S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5451
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 23, 2015
                                      ___________
       Introduced  by  M.  of  A. LUPARDO, GOTTFRIED, TITUS, PAULIN, ROSENTHAL,
         DINOWITZ, PERRY, BENEDETTO,  JAFFEE,  COLTON,  BROOK-KRASNY,  MORELLE,
         PEOPLES-STOKES,  LAVINE,  WEPRIN,  BRONSON, ZEBROWSKI, ROBERTS, ORTIZ,
         THIELE, MOYA, BRINDISI, SCARBOROUGH, CLARK, MOSLEY, GUNTHER,  SKOUFIS,
         BUCHWALD,  FAHY,  GOLDFEDER, MAGNARELLI, RYAN -- Multi-Sponsored by --
         M. of A. ABBATE, ABINANTI, ARROYO, AUBRY, BARCLAY, BLANKENBUSH, BRAUN-
         STEIN, BRENNAN, BUTLER, CAHILL, CAMARA, CERETTO, COOK, CORWIN, CRESPO,
         CROUCH,  CURRAN,  CUSICK,  CYMBROWITZ,  DAVILA,  DUPREY,  ENGLEBRIGHT,
         FARRELL,  FINCH, FITZPATRICK, GALEF, GARBARINO, GOODELL, GRAF, HAWLEY,
         HEVESI, HOOPER, JOHNS, KEARNS, KIM, LENTOL, LIFTON, LUPINACCI,  MAGEE,
         MALLIOTAKIS,  MARKEY, McDONALD, McDONOUGH, McKEVITT, McLAUGHLIN, MILL-
         ER, MONTESANO, OAKS, PALMESANO, RA, RAIA, RUSSELL, SALADINO,  SCHIMEL,
         SIMANOWITZ,  STEC,  STECK,  TENNEY,  TITONE,  WALTER  -- read once and
         referred to the Committee on Higher Education
       AN ACT to amend the education law,  in  relation  to  the  licensing  of
         orientation and mobility specialists and rehabilitation therapists
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    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.
   12          8906. EXEMPT PERSONS.
   13          8907. SPECIAL PROVISIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07767-01-5
       A. 5451                             2
    1          8908. SEPARABILITY.
    2    S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
    3  REHABILITATION  SERVICES,  AND  PROVIDES  FOR  THE LICENSING OF LICENSED
    4  ORIENTATION AND MOBILITY SPECIALISTS AND  VISION  REHABILITATION  THERA-
    5  PISTS.  THE  GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
    6  ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
    7    S 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
    8  SHALL HAVE THE FOLLOWING MEANINGS:
    9    1. THE PRACTICE OF "ORIENTATION AND  MOBILITY  TRAINING"  SHALL  MEAN:
   10  (A)  THE  ASSESSMENT  OF  INDIVIDUAL  NEEDS  OF PERSONS WHO ARE VISUALLY
   11  IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN  STRATE-
   12  GIES  TO  GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
   13  DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE  PLANS  TAILORED  TO  MEET
   14  SUCH  INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
   15  PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
   16  DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
   17  IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR  PERSONS  WHO  ARE
   18  VISUALLY  IMPAIRED,  INCLUDING  BUT  NOT LIMITED TO ORIENTATION; SENSORY
   19  DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG  CANE  TECHNIQUES;
   20  RESOURCE  IDENTIFICATION  AND,  AS  APPROPRIATE, PROFESSIONAL REFERRALS;
   21  AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
   22  DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D)  THE
   23  EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
   24    2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
   25  ASSESSMENT  OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
   26  SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
   27  OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS  TAILORED  TO  MEET  SUCH
   28  INDIVIDUAL  NEEDS  AS  IDENTIFIED  IN  SUCH  ASSESSMENT PROCESS; (C) THE
   29  PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
   30  DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
   31  IMPAIRED, INCLUDING, IN APPLIED SETTINGS,  REINFORCING  INSTRUCTION  FOR
   32  THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
   33  GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
   34  ALLY  IMPAIRED,  INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
   35  CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT  SKILLS;
   36  HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
   37  AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION OF
   38  PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
   39    3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
   40  ING ASSESSMENT AND EVALUATION OF, AND  TRAINING  FOR,  PERSONS  WHO  ARE
   41  VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
   42  RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
   43  PROFESSIONS  DEFINED  IN  THIS  SECTION AS: (A) ORIENTATION AND MOBILITY
   44  TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES  SHALL  BE
   45  RENDERED  ON  THE  PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
   46  TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER  THAT
   47  NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
   48  WHEN  THE  PERSON  BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
   49  TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND  OR  LEGALLY  BLIND  AS  THOSE
   50  TERMS  ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
   51  ARE BEING RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS,  PRESCRIPTION  OR
   52  REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
   53  SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
   54    4.  "APPLIED  SETTINGS"  MEANS  THOSE  LOCATIONS WHERE PERSONS WHO ARE
   55  VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES  UTILIZING  THE  TOOLS
       A. 5451                             3
    1  SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
    2  THIS ARTICLE.
    3    5.  "VISUALLY  IMPAIRED"  MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
    4  BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS BLIND  IS  ONE  WHO  HAS  NO
    5  USEABLE  VISION.  A PERSON WHO IS LEGALLY BLIND IS ONE WHO SATISFIES THE
    6  DEFINITION SET FORTH IN SUBDIVISION B OF SECTION THREE OF  CHAPTER  FOUR
    7  HUNDRED  FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON WHO
    8  IS PARTIALLY SIGHTED IS ONE WHO HAS FUNCTIONAL  VISION  IMPAIRMENT  THAT
    9  CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
   10  DISEASE,  TRAUMA,  OR CONGENITAL CONDITION, THAT CANNOT BE FULLY AMELIO-
   11  RATED BY STANDARD REFRACTIVE CORRECTION,  MEDICATION,  OR  SURGERY,  AND
   12  THAT  IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT VISUAL
   13  RESOLUTION, INADEQUATE FIELD OF VISION OR REDUCED PEAK  CONTRAST  SENSI-
   14  TIVITY.
   15    S  8902. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
   16  ISTS" AND "VISION REHABILITATION THERAPISTS".   1.  PRACTICE  OF  ORIEN-
   17  TATION  AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
   18  AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR  OTHERWISE  AUTHOR-
   19  IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
   20  OR  USE  THE  TITLE  "LICENSED  ORIENTATION AND MOBILITY SPECIALISTS" IN
   21  CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
   22  HIS OR HER PROFESSION.
   23    2. PRACTICE OF VISION REHABILITATION THERAPY  AND  USE  OF  THE  TITLE
   24  "VISION  REHABILITATION  THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
   25  AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
   26  APY OR USE THE TITLE "VISION  REHABILITATION  THERAPIST"  IN  CONNECTION
   27  WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
   28  PROFESSION.
   29    S  8903. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
   30  FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY  THE  BOARD  OF
   31  REGENTS  UPON  THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
   32  ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  PROFES-
   33  SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
   34  SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST  OF  NOT
   35  LESS  THAN  FOURTEEN  INDIVIDUALS, FOUR OF WHOM SHALL BE LICENSED ORIEN-
   36  TATION AND MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE  LICENSED  VISION
   37  REHABILITATION  THERAPISTS,  ONE  OPHTHALMOLOGIST  SPECIALIZING  IN  LOW
   38  VISION TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW  VISION  TREATMENT
   39  AND  FOUR  OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE
   40  WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE  BOARD  FROM  ORGANIZA-
   41  TIONS  OF  THE BLIND OR VISUALLY IMPAIRED.  MEMBERS OF THE INITIAL BOARD
   42  NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO  THE  BOARD.  OF  THE
   43  MEMBERS  FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR TERM,
   44  FIVE SHALL BE APPOINTED  FOR  A  FOUR  YEAR  TERM,  AND  FIVE  SHALL  BE
   45  APPOINTED  FOR  A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR
   46  FIVE YEAR TERMS. IN THE  EVENT  THAT  MORE  THAN  FOURTEEN  MEMBERS  ARE
   47  APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
   48  TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
   49  APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
   50  TO  SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED
   51  BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.
   52    S 8904. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
   53  ORIENTATION AND MOBILITY SPECIALIST,  AN  APPLICANT  SHALL  FULFILL  THE
   54  FOLLOWING REQUIREMENTS:
   55    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
       A. 5451                             4
    1    (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
    2  APPROVED ORIENTATION AND  MOBILITY  CURRICULUM  IN  A  BACCALAUREATE  OR
    3  MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
    4  WHICH  IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
    5  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
    6    (II)  HAVE  A  MINIMUM  OF  THREE MONTHS OF SUPERVISED ORIENTATION AND
    7  MOBILITY EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE  SATISFAC-
    8  TORY  TO  THE  STATE  BOARD  FOR  VISION  REHABILITATION SERVICES AND IN
    9  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   10    (C) PASS AN EXAMINATION SATISFACTORY TO THE  STATE  BOARD  FOR  VISION
