S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4467
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 23, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed 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.
   14          8908. SEPARABILITY.
   15    S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
   16  REHABILITATION  SERVICES,  AND  PROVIDES  FOR  THE LICENSING OF LICENSED
   17  ORIENTATION AND MOBILITY SPECIALISTS AND  VISION  REHABILITATION  THERA-
   18  PISTS.  THE  GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
   19  ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
   20    S 8901. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
   21  SHALL HAVE THE FOLLOWING MEANINGS:
   22    1. THE PRACTICE OF "ORIENTATION AND  MOBILITY  TRAINING"  SHALL  MEAN:
   23  (A)  THE  ASSESSMENT  OF  INDIVIDUAL  NEEDS  OF PERSONS WHO ARE VISUALLY
   24  IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN  STRATE-
   25  GIES  TO  GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07767-01-5
       S. 4467                             2
    1  DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE  PLANS  TAILORED  TO  MEET
    2  SUCH  INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
    3  PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
    4  DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
    5  IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR  PERSONS  WHO  ARE
    6  VISUALLY  IMPAIRED,  INCLUDING  BUT  NOT LIMITED TO ORIENTATION; SENSORY
    7  DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG  CANE  TECHNIQUES;
    8  RESOURCE  IDENTIFICATION  AND,  AS  APPROPRIATE, PROFESSIONAL REFERRALS;
    9  AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
   10  DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D)  THE
   11  EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
   12    2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
   13  ASSESSMENT  OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
   14  SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
   15  OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS  TAILORED  TO  MEET  SUCH
   16  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, INCLUDING, IN APPLIED SETTINGS,  REINFORCING  INSTRUCTION  FOR
