S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5451--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2015
                                      ___________
       Introduced  by  M.  of  A. LUPARDO, GOTTFRIED, TITUS, PAULIN, ROSENTHAL,
         DINOWITZ, PERRY, BENEDETTO,  JAFFEE,  COLTON,  BROOK-KRASNY,  MORELLE,
         PEOPLES-STOKES,  LAVINE,  WEPRIN,  BRONSON, ZEBROWSKI, ROBERTS, ORTIZ,
         THIELE, MOYA, BRINDISI, SCARBOROUGH, CLARK, MOSLEY, GUNTHER,  SKOUFIS,
         BUCHWALD,  FAHY,  GOLDFEDER, MAGNARELLI, RYAN -- Multi-Sponsored by --
         M. of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRAUN-
         STEIN, BRENNAN, BUTLER, CAHILL, CERETTO, COOK, CORWIN, CRESPO, CROUCH,
         CURRAN, CUSICK,  CYMBROWITZ,  DAVILA,  DUPREY,  ENGLEBRIGHT,  FARRELL,
         FINCH,  FITZPATRICK,  GALEF, GARBARINO, GOODELL, GRAF, HAWLEY, HEVESI,
         HOOPER, JOHNS, KEARNS, KIM, LENTOL, LIFTON, LUPINACCI, MAGEE,  MALLIO-
         TAKIS,  MARKEY,  McDONALD,  McDONOUGH,  McKEVITT,  McLAUGHLIN, MILLER,
         MONTESANO, OAKS, PALMESANO,  RA,  RAIA,  RUSSELL,  SALADINO,  SCHIMEL,
         SIMANOWITZ,  STEC,  STECK,  TENNEY,  TITONE,  WALTER  -- read once and
         referred to the Committee on Higher Education -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       AN  ACT  to  amend  the  education  law, in relation to the licensing of
         orientation and mobility specialists and rehabilitation therapists
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new article 168 to
    2  read as follows:
    3                                 ARTICLE 168
    4                       VISION REHABILITATION SERVICES
    5  SECTION 8900. INTRODUCTION.
    6          8901. DEFINITIONS.
    7          8902. USE  OF  THE  TITLES  "LICENSED  ORIENTATION  AND MOBILITY
    8                  SPECIALISTS" AND "VISION REHABILITATION THERAPISTS".
    9          8903. STATE BOARD FOR VISION REHABILITATION SERVICES.
   10          8904. REQUIREMENTS FOR A LICENSE.
   11          8905. LIMITED PERMITS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07767-02-5
       A. 5451--A                          2
    1          8906. EXEMPT PERSONS.
    2          8907. SPECIAL PROVISIONS.
    3          8908. SEPARABILITY.
    4    S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
    5  REHABILITATION  SERVICES,  AND  PROVIDES  FOR  THE LICENSING OF LICENSED
    6  ORIENTATION AND MOBILITY SPECIALISTS AND  VISION  REHABILITATION  THERA-
    7  PISTS.  THE  GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
    8  ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
    9    S 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
   10  SHALL HAVE THE FOLLOWING MEANINGS:
   11    1. THE PRACTICE OF "ORIENTATION AND  MOBILITY  TRAINING"  SHALL  MEAN:
   12  (A)  THE  ASSESSMENT  OF  INDIVIDUAL  NEEDS  OF PERSONS WHO ARE VISUALLY
   13  IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN  STRATE-
   14  GIES  TO  GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
   15  DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE  PLANS  TAILORED  TO  MEET
   16  SUCH  INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
   17  PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
   18  DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
   19  IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR  PERSONS  WHO  ARE
   20  VISUALLY  IMPAIRED,  INCLUDING  BUT  NOT LIMITED TO ORIENTATION; SENSORY
   21  DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG  CANE  TECHNIQUES;
   22  RESOURCE  IDENTIFICATION  AND,  AS  APPROPRIATE, PROFESSIONAL REFERRALS;
   23  AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
   24  DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D)  THE
   25  EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
   26    2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
