S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4467--A
                              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  --
         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.
   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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07767-03-5
       S. 4467--A                          2
    1  IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN  STRATE-
    2  GIES  TO  GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
    3  DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE  PLANS  TAILORED  TO  MEET
    4  SUCH  INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
    5  PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
    6  DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
    7  IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR  PERSONS  WHO  ARE
    8  VISUALLY  IMPAIRED,  INCLUDING  BUT  NOT LIMITED TO ORIENTATION; SENSORY
    9  DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG  CANE  TECHNIQUES;
   10  RESOURCE  IDENTIFICATION  AND,  AS  APPROPRIATE, PROFESSIONAL REFERRALS;
   11  AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
   12  DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D)  THE
   13  EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
   14    2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
   15  ASSESSMENT  OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
   16  SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
   17  OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS  TAILORED  TO  MEET  SUCH
   18  INDIVIDUAL  NEEDS  AS  IDENTIFIED  IN  SUCH  ASSESSMENT PROCESS; (C) THE
   19  PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND  ADAPTIVE
   20  DEVICES  INTENDED  AND  DESIGNED  FOR  USE  BY  PERSONS WHO ARE VISUALLY
   21  IMPAIRED, INCLUDING, IN APPLIED SETTINGS,  REINFORCING  INSTRUCTION  FOR
   22  THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
   23  GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
   24  ALLY  IMPAIRED,  INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
   25  CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT  SKILLS;
   26  HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
   27  AS  APPROPRIATE,  PROFESSIONAL  REFERRALS;  AND  (D)  THE  EVALUATION OF
   28  PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
   29    3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
   30  ING ASSESSMENT AND EVALUATION OF, AND  TRAINING  FOR,  PERSONS  WHO  ARE
   31  VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
   32  RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
   33  PROFESSIONS  DEFINED  IN  THIS  SECTION AS: (A) ORIENTATION AND MOBILITY
   34  TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES  SHALL  BE
   35  RENDERED  ON  THE  PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
   36  TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER  THAT
   37  NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
   38  WHEN  THE  PERSON  BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
   39  TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND  OR  LEGALLY  BLIND  AS  THOSE
   40  TERMS  ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
   41  ARE BEING RENDERED  CONSISTENT  WITH  THAT  DIAGNOSIS,  PRESCRIPTION  OR
   42  REFERRAL.  VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
   43  SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
   44    4.  "APPLIED  SETTINGS"  MEANS  THOSE  LOCATIONS WHERE PERSONS WHO ARE
   45  VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES  UTILIZING  THE  TOOLS
   46  SUPPLIED  AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
   47  THIS ARTICLE.
   48    5. "VISUALLY IMPAIRED" MEANS A PERSON WHO IS  TOTALLY  BLIND,  LEGALLY
   49  BLIND  OR  PARTIALLY  SIGHTED.  A  PERSON WHO IS BLIND IS ONE WHO HAS NO
   50  USEABLE VISION. A PERSON WHO IS LEGALLY BLIND IS ONE WHO  SATISFIES  THE
   51  DEFINITION  SET  FORTH IN SUBDIVISION B OF SECTION THREE OF CHAPTER FOUR
   52  HUNDRED FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN.  A PERSON  WHO