   20  THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
   21  GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
   22  ALLY  IMPAIRED,  INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
   23  CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT  SKILLS;
   24  HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
   25  AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION OF
   26  PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
   27    3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
   28  ING ASSESSMENT AND EVALUATION OF, AND  TRAINING  FOR,  PERSONS  WHO  ARE
   29  VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
   30  RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
   31  PROFESSIONS  DEFINED  IN  THIS  SECTION AS: (A) ORIENTATION AND MOBILITY
   32  TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES  SHALL  BE
   33  RENDERED  ON  THE  PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
   34  TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER  THAT
   35  NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
   36  WHEN  THE  PERSON  BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
   37  TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND  OR  LEGALLY  BLIND  AS  THOSE
   38  TERMS  ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
   39  ARE BEING RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS,  PRESCRIPTION  OR
   40  REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
   41  SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
   42    4.  "APPLIED  SETTINGS"  MEANS  THOSE  LOCATIONS WHERE PERSONS WHO ARE
   43  VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES  UTILIZING  THE  TOOLS
   44  SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
   45  THIS ARTICLE.
   46    5. "VISUALLY IMPAIRED" MEANS A PERSON WHO IS  TOTALLY  BLIND,  LEGALLY
   47  BLIND  OR  PARTIALLY  SIGHTED.  A  PERSON WHO IS BLIND IS ONE WHO HAS NO
   48  USEABLE VISION. A PERSON WHO IS LEGALLY BLIND IS ONE WHO  SATISFIES  THE
   49  DEFINITION  SET  FORTH IN SUBDIVISION B OF SECTION THREE OF CHAPTER FOUR
   50  HUNDRED FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON  WHO
   51  IS  PARTIALLY  SIGHTED  IS ONE WHO HAS FUNCTIONAL VISION IMPAIRMENT THAT
   52  CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
   53  DISEASE, TRAUMA, OR CONGENITAL CONDITION, THAT CANNOT BE  FULLY  AMELIO-
   54  RATED  BY  STANDARD  REFRACTIVE  CORRECTION, MEDICATION, OR SURGERY, AND
   55  THAT IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT  VISUAL
       S. 4467                             3
    1  RESOLUTION,  INADEQUATE  FIELD OF VISION OR REDUCED PEAK CONTRAST SENSI-
    2  TIVITY.
    3    S  8902. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
    4  ISTS" AND "VISION REHABILITATION THERAPISTS".   1.  PRACTICE  OF  ORIEN-
    5  TATION  AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
    6  AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR  OTHERWISE  AUTHOR-
    7  IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
    8  OR  USE  THE  TITLE  "LICENSED  ORIENTATION AND MOBILITY SPECIALISTS" IN
    9  CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
   10  HIS OR HER PROFESSION.
   11    2. PRACTICE OF VISION REHABILITATION THERAPY  AND  USE  OF  THE  TITLE
   12  "VISION  REHABILITATION  THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
   13  AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
   14  APY OR USE THE TITLE "VISION  REHABILITATION  THERAPIST"  IN  CONNECTION
   15  WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
   16  PROFESSION.
   17    S  8903. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
   18  FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY  THE  BOARD  OF
   19  REGENTS  UPON  THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
   20  ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  PROFES-
   21  SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
   22  SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST  OF  NOT
   23  LESS  THAN  FOURTEEN  INDIVIDUALS, FOUR OF WHOM SHALL BE LICENSED ORIEN-
   24  TATION AND MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE  LICENSED  VISION
   25  REHABILITATION  THERAPISTS,  ONE  OPHTHALMOLOGIST  SPECIALIZING  IN  LOW
   26  VISION TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW  VISION  TREATMENT
   27  AND  FOUR  OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE
   28  WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE  BOARD  FROM  ORGANIZA-
   29  TIONS  OF  THE BLIND OR VISUALLY IMPAIRED.  MEMBERS OF THE INITIAL BOARD
   30  NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO  THE  BOARD.  OF  THE
   31  MEMBERS  FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR TERM,
   32  FIVE SHALL BE APPOINTED  FOR  A  FOUR  YEAR  TERM,  AND  FIVE  SHALL  BE
   33  APPOINTED  FOR  A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR
   34  FIVE YEAR TERMS. IN THE  EVENT  THAT  MORE  THAN  FOURTEEN  MEMBERS  ARE
   35  APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
   36  TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
   37  APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
   38  TO  SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED
   39  BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.
   40    S 8904. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
   41  ORIENTATION AND MOBILITY SPECIALIST,  AN  APPLICANT  SHALL  FULFILL  THE
   42  FOLLOWING REQUIREMENTS:
   43    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   44    (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
   45  APPROVED ORIENTATION AND  MOBILITY  CURRICULUM  IN  A  BACCALAUREATE  OR
   46  MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
   47  WHICH  IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
   48  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
   49    (II) HAVE A MINIMUM OF THREE  MONTHS  OF  SUPERVISED  ORIENTATION  AND
   50  MOBILITY  EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFAC-
   51  TORY TO THE STATE  BOARD  FOR  VISION  REHABILITATION  SERVICES  AND  IN
   52  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   53    (C)  PASS  AN  EXAMINATION  SATISFACTORY TO THE STATE BOARD FOR VISION
   54  REHABILITATION SERVICES IN  ACCORDANCE  WITH  THE  COMMISSIONER'S  REGU-
   55  LATIONS.
   56    (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
       S. 4467                             4
    1    (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
    2  MENT;
    3    (F)  REGISTRATION:  ALL  LICENSED ORIENTATION AND MOBILITY SPECIALISTS
    4  SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN  ACCORDANCE  WITH  THE
    5  COMMISSIONER'S REGULATION;
    6    (G) MANDATORY CONTINUING COMPETENCY:  (I)(A) EACH LICENSED ORIENTATION
    7  AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
    8  ALLY  WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE
    9  PROVISIONS  OF  THE   MANDATORY   CONTINUING   COMPETENCY   REQUIREMENTS
   10  PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
   11  CLAUSES  (B)  AND  (C)  OF  THIS  SUBPARAGRAPH. ORIENTATION AND MOBILITY
   12  SPECIALISTS WHO DO  NOT  SATISFY  THE  MANDATORY  CONTINUING  COMPETENCY
   13  REQUIREMENTS  SHALL  NOT  BE  AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET
   14  SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
   15  EXCEPT THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE  WITHOUT
   16  HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
   17  TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   18    (B)  ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL BE EXEMPT FROM THE
   19  MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL  REGISTRA-
   20  TION  PERIOD  DURING  WHICH  THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE
   21  MANDATORY CONTINUING COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED  BY  THE
   22  DEPARTMENT  FOR  REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN
   23  APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH  THE
   24  ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
   25  THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   26    (C)  A  LICENSED  ORIENTATION  AND  MOBILITY SPECIALIST NOT ENGAGED IN
