S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    247
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. PERSAUD, GRIFFO, GALLIVAN, HELMING, JACKSON, WEBB --
   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.
              

                                                            LBD00914-01-5
 S. 247                              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. 247                              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 HUNDRED 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 THEIR NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF  THEIR  PROFES-
 SION.
   §  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  ORIENTATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHA-
 BILITATION THERAPISTS. THE MEMBERS OF THE  BOARD  SHALL  SELECT  ONE  OF
 THEMSELVES AS CHAIR TO SERVE FOR A ONE-YEAR TERM. AN EXECUTIVE SECRETARY
 SHALL  BE  APPOINTED  BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF
 THE COMMISSIONER.
   § 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. 247                              4
 
 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  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
 S. 247                              5
 
 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 THEMSELF  OUT,  OR  ACCEPT
 EMPLOYMENT,  AS  A  PERSON  LICENSED  TO PRACTICE AS A VISION IMPAIRMENT
 SPECIALIST UNDER THE PROVISIONS OF THIS ARTICLE; PROVIDED, HOWEVER, THAT
 IF SUCH PERSON IS REMUNERATED, THE PERSON DOES NOT HOLD THEMSELF 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 479 of the laws of 2022, 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-
 S. 247                              6
 
 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 developmental disabil-
 ities  and  voluntary  reporting  of  abused  or neglected adults to the
 office for people with developmental disabilities  or  the  local  adult
 protective  services unit.   Each applicant shall provide the department
 with documentation showing that [he or she has] THEY HAVE 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 satisfac-
 tion, that there would be no need because of the nature of [his or  her]
 THEIR practice for [him or her] THEM to complete such training;
   §  3-a.  Paragraph a of subdivision 3 of section 6507 of the education
 law, as amended by chapter 733 of the laws of 2023, 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,
 licensed  marriage  and family therapist, licensed mental health counse-
 lor,  licensed  psychoanalyst,  dental  hygienist,   licensed   behavior
 analyst, certified behavior analyst assistant, [or] athletic trainer, 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 statu-
 tory 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
 S. 247                              7
 
 afforded reporters, and the consequences for  failing  to  report.  Such
 coursework  or training may also include information regarding the phys-
 ical and behavioral indicators of the abuse of individuals with develop-
 mental  disabilities  and  voluntary  reporting  of  abused or neglected
 adults to the office for people with developmental disabilities  or  the
 local  adult protective services unit.  Each applicant shall provide the
 department with documentation showing that [he or  she  has]  THEY  HAVE
 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] THEIR practice for [him or her] THEM 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,
 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]  ADDICTION  SERVICES   AND
 SUPPORTS;  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
 S. 247                              8
 
 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.
   § 4-a. Paragraph (a) of subdivision 1 of section  413  of  the  social
 services  law, as amended by chapter 733 of the laws of 2023, 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;
 athletic  trainer;  psychologist; registered nurse; social worker; emer-
 gency medical technician; 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  counse-
 lor,  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 profes-
 sional coaching certificate; social services worker; employee of a publ-
 icly-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 counselor; alcoholism counselor; all persons credentialed  by  the
 office  of  [alcoholism and substance abuse services] ADDICTION SERVICES
 AND SUPPORTS; employees, who are expected to have regular  and  substan-
 tial contact with children, of a health home or health home care manage-
 ment  agency contracting with a health home as designated by the depart-
 ment 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; inves-
 tigator  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:
 S. 247                              9
 
   § 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] THEM  to  complete  such  course
 work or training because of the nature of [his or her] THEIR practice or
 (ii)  that  [he  or she has] THEY HAVE 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 organizations representative of professions, insti-
 tutions and those with expertise 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.
   § 5-a. Section 6505-b of the education law, as amended by chapter  733
 of the laws of 2023, is amended to read as follows:
   § 6505-b. Course  work  or  training  in  infection control practices.
 Every dentist, registered  nurse,  licensed  practical  nurse,  LICENSED
 VISION IMPAIRMENT SPECIALIST, podiatrist, optometrist, athletic trainer,
 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 prac-
 tice 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 consistent, as far as appropriate, with such standards  adopted
 by  the department 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 registration commencing with the first registration  after  July
 first,  nineteen 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
 S. 247                             10
 
 an exemption and who (i) clearly demonstrates to the department's satis-
 faction  that  there  would be no need for [him or her] THEM to complete
 such course work or training because of the nature of [his or her] THEIR
 practice or (ii) that [he or she has] THEY HAVE 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   organizations   representative   of
 professions,  institutions and those with expertise 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:
   (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
 S. 247                             11
 