   27  ASSESSMENT  OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
   28  SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
   29  OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS  TAILORED  TO  MEET  SUCH
   30  INDIVIDUAL  NEEDS  AS  IDENTIFIED  IN  SUCH  ASSESSMENT PROCESS; (C) THE
   31  PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
   32  DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
   33  IMPAIRED, INCLUDING, IN APPLIED SETTINGS,  REINFORCING  INSTRUCTION  FOR
   34  THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
   35  GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
   36  ALLY  IMPAIRED,  INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
   37  CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT  SKILLS;
   38  HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
   39  AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION OF
   40  PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
   41    3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
   42  ING ASSESSMENT AND EVALUATION OF, AND  TRAINING  FOR,  PERSONS  WHO  ARE
   43  VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
   44  RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
   45  PROFESSIONS  DEFINED  IN  THIS  SECTION AS: (A) ORIENTATION AND MOBILITY
   46  TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES  SHALL  BE
   47  RENDERED  ON  THE  PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
   48  TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER  THAT
   49  NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
   50  WHEN  THE  PERSON  BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
   51  TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND  OR  LEGALLY  BLIND  AS  THOSE
   52  TERMS  ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
   53  ARE BEING RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS,  PRESCRIPTION  OR
   54  REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
   55  SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
       A. 5451--A                          3
    1    4.  "APPLIED  SETTINGS"  MEANS  THOSE  LOCATIONS WHERE PERSONS WHO ARE
    2  VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES  UTILIZING  THE  TOOLS
    3  SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
    4  THIS ARTICLE.
    5    5.  "VISUALLY  IMPAIRED"  MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
    6  BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS BLIND  IS  ONE  WHO  HAS  NO
    7  USEABLE  VISION.  A PERSON WHO IS LEGALLY BLIND IS ONE WHO SATISFIES THE
    8  DEFINITION SET FORTH IN SUBDIVISION B OF SECTION THREE OF  CHAPTER  FOUR
    9  HUNDRED  FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON WHO
   10  IS PARTIALLY SIGHTED IS ONE WHO HAS FUNCTIONAL  VISION  IMPAIRMENT  THAT
   11  CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
   12  DISEASE,  TRAUMA,  OR CONGENITAL CONDITION, THAT CANNOT BE FULLY AMELIO-
   13  RATED BY STANDARD REFRACTIVE CORRECTION,  MEDICATION,  OR  SURGERY,  AND
   14  THAT  IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT VISUAL
   15  RESOLUTION, INADEQUATE FIELD OF VISION OR REDUCED PEAK  CONTRAST  SENSI-
   16  TIVITY.
   17    S  8902. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
   18  ISTS" AND "VISION REHABILITATION THERAPISTS".   1.  PRACTICE  OF  ORIEN-
   19  TATION  AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
   20  AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR  OTHERWISE  AUTHOR-
   21  IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
   22  OR  USE  THE  TITLE  "LICENSED  ORIENTATION AND MOBILITY SPECIALISTS" IN
   23  CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
   24  HIS OR HER PROFESSION.
   25    2. PRACTICE OF VISION REHABILITATION THERAPY  AND  USE  OF  THE  TITLE
   26  "VISION  REHABILITATION  THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