   53  IS  PARTIALLY  SIGHTED  IS ONE WHO HAS FUNCTIONAL VISION IMPAIRMENT THAT
   54  CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
   55  DISEASE, TRAUMA, OR CONGENITAL CONDITION, THAT CANNOT BE  FULLY  AMELIO-
   56  RATED  BY  STANDARD  REFRACTIVE  CORRECTION, MEDICATION, OR SURGERY, AND
       S. 4467--A                          3
    1  THAT IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT  VISUAL
    2  RESOLUTION,  INADEQUATE  FIELD OF VISION OR REDUCED PEAK CONTRAST SENSI-
    3  TIVITY.
    4    S  8902. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
    5  ISTS" AND "VISION REHABILITATION THERAPISTS".   1.  PRACTICE  OF  ORIEN-
    6  TATION  AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
    7  AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR  OTHERWISE  AUTHOR-
    8  IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
    9  OR  USE  THE  TITLE  "LICENSED  ORIENTATION AND MOBILITY SPECIALISTS" IN
   10  CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
   11  HIS OR HER PROFESSION.
   12    2. PRACTICE OF VISION REHABILITATION THERAPY  AND  USE  OF  THE  TITLE
   13  "VISION  REHABILITATION  THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
   14  AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
   15  APY OR USE THE TITLE "VISION  REHABILITATION  THERAPIST"  IN  CONNECTION
   16  WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
   17  PROFESSION.
   18    S  8903. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
   19  FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY  THE  BOARD  OF
   20  REGENTS  UPON  THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
   21  ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF  PROFES-
   22  SIONAL  LICENSING  AND  PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION
   23  SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST  OF  NOT
   24  LESS  THAN  FOURTEEN  INDIVIDUALS, FOUR OF WHOM SHALL BE LICENSED ORIEN-
   25  TATION AND MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE  LICENSED  VISION
   26  REHABILITATION  THERAPISTS,  ONE  OPHTHALMOLOGIST  SPECIALIZING  IN  LOW
   27  VISION TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW  VISION  TREATMENT
   28  AND  FOUR  OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE
   29  WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE  BOARD  FROM  ORGANIZA-
   30  TIONS  OF  THE BLIND OR VISUALLY IMPAIRED.  MEMBERS OF THE INITIAL BOARD
   31  NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO  THE  BOARD.  OF  THE
   32  MEMBERS  FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR TERM,
   33  FIVE SHALL BE APPOINTED  FOR  A  FOUR  YEAR  TERM,  AND  FIVE  SHALL  BE
   34  APPOINTED  FOR  A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR
   35  FIVE YEAR TERMS. IN THE  EVENT  THAT  MORE  THAN  FOURTEEN  MEMBERS  ARE
   36  APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
   37  TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
   38  APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
   39  TO  SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED
   40  BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.
   41    S 8904. REQUIREMENTS FOR A LICENSE.  1. TO QUALIFY FOR A LICENSE AS AN
   42  ORIENTATION AND MOBILITY SPECIALIST,  AN  APPLICANT  SHALL  FULFILL  THE
   43  FOLLOWING REQUIREMENTS:
   44    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   45    (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
   46  APPROVED ORIENTATION AND  MOBILITY  CURRICULUM  IN  A  BACCALAUREATE  OR
   47  MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
   48  WHICH  IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
   49  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
   50    (II) HAVE A MINIMUM OF THREE  MONTHS  OF  SUPERVISED  ORIENTATION  AND
   51  MOBILITY  EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFAC-
   52  TORY TO THE STATE  BOARD  FOR  VISION  REHABILITATION  SERVICES  AND  IN
   53  ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   54    (C)  EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE STATE BOARD
