S. 3381--A 2
GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED
THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
§ 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. THE PRACTICE OF "VISION IMPAIRMENT SPECIALIST" SHALL MEAN PROVIDING
ASSESSMENT AND EVALUATION OF, AND TRAINING FOR, PERSONS WHO ARE VISUALLY
IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPORATES THE
FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE SPECIALIZA-
TIONS OF THE PROFESSION 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, NURSE PRACTITIONER, OPHTHALMOL-
OGIST 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 VISUAL-
LY IMPAIRED, BLIND OR LEGALLY BLIND AS THOSE TERMS ARE DEFINED IN SUBDI-
VISION SIX OF THIS SECTION AND SUCH SERVICES ARE BEING RENDERED CONSIST-
ENT WITH THAT DIAGNOSIS, PRESCRIPTION OR REFERRAL. VISION REHABILITATION
THERAPISTS, AND ORIENTATION AND MOBILITY SPECIALISTS MAY NOT PRESCRIBE
OPTICAL LOW VISION DEVICES.
2. THE PRACTICE OF "VISION IMPAIRMENT SPECIALIST" SHALL MEAN ONE WHO
SPECIALIZES IN ORIENTATION AND MOBILITY TRAINING AND/OR VISION REHABILI-
TATION THERAPY.
3. 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.
4. 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.
5. "APPLIED SETTINGS" MEANS THOSE LOCATIONS WHERE PERSONS WHO ARE
VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES UTILIZING THE TOOLS
S. 3381--A 3
SUPPLIED AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
THIS ARTICLE.
6. "VISUALLY IMPAIRED" MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS TOTALLY 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
AMELIORATED 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
SENSITIVITY.
7. "BOARD" SHALL MEAN THE STATE BOARD FOR VISION IMPAIRMENT SPECIAL-
ISTS AS PROVIDED FOR IN SECTION EIGHTY-NINE THOUSAND THREE OF THIS ARTI-
CLE.
§ 8902. USE OF TITLES. ONLY A PERSON LICENSED OR OTHERWISE AUTHORIZED
UNDER THIS ARTICLE SHALL BE AUTHORIZED TO PRACTICE AS A VISION IMPAIR-
MENT SPECIALIST OR USE THE TITLE "LICENSED ORIENTATION AND MOBILITY
SPECIALIST" OR "LICENSED VISION REHABILITATION THERAPIST" IN CONNECTION
WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
PROFESSION.
§ 8903. STATE BOARD FOR VISION IMPAIRMENT SPECIALISTS. A STATE BOARD
FOR VISION IMPAIRMENT SPECIALISTS 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 NINE INDIVIDUALS, TWO OF WHOM SHALL BE LICENSED ORIENTATION
AND MOBILITY SPECIALISTS, TWO OF WHOM SHALL BE LICENSED VISION REHABILI-
TATION THERAPISTS, ONE OPHTHALMOLOGIST, ONE OPTOMETRIST, ONE PUBLIC
REPRESENTATIVE AS DEFINED IN PARAGRAPH B OF SUBDIVISION ONE OF SECTION
SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE 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 OR CERTIFIED
PRIOR TO THEIR APPOINTMENT TO THE BOARD, SO LONG AS THEY ARE CERTIFIED
BY A NATIONAL CERTIFYING OR ACCREDITING BOARD, ACCEPTABLE TO THE DEPART-
MENT. 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 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.
§ 8904. REQUIREMENTS FOR A LICENSE WITH A SPECIALIZATION AS AN ORIEN-
TATION AND MOBILITY SPECIALIST. TO QUALIFY FOR A LICENSE AS AN ORIEN-
TATION AND MOBILITY SPECIALIST, AN APPLICANT SHALL FULFILL THE FOLLOWING
REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE SATISFACTORILY COMPLETED AN APPROVED CURRICULUM IN
ORIENTATION AND MOBILITY SERVICES INCLUDING VISUAL DISABILITIES, VISION
EDUCATION, VISION IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAU-
S. 3381--A 4
REATE OR GRADUATE LEVEL PROGRAM OR A FOREIGN EQUIVALENT, SATISFACTORY TO
THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
AND
3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
6. REGISTRATION: ALL LICENSED ORIENTATION AND MOBILITY SPECIALISTS
SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE
COMMISSIONER'S REGULATION.