   27  AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
   28  APY OR USE THE TITLE "VISION  REHABILITATION  THERAPIST"  IN  CONNECTION
   29  WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
   30  PROFESSION.
   31    S  8903. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
   32  FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY  THE  BOARD  OF
   33  REGENTS  UPON  THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
   34  ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  PROFES-
   35  SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
   36  SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST  OF  NOT
   37  LESS  THAN  FOURTEEN  INDIVIDUALS, FOUR OF WHOM SHALL BE LICENSED ORIEN-
   38  TATION AND MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE  LICENSED  VISION
   39  REHABILITATION  THERAPISTS,  ONE  OPHTHALMOLOGIST  SPECIALIZING  IN  LOW
   40  VISION TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW  VISION  TREATMENT
   41  AND  FOUR  OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE
   42  WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE  BOARD  FROM  ORGANIZA-
   43  TIONS  OF  THE BLIND OR VISUALLY IMPAIRED.  MEMBERS OF THE INITIAL BOARD
   44  NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO  THE  BOARD.  OF  THE
   45  MEMBERS  FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR TERM,
   46  FIVE SHALL BE APPOINTED  FOR  A  FOUR  YEAR  TERM,  AND  FIVE  SHALL  BE
   47  APPOINTED  FOR  A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR
   48  FIVE YEAR TERMS. IN THE  EVENT  THAT  MORE  THAN  FOURTEEN  MEMBERS  ARE
   49  APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
   50  TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
   51  APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
   52  TO  SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED
   53  BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.
   54    S 8904. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
   55  ORIENTATION AND MOBILITY SPECIALIST,  AN  APPLICANT  SHALL  FULFILL  THE
   56  FOLLOWING REQUIREMENTS:
       A. 5451--A                          4
    1    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
    2    (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
    3  APPROVED ORIENTATION AND  MOBILITY  CURRICULUM  IN  A  BACCALAUREATE  OR
    4  MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
    5  WHICH  IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
    6  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
    7    (II) HAVE A MINIMUM OF THREE  MONTHS  OF  SUPERVISED  ORIENTATION  AND
    8  MOBILITY  EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFAC-
    9  TORY TO THE STATE  BOARD  FOR  VISION  REHABILITATION  SERVICES  AND  IN
   10  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   11    (C)  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARD
   12  FOR VISION REHABILITATION SERVICES IN ACCORDANCE WITH THE COMMISSIONER'S
   13  REGULATIONS.
   14    (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   15    (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   16  MENT;
   17    (F) REGISTRATION: ALL LICENSED ORIENTATION  AND  MOBILITY  SPECIALISTS
   18  SHALL  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT IN ACCORDANCE WITH THE
   19  COMMISSIONER'S REGULATION;
   20    (G) MANDATORY CONTINUING COMPETENCY:  (I)(A) EACH LICENSED ORIENTATION
   21  AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
   22  ALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH  THE
   23  PROVISIONS   OF   THE   MANDATORY   CONTINUING  COMPETENCY  REQUIREMENTS
   24  PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
   25  CLAUSES (B) AND (C)  OF  THIS  SUBPARAGRAPH.  ORIENTATION  AND  MOBILITY
   26  SPECIALISTS  WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY
   27  REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE  UNTIL  THEY  HAVE  MET
   28  SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
   29  EXCEPT  THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE WITHOUT
   30  HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
   31  TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   32    (B) ORIENTATION AND MOBILITY SPECIALISTS  SHALL  BE  EXEMPT  FROM  THE
   33  MANDATORY  CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGISTRA-
   34  TION PERIOD DURING WHICH THEY ARE FIRST LICENSED.    ADJUSTMENT  TO  THE
   35  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED BY THE
   36  DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED  BY  AN
   37  APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
   38  ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
   39  THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   40    (C) A LICENSED ORIENTATION AND  MOBILITY  SPECIALIST  NOT  ENGAGED  IN