   55  FOR VISION REHABILITATION SERVICES IN ACCORDANCE WITH THE COMMISSIONER'S
   56  REGULATIONS.
       S. 4467--A                          4
    1    (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
    2    (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
    3  MENT;
    4    (F)  REGISTRATION:  ALL  LICENSED ORIENTATION AND MOBILITY SPECIALISTS
    5  SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN  ACCORDANCE  WITH  THE
    6  COMMISSIONER'S REGULATION;
    7    (G) MANDATORY CONTINUING COMPETENCY:  (I)(A) EACH LICENSED ORIENTATION
    8  AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
    9  ALLY  WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE
   10  PROVISIONS  OF  THE   MANDATORY   CONTINUING   COMPETENCY   REQUIREMENTS
   11  PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
   12  CLAUSES  (B)  AND  (C)  OF  THIS  SUBPARAGRAPH. ORIENTATION AND MOBILITY
   13  SPECIALISTS WHO DO  NOT  SATISFY  THE  MANDATORY  CONTINUING  COMPETENCY
   14  REQUIREMENTS  SHALL  NOT  BE  AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET
   15  SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
   16  EXCEPT THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE  WITHOUT
   17  HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
   18  TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   19    (B)  ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL BE EXEMPT FROM THE
   20  MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL  REGISTRA-
   21  TION  PERIOD  DURING  WHICH  THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE
   22  MANDATORY CONTINUING COMPETENCY  REQUIREMENTS  MAY  BE  GRANTED  BY  THE
   23  DEPARTMENT  FOR  REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN
   24  APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH  THE
   25  ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
   26  THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
   27    (C)  A  LICENSED  ORIENTATION  AND  MOBILITY SPECIALIST NOT ENGAGED IN
   28  PRACTICE, AS DETERMINED BY THE DEPARTMENT,  SHALL  BE  EXEMPT  FROM  THE
   29  MANDATORY  CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATE-
   30  MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
   31  TO PRACTICE OF THE PROFESSION OF  ORIENTATION  AND  MOBILITY  SPECIALIST
   32  DURING  THE  TRIENNIAL  REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT
   33  PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
   34  UING COMPETENCY REQUIREMENTS AS SHALL BE PRESCRIBED  BY  REGULATIONS  OF
   35  THE COMMISSIONER.
   36    (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   37  TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
   38  MUM  OF  TWENTY-FOUR  HOURS  OF  ACCEPTABLE  LEARNING  ACTIVITIES  WHICH
   39  CONTRIBUTE TO CONTINUING COMPETENCE, AS SPECIFIED IN  SUBPARAGRAPH  (IV)
   40  OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE
   41  IN  RECOGNIZED  AREAS  OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF A
   42  LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
   43  ITY SPECIALIST WHOSE FIRST REGISTRATION  DATE  FOLLOWING  THE  EFFECTIVE
   44  DATE  OF  THIS  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE
   45  DATE, BUT ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND  SIXTEEN,  SHALL
   46  COMPLETE  CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF
   47  ONE-HALF HOUR PER MONTH FOR THE  PERIOD  BEGINNING  JANUARY  FIRST,  TWO
   48  THOUSAND SIXTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICEN-
   49  SEE  WHO  HAS NOT SATISFIED THE MANDATORY CONTINUING COMPETENCY REQUIRE-
   50  MENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION  CERTIFICATE  BY  THE
   51  DEPARTMENT  AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGIS-
   52  TRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH  (III)  OF
   53  THIS  PARAGRAPH.  CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM
   54  MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
   55    (III) THE DEPARTMENT, IN  ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