 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
 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 701 of the laws of 2023, 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 public accountancy services as
 such services are defined in article  149  of  the  education  law  each
 S. 247                             12
 
 member  of such limited liability company whose principal place of busi-
 ness is in this state and who provides public accountancy services, must
 be licensed pursuant to article 149 of the  education  law  to  practice
 public accountancy 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  educa-
 tion  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 profes-
 sional 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  crea-
 tive  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 liabil-
 ity company must be licensed or certified pursuant to article 167 of the
 education law to practice applied behavior analysis  in  this  state.  A
 professional service limited liability company formed to lawfully engage
 in  the  practice  of  public accountancy as a firm, as such practice is
 defined under article 149 of the education law shall be required to show
 (1) that a simple majority of the ownership of the  firm,  in  terms  of
 financial interests and voting rights held by the firm's owners, belongs
 to  individuals  licensed  to practice public accountancy in some state,
 and (2) that all members  of  a  limited  professional  service  limited
 liability  company,  whose principal place of business is in this state,
 and who are engaged in the practice of public accountancy in this state,
 hold a valid license issued under section seventy-four hundred  four  of
 the  education  law. For purposes of this subdivision, "financial inter-
 est" means capital stock, capital accounts, capital contributions, capi-
 tal interest, or interest in undistributed earnings of a business  enti-
 ty.  Although firms registered with the education department may include
 non-licensee owners, a registered firm and its owners must  comply  with
 rules  promulgated  by  the  state board of regents. Notwithstanding the
 foregoing, a firm registered with the education department may not  have
 non-licensee  owners  if  the  firm's name includes the words "certified
 public accountant," or "certified public accountants," or  the  abbrevi-
 ations "CPA" or "CPAs". Each non-licensee owner of a firm that is regis-
 tered  under  this  section  shall  be (1) a natural person who actively
 participates in the business of the firm or its affiliated entities,  or
 (2)  an  entity, including, but not limited to, a partnership or profes-
 S. 247                             13
 
 sional corporation, provided each beneficial owner of an equity interest
 in such entity is a natural person  who  actively  participates  in  the
 business  conducted by the firm or its affiliated entities. For purposes
 of this subdivision, "actively participate" means to provide services to
 clients  or  to otherwise individually take part in the day-to-day busi-
 ness or management of the firm or an affiliated entity. 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.
   § 8. Subdivision (a) of section 1301 of the limited liability  company
 law,  as  amended by chapter 701 of the laws of 2023, 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
 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
 S. 247                             14
 
 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 public accountancy services as such services are defined
 in article 149 of the education law, each member of such foreign profes-
 sional service limited liability company whose principal place of  busi-
 ness  is  in  this  state  and who provides public accountancy services,
 shall be licensed pursuant to article 149 of the education law to  prac-
 tice public accountancy in this state. With respect to a foreign profes-
 sional  service  limited liability company which provides licensed clin-
 ical 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 practice 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  prac-
 tice  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 arti-
 cle 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  analysis  services  as such
 services are defined in article 167 of the education 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. A foreign professional
 service limited liability company formed to lawfully engage in the prac-
 tice of public accountancy as a firm, as such practice is defined  under
 article  149  of  the education law shall be required to show (1) that a
 simple majority of the ownership of the  firm,  in  terms  of  financial
 interests  and voting rights held by the firm's owners, belongs to indi-
 viduals licensed to practice public accountancy in some state,  and  (2)
 that  all  members  of  a  foreign  limited professional service limited
 liability company, whose principal place of business is in  this  state,
 and who are engaged in the practice of public accountancy in this state,
 hold  a  valid license issued under section seventy-four hundred four of
 the education law. For purposes of this subdivision,  "financial  inter-
 est" means capital stock, capital accounts, capital contributions, capi-
 tal  interest, or interest in undistributed earnings of a business enti-
 ty.  Although firms registered with the education department may include
 non-licensee owners, a registered firm and its owners must  comply  with
 S. 247                             15
 
 rules  promulgated  by  the  state board of regents. Notwithstanding the
 foregoing, a firm registered with the education department may not  have
 non-licensee  owners  if  the  firm's name includes the words "certified
 public  accountant,"  or "certified public accountants," or the abbrevi-
 ations "CPA" or "CPAs". Each non-licensee owner of a firm that is regis-
 tered under this section shall be (1)  a  natural  person  who  actively
 participates  in the business of the firm or its affiliated entities, or
 (2) an entity, including, but not limited to, a partnership  or  profes-
 sional corporation, provided each beneficial owner of an equity interest
 in  such  entity  is  a  natural person who actively participates in the
 business conducted by the firm or its affiliated entities. For  purposes
 of this subdivision, "actively participate" means to provide services to
 clients  or  to otherwise individually take part in the day-to-day busi-
 ness or management of the firm or an affiliated entity. 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 PROFES-
 SIONAL 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  701  of  the  laws  of 2023, 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-
 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  public accountancy services as a firm, whose principal place of
 business is in this state and who provides public accountancy  services,
 must  be  licensed pursuant to article 149 of the education law to prac-
 tice public accountancy in this state.  Each  partner  of  a  registered
 limited  liability  partnership formed to provide professional engineer-
 ing, land surveying, geological services, architectural and/or landscape
 architectural services in this state must be licensed pursuant to  arti-
 cle 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 regis-
 tered 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 clinical 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 article 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
 S. 247                             16
 