   41  PRACTICE,  AS  DETERMINED  BY  THE  DEPARTMENT, SHALL BE EXEMPT FROM THE
   42  MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A  STATE-
   43  MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
   44  TO  PRACTICE  OF  THE  PROFESSION OF ORIENTATION AND MOBILITY SPECIALIST
   45  DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
   46  PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
   47  UING  COMPETENCY  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF
   48  THE COMMISSIONER.
   49    (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   50  TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
   51  MUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE  LEARNING  ACTIVITIES  WHICH
   52  CONTRIBUTE  TO  CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV)
   53  OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE
   54  IN RECOGNIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL  SCOPE  OF  A
   55  LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
   56  ITY  SPECIALIST  WHOSE  FIRST  REGISTRATION DATE FOLLOWING THE EFFECTIVE
       A. 5451--A                          5
    1  DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS  FROM  SUCH  EFFECTIVE
    2  DATE,  BUT  ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, SHALL
    3  COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE  OF
    4  ONE-HALF  HOUR  PER  MONTH  FOR  THE PERIOD BEGINNING JANUARY FIRST, TWO
    5  THOUSAND SIXTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
    6  SEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING  COMPETENCY  REQUIRE-
    7  MENTS  SHALL  NOT  BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE
    8  DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL  REGIS-
    9  TRATION  CERTIFICATE  IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF
   10  THIS PARAGRAPH. CONTINUING COMPETENCY HOURS TAKEN DURING  ONE  TRIENNIUM
   11  MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   12    (III)  THE  DEPARTMENT,  IN  ITS  DISCRETION,  MAY ISSUE A CONDITIONAL
   13  REGISTRATION TO A LICENSEE WHO FAILS TO MEET THE  CONTINUING  COMPETENCY
   14  REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
   15  AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
   16  ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
   17  TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
   18  FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
   19  TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
   20  YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
   21  FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
   22  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
   23  REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
   24  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   25    (IV)  AS  USED  IN  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, "ACCEPTABLE
   26  LEARNING ACTIVITIES" SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE  TO  THE
   27  PROFESSIONAL  PRACTICE  OF  AN  ORIENTATION  AND MOBILITY SPECIALIST AND
   28  WHICH MEET THE STANDARDS PRESCRIBED IN THE REGULATIONS  OF  THE  COMMIS-
   29  SIONER.  SUCH  LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,
   30  COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES,  SELF-STUDY  ACTIVITIES,
   31  INDEPENDENT  STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFES-
   32  SIONAL  JOURNALS,  PROFESSIONAL  DEVELOPMENT  PROGRAMS   AND   TECHNICAL
   33  SESSIONS;  SUCH  LEARNING  ACTIVITIES  MAY  BE  OFFERED AND SPONSORED BY
   34  NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZA-
   35  TIONS  OR  PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED
   36  EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE  DEPART-
   37  MENT.  RECOGNIZED  AREAS  OF  STUDY SHALL INCLUDE BUT NOT BE LIMITED TO:
   38  KNOWLEDGE AND SKILLS  TRAINING  IN  ORIENTATION,  MOBILITY,  NAVIGATION,
   39  INDEPENDENT  LIVING,  COMMUNICATIONS AND USE OF PRESCRIBED AND, ADAPTIVE
   40  OPTICAL DEVICES; UTILIZATION OF  SPECIALIZED  TECHNIQUES  AND  EQUIPMENT
   41  INTENDED  FOR  USE  BY  PERSONS  WHO  ARE VISUALLY IMPAIRED; THE MEDICAL
   42  ASPECTS OF VISION LOSS AND ITS FUNCTIONAL  IMPACT  ON  PERSONS  WHO  ARE
   43  VISUALLY  IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS APPRO-
   44  PRIATELY RELATED TO THE PRACTICE OF VISION  REHABILITATION  SERVICES  AS
   45  MAY  BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
   46  ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
   47  CONTRIBUTE TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE  THE
   48  COMPLETION  OF  CONTINUING  COMPETENCY  LEARNING  ACTIVITIES IN SPECIFIC
   49  SUBJECTS TO FULFILL THIS MANDATORY  CONTINUING  COMPETENCY  REQUIREMENT.
   50  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
   51  MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   52    (V)  ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL  MAINTAIN ADEQUATE