7. FEE: A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A FEE
OF ONE HUNDRED FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 8905. REQUIREMENTS FOR A LICENSE WITH A SPECIALIZATION AS A VISION
REHABILITATION THERAPIST. TO QUALIFY FOR A LICENSE AS A VISION REHABILI-
TATION THERAPIST AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
2. EDUCATION: HAVE SATISFACTORILY COMPLETED AN APPROVED CURRICULUM IN
VISION REHABILITATION THERAPY INCLUDING VISUAL DISABILITIES, VISION
EDUCATION, VISION IMPAIRMENT OR OTHER EQUIVALENT PROGRAM IN A BACCALAU-
REATE OR GRADUATE LEVEL PROGRAM, OR A FOREIGN EQUIVALENT, SATISFACTORY
TO THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
3. EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE DEPARTMENT IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
4. AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
5. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
6. REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
SIONER'S REGULATIONS.
7. FEE: A FEE OF TWO HUNDRED DOLLARS FOR AN INITIAL LICENSE AND A FEE
OF ONE HUNDRED FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
§ 8906. LIMITED PERMITS. THE FOLLOWING REQUIREMENTS FOR A LIMITED
PERMIT SHALL APPLY TO ALL PROFESSIONS LICENSED OR CERTIFIED PURSUANT TO
THIS ARTICLE:
1. ON THE RECOMMENDATION OF THE BOARD, THE DEPARTMENT MAY ISSUE A
LIMITED PERMIT TO AN APPLICANT WHO MEETS THE EDUCATION REQUIREMENTS FOR
LICENSURE, EXCEPT THE EXAMINATION AND/OR EXPERIENCE 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.
§ 8907. 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 VISION IMPAIRMENT
SPECIALIST:
1. THE PRACTICE OF LICENSED VISION IMPAIRMENT SPECIALIST AS AN INTE-
GRAL PART OF A PROGRAM OF STUDY BY STUDENTS ENROLLED IN APPROVED EDUCA-
TIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION AND MOBILITY TRAINING OR
(B) VISION REHABILITATION THERAPY.
2. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT THE
SCOPES OF PRACTICE OF ANY OTHER PROFESSION LICENSED UNDER THIS TITLE;
S. 3381--A 5
PROVIDED, HOWEVER, THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT
UNDER THE TITLES "LICENSED VISION IMPAIRMENT SPECIALIST", AND/OR
"LICENSED VISION IMPAIRMENT SPECIALIST WITH A SPECIALIZATION IN ORIEN-
TATION AND MOBILITY", AND/OR "LICENSED VISION IMPAIRMENT SPECIALIST WITH
A SPECIALIZATION IN VISION REHABILITATION THERAPY".
3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS PROHIBITING A PERSON
FROM PERFORMING THE DUTIES OF A LICENSED VISION IMPAIRMENT SPECIALIST,
IN THE COURSE OF SUCH EMPLOYMENT, IF SUCH PERSON IS EMPLOYED BY A FEDER-
AL, STATE, COUNTY, TOWN, CITY OR VILLAGE AGENCY OR OTHER POLITICAL
SUBDIVISION EXCEPT THAT THIS EXCEPTION FROM LICENSURE SHALL NOT APPLY TO
PERSONS EMPLOYED BY INSTITUTIONS REGULATED PRIMARILY BY THE EDUCATION
DEPARTMENT.
4. THIS ARTICLE SHALL NOT BE CONSTRUED TO PROHIBIT CARE DELIVERED BY
ANY FAMILY MEMBER, HOUSEHOLD MEMBER OR FRIEND, OR PERSON EMPLOYED PRIMA-
RILY IN A DOMESTIC CAPACITY WHO DOES NOT HOLD HIMSELF OR HERSELF OUT, OR
ACCEPT EMPLOYMENT, AS A PERSON LICENSED TO PRACTICE AS A VISION IMPAIR-
MENT SPECIALIST UNDER THE PROVISIONS OF THIS ARTICLE; PROVIDED, HOWEVER,
THAT IF SUCH PERSON IS REMUNERATED, THE PERSON DOES NOT HOLD HIMSELF OR
HERSELF OUT AS ONE WHO ACCEPTS EMPLOYMENT FOR PERFORMING SUCH CARE.
5. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
6. 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.
7. THE INSTRUCTION IN THE USE OF BRAILLE.
§ 8908. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS
FOR A LICENSE AS A LICENSED VISION IMPAIRMENT SPECIALIST WITH A SPECIAL-
IZATION IN ORIENTATION AND MOBILITY AND/OR VISION REHABILITATION, EXCEPT
FOR EXAMINATION, EXPERIENCE AND EDUCATION, AND WHO IS CERTIFIED OR
REGISTERED BY A NATIONAL CERTIFYING BODY HAVING CERTIFICATION OR REGIS-
TRATION STANDARDS ACCEPTABLE TO THE COMMISSIONER, OR AN INDIVIDUAL WHO
HAS WORKED AS A VISION IMPAIRMENT SPECIALIST FOCUSED ON VISION REHABILI-
TATION THERAPY AND/OR ORIENTATION AND MOBILITY IN A WORKPLACE SETTING
WHICH IS PRIMARILY DEVOTED TO THE TREATMENT OF INDIVIDUALS WITH VISION
LOSS AND BLINDNESS FOR AT LEAST THREE YEARS, MAY BE LICENSED, WITHOUT
MEETING ADDITIONAL REQUIREMENTS AS TO EXAMINATION, EXPERIENCE AND EDUCA-
TION, PROVIDED THAT SUCH INDIVIDUAL SUBMITS AN APPLICATION TO THE
DEPARTMENT WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS SECTION.
§ 8909. 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.
§ 2. Subparagraph (i) of paragraph a of subdivision 1 of section
6503-a of the education law, as amended by chapter 554 of the laws of
2013, is amended to read as follows:
(i) services provided under article one hundred fifty-four, one
hundred sixty-three [or], one hundred sixty-seven OR ARTICLE ONE HUNDRED
SIXTY-NINE of this title for which licensure would be required, or
§ 3. Paragraph a of subdivision 3 of section 6507 of the education
law, as amended by chapter 554 of the laws of 2013, is amended to read
as follows:
a. Establish standards for preprofessional and professional education,
experience and licensing examinations as required to implement the arti-
cle for each profession. Notwithstanding any other provision of law, the
commissioner shall establish standards requiring that all persons apply-
ing, on or after January first, nineteen hundred ninety-one, initially,
or for the renewal of, a license, registration or limited permit to be a
S. 3381--A 6
physician, chiropractor, dentist, registered nurse, podiatrist, optome-
trist, psychiatrist, psychologist, licensed master social worker,
licensed clinical social worker, licensed creative arts therapist,
licensed marriage and family therapist, licensed mental health counse-
lor, licensed psychoanalyst, dental hygienist, licensed behavior
analyst, [or] certified behavior analyst assistant OR LICENSED VISION
IMPAIRMENT SPECIALIST shall, in addition to all the other licensure,
certification or permit requirements, have completed two hours of
coursework or training regarding the identification and reporting of
child abuse and maltreatment. The coursework or training shall be
obtained from an institution or provider which has been approved by the
department to provide such coursework or training. The coursework or
training shall include information regarding the physical and behavioral
indicators of child abuse and maltreatment and the statutory reporting
requirements set out in sections four hundred thirteen through four
hundred twenty of the social services law, including but not limited to,
when and how a report must be made, what other actions the reporter is
mandated or authorized to take, the legal protections afforded repor-
ters, and the consequences for failing to report. Such coursework or
training may also include information regarding the physical and behav-
ioral indicators of the abuse of individuals with mental retardation and
other developmental disabilities and voluntary reporting of abused or
neglected adults to the office of mental retardation and developmental
disabilities or the local adult protective services unit. Each applicant
shall provide the department with documentation showing that he or she
has completed the required training. The department shall provide an
exemption from the child abuse and maltreatment training requirements to
any applicant who requests such an exemption and who shows, to the
department's satisfaction, that there would be no need because of the
nature of his or her practice for him or her to complete such training;
§ 4. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by section 7 of part C of chapter 57 of the
laws of 2018, is amended to read as follows:
(a) The following persons and officials are required to report or
cause a report to be made in accordance with this title when they have
reasonable cause to suspect that a child coming before them in their
professional or official capacity is an abused or maltreated child, or
when they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or other person
legally responsible for such child comes before them in their profes-
sional or official capacity and states from personal knowledge facts,