   27  PRACTICE, AS DETERMINED BY THE DEPARTMENT,  SHALL  BE  EXEMPT  FROM  THE
   28  MANDATORY  CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATE-
   29  MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
   30  TO PRACTICE OF THE PROFESSION OF  ORIENTATION  AND  MOBILITY  SPECIALIST
   31  DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
   32  PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
   33  UING COMPETENCY REQUIREMENTS AS SHALL BE PRESCRIBED  BY  REGULATIONS  OF
   34  THE COMMISSIONER.
   35    (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   36  TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
   37  MUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE  LEARNING  ACTIVITIES  WHICH
   38  CONTRIBUTE TO CONTINUING COMPETENCE, AS SPECIFIED IN  SUBPARAGRAPH  (IV)
   39  OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE
   40  IN  RECOGNIZED  AREAS  OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF A
   41  LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
   42  ITY SPECIALIST WHOSE FIRST REGISTRATION  DATE  FOLLOWING  THE  EFFECTIVE
   43  DATE  OF  THIS  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE
   44  DATE, BUT ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND  SIXTEEN,  SHALL
   45  COMPLETE  CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF
   46  ONE-HALF HOUR PER MONTH FOR THE  PERIOD  BEGINNING  JANUARY  FIRST,  TWO
   47  THOUSAND SIXTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
   48  SEE  WHO  HAS NOT SATISFIED THE MANDATORY CONTINUING COMPETENCY REQUIRE-
   49  MENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION  CERTIFICATE  BY  THE
   50  DEPARTMENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGIS-
   51  TRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH  (III)  OF
   52  THIS  PARAGRAPH.  CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM
   53  MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   54    (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
   55  REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
   56  REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
       S. 4467                             5
    1  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
    2  ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
    3  TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
    4  FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
    5  TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
    6  YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
    7  FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
    8  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
    9  REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
   10  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   11    (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
   12  LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
   13  PROFESSIONAL PRACTICE OF AN  ORIENTATION  AND  MOBILITY  SPECIALIST  AND
   14  WHICH  MEET  THE  STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMIS-
   15  SIONER. SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE  LIMITED  TO,
   16  COLLEGIATE  LEVEL  CREDIT AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES,
   17  INDEPENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN  PROFES-
   18  SIONAL   JOURNALS,   PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL
   19  SESSIONS; SUCH LEARNING ACTIVITIES  MAY  BE  OFFERED  AND  SPONSORED  BY
   20  NATIONAL,  STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZA-
   21  TIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY  OTHER  ORGANIZED
   22  EDUCATIONAL  AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPART-
   23  MENT. RECOGNIZED AREAS OF STUDY SHALL INCLUDE BUT  NOT  BE  LIMITED  TO:
   24  KNOWLEDGE  AND  SKILLS  TRAINING  IN  ORIENTATION, MOBILITY, NAVIGATION,
   25  INDEPENDENT LIVING, COMMUNICATIONS AND USE OF PRESCRIBED  AND,  ADAPTIVE
   26  OPTICAL  DEVICES;  UTILIZATION  OF  SPECIALIZED TECHNIQUES AND EQUIPMENT
   27  INTENDED FOR USE BY PERSONS  WHO  ARE  VISUALLY  IMPAIRED;  THE  MEDICAL
   28  ASPECTS  OF  VISION  LOSS  AND  ITS FUNCTIONAL IMPACT ON PERSONS WHO ARE
   29  VISUALLY IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS  APPRO-
   30  PRIATELY  RELATED  TO  THE PRACTICE OF VISION REHABILITATION SERVICES AS
   31  MAY BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE  COMMISSION-
   32  ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
   33  CONTRIBUTE  TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE THE
   34  COMPLETION OF CONTINUING  COMPETENCY  LEARNING  ACTIVITIES  IN  SPECIFIC
   35  SUBJECTS  TO  FULFILL  THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
   36  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
   37  MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   38    (V) ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL  MAINTAIN  ADEQUATE
   39  DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING
   40  ACTIVITIES  AND  SHALL  PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE
   41  DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON  THE  REQUEST  OF
   42  THE  DEPARTMENT  SHALL  BE  AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
   43  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   44    (VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE  FIFTY  DOLLARS,