   53  DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING
   54  ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE  REQUEST  OF  THE
   55  DEPARTMENT.  FAILURE  TO  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF
       A. 5451--A                          6
    1  THE DEPARTMENT SHALL BE AN ACT OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
    2  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
    3    (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
    4  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
    5  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
    6  FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
    7    (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
    8  LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
    9  REGISTRATION PERIOD.
   10    2. TO QUALIFY FOR A LICENSE AS A VISION  REHABILITATION  THERAPIST  AN
   11  APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   12    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   13    (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
   14  APPROVED VISION REHABILITATION THERAPIST CURRICULUM IN  A  BACCALAUREATE
   15  OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
   16  MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
   17  PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
   18    (II) HAVE A MINIMUM OF THREE MONTHS  OF  SUPERVISED  VISION  REHABILI-
   19  TATION  THERAPIST  EXPERIENCE  WHICH SUPERVISION AND EXPERIENCE SHALL BE
   20  SATISFACTORY TO THE STATE BOARD FOR VISION REHABILITATION  SERVICES  AND
   21  IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   22    (C)  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARD
   23  FOR VISION REHABILITATION SERVICES IN ACCORDANCE WITH THE COMMISSIONER'S
   24  REGULATIONS.
   25    (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   26    (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   27  MENT;
   28    (F) REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS  SHALL
   29  REGISTER  TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
   30  SIONER'S REGULATIONS;
   31    (G) MANDATORY CONTINUING COMPETENCY:   (I) (A)  EACH  LICENSED  VISION
   32  REHABILITATION  THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIEN-
   33  NIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE  SHALL  COMPLY  WITH
   34  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY REQUIREMENTS
   35  PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
   36  CLAUSES (B) AND (C) OF THIS PARAGRAPH.  VISION REHABILITATION THERAPISTS
   37  WHO DO NOT SATISFY  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS
   38  SHALL  NOT  BE  AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET SUCH REQUIRE-
   39  MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
   40  A VISION REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING  MET  SUCH
   41  REQUIREMENTS  IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION PURSUANT
   42  TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   43    (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
   44  RY CONTINUING COMPETENCY  REQUIREMENT  FOR  THE  TRIENNIAL  REGISTRATION
   45  PERIOD DURING WHICH THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE MANDATO-
   46  RY  CONTINUING  COMPETENCY REQUIREMENTS MAY BE GRANTED BY THE DEPARTMENT
   47  FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN  APPROPRIATE
   48  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
   49  OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPART-
   50  MENT WHICH MAY PREVENT COMPLIANCE.
   51    (C) A LICENSED VISION REHABILITATION THERAPIST NOT  ENGAGED  IN  PRAC-
   52  TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
   53  RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
   54  THE  DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO PRAC-
   55  TICE OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL  REGISTRATION
   56  PERIOD  SHALL  NOTIFY  THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION
       A. 5451--A                          7
    1  AND SHALL MEET SUCH  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  AS
    2  SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
    3    (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
    4  TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
    5  TWENTY-FOUR  HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE TO
    6  CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV) OF  THIS  PARA-
    7  GRAPH,  PROVIDED  FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE IN RECOG-
    8  NIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF  A  LICENSED
    9  VISION  REHABILITATION  THERAPIST.  ANY  VISION REHABILITATION THERAPIST
   10  WHOSE FIRST REGISTRATION DATE  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
   11  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
   12  AFTER  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, SHALL COMPLETE CONTINUING
   13  COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF  HOUR  PER
   14  MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN UP TO
   15  THE  FIRST  REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATIS-
   16  FIED THE MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  SHALL  NOT  BE
   17  ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
   18  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS
   19  ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  CONTIN-
   20  UING  COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
   21  TO A SUBSEQUENT TRIENNIUM.
   22    (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
   23  REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
   24  REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
   25  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
   26  ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
   27  TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
   28  FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
   29  TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
   30  YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
   31  FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
   32  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
   33  REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
   34  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   35    (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