   56  REGISTRATION  TO  A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
       S. 4467--A                          5
    1  REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
    2  AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL  LEARNING
    3  ACTIVITIES  WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
    4  TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
    5  FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
    6  TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
    7  YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
    8  FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
    9  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
   10  REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
   11  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   12    (IV)  AS  USED  IN  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, "ACCEPTABLE
   13  LEARNING ACTIVITIES" SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE  TO  THE
   14  PROFESSIONAL  PRACTICE  OF  AN  ORIENTATION  AND MOBILITY SPECIALIST AND
   15  WHICH MEET THE STANDARDS PRESCRIBED IN THE REGULATIONS  OF  THE  COMMIS-
   16  SIONER.  SUCH  LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,
   17  COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES,  SELF-STUDY  ACTIVITIES,
   18  INDEPENDENT  STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFES-
   19  SIONAL  JOURNALS,  PROFESSIONAL  DEVELOPMENT  PROGRAMS   AND   TECHNICAL
   20  SESSIONS;  SUCH  LEARNING  ACTIVITIES  MAY  BE  OFFERED AND SPONSORED BY
   21  NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER  ORGANIZA-
   22  TIONS  OR  PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED
   23  EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE  DEPART-
   24  MENT.  RECOGNIZED  AREAS  OF  STUDY SHALL INCLUDE BUT NOT BE LIMITED TO:
   25  KNOWLEDGE AND SKILLS  TRAINING  IN  ORIENTATION,  MOBILITY,  NAVIGATION,
   26  INDEPENDENT  LIVING,  COMMUNICATIONS AND USE OF PRESCRIBED AND, ADAPTIVE
   27  OPTICAL DEVICES; UTILIZATION OF  SPECIALIZED  TECHNIQUES  AND  EQUIPMENT
   28  INTENDED  FOR  USE  BY  PERSONS  WHO  ARE VISUALLY IMPAIRED; THE MEDICAL
   29  ASPECTS OF VISION LOSS AND ITS FUNCTIONAL  IMPACT  ON  PERSONS  WHO  ARE
   30  VISUALLY  IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS APPRO-
   31  PRIATELY RELATED TO THE PRACTICE OF VISION  REHABILITATION  SERVICES  AS
   32  MAY  BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
   33  ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
   34  CONTRIBUTE TO  THE  HEALTH  AND  WELFARE  OF  THE  PUBLIC,  REQUIRE  THE
   35  COMPLETION  OF  CONTINUING  COMPETENCY  LEARNING  ACTIVITIES IN SPECIFIC
   36  SUBJECTS TO FULFILL THIS MANDATORY  CONTINUING  COMPETENCY  REQUIREMENT.
   37  LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
   38  MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
   39    (V)  ORIENTATION  AND  MOBILITY  SPECIALISTS  SHALL  MAINTAIN ADEQUATE
   40  DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING
   41  ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE  REQUEST  OF  THE
   42  DEPARTMENT.  FAILURE  TO  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF
   43  THE DEPARTMENT SHALL BE AN ACT OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
   44  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   45    (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
   46  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
   47  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
   48  FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
   49    (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
   50  LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
   51  REGISTRATION PERIOD.
   52    2. TO QUALIFY FOR A LICENSE AS A VISION  REHABILITATION  THERAPIST  AN
   53  APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   54    (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   55    (B)   EDUCATION/EXPERIENCE:   (I)  HAVE  SATISFACTORILY  COMPLETED  AN