   45  SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
   46  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
   47  FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
   48    (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
   49  LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR  EACH  TRIENNIAL
   50  REGISTRATION PERIOD.
   51    2.  TO  QUALIFY  FOR A LICENSE AS A VISION REHABILITATION THERAPIST AN
   52  APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   53    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   54    (B)  EDUCATION/EXPERIENCE:  (I)  HAVE  SATISFACTORILY   COMPLETED   AN
   55  APPROVED  VISION  REHABILITATION THERAPIST CURRICULUM IN A BACCALAUREATE
   56  OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
       S. 4467                             6
    1  MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
    2  PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
    3    (II)  HAVE  A  MINIMUM  OF THREE MONTHS OF SUPERVISED VISION REHABILI-
    4  TATION THERAPIST EXPERIENCE WHICH SUPERVISION AND  EXPERIENCE  SHALL  BE
    5  SATISFACTORY  TO  THE STATE BOARD FOR VISION REHABILITATION SERVICES AND
    6  IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
    7    (C) PASS AN EXAMINATION SATISFACTORY TO THE  STATE  BOARD  FOR  VISION
    8  REHABILITATION  SERVICES  IN  ACCORDANCE  WITH  THE COMMISSIONER'S REGU-
    9  LATIONS.
   10    (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   11    (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   12  MENT;
   13    (F) REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS  SHALL
   14  REGISTER  TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
   15  SIONER'S REGULATIONS;
   16    (G) MANDATORY CONTINUING COMPETENCY:   (I) (A)  EACH  LICENSED  VISION
   17  REHABILITATION  THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIEN-
   18  NIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE  SHALL  COMPLY  WITH
   19  THE  PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY REQUIREMENTS
   20  PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
   21  CLAUSES (B) AND (C) OF THIS PARAGRAPH.  VISION REHABILITATION THERAPISTS
   22  WHO DO NOT SATISFY  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS
   23  SHALL  NOT  BE  AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET SUCH REQUIRE-
   24  MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
   25  A VISION REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING  MET  SUCH
   26  REQUIREMENTS  IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION PURSUANT
   27  TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   28    (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
   29  RY CONTINUING COMPETENCY  REQUIREMENT  FOR  THE  TRIENNIAL  REGISTRATION
   30  PERIOD DURING WHICH THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE MANDATO-
   31  RY  CONTINUING  COMPETENCY REQUIREMENTS MAY BE GRANTED BY THE DEPARTMENT
   32  FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN  APPROPRIATE
   33  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
   34  OF  THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPART-
   35  MENT WHICH MAY PREVENT COMPLIANCE.
   36    (C) A LICENSED VISION REHABILITATION THERAPIST NOT  ENGAGED  IN  PRAC-
   37  TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
   38  RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
   39  THE  DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO PRAC-
   40  TICE OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL  REGISTRATION
   41  PERIOD  SHALL  NOTIFY  THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION
   42  AND SHALL MEET SUCH  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  AS
   43  SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   44    (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   45  TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