   36  LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
   37  PROFESSIONAL PRACTICE OF A VISION  REHABILITATION  THERAPIST  AND  WHICH
   38  MEET  THE  STANDARDS  PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER.
   39  SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLEGI-
   40  ATE  LEVEL  CREDIT  AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDE-
   41  PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
   42  JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
   43  LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE  AND
   44  LOCAL  PROFESSIONAL  ASSOCIATIONS  AND  OTHER  ORGANIZATIONS  OR PARTIES
   45  ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND
   46  TECHNICAL  LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.  RECOGNIZED
   47  AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
   48  TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
   49  ORIENTATION, USE OF PRESCRIBED AND, ADAPTIVE OPTICAL  DEVICES;  UTILIZA-
   50  TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
   51  WHO  ARE  VISUALLY  IMPAIRED; THE MEDICAL ASPECTS OF VISION LOSS AND ITS
   52  FUNCTIONAL IMPACT ON PERSONS WHO ARE VISUALLY IMPAIRED; AND  SUCH  OTHER
   53  TECHNICAL  SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE OF
   54  VISION REHABILITATION SERVICES AS MAY BE SATISFACTORY TO THE  BOARD  AND
   55  IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY,
   56  IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND  WELFARE
       A. 5451--A                          8
    1  OF  THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY LEARNING
    2  ACTIVITIES IN SPECIFIC SUBJECTS TO  FULFILL  THIS  MANDATORY  CONTINUING
    3  COMPETENCY  REQUIREMENT.  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPON-
    4  SOR  APPROVED  BY  THE  DEPARTMENT,  PURSUANT  TO THE REGULATIONS OF THE
    5  COMMISSIONER.
    6    (V) VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE  DOCUMEN-
    7  TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
    8  ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
    9  MENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION UPON THE REQUEST OF THE
   10  DEPARTMENT SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
   11  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   12    (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
   13  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
   14  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
   15  FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
   16    (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
   17  LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
   18  REGISTRATION PERIOD.
   19    S 8905. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
   20  AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
   21  FOLLOWS:
   22    1.  ELIGIBILITY.  A PERSON WHO FULFILLS ALL REQUIREMENTS FOR AN ORIEN-
   23  TATION AND  MOBILITY  SPECIALIST  OR  VISION  REHABILITATION  THERAPIST,
   24  EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
   25  PERMIT.
   26    2.  LIMIT  OF  PRACTICE.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
   27  UNDER THE DIRECT SUPERVISION OF  A  LICENSED  ORIENTATION  AND  MOBILITY
   28  SPECIALIST OR A VISION REHABILITATION THERAPIST.
   29    3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
   30  ISSUANCE OR UPON NOTICE TO THE PERMITTEE  BY  THE  DEPARTMENT  THAT  THE
   31  APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
   32  TEE  OF  FAILURE  ON  THE  PROFESSIONAL LICENSING EXAMINATION, WHICHEVER
   33  FIRST OCCURS.
   34    4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   35    S 8906. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO  AFFECT