   56  APPROVED VISION REHABILITATION THERAPIST CURRICULUM IN  A  BACCALAUREATE
       S. 4467--A                          6
    1  OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
    2  MENT  WHICH  IS  SUBSTANTIALLY  EQUIVALENT  TO  A  BACCALAUREATE  DEGREE
    3  PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
    4    (II)  HAVE  A  MINIMUM  OF THREE MONTHS OF SUPERVISED VISION REHABILI-
    5  TATION THERAPIST EXPERIENCE WHICH SUPERVISION AND  EXPERIENCE  SHALL  BE
    6  SATISFACTORY  TO  THE STATE BOARD FOR VISION REHABILITATION SERVICES AND
    7  IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
    8    (C) EXAMINATION:  PASS AN EXAMINATION SATISFACTORY TO THE STATE  BOARD
    9  FOR VISION REHABILITATION SERVICES IN ACCORDANCE WITH THE COMMISSIONER'S
   10  REGULATIONS.
   11    (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
   12    (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
   13  MENT;
   14    (F)  REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
   15  REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE  COMMIS-
   16  SIONER'S REGULATIONS;
   17    (G)  MANDATORY  CONTINUING  COMPETENCY:   (I) (A) EACH LICENSED VISION
   18  REHABILITATION THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER  TRIEN-
   19  NIALLY  WITH  THE  DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH
   20  THE PROVISIONS  OF  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS
   21  PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
   22  CLAUSES (B) AND (C) OF THIS PARAGRAPH.  VISION REHABILITATION THERAPISTS
   23  WHO  DO  NOT  SATISFY  THE  MANDATORY CONTINUING COMPETENCY REQUIREMENTS
   24  SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THEY HAVE  MET  SUCH  REQUIRE-
   25  MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
   26  A  VISION  REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH
   27  REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION  PURSUANT
   28  TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
   29    (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
   30  RY  CONTINUING  COMPETENCY  REQUIREMENT  FOR  THE TRIENNIAL REGISTRATION
   31  PERIOD DURING WHICH THEY ARE FIRST LICENSED.  ADJUSTMENT TO THE MANDATO-
   32  RY CONTINUING COMPETENCY REQUIREMENTS MAY BE GRANTED BY  THE  DEPARTMENT
   33  FOR  REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN APPROPRIATE
   34  HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
   35  OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
   36  MENT WHICH MAY PREVENT COMPLIANCE.
   37    (C)  A  LICENSED  VISION REHABILITATION THERAPIST NOT ENGAGED IN PRAC-
   38  TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
   39  RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
   40  THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO  PRAC-
   41  TICE  OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL REGISTRATION
   42  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO  REENTERING  THE  PROFESSION
   43  AND  SHALL  MEET  SUCH  MANDATORY  CONTINUING COMPETENCY REQUIREMENTS AS
   44  SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
   45    (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
   46  TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
   47  TWENTY-FOUR HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE  TO
   48  CONTINUING  COMPETENCE,  AS SPECIFIED IN SUBPARAGRAPH (IV) OF THIS PARA-
   49  GRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE  IN  RECOG-
   50  NIZED  AREAS  OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF A LICENSED
   51  VISION REHABILITATION THERAPIST.  ANY  VISION  REHABILITATION  THERAPIST
   52  WHOSE  FIRST  REGISTRATION  DATE  FOLLOWING  THE  EFFECTIVE DATE OF THIS
   53  SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
   54  AFTER JANUARY FIRST, TWO THOUSAND  SIXTEEN,  SHALL  COMPLETE  CONTINUING
   55  COMPETENCY  HOURS  ON  A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER
   56  MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN UP TO
       S. 4467--A                          7
    1  THE FIRST REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS  NOT  SATIS-
    2  FIED  THE  MANDATORY  CONTINUING  COMPETENCY  REQUIREMENTS  SHALL NOT BE
    3  ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND  SHALL
    4  NOT  PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS
    5  ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH.  CONTIN-
    6  UING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE  TRANSFERRED
    7  TO A SUBSEQUENT TRIENNIUM.
    8    (III)  THE  DEPARTMENT,  IN  ITS  DISCRETION,  MAY ISSUE A CONDITIONAL
    9  REGISTRATION TO A LICENSEE WHO FAILS TO MEET THE  CONTINUING  COMPETENCY
   10  REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
   11  AGREES  TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
   12  ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH  A  CONDI-
   13  TIONAL  REGISTRATION  SHALL  BE THE SAME AS, AND IN ADDITION TO, THE FEE
   14  FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGIS-
   15  TRATION  SHALL  BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
   16  YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE  DENIAL  OF  REGISTRATION  FOR
   17  FAILURE  TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
   18  CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
   19  REGISTRATION, MAY BE SUBJECT TO  DISCIPLINARY  PROCEEDINGS  PURSUANT  TO
   20  SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   21    (IV)  AS  USED  IN  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, "ACCEPTABLE