conditions or circumstances which, if correct, would render the child an
abused or maltreated child: any physician; registered physician assist-
ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
osteopath; optometrist; chiropractor; podiatrist; resident; intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist; licensed marriage and family
therapist; licensed mental health counselor; licensed psychoanalyst;
licensed behavior analyst; certified behavior analyst assistant;
LICENSED VISION IMPAIRMENT SPECIALIST; hospital personnel engaged in the
admission, examination, care or treatment of persons; a Christian
Science practitioner; school official, which includes but is not limited
to school teacher, school guidance counselor, school psychologist,
school social worker, school nurse, school administrator or other school
personnel required to hold a teaching or administrative license or
certificate; full or part-time compensated school employee required to
S. 3381--A 7
hold a temporary coaching license or professional coaching certificate;
social services worker; employee of a publicly-funded emergency shelter
for families with children; director of a children's overnight camp,
summer day camp or traveling summer day camp, as such camps are defined
in section thirteen hundred ninety-two of the public health law; day
care center worker; school-age child care worker; provider of family or
group family day care; employee or volunteer in a residential care
facility for children that is licensed, certified or operated by the
office of children and family services; or any other child care or
foster care worker; mental health professional; substance abuse counse-
lor; alcoholism counselor; all persons credentialed by the office of
alcoholism and substance abuse services; employees, who are expected to
have regular and substantial contact with children, of a health home or
health home care management agency contracting with a health home as
designated by the department of health and authorized under section
three hundred sixty-five-l of this chapter or such employees who provide
home and community based services under a demonstration program pursuant
to section eleven hundred fifteen of the federal social security act who
are expected to have regular and substantial contact with children;
peace officer; police officer; district attorney or assistant district
attorney; investigator employed in the office of a district attorney; or
other law enforcement official.
§ 5. Section 6505-b of the education law, as amended by chapter 10 of
the laws of 2018, is amended to read as follows:
§ 6505-b. Course work or training in infection control practices.
Every dentist, registered nurse, licensed practical nurse, VISION
IMPAIRMENT SPECIALIST, podiatrist, optometrist and dental hygienist
practicing in the state shall, on or before July first, nineteen hundred
ninety-four and every four years thereafter, complete course work or
training appropriate to the professional's practice approved by the
department regarding infection control, which shall include sepsis, and
barrier precautions, including engineering and work practice controls,
in accordance with regulatory standards promulgated by the department,
in consultation with the department of health, which shall be consist-
ent, as far as appropriate, with such standards adopted by the depart-
ment of health pursuant to section two hundred thirty-nine of the public
health law to prevent the transmission of HIV, HBV, HCV and infections
that could lead to sepsis in the course of professional practice. Each
such professional shall document to the department at the time of regis-
tration commencing with the first registration after July first, nine-
teen hundred ninety-four that the professional has completed course work
or training in accordance with this section, provided, however that a
professional subject to the provisions of paragraph (f) of subdivision
one of section twenty-eight hundred five-k of the public health law
shall not be required to so document. The department shall provide an
exemption from this requirement to anyone who requests such an exemption
and who (i) clearly demonstrates to the department's satisfaction that
there would be no need for him or her to complete such course work or
training because of the nature of his or her practice or (ii) that he or
she has completed course work or training deemed by the department to be
equivalent to the course work or training approved by the department
pursuant to this section. The department shall consult with organiza-
tions representative of professions, institutions and those with exper-
tise in infection control and HIV, HBV, HCV and infections that could
lead to sepsis with respect to the regulatory standards promulgated
pursuant to this section.