   11  REHABILITATION  SERVICES  IN  ACCORDANCE  WITH  THE COMMISSIONER'S REGU-
   12  LATIONS.
   13    (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   14    (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   15  MENT;
   16    (F) REGISTRATION: ALL LICENSED ORIENTATION  AND  MOBILITY  SPECIALISTS
   17  SHALL  REGISTER  TRIENNIALLY  WITH THE DEPARTMENT IN ACCORDANCE WITH THE
   18  COMMISSIONER'S REGULATION;
   19    (G) MANDATORY CONTINUING COMPETENCY:  (I)(A) EACH LICENSED ORIENTATION
   20  AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
   21  ALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH  THE
   22  PROVISIONS   OF   THE   MANDATORY   CONTINUING  COMPETENCY  REQUIREMENTS
   23  PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
   24  CLAUSES (B) AND (C)  OF  THIS  SUBPARAGRAPH.  ORIENTATION  AND  MOBILITY
   25  SPECIALISTS  WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY
   26  REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE  UNTIL  THEY  HAVE  MET
   27  SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
   28  EXCEPT  THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE WITHOUT
   29  HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
   30  TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   31    (B) ORIENTATION AND MOBILITY SPECIALISTS  SHALL  BE  EXEMPT  FROM  THE
   32  MANDATORY  CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGISTRA-
   33  TION PERIOD DURING WHICH THEY ARE FIRST LICENSED.    ADJUSTMENT  TO  THE
   34  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED BY THE
   35  DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED  BY  AN
   36  APPROPRIATE  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
   37  ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
   38  THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   39    (C) A LICENSED ORIENTATION AND  MOBILITY  SPECIALIST  NOT  ENGAGED  IN
   40  PRACTICE,  AS  DETERMINED  BY  THE  DEPARTMENT, SHALL BE EXEMPT FROM THE
   41  MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A  STATE-
   42  MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
   43  TO  PRACTICE  OF  THE  PROFESSION OF ORIENTATION AND MOBILITY SPECIALIST
   44  DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
   45  PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
   46  UING  COMPETENCY  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF
   47  THE COMMISSIONER.
   48    (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   49  TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
   50  MUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE  LEARNING  ACTIVITIES  WHICH
   51  CONTRIBUTE  TO  CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV)
   52  OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE
   53  IN RECOGNIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL  SCOPE  OF  A
   54  LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
   55  ITY  SPECIALIST  WHOSE  FIRST  REGISTRATION DATE FOLLOWING THE EFFECTIVE
   56  DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS  FROM  SUCH  EFFECTIVE
       A. 5451                             5
    1  DATE,  BUT  ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, SHALL
    2  COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE  OF
    3  ONE-HALF  HOUR  PER  MONTH  FOR  THE PERIOD BEGINNING JANUARY FIRST, TWO
    4  THOUSAND SIXTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
    5  SEE  WHO  HAS NOT SATISFIED THE MANDATORY CONTINUING COMPETENCY REQUIRE-
    6  MENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION  CERTIFICATE  BY  THE
    7  DEPARTMENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGIS-
    8  TRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH  (III)  OF
    9  THIS  PARAGRAPH.  CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM
   10  MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   11    (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
   12  REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
   13  REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
   14  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
   15  ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
   16  TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
   17  FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
   18  TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
   19  YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
   20  FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
   21  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
   22  REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
   23  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   24    (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
   25  LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
   26  PROFESSIONAL PRACTICE OF AN  ORIENTATION  AND  MOBILITY  SPECIALIST  AND
   27  WHICH  MEET  THE  STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMIS-
   28  SIONER. SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
   29  COLLEGIATE  LEVEL  CREDIT AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES,
   30  INDEPENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN  PROFES-
   31  SIONAL   JOURNALS,   PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL
   32  SESSIONS; SUCH LEARNING ACTIVITIES  MAY  BE  OFFERED  AND  SPONSORED  BY