   36  OR  PREVENT  THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
   37  SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY  THE  IMPRESSION  THAT
   38  THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
   39  SPECIALIST OR VISION REHABILITATION THERAPIST:
   40    1.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
   41  BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
   42  ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
   43  AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
   44    2. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
   45  INCLUDED  IN  THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
   46  OTHER DULY LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH  CARE  PROVIDER,
   47  PROVIDED  THAT  SUCH  DUTIES,  TASKS AND RESPONSIBILITIES ARE WITHIN THE
   48  SCOPE OF HIS OR HER PRACTICE AS DEFINED  IN  THIS  ARTICLE  PURSUANT  TO
   49  WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
   50  ER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE
   51  "LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
   52  ORIENTATION AND MOBILITY TRAINING.
   53    3. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
   54  INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
   55  DULY  LICENSED,  CERTIFIED  OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
   56  THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
       A. 5451--A                          9
    1  OR HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S  REGULATION
    2  PURSUANT  TO  WHICH  SUCH  PERSON  IS LICENSED, CERTIFIED OR REGISTERED;
    3  PROVIDED, HOWEVER, THAT SUCH PRACTITIONERS MAY NOT HOLD  THEMSELVES  OUT
    4  UNDER THE TITLE "LICENSED VISION REHABILITATION THERAPIST".
    5    4.  THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
    6  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE  WITHIN
    7  THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
    8  ANY  PERSON  REGISTERED  TO  PERFORM  SERVICES  AS A PHYSICIAN ASSISTANT
    9  PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
   10    5. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
   11  BILITATION  THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF ORIENTATION
   12  AND MOBILITY TRAINING OR VISION  REHABILITATION  THERAPY  OF  ANY  OTHER
   13  STATE  OR  TERRITORY  WHO  IS  SERVING IN THE ARMED FORCES OR THE PUBLIC
   14  HEALTH SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE  OF
   15  HIS OR HER DUTIES.
   16    6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
   17    7.  THE  PROVISION  OF  ORIENTATION  AND MOBILITY TRAINING SERVICES AS
   18  DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-NINE HUNDRED  ONE  OF  THIS
   19  TITLE  OR VISION REHABILITATION THERAPY AS DEFINED IN SUBDIVISION TWO OF
   20  SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE TO THE EXTENT  PERMISSIBLE
   21  WITHIN  THE  SCOPE  OF  PRACTICE  OF  ORIENTATION  AND MOBILITY TRAINING
   22  SERVICES OR VISION REHABILITATION SERVICES, BY ANY NOT-FOR-PROFIT CORPO-
   23  RATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE  STATE  OF
   24  NEW  YORK  AND  OPERATING  UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE
   25  HUNDRED THREE-A OF THIS TITLE,  PROVIDED  THAT  SUCH  ENTITIES  OFFERING
   26  ORIENTATION  AND  MOBILITY  TRAINING  SERVICES  OR VISION REHABILITATION
   27  SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN  INDIVIDUAL  APPRO-
   28  PRIATELY  LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
   29  PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   30    S 8907. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED  WITHOUT  EXAM-
   31  INATION  PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
   32  ARTICLE, SUCH PERSON:
   33    1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO  THE  DEPART-
   34  MENT;
   35    2.  (A)  HOLDS  A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
   36  MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
   37  ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR  EQUIVALENT
   38  AS  DETERMINED  BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
   39  BILITATION THERAPY; OR (C) HOLDS  A  BACHELOR'S  DEGREE  OR  HIGHER,  OR
   40  EQUIVALENT  AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
   41  IN SPECIAL EDUCATION AND (I) HAS  COMPLETED  ALL  ADDITIONALLY  REQUIRED
   42  ELEMENTS  OF  THE  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
   43  TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD  AND  IN  ACCORDANCE
   44  WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  (II)  HAS BEEN CERTIFIED IN
   45  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY  A
   46  NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
   47    3.  SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
   48  MENT IN THE PRACTICE OF ORIENTATION  AND  MOBILITY  TRAINING  OR  VISION
   49  REHABILITATION  THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
   50  THE COMMISSIONER'S REGULATIONS, WHETHER SUCH  EXPERIENCE  OR  EMPLOYMENT
   51  OCCURS WITHIN OR WITHOUT THIS STATE.
   52    S 8908. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
   53  SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
   54  SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
   55  ANY OTHER SECTION OR PART THEREOF.
       A. 5451--A                         10
    1    S  2.  This  act shall take effect eighteen months after it shall have
    2  become a law; provided, however, that paragraph (g) of subdivision 1  of
    3  section  8904  of  the education law as added by section one of this act
    4  shall take effect fifty-four months after it shall have  become  a  law.
    5  The commissioner of education and the board of regents are authorized to
    6  promulgate such rules and regulations and take any other measures as may
    7  be  necessary for the timely implementation of this act on or before its
    8  effective date, including but not limited  to  the  appointment  of  the
    9  state board for vision rehabilitation services, the acceptance and proc-
   10  essing of applications for licensure, and the issuance of licenses.