S. 3381--A 8
§ 6. Subdivision (a) of section 1203 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(a) Notwithstanding the education law or any other provision of law,
one or more professionals each of whom is authorized by law to render a
professional service within the state, or one or more professionals, at
least one of whom is authorized by law to render a professional service
within the state, may form, or cause to be formed, a professional
service limited liability company for pecuniary profit under this arti-
cle for the purpose of rendering the professional service or services as
such professionals are authorized to practice. With respect to a profes-
sional service limited liability company formed to provide medical
services as such services are defined in article 131 of the education
law, each member of such limited liability company must be licensed
pursuant to article 131 of the education law to practice medicine in
this state. With respect to a professional service limited liability
company formed to provide dental services as such services are defined
in article 133 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 133 of the education
law to practice dentistry in this state. With respect to a professional
service limited liability company formed to provide veterinary services
as such services are defined in article 135 of the education law, each
member of such limited liability company must be licensed pursuant to
article 135 of the education law to practice veterinary medicine in this
state. With respect to a professional service limited liability company
formed to provide professional engineering, land surveying, architec-
tural, landscape architectural and/or geological services as such
services are defined in article 145, article 147 and article 148 of the
education law, each member of such limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a professional service limited liability company formed
to provide licensed clinical social work services as such services are
defined in article 154 of the education law, each member of such limited
liability company shall be licensed pursuant to article 154 of the
education law to practice licensed clinical social work in this state.
With respect to a professional service limited liability company formed
to provide creative arts therapy services as such services are defined
in article 163 of the education law, each member of such limited liabil-
ity company must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. With respect to a
professional service limited liability company formed to provide
marriage and family therapy services as such services are defined in
article 163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. With respect to a
professional service limited liability company formed to provide mental
health counseling services as such services are defined in article 163
of the education law, each member of such limited liability company must
be licensed pursuant to article 163 of the education law to practice
mental health counseling in this state. With respect to a professional
service limited liability company formed to provide psychoanalysis
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice psychoanalysis
in this state. With respect to a professional service limited liability
S. 3381--A 9
company formed to provide applied behavior analysis services as such
services are defined in article 167 of the education law, each member of
such limited liability company must be licensed or certified pursuant to
article 167 of the education law to practice applied behavior analysis
in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY FORMED TO PROVIDE VISION IMPAIRMENT SPECIALIST SERVICES AS SUCH
SERVICES ARE DEFINED IN ARTICLE 169 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH LIMITED LIABILITY COMPANY MUST BE LICENSED PURSUANT TO ARTICLE 169
OF THE EDUCATION LAW TO PRACTICE AS A VISION IMPAIRMENT SPECIALIST IN
THIS STATE. In addition to engaging in such profession or professions, a
professional service limited liability company may engage in any other
business or activities as to which a limited liability company may be
formed under section two hundred one of this chapter. Notwithstanding
any other provision of this section, a professional service limited
liability company (i) authorized to practice law may only engage in
another profession or business or activities or (ii) which is engaged in
a profession or other business or activities other than law may only
engage in the practice of law, to the extent not prohibited by any other
law of this state or any rule adopted by the appropriate appellate divi-
sion of the supreme court or the court of appeals.
