING OF ANY OTHER
JURISDICTIONS WHERE SUCH CORPORATION MAY PROVIDE SERVICES; AND  (IV)  AN
ATTESTATION  MADE  BY  AN OFFICER AUTHORIZED BY SUCH CORPORATION TO MAKE
SUCH ATTESTATION THAT IDENTIFIES THE SCOPE OF SERVICES TO  BE  PROVIDED;
INCLUDES  A  LIST  OF PROFESSIONS UNDER THIS TITLE IN WHICH PROFESSIONAL
SERVICES WILL BE PROVIDED BY  SUCH  CORPORATION;  INCLUDES  A  STATEMENT
THAT,  UNLESS  OTHERWISE  AUTHORIZED  BY LAW, THE CORPORATION SHALL ONLY
PROVIDE SERVICES AUTHORIZED UNDER THIS  SECTION;  INCLUDES  A  STATEMENT
THAT  ONLY  A  LICENSED  PROFESSIONAL,  A PERSON OTHERWISE AUTHORIZED TO
PROVIDE SUCH SERVICES, OR A PROFESSIONAL SERVICES ENTITY  AUTHORIZED  BY
LAW  TO  PROVIDE SUCH SERVICES SHALL PROVIDE SUCH SERVICES AS AUTHORIZED
UNDER THIS SECTION; AND ATTESTS TO THE  ADEQUACY  OF  THE  CORPORATION'S
FISCAL  AND  FINANCIAL RESOURCES TO PROVIDE SUCH SERVICES. SUCH APPLICA-
TION SHALL ALSO INCLUDE ANY OTHER INFORMATION RELATED TO THE APPLICATION
AS MAY BE REQUIRED BY THE DEPARTMENT. A  CORPORATION  WITH  AN  APPROVED
WAIVER MAY APPLY, ON A FORM PRESCRIBED BY THE COMMISSIONER, TO AMEND THE
WAIVER TO ADD ADDITIONAL PROFESSIONAL SERVICES.
  E.  EACH  OFFICER,  TRUSTEE  AND  DIRECTOR  OF  SUCH CORPORATION SHALL
PROVIDE AN ATTESTATION REGARDING HIS OR  HER  GOOD  MORAL  CHARACTER  AS