   46  TWENTY-FOUR  HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE TO
   47  CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV) OF  THIS  PARA-
   48  GRAPH,  PROVIDED  FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE IN RECOG-
   49  NIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF  A  LICENSED
   50  VISION  REHABILITATION  THERAPIST.  ANY  VISION REHABILITATION THERAPIST
   51  WHOSE FIRST REGISTRATION DATE  FOLLOWING  THE  EFFECTIVE  DATE  OF  THIS
   52  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
   53  AFTER  JANUARY  FIRST,  TWO  THOUSAND SIXTEEN, SHALL COMPLETE CONTINUING
   54  COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF  ONE-HALF  HOUR  PER
   55  MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN UP TO
   56  THE  FIRST  REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT SATIS-
       S. 4467                             7
    1  FIED THE MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  SHALL  NOT  BE
    2  ISSUED  A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
    3  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE  IS
    4  ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  CONTIN-
    5  UING  COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
    6  TO A SUBSEQUENT TRIENNIUM.
    7    (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
    8  REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
    9  REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
   10  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
   11  ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
   12  TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
   13  FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
   14  TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT  EXCEED  ONE
   15  YEAR.  ANY  LICENSEE  WHO  IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
   16  FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF  REQUIRED
   17  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
   18  REGISTRATION,  MAY  BE  SUBJECT  TO DISCIPLINARY PROCEEDINGS PURSUANT TO
   19  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   20    (IV) AS USED IN  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH,  "ACCEPTABLE
   21  LEARNING  ACTIVITIES"  SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE TO THE
   22  PROFESSIONAL PRACTICE OF A VISION  REHABILITATION  THERAPIST  AND  WHICH
   23  MEET  THE  STANDARDS  PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER.
   24  SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,  COLLEGI-
   25  ATE  LEVEL  CREDIT  AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDE-
   26  PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
   27  JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
   28  LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE  AND
   29  LOCAL  PROFESSIONAL  ASSOCIATIONS  AND  OTHER  ORGANIZATIONS  OR PARTIES
   30  ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER  ORGANIZED  EDUCATIONAL  AND
   31  TECHNICAL  LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.  RECOGNIZED
   32  AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
   33  TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
   34  ORIENTATION, USE OF PRESCRIBED AND, ADAPTIVE OPTICAL  DEVICES;  UTILIZA-
   35  TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
   36  WHO  ARE  VISUALLY  IMPAIRED; THE MEDICAL ASPECTS OF VISION LOSS AND ITS
   37  FUNCTIONAL IMPACT ON PERSONS WHO ARE VISUALLY IMPAIRED; AND  SUCH  OTHER
   38  TECHNICAL  SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE OF
   39  VISION REHABILITATION SERVICES AS MAY BE SATISFACTORY TO THE  BOARD  AND
   40  IN  ACCORDANCE  WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY,
   41  IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND  WELFARE
   42  OF  THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY LEARNING
   43  ACTIVITIES IN SPECIFIC SUBJECTS TO  FULFILL  THIS  MANDATORY  CONTINUING
   44  COMPETENCY  REQUIREMENT.  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPON-
   45  SOR APPROVED BY THE DEPARTMENT,  PURSUANT  TO  THE  REGULATIONS  OF  THE
   46  COMMISSIONER.
   47    (V)  VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE DOCUMEN-
   48  TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
   49  ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
   50  MENT. FAILURE TO PROVIDE SUCH DOCUMENTATION  UPON  THE  REQUEST  OF  THE
   51  DEPARTMENT  SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO DISCIPLINARY
   52  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   53    (VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE  FIFTY  DOLLARS,
   54  SHALL  BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
   55  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
   56  FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
       S. 4467                             8
    1    (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
    2  LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR  EACH  TRIENNIAL
    3  REGISTRATION PERIOD.
    4    S  8905.  LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
    5  AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
    6  FOLLOWS:
    7    1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR  AN  ORIEN-
    8  TATION  AND  MOBILITY  SPECIALIST  OR  VISION  REHABILITATION THERAPIST,
    9  EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
   10  PERMIT.
   11    2. LIMIT OF PRACTICE. ALL PRACTICE UNDER A  LIMITED  PERMIT  SHALL  BE
   12  UNDER  THE  DIRECT  SUPERVISION  OF  A LICENSED ORIENTATION AND MOBILITY
   13  SPECIALIST OR A VISION REHABILITATION THERAPIST.
   14    3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
   15  ISSUANCE  OR  UPON  NOTICE  TO  THE PERMITTEE BY THE DEPARTMENT THAT THE
   16  APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
   17  TEE OF FAILURE ON  THE  PROFESSIONAL  LICENSING  EXAMINATION,  WHICHEVER
   18  FIRST OCCURS.
   19    4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   20    S  8906. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO AFFECT
   21  OR PREVENT THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD  OR  DEVICE
   22  SHALL  BE  USED  IN SUCH MANNER AS TO TEND TO CONVEY THE IMPRESSION THAT
   23  THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
   24  SPECIALIST OR VISION REHABILITATION THERAPIST:
   25    1. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
   26  BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
   27  ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
   28  AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
   29    2.  THE  PERFORMANCE  OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