§ 7. Subdivision (b) of section 1207 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(b) With respect to a professional service limited liability company
formed to provide medical services as such services are defined in arti-
cle 131 of the education law, each member of such limited liability
company must be licensed pursuant to article 131 of the education law to
practice medicine in this state. With respect to a professional service
limited liability company formed to provide dental services as such
services are defined in article 133 of the education law, each member of
such limited liability company must be licensed pursuant to article 133
of the education law to practice dentistry in this state. With respect
to a professional service limited liability company formed to provide
veterinary services as such services are defined in article 135 of the
education law, each member of such limited liability company must be
licensed pursuant to article 135 of the education law to practice veter-
inary medicine in this state. With respect to a professional service
limited liability company formed to provide professional engineering,
land surveying, architectural, landscape architectural and/or geological
services as such services are defined in article 145, article 147 and
article 148 of the education law, each member of such limited liability
company must be licensed pursuant to article 145, article 147 and/or
article 148 of the education law to practice one or more of such
professions in this state. With respect to a professional service limit-
ed liability company formed to provide licensed clinical social work
services as such services are defined in article 154 of the education
law, each member of such limited liability company shall be licensed
pursuant to article 154 of the education law to practice licensed clin-
ical social work in this state. With respect to a professional service
limited liability company formed to provide creative arts therapy
services as such services are defined in article 163 of the education
law, each member of such limited liability company must be licensed
pursuant to article 163 of the education law to practice creative arts
therapy in this state. With respect to a professional service limited
liability company formed to provide marriage and family therapy services
as such services are defined in article 163 of the education law, each
S. 3381--A 10
member of such limited liability company must be licensed pursuant to
article 163 of the education law to practice marriage and family therapy
in this state. With respect to a professional service limited liability
company formed to provide mental health counseling services as such
services are defined in article 163 of the education law, each member of
such limited liability company must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
With respect to a professional service limited liability company formed
to provide psychoanalysis services as such services are defined in arti-
cle 163 of the education law, each member of such limited liability
company must be licensed pursuant to article 163 of the education law to
practice psychoanalysis in this state. With respect to a professional
service limited liability company formed to provide applied behavior
analysis services as such services are defined in article 167 of the
education law, each member of such limited liability company must be
licensed or certified pursuant to article 167 of the education law to
practice applied behavior analysis in this state. WITH RESPECT TO A
PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE VISION
IMPAIRMENT SPECIALIST SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE
169 OF THE EDUCATION LAW, EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY
MUST BE LICENSED PURSUANT TO ARTICLE 169 OF THE EDUCATION LAW TO PRAC-
TICE AS A VISION IMPAIRMENT SPECIALIST IN THIS STATE.
§ 8. Subdivision (a) of section 1301 of the limited liability company
law, as amended by chapter 475 of the laws of 2014, is amended to read
as follows:
(a) "Foreign professional service limited liability company" means a
professional service limited liability company, whether or not denomi-
nated as such, organized under the laws of a jurisdiction other than
this state, (i) each of whose members and managers, if any, is a profes-
sional authorized by law to render a professional service within this
state and who is or has been engaged in the practice of such profession
in such professional service limited liability company or a predecessor
entity, or will engage in the practice of such profession in the profes-
sional service limited liability company within thirty days of the date
such professional becomes a member, or each of whose members and manag-
ers, if any, is a professional at least one of such members is author-
ized by law to render a professional service within this state and who
is or has been engaged in the practice of such profession in such
professional service limited liability company or a predecessor entity,
or will engage in the practice of such profession in the professional
service limited liability company within thirty days of the date such
professional becomes a member, or (ii) authorized by, or holding a
license, certificate, registration or permit issued by the licensing
authority pursuant to, the education law to render a professional
service within this state; except that all members and managers, if any,
of a foreign professional service limited liability company that
provides health services in this state shall be licensed in this state.
With respect to a foreign professional service limited liability company
which provides veterinary services as such services are defined in arti-
cle 135 of the education law, each member of such foreign professional
service limited liability company shall be licensed pursuant to article
135 of the education law to practice veterinary medicine. With respect
to a foreign professional service limited liability company which
provides medical services as such services are defined in article 131 of
the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 131 of
S. 3381--A 11
the education law to practice medicine in this state. With respect to a
foreign professional service limited liability company which provides
dental services as such services are defined in article 133 of the
education law, each member of such foreign professional service limited
liability company must be licensed pursuant to article 133 of the educa-
tion law to practice dentistry in this state. With respect to a foreign
professional service limited liability company which provides profes-
sional engineering, land surveying, geologic, architectural and/or land-
scape architectural services as such services are defined in article
145, article 147 and article 148 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 145, article 147 and/or article 148 of the
education law to practice one or more of such professions in this state.
With respect to a foreign professional service limited liability company
which provides licensed clinical social work services as such services
are defined in article 154 of the education law, each member of such
foreign professional service limited liability company shall be licensed
pursuant to article 154 of the education law to practice clinical social
work in this state. With respect to a foreign professional service
limited liability company which provides creative arts therapy services
as such services are defined in article 163 of the education law, each
member of such foreign professional service limited liability company
must be licensed pursuant to article 163 of the education law to prac-
tice creative arts therapy in this state. With respect to a foreign
professional service limited liability company which provides marriage
and family therapy services as such services are defined in article 163
of the education law, each member of such foreign professional service
limited liability company must be licensed pursuant to article 163 of
the education law to practice marriage and family therapy in this state.