 to provide psychoanalysis services in this state must be licensed pursu-
 ant  to  article  163 of the education law to practice psychoanalysis in
 this state. Each partner of a registered 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. A  registered  limited
 liability  partnership  formed  to  lawfully  engage  in the practice of
 public accountancy as a firm, as such practice is defined under  article
 149  of  the  education law, shall be required to show (1) that a simple
 majority of the ownership of the firm, in terms of  financial  interests
 and  voting  rights  held  by  the firm's owners, belongs to individuals
 licensed to practice public accountancy in some state, and (2) that  all
 partners  of  a  limited  liability partnership whose principal place of
 business is in this state, and who are engaged in the practice of public
 accountancy in this state, hold a valid  license  issued  under  section
 seventy-four  hundred  four  of  the education law. For purposes of this
 subdivision, "financial interest" means capital stock, capital accounts,
 capital contributions, capital interest, or  interest  in  undistributed
 earnings of a business entity. Although firms registered with the educa-
 tion department may include non-licensee owners, the firm and its owners
 must  comply  with  rules  promulgated  by  the  state board of regents.
 Notwithstanding the foregoing, a  firm  registered  with  the  education
 department  may not have non-licensee owners if the firm's name includes
 the words "certified public accountant," or "certified public accounts,"
 or the abbreviations "CPA" or "CPAs". Each non-licensee owner of a  firm
 that  is  formed  under  this  section shall be (1) a natural person who
 actively participates in the business of  the  firm  or  its  affiliated
 entities, or (2) an entity, including, but not limited to, a partnership
 or professional corporation, provided each beneficial owner of an equity
 interest in such entity is a natural person who actively participates in
 the  business  conducted  by  the  firm  or its affiliated entities. For
 purposes of this subdivision, "actively participate"  means  to  provide
 services  to  clients or to otherwise individually take part in the day-
 to-day business or management of the firm or an affiliated entity.  EACH
 PARTNER  OF A REGISTERED LIMITED LIABILITY PARTNERSHIP 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  701  of  the  laws  of 2023, 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  formed  to  provide  public accountancy
 S. 247                             17
 
 services as a firm, whose principal place of business is in  this  state
 and  who provides public accountancy services, must be licensed pursuant
 to article 149 of the education law to practice  public  accountancy  in
 this  state.  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 pursuant to article 163 of the
 education law to practice creative arts  therapy  in  this  state.  Each
 partner  of  a  foreign  limited  liability  partnership  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  liabil-
 ity partnership which provides 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
 foreign  limited  liability  partnership  which  provides 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 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  analy-
 sis  in  this  state.  A foreign limited liability partnership formed to
 lawfully engage in the practice of public accountancy as a firm, as such
 practice is defined under article 149 of the  education  law,  shall  be
 required  to  show  (1)  that  a simple majority of the ownership of the
 firm, in terms of financial interests and  voting  rights  held  by  the
 firm's  owners,  belongs  to  individuals  licensed  to  practice public
 accountancy in some state, and (2) that  all  partners  of  the  foreign
 limited  liability  partnership  whose principal place of business is in
 this state, and who are engaged in the practice of public accountancy in
 this state, hold a  valid  license  issued  under  section  seventy-four
 hundred  four  of  the  education law. For purposes of this subdivision,
 "financial interest" means  capital  stock,  capital  accounts,  capital
 contributions,  capital  interest, or interest in undistributed earnings
 of a business entity.  Although  firms  registered  with  the  education
 department  may  include  non-licensee owners, a registered firm and its
 owners must comply with rules promulgated by the state board of regents.
 Notwithstanding the foregoing, a  firm  registered  with  the  education
 department  may not have non-licensee owners if the firm's name includes
 the words "certified public accountant," or "certified  public  account-
 ants,"  or the abbreviations "CPA" or "CPAs". Each non-licensee owner of
 a firm that is formed under this section shall be (1) a  natural  person
 who  actively participates in the business of the firm or its affiliated
 entities, or (2) an entity, including, but not limited to, a partnership
 or professional corporation, provided that each beneficial owner  of  an
 equity  interest in such entity is a natural person who actively partic-
 ipates in the business conducted by the firm or its affiliated entities.
 For purposes  of  this  subdivision,  "actively  participate"  means  to
 provide  services  to  clients or to otherwise individually take part in
 the day-to-day business or management of the firm or an affiliated enti-
 ty. EACH PARTNER  OF  A  FOREIGN  LIMITED  LIABILITY  PARTNERSHIP  WHICH
 PROVIDES  VISION  IMPAIRMENT  SPECIALIST  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.
 S. 247                             18
 
   §  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, 2026, 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,  2025
 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, 2026 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
 of the assembly, the temporary president of the senate, and  the  chairs
 of  the  senate  and  assembly higher education committees by January 1,
 2027. 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 if chapter 733 of the laws of 2023
 shall  not  have  taken  effect  on  or  before  such date then sections
 three-a, four-a and five-a of this act shall take  effect  on  the  same
 date  and  in  the same manner as such chapter of the laws of 2023 takes
 effect; provided, further, that  the  provisions  of  subdivision  a  of
 section eleven of this act shall expire July 1, 2027 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.