   30  INCLUDED IN THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING  BY  ANY
   31  OTHER  DULY  LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH CARE PROVIDER,
   32  PROVIDED THAT SUCH DUTIES, TASKS AND  RESPONSIBILITIES  ARE  WITHIN  THE
   33  SCOPE  OF  HIS  OR  HER  PRACTICE AS DEFINED IN THIS ARTICLE PURSUANT TO
   34  WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
   35  ER, THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE  TITLE
   36  "LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
   37  ORIENTATION AND MOBILITY TRAINING.
   38    3.  THE  PERFORMANCE  OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
   39  INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
   40  DULY LICENSED, CERTIFIED OR REGISTERED HEALTH  CARE  PROVIDER,  PROVIDED
   41  THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
   42  OR  HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S REGULATION
   43  PURSUANT TO WHICH SUCH PERSON  IS  LICENSED,  CERTIFIED  OR  REGISTERED;
   44  PROVIDED,  HOWEVER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT
   45  UNDER THE TITLE "LICENSED VISION REHABILITATION THERAPIST".
   46    4. THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE  BY
   47  ANY  PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN
   48  THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
   49  ANY PERSON REGISTERED TO  PERFORM  SERVICES  AS  A  PHYSICIAN  ASSISTANT
   50  PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
   51    5.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
   52  BILITATION THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF  ORIENTATION
   53  AND  MOBILITY  TRAINING  OR  VISION  REHABILITATION THERAPY OF ANY OTHER
   54  STATE OR TERRITORY WHO IS SERVING IN THE  ARMED  FORCES  OR  THE  PUBLIC
   55  HEALTH  SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE OF
   56  HIS OR HER DUTIES.
       S. 4467                             9
    1    6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
    2    7.  THE  PROVISION  OF  ORIENTATION  AND MOBILITY TRAINING SERVICES AS
    3  DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-NINE HUNDRED  ONE  OF  THIS
    4  TITLE  OR VISION REHABILITATION THERAPY AS DEFINED IN SUBDIVISION TWO OF
    5  SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE TO THE EXTENT  PERMISSIBLE
    6  WITHIN  THE  SCOPE  OF  PRACTICE  OF  ORIENTATION  AND MOBILITY TRAINING
    7  SERVICES OR VISION REHABILITATION SERVICES, BY ANY NOT-FOR-PROFIT CORPO-
    8  RATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE  STATE  OF
    9  NEW  YORK  AND  OPERATING  UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE
   10  HUNDRED THREE-A OF THIS TITLE,  PROVIDED  THAT  SUCH  ENTITIES  OFFERING
   11  ORIENTATION  AND  MOBILITY  TRAINING  SERVICES  OR VISION REHABILITATION
   12  SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN  INDIVIDUAL  APPRO-
   13  PRIATELY  LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
   14  PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   15    S 8907. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED  WITHOUT  EXAM-
   16  INATION  PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
   17  ARTICLE, SUCH PERSON:
   18    1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO  THE  DEPART-
   19  MENT;
   20    2.  (A)  HOLDS  A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
   21  MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
   22  ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR  EQUIVALENT
   23  AS  DETERMINED  BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
   24  BILITATION THERAPY; OR (C) HOLDS  A  BACHELOR'S  DEGREE  OR  HIGHER,  OR
   25  EQUIVALENT  AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
   26  IN SPECIAL EDUCATION AND (I) HAS  COMPLETED  ALL  ADDITIONALLY  REQUIRED
   27  ELEMENTS  OF  THE  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
   28  TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD  AND  IN  ACCORDANCE
   29  WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  (II)  HAS BEEN CERTIFIED IN
   30  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY  A
   31  NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
   32    3.  SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
   33  MENT IN THE PRACTICE OF ORIENTATION  AND  MOBILITY  TRAINING  OR  VISION
   34  REHABILITATION  THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
   35  THE COMMISSIONER'S REGULATIONS, WHETHER SUCH  EXPERIENCE  OR  EMPLOYMENT
   36  OCCURS WITHIN OR WITHOUT THIS STATE.
   37    S 8908. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
   38  SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
   39  SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
   40  ANY OTHER SECTION OR PART THEREOF.
   41    S  2.  This  act  shall take effect July 1, 2016.  The commissioner of
   42  education and the board of regents are  authorized  to  promulgate  such
   43  rules  and  regulations  and take any other measures as may be necessary
   44  for the timely implementation of this act on  or  before  its  effective
   45  date,  including  but  not limited to the appointment of the state board
   46  for vision rehabilitation services, the  acceptance  and  processing  of
   47  applications for licensure, and the issuance of licenses.