S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4695
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2019
                                ___________
 
 Introduced  by Sens. PERSAUD, GRIFFO, FELDER, GALLIVAN, GAUGHRAN -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Higher Education
 
 AN  ACT to amend the education law, the social services law, the limited
   liability company law and the partnership  law,  in  relation  to  the
   licensing  of  vision  impairment  specialists;  and providing for the
   repeal of certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new article 169 to
 read as follows:
                                ARTICLE 169
                       VISION IMPAIRMENT SPECIALISTS
 SECTION 8900. INTRODUCTION.
         8901. DEFINITIONS.
         8902. USE OF TITLES.
         8903. STATE BOARD FOR VISION IMPAIRMENT SPECIALISTS.
         8904. REQUIREMENTS  FOR  A  LICENSE  WITH A SPECIALIZATION AS AN
                 ORIENTATION AND MOBILITY SPECIALIST.
         8905. REQUIREMENTS FOR A LICENSE  WITH  A  SPECIALIZATION  AS  A
                 VISION REHABILITATION THERAPIST.
         8906. LIMITED PERMITS.
         8907. EXEMPT PERSONS.
         8908. SPECIAL PROVISIONS.
         8909. SEPARABILITY.
   § 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
 IMPAIRMENT  SPECIALISTS,  AND  PROVIDES FOR THE LICENSING OF ORIENTATION
 AND MOBILITY  SPECIALISTS  AND  VISION  REHABILITATION  THERAPISTS.  THE
 GENERAL  PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE HUNDRED
 THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08052-01-9
              

 S. 4695                             2
 
   § 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
 SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
 THIS ARTICLE.

 S. 4695                             3
 
   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-
 REATE OR GRADUATE LEVEL PROGRAM OR A FOREIGN EQUIVALENT, SATISFACTORY TO
 THE DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;

 S. 4695                             4
 
   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;
 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-

 S. 4695                             5
 
 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
 physician, chiropractor, dentist, registered nurse, podiatrist,  optome-
 trist,   psychiatrist,  psychologist,  licensed  master  social  worker,
 licensed clinical  social  worker,  licensed  creative  arts  therapist,

 S. 4695                             6
 
 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
 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,

 S. 4695                             7
 
 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.
   §  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:

 S. 4695                             8
 
   (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
 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

 S. 4695                             9
 
 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
 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

 S. 4695                            10

 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
 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

 S. 4695                            11
 
 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
 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-

 S. 4695                            12
 
 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
 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

 S. 4695                            13
 
 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, 2020, 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, 2019
 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, 2020 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
 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

 S. 4695                            14
 
 of  the  assembly, the temporary president of the senate, and the chairs
 of the senate and assembly higher education  committees  by  January  1,
 2021.  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, further, that the provisions of subdivision a of
 section eleven of this act shall expire July 1, 2021 when upon such date
 the  provisions  of  such  subdivision  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 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.