   33  NATIONAL,  STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZA-
   34  TIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY  OTHER  ORGANIZED
   35  EDUCATIONAL  AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPART-
   36  MENT. RECOGNIZED AREAS OF STUDY SHALL INCLUDE BUT  NOT  BE  LIMITED  TO:
   37  KNOWLEDGE  AND  SKILLS  TRAINING  IN  ORIENTATION, MOBILITY, NAVIGATION,
   38  INDEPENDENT LIVING, COMMUNICATIONS AND USE OF PRESCRIBED  AND,  ADAPTIVE
   39  OPTICAL  DEVICES;  UTILIZATION  OF  SPECIALIZED TECHNIQUES AND EQUIPMENT
   40  INTENDED FOR USE BY PERSONS  WHO  ARE  VISUALLY  IMPAIRED;  THE  MEDICAL
   41  ASPECTS  OF  VISION  LOSS  AND  ITS FUNCTIONAL IMPACT ON PERSONS WHO ARE
   42  VISUALLY IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS  APPRO-
   43  PRIATELY  RELATED  TO  THE PRACTICE OF VISION REHABILITATION SERVICES AS
   44  MAY BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE  COMMISSION-
   45  ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
   46  CONTRIBUTE  TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE THE
   47  COMPLETION OF CONTINUING  COMPETENCY  LEARNING  ACTIVITIES  IN  SPECIFIC
   48  SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
   49  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
   50  MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   51    (V) ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL  MAINTAIN  ADEQUATE
   52  DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING
   53  ACTIVITIES  AND  SHALL  PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE
   54  DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON  THE  REQUEST  OF
   55  THE  DEPARTMENT  SHALL  BE  AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
   56  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
       A. 5451                             6
    1    (VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE  FIFTY  DOLLARS,
    2  SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
    3  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
    4  FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
    5    (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
    6  LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
    7  REGISTRATION PERIOD.
    8    2. TO QUALIFY FOR A LICENSE AS A VISION  REHABILITATION  THERAPIST  AN
    9  APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   10    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   11    (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
   12  APPROVED VISION REHABILITATION THERAPIST CURRICULUM IN  A  BACCALAUREATE
   13  OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
   14  MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
   15  PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
   16    (II) HAVE A MINIMUM OF THREE MONTHS  OF  SUPERVISED  VISION  REHABILI-
   17  TATION  THERAPIST  EXPERIENCE  WHICH SUPERVISION AND EXPERIENCE SHALL BE
   18  SATISFACTORY TO THE STATE BOARD FOR VISION REHABILITATION  SERVICES  AND
   19  IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   20    (C)  PASS  AN  EXAMINATION  SATISFACTORY TO THE STATE BOARD FOR VISION
   21  REHABILITATION SERVICES IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
   22  LATIONS.
   23    (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   24    (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   25  MENT;
   26    (F)  REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
   27  REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE  COMMIS-
   28  SIONER'S REGULATIONS;
   29    (G)  MANDATORY  CONTINUING  COMPETENCY:   (I) (A) EACH LICENSED VISION
   30  REHABILITATION THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER  TRIEN-
   31  NIALLY  WITH  THE  DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH
   32  THE PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS
   33  PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
   34  CLAUSES (B) AND (C) OF THIS PARAGRAPH.  VISION REHABILITATION THERAPISTS
   35  WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS
   36  SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THEY HAVE  MET  SUCH  REQUIRE-
   37  MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
   38  A  VISION  REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH
   39  REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION  PURSUANT
   40  TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   41    (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
   42  RY  CONTINUING  COMPETENCY  REQUIREMENT  FOR  THE TRIENNIAL REGISTRATION
   43  PERIOD DURING WHICH THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE MANDATO-
   44  RY CONTINUING COMPETENCY REQUIREMENTS MAY BE GRANTED BY  THE  DEPARTMENT
   45  FOR  REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN APPROPRIATE
   46  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
   47  OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
   48  MENT WHICH MAY PREVENT COMPLIANCE.
   49    (C)  A  LICENSED  VISION REHABILITATION THERAPIST NOT ENGAGED IN PRAC-
   50  TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
   51  RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
   52  THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO  PRAC-
   53  TICE  OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL REGISTRATION
   54  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO  REENTERING  THE  PROFESSION