   22  LEARNING ACTIVITIES" SHALL  MEAN  ACTIVITIES  WHICH  CONTRIBUTE  TO  THE
   23  PROFESSIONAL  PRACTICE  OF  A  VISION REHABILITATION THERAPIST AND WHICH
   24  MEET THE STANDARDS PRESCRIBED IN THE REGULATIONS  OF  THE  COMMISSIONER.
   25  SUCH  LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGI-
   26  ATE LEVEL CREDIT AND NON-CREDIT COURSES,  SELF-STUDY  ACTIVITIES,  INDE-
   27  PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
   28  JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
   29  LEARNING  ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE AND
   30  LOCAL PROFESSIONAL  ASSOCIATIONS  AND  OTHER  ORGANIZATIONS  OR  PARTIES
   31  ACCEPTABLE  TO  THE  DEPARTMENT, AND ANY OTHER ORGANIZED EDUCATIONAL AND
   32  TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT.   RECOGNIZED
   33  AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
   34  TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
   35  ORIENTATION,  USE  OF PRESCRIBED AND, ADAPTIVE OPTICAL DEVICES; UTILIZA-
   36  TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
   37  WHO ARE VISUALLY IMPAIRED; THE MEDICAL ASPECTS OF VISION  LOSS  AND  ITS
   38  FUNCTIONAL  IMPACT  ON PERSONS WHO ARE VISUALLY IMPAIRED; AND SUCH OTHER
   39  TECHNICAL SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE  OF
   40  VISION  REHABILITATION  SERVICES AS MAY BE SATISFACTORY TO THE BOARD AND
   41  IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THE  DEPARTMENT  MAY,
   42  IN  ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE
   43  OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY  LEARNING
   44  ACTIVITIES  IN  SPECIFIC  SUBJECTS  TO FULFILL THIS MANDATORY CONTINUING
   45  COMPETENCY REQUIREMENT.  LEARNING ACTIVITIES MUST BE TAKEN FROM A  SPON-
   46  SOR  APPROVED  BY  THE  DEPARTMENT,  PURSUANT  TO THE REGULATIONS OF THE
   47  COMMISSIONER.
   48    (V) VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE  DOCUMEN-
   49  TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
   50  ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
   51  MENT.  FAILURE  TO  PROVIDE  SUCH  DOCUMENTATION UPON THE REQUEST OF THE
   52  DEPARTMENT SHALL  BE  AN  ACT  OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
   53  PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   54    (VI)  THE  MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
   55  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL  REGISTRA-
       S. 4467--A                          8
    1  TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
    2  FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
    3    (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
    4  LICENSE  AND  A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
    5  REGISTRATION PERIOD.
    6    S 8905. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
    7  AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
    8  FOLLOWS:
    9    1.  ELIGIBILITY.  A PERSON WHO FULFILLS ALL REQUIREMENTS FOR AN ORIEN-
   10  TATION AND  MOBILITY  SPECIALIST  OR  VISION  REHABILITATION  THERAPIST,
   11  EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
   12  PERMIT.
   13    2.  LIMIT  OF  PRACTICE.  ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