With respect to a foreign professional service limited liability company
which provides mental health counseling services as such services are
defined in article 163 of the education law, each member of such foreign
professional service limited liability company must be licensed pursuant
to article 163 of the education law to practice mental health counseling
in this state. With respect to a foreign professional service limited
liability company which provides psychoanalysis services as such
services are defined in article 163 of the education law, each member of
such foreign professional service limited liability company must be
licensed pursuant to article 163 of the education law to practice
psychoanalysis in this state. With respect to a foreign professional
service limited liability company which provides applied behavior analy-
sis services as such services are defined in article 167 of the educa-
tion law, each member of such foreign professional service limited
liability company must be licensed or certified pursuant to article 167
of the education law to practice applied behavior analysis in this
state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY
COMPANY WHICH PROVIDES VISION IMPAIRMENT SPECIALIST SERVICES AS SUCH
SERVICES ARE DEFINED IN ARTICLE 169 OF THE EDUCATION LAW, EACH MEMBER OF
SUCH FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY MUST BE
LICENSED PURSUANT TO ARTICLE 169 OF THE EDUCATION LAW TO PRACTICE AS A
VISION IMPAIRMENT SPECIALIST IN THIS STATE.
§ 9. Subdivision (q) of section 121-1500 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a registered limited liability partnership formed
to provide medical services in this state must be licensed pursuant to
S. 3381--A 12
article 131 of the education law to practice medicine in this state and
each partner of a registered limited liability partnership formed to
provide dental services in this state must be licensed pursuant to arti-
cle 133 of the education law to practice dentistry in this state. Each
partner of a registered limited liability partnership formed to provide
veterinary services in this state must be licensed pursuant to article
135 of the education law to practice veterinary medicine in this state.
Each partner of a registered limited liability partnership formed to
provide professional engineering, land surveying, geological services,
architectural and/or landscape architectural services in this state must
be licensed pursuant to article 145, article 147 and/or article 148 of
the education law to practice one or more of such professions in this
state. Each partner of a registered limited liability partnership formed
to provide licensed clinical social work services in this state must be
licensed pursuant to article 154 of the education law to practice clin-
ical social work in this state. Each partner of a registered limited
liability partnership formed to provide creative arts therapy services
in this state must be licensed pursuant to article 163 of the education
law to practice creative arts therapy in this state. Each partner of a
registered limited liability partnership formed to provide marriage and
family therapy services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice marriage and family therapy in
this state. Each partner of a registered limited liability partnership
formed to provide mental health counseling services in this state must
be licensed pursuant to article 163 of the education law to practice
mental health counseling in this state. Each partner of a registered
limited liability partnership formed to provide psychoanalysis services
in this state must be licensed pursuant to article 163 of the education
law to practice psychoanalysis in this state. Each partner of a regis-
tered limited liability partnership formed to provide applied behavior
analysis service in this state must be licensed or certified pursuant to
article 167 of the education law to practice applied behavior analysis
in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNER-
SHIP FORMED TO PROVIDE VISION IMPAIRMENT SPECIALIST SERVICES IN THIS
STATE MUST BE LICENSED OR CERTIFIED PURSUANT TO ARTICLE 169 OF THE
EDUCATION LAW TO PRACTICE AS A VISION IMPAIRMENT SPECIALIST IN THIS
STATE.