   55  AND  SHALL  MEET  SUCH  MANDATORY  CONTINUING COMPETENCY REQUIREMENTS AS
   56  SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
       A. 5451                             7
    1    (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
    2  TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
    3  TWENTY-FOUR HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE  TO
    4  CONTINUING  COMPETENCE,  AS SPECIFIED IN SUBPARAGRAPH (IV) OF THIS PARA-
    5  GRAPH,  PROVIDED  FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE IN RECOG-
    6  NIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF  A  LICENSED
    7  VISION  REHABILITATION  THERAPIST.  ANY  VISION REHABILITATION THERAPIST
    8  WHOSE FIRST REGISTRATION DATE  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
    9  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
   10  AFTER  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, SHALL COMPLETE CONTINUING
   11  COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF  HOUR  PER
   12  MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN UP TO
   13  THE  FIRST  REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATIS-
   14  FIED THE MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  SHALL  NOT  BE
   15  ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
   16  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS
   17  ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  CONTIN-
   18  UING  COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
   19  TO A SUBSEQUENT TRIENNIUM.
   20    (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
   21  REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
   22  REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
   23  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
   24  ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
   25  TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
   26  FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
   27  TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
   28  YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
   29  FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
   30  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
   31  REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
   32  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   33    (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
   34  LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
   35  PROFESSIONAL PRACTICE OF A VISION  REHABILITATION  THERAPIST  AND  WHICH
   36  MEET  THE  STANDARDS  PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER.
   37  SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLEGI-
   38  ATE  LEVEL  CREDIT  AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDE-
   39  PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
   40  JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
   41  LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE  AND
   42  LOCAL  PROFESSIONAL  ASSOCIATIONS  AND  OTHER  ORGANIZATIONS  OR PARTIES
   43  ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND
   44  TECHNICAL  LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.  RECOGNIZED
   45  AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
   46  TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
   47  ORIENTATION, USE OF PRESCRIBED AND, ADAPTIVE OPTICAL  DEVICES;  UTILIZA-
   48  TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
   49  WHO  ARE  VISUALLY  IMPAIRED; THE MEDICAL ASPECTS OF VISION LOSS AND ITS
   50  FUNCTIONAL IMPACT ON PERSONS WHO ARE VISUALLY IMPAIRED; AND  SUCH  OTHER
   51  TECHNICAL  SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE OF
   52  VISION REHABILITATION SERVICES AS MAY BE SATISFACTORY TO THE  BOARD  AND
   53  IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY,
   54  IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND  WELFARE
   55  OF  THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY LEARNING
   56  ACTIVITIES IN SPECIFIC SUBJECTS TO  FULFILL  THIS  MANDATORY  CONTINUING
       A. 5451                             8
    1  COMPETENCY  REQUIREMENT.  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPON-
    2  SOR APPROVED BY THE DEPARTMENT,  PURSUANT  TO  THE  REGULATIONS  OF  THE
    3  COMMISSIONER.
    4    (V)  VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE DOCUMEN-
    5  TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
    6  ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
    7  MENT. FAILURE TO PROVIDE SUCH DOCUMENTATION  UPON  THE  REQUEST  OF  THE
    8  DEPARTMENT  SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO DISCIPLINARY
    9  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   10    (VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE  FIFTY  DOLLARS,
   11  SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
   12  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
   13  FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
   14    (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
   15  LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR  EACH  TRIENNIAL
   16  REGISTRATION PERIOD.
   17    S  8905.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
   18  AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
   19  FOLLOWS:
   20    1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR  AN  ORIEN-
   21  TATION  AND  MOBILITY  SPECIALIST  OR  VISION  REHABILITATION THERAPIST,
   22  EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
   23  PERMIT.
   24    2. LIMIT OF PRACTICE. ALL PRACTICE UNDER A  LIMITED  PERMIT  SHALL  BE
   25  UNDER  THE  DIRECT  SUPERVISION  OF  A LICENSED ORIENTATION AND MOBILITY
   26  SPECIALIST OR A VISION REHABILITATION THERAPIST.
   27    3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
   28  ISSUANCE  OR  UPON  NOTICE  TO  THE PERMITTEE BY THE DEPARTMENT THAT THE
   29  APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
   30  TEE OF FAILURE ON  THE  PROFESSIONAL  LICENSING  EXAMINATION,  WHICHEVER
   31  FIRST OCCURS.
   32    4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   33    S  8906. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT
   34  OR PREVENT THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD  OR  DEVICE
   35  SHALL  BE  USED  IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
   36  THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
   37  SPECIALIST OR VISION REHABILITATION THERAPIST:
   38    1. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
   39  BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
   40  ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
   41  AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
   42    2.  THE  PERFORMANCE  OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