   14  UNDER THE DIRECT SUPERVISION OF  A  LICENSED  ORIENTATION  AND  MOBILITY
   15  SPECIALIST OR A VISION REHABILITATION THERAPIST.
   16    3.  DURATION.  A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
   17  ISSUANCE OR UPON NOTICE TO THE PERMITTEE  BY  THE  DEPARTMENT  THAT  THE
   18  APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
   19  TEE  OF  FAILURE  ON  THE  PROFESSIONAL LICENSING EXAMINATION, WHICHEVER
   20  FIRST OCCURS.
   21    4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
   22    S 8906. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO  AFFECT
   23  OR  PREVENT  THE FOLLOWING, PROVIDED THAT NO TITLE, SIGN, CARD OR DEVICE
   24  SHALL BE USED IN SUCH MANNER AS TO TEND TO CONVEY  THE  IMPRESSION  THAT
   25  THE PERSON RENDERING SUCH SERVICE IS A LICENSED ORIENTATION AND MOBILITY
   26  SPECIALIST OR VISION REHABILITATION THERAPIST:
   27    1.  THE  PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
   28  BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
   29  ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
   30  AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
   31    2. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
   32  INCLUDED  IN  THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
   33  OTHER DULY LICENSED,  CERTIFIED  OR  REGISTERED  HEALTH  CARE  PROVIDER,
   34  PROVIDED  THAT  SUCH  DUTIES,  TASKS AND RESPONSIBILITIES ARE WITHIN THE
   35  SCOPE OF HIS OR HER PRACTICE AS DEFINED  IN  THIS  ARTICLE  PURSUANT  TO
   36  WHICH SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEV-
   37  ER,  THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE
   38  "LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
   39  ORIENTATION AND MOBILITY TRAINING.
   40    3. THE PERFORMANCE OF ANY OF THE DUTIES,  TASKS  AND  RESPONSIBILITIES
   41  INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
   42  DULY  LICENSED,  CERTIFIED  OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
   43  THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
   44  OR HER PRACTICE AS DEFINED IN THIS ARTICLE OR COMMISSIONER'S  REGULATION
   45  PURSUANT  TO  WHICH  SUCH  PERSON  IS LICENSED, CERTIFIED OR REGISTERED;
   46  PROVIDED, HOWEVER, THAT SUCH PRACTITIONERS MAY NOT HOLD  THEMSELVES  OUT
   47  UNDER THE TITLE "LICENSED VISION REHABILITATION THERAPIST".
   48    4.  THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
   49  ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE  WITHIN
   50  THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
   51  ANY  PERSON  REGISTERED  TO  PERFORM  SERVICES  AS A PHYSICIAN ASSISTANT
   52  PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
   53    5. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR  VISION  REHA-
   54  BILITATION  THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF ORIENTATION
   55  AND MOBILITY TRAINING OR VISION  REHABILITATION  THERAPY  OF  ANY  OTHER
   56  STATE  OR  TERRITORY  WHO  IS  SERVING IN THE ARMED FORCES OR THE PUBLIC
       S. 4467--A                          9
    1  HEALTH SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE  OF
    2  HIS OR HER DUTIES.
    3    6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
    4    7.  THE  PROVISION  OF  ORIENTATION  AND MOBILITY TRAINING SERVICES AS
    5  DEFINED IN SUBDIVISION ONE OF SECTION EIGHTY-NINE HUNDRED  ONE  OF  THIS
    6  TITLE  OR VISION REHABILITATION THERAPY AS DEFINED IN SUBDIVISION TWO OF
    7  SECTION EIGHTY-NINE HUNDRED ONE OF THIS TITLE TO THE EXTENT  PERMISSIBLE
    8  WITHIN  THE  SCOPE  OF  PRACTICE  OF  ORIENTATION  AND MOBILITY TRAINING
    9  SERVICES OR VISION REHABILITATION SERVICES, BY ANY NOT-FOR-PROFIT CORPO-
   10  RATION OR EDUCATION CORPORATION PROVIDING SERVICES WITHIN THE  STATE  OF
   11  NEW  YORK  AND  OPERATING  UNDER A WAIVER PURSUANT TO SECTION SIXTY-FIVE
   12  HUNDRED THREE-A OF THIS TITLE,  PROVIDED  THAT  SUCH  ENTITIES  OFFERING
   13  ORIENTATION  AND  MOBILITY  TRAINING  SERVICES  OR VISION REHABILITATION
   14  SERVICES SHALL ONLY PROVIDE SUCH SERVICES THROUGH AN  INDIVIDUAL  APPRO-
   15  PRIATELY  LICENSED OR OTHERWISE AUTHORIZED TO PROVIDE SUCH SERVICES OR A
   16  PROFESSIONAL ENTITY AUTHORIZED BY LAW TO PROVIDE SUCH SERVICES.
   17    S 8907. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED  WITHOUT  EXAM-
   18  INATION  PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
   19  ARTICLE, SUCH PERSON:
   20    1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO  THE  DEPART-
   21  MENT;
   22    2.  (A)  HOLDS  A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
   23  MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
   24  ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR  EQUIVALENT
   25  AS  DETERMINED  BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
   26  BILITATION THERAPY; OR (C) HOLDS  A  BACHELOR'S  DEGREE  OR  HIGHER,  OR
   27  EQUIVALENT  AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
   28  IN SPECIAL EDUCATION AND (I) HAS  COMPLETED