§ 10. Subdivision (q) of section 121-1502 of the partnership law, as
amended by chapter 475 of the laws of 2014, is amended to read as
follows:
(q) Each partner of a foreign limited liability partnership which
provides medical services in this state must be licensed pursuant to
article 131 of the education law to practice medicine in the state and
each partner of a foreign limited liability partnership which provides
dental services in the state must be licensed pursuant to article 133 of
the education law to practice dentistry in this state. Each partner of a
foreign limited liability partnership which provides veterinary service
in the state shall be licensed pursuant to article 135 of the education
law to practice veterinary medicine in this state. Each partner of a
foreign limited liability partnership which provides professional engi-
neering, land surveying, geological services, architectural and/or land-
scape architectural services in this state must be licensed pursuant to
article 145, article 147 and/or article 148 of the education law to
practice one or more of such professions. Each partner of a foreign
limited liability partnership which provides licensed clinical social
work services in this state must be licensed pursuant to article 154 of
S. 3381--A 13
the education law to practice licensed clinical social work in this
state. Each partner of a foreign limited liability partnership which
provides creative arts therapy services in this state must be licensed
pursuant to article 163 of the education law to practice creative arts
therapy in this state. Each partner of a foreign limited liability part-
nership which provides marriage and family therapy services in this
state must be licensed pursuant to article 163 of the education law to
practice marriage and family therapy in this state. Each partner of a
foreign limited liability partnership which provides mental health coun-
seling services in this state must be licensed pursuant to article 163
of the education law to practice mental health counseling in this state.
Each partner of a foreign limited liability partnership which provides
psychoanalysis services in this state must be licensed pursuant to arti-
cle 163 of the education law to practice psychoanalysis in this state.
Each partner of a foreign limited liability partnership which provides
applied behavior analysis services in this state must be licensed or
certified pursuant to article 167 of the education law to practice
applied behavior analysis in this state. EACH PARTNER OF A FOREIGN
LIMITED LIABILITY PARTNERSHIP WHICH PROVIDES VISION IMPAIRMENT SPECIAL-
IST SERVICES IN THIS STATE MUST BE LICENSED PURSUANT TO ARTICLE 169 OF
THE EDUCATION LAW TO PRACTICE AS A VISION IMPAIRMENT SPECIALIST IN THIS
STATE.
§ 11. a. Nothing in this act shall be construed as prohibiting a
person from performing the duties of a licensed vision impairment
specialist, in the course of such employment, if such person is employed
by programs licensed, certified, operated, or funded and regulated by
the office of children and family services including the commission for
the blind and visually impaired, the state education department or the
department of health; provided, however, that this section shall not
authorize the use of any title authorized pursuant to article 169 of the
education law.
b. On or before September 1, 2019, each office identified in subdivi-
sion a of this section that licenses, certifies, operates or funds and
regulates programs that employ individuals to provide services that
would otherwise be restricted to individuals licensed or authorized
under article 169 of the education law, shall submit to the commissioner
of education, in such form and detail as requested by such commissioner,
data in relation to: the number of individuals employed in exempt
programs licensed, certified, operated, or funded and regulated by each
office identified in subdivision a of this section on September 1, 2018
who are providing services that would otherwise be restricted to those
licensed or authorized under article 169 of the education law; and the
occupational title of individuals who on July 1, 2019 are not licensed
or otherwise authorized under title 8 of the education law, and who are
engaged in the practice of vision impairment specialist for the purpose
of providing vision impairment specialist services to persons who are
blind or visually impaired.
c. The commissioner of education, after receipt of this data and in
consultation with the offices identified in subdivision a of this
section, in consultation with not-for-profit providers, professional
associations, consumers and other key stakeholders, shall prepare a
report that recommends changes in any laws, rules or regulations neces-
sary to ensure appropriate licensure or other authorization of individ-
uals providing services that are within the restricted practice of
professions licensed or otherwise authorized under article 169 of the
education law. Such report shall include an estimate of the fiscal
S. 3381--A 14
impact of any such recommended changes and, to the extent practicable,
how such recommendations will result in improved outcomes. The commis-
sioner of education shall submit the report to the governor, the speaker
of the assembly, the temporary president of the senate, and the chairs
of the senate and assembly higher education committees by January 1,
2020. The commissioners of the agencies identified in subdivision a of
this section shall be provided an opportunity to include statements or
alternative recommendations in such report.
§ 12. This act shall take effect eighteen months after it shall have
become a law; provided, however, that section five of this act shall
take effect on the same date and in the same manner as section 6 of
chapter 347 of the laws of 2017, takes effect; provided, further, that
the provisions of subdivision a of section eleven of this act shall
expire July 1, 2020 when upon such date the provisions of such subdivi-
sion shall be deemed repealed. 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 implemen-
tation 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.