   43  INCLUDED IN THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING  BY  ANY
   44  OTHER  DULY  LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH CARE PROVIDER,
   45  PROVIDED THAT SUCH DUTIES, TASKS AND  RESPONSIBILITIES  ARE  WITHIN  THE
   46  SCOPE  OF  HIS  OR  HER  PRACTICE AS DEFINED IN THIS ARTICLE PURSUANT TO
   47  WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
   48  ER, THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE  TITLE
   49  "LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
   50  ORIENTATION AND MOBILITY TRAINING.
   51    3.  THE  PERFORMANCE  OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
   52  INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
   53  DULY LICENSED, CERTIFIED OR REGISTERED HEALTH  CARE  PROVIDER,  PROVIDED
   54  THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
   55  OR  HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S REGULATION
   56  PURSUANT TO WHICH SUCH PERSON  IS  LICENSED,  CERTIFIED  OR  REGISTERED;
       A. 5451                             9
    1  PROVIDED,  HOWEVER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT
    2  UNDER THE TITLE "LICENSED VISION REHABILITATION THERAPIST".
    3    4.  THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
    4  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE  WITHIN
    5  THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
    6  ANY  PERSON  REGISTERED  TO  PERFORM  SERVICES  AS A PHYSICIAN ASSISTANT
    7  PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
    8    5. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
    9  BILITATION  THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF ORIENTATION
   10  AND MOBILITY TRAINING OR VISION  REHABILITATION  THERAPY  OF  ANY  OTHER
   11  STATE  OR  TERRITORY  WHO  IS  SERVING IN THE ARMED FORCES OR THE PUBLIC
   12  HEALTH SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE  OF
   13  HIS OR HER DUTIES.
   14    6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
   15    7.  THE  PROVISION  OF  ORIENTATION  AND MOBILITY TRAINING SERVICES AS
   16  DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-NINE HUNDRED  ONE  OF  THIS
   17  TITLE  OR VISION REHABILITATION THERAPY AS DEFINED IN SUBDIVISION TWO OF
   18  SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE TO THE EXTENT  PERMISSIBLE
   19  WITHIN  THE  SCOPE  OF  PRACTICE  OF  ORIENTATION  AND MOBILITY TRAINING
   20  SERVICES OR VISION REHABILITATION SERVICES, BY ANY NOT-FOR-PROFIT CORPO-
   21  RATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE  STATE  OF
   22  NEW  YORK  AND  OPERATING  UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE
   23  HUNDRED THREE-A OF THIS TITLE,  PROVIDED  THAT  SUCH  ENTITIES  OFFERING
   24  ORIENTATION  AND  MOBILITY  TRAINING  SERVICES  OR VISION REHABILITATION
   25  SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN  INDIVIDUAL  APPRO-
   26  PRIATELY  LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
   27  PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   28    S 8907. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED  WITHOUT  EXAM-
   29  INATION  PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
   30  ARTICLE, SUCH PERSON:
   31    1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO  THE  DEPART-
   32  MENT;
   33    2.  (A)  HOLDS  A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
   34  MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
   35  ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR  EQUIVALENT
   36  AS  DETERMINED  BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
   37  BILITATION THERAPY; OR (C) HOLDS  A  BACHELOR'S  DEGREE  OR  HIGHER,  OR
   38  EQUIVALENT  AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
   39  IN SPECIAL EDUCATION AND (I) HAS  COMPLETED  ALL  ADDITIONALLY  REQUIRED
   40  ELEMENTS  OF  THE  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
   41  TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD  AND  IN  ACCORDANCE
   42  WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  (II)  HAS BEEN CERTIFIED IN
   43  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY  A
   44  NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
   45    3.  SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
   46  MENT IN THE PRACTICE OF ORIENTATION  AND  MOBILITY  TRAINING  OR  VISION
   47  REHABILITATION  THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
   48  THE COMMISSIONER'S REGULATIONS, WHETHER SUCH  EXPERIENCE  OR  EMPLOYMENT
   49  OCCURS WITHIN OR WITHOUT THIS STATE.
   50    S 8908. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
   51  SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
   52  SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
   53  ANY OTHER SECTION OR PART THEREOF.
   54    S  2.  This  act  shall take effect July 1, 2016.  The commissioner of
   55  education and the board of regents are  authorized  to  promulgate  such
   56  rules  and  regulations  and take any other measures as may be necessary
       A. 5451                            10
    1  for the timely implementation of this act on  or  before  its  effective
    2  date,  including  but  not limited to the appointment of the state board
    3  for vision rehabilitation services, the  acceptance  and  processing  of
    4  applications for licensure, and the issuance of licenses.