A. 5451--B                          7

REQUIRED  PURSUANT  TO PARAGRAPH G OF THIS SUBDIVISION. THE COMMISSIONER
SHALL BE FURTHER AUTHORIZED TO PROMULGATE RULES OR REGULATIONS  RELATING
TO  THE  STANDARDS  OF  THE  WAIVER  FOR NOT-FOR-PROFIT CORPORATIONS AND
EDUCATION  CORPORATIONS PURSUANT TO THIS SECTION. SUCH REGULATIONS SHALL
INCLUDE STANDARDS RELATING  TO  THE  CORPORATION'S  ABILITY  TO  PROVIDE
SERVICES,  THE  CORPORATION'S MAINTENANCE OF STUDENT OR CLIENT AND BUSI-
NESS RECORDS, THE CORPORATION'S FISCAL POLICIES, AND SUCH  OTHER  STAND-
ARDS AS MAY BE PRESCRIBED BY THE COMMISSIONER.
  F.  THE  NOT-FOR-PROFIT CORPORATION OR EDUCATION CORPORATION OPERATING
PURSUANT TO A WAIVER SHALL DISPLAY, AT  EACH  SITE  WHERE  SERVICES  ARE
PROVIDED  TO  THE  PUBLIC,  A  CERTIFICATE  OF SUCH WAIVER ISSUED BY THE
DEPARTMENT PURSUANT TO THIS SECTION, WHICH SHALL CONTAIN THE NAME OF THE
CORPORATION AND THE ADDRESS OF THE SITE. SUCH CORPORATIONS SHALL  OBTAIN
FROM  THE  DEPARTMENT  ADDITIONAL  CERTIFICATES  FOR  EACH SITE AT WHICH
PROFESSIONAL SERVICES ARE PROVIDED TO THE PUBLIC. EACH CORPORATION SHALL
BE REQUIRED TO RE-APPLY FOR A WAIVER EVERY THREE YEARS. EXCEPT AS OTHER-
WISE PROVIDED IN SUBDIVISION FOUR OF THIS SECTION,  IF  ANY  INFORMATION
SUPPLIED  TO  THE DEPARTMENT REGARDING THE CORPORATION SHALL CHANGE, THE
CORPORATION SHALL BE REQUIRED TO PROVIDE SUCH UPDATED INFORMATION TO THE
DEPARTMENT WITHIN SIXTY DAYS.
  G. ALL OFFICERS, TRUSTEES AND DIRECTORS OF SUCH CORPORATIONS SHALL  BE
OF GOOD MORAL CHARACTER. CORPORATIONS OPERATING PURSUANT TO A WAIVER AND
THEIR  OFFICERS  AND DIRECTORS SHALL BE ENTITLED TO THE SAME DUE PROCESS
PROCEDURES AS ARE PROVIDED TO SUCH INDIVIDUALS AND PROFESSIONAL SERVICES
CORPORATIONS. NO WAIVER ISSUED UNDER THIS SECTION SHALL BE  TRANSFERABLE
OR  ASSIGNABLE,  AS  SUCH  TERMS  ARE  DEFINED IN THE REGULATIONS OF THE
COMMISSIONER.
  3. RENEWAL OF WAIVER. ALL  NOT-FOR-PROFIT  CORPORATION  AND  EDUCATION
CORPORATION WAIVERS SHALL BE RENEWED ON DATES SET BY THE DEPARTMENT. THE
TRIENNIAL  WAIVER  FEE SHALL BE TWO HUNDRED SIXTY DOLLARS OR A PRO-RATED
PORTION THEREOF AS DETERMINED BY THE DEPARTMENT.
  4. CHANGE OF LOCATION. IN THE EVENT THAT A CHANGE IN THE  LOCATION  OF
THE  CHIEF  ADMINISTRATIVE  OFFICES  OF  A NOT-FOR-PROFIT CORPORATION OR
EDUCATION CORPORATION IS CONTEMPLATED, THE OWNER SHALL NOTIFY THE OFFICE
OF PROFESSIONS OF THE DEPARTMENT OF THE  CHANGE  OF  LOCATION  AT  LEAST
THIRTY DAYS PRIOR TO RELOCATION.
  5.  PROFESSIONAL  PRACTICE.  A NOT-FOR-PROFIT CORPORATION OR EDUCATION
CORPORATION OPERATING UNDER A WAIVER SHALL NOT PRACTICE  ANY  PROFESSION
LICENSED  PURSUANT  TO  THIS  TITLE  OR HOLD ITSELF OUT TO THE PUBLIC AS
AUTHORIZED TO PROVIDE  PROFESSIONAL  SERVICES  PURSUANT  TO  THIS  TITLE
EXCEPT AS AUTHORIZED BY THIS SECTION OR OTHERWISE AUTHORIZED BY LAW.
  6.  SUPERVISION OF PROFESSIONAL PRACTICE. A NOT-FOR-PROFIT CORPORATION
OR EDUCATION CORPORATION SHALL BE UNDER THE SUPERVISION OF  THE  REGENTS
OF  THE  UNIVERSITY OF THE STATE OF NEW YORK AND BE SUBJECT TO DISCIPLI-
NARY PROCEEDINGS AND PENALTIES. A NOT-FOR-PROFIT CORPORATION  OR  EDUCA-
TION  CORPORATION  OPERATING  UNDER A WAIVER SHALL BE SUBJECT TO SUSPEN-
SION, REVOCATION OR ANNULMENT OF THE  WAIVER  FOR  CAUSE,  IN  THE  SAME
MANNER AND TO THE SAME EXTENT AS IS PROVIDED WITH RESPECT TO INDIVIDUALS
AND THEIR LICENSES, CERTIFICATES, AND REGISTRATIONS IN THE PROVISIONS OF
THIS TITLE RELATING TO THE APPLICABLE PROFESSION.
  S  3.  This  act shall take effect eighteen months after it shall have
become a law.  The commissioner of education and the  board  of  regents
are  authorized  to  promulgate  such rules and regulations and take any
other measures as may be necessary for the timely implementation of this
act on or before its effective date, including but not  limited  to  the
appointment  of  the state board for vision rehabilitation services, the

A. 5451--B                          8

acceptance and processing of applications for licensure, and  the  issu-
ance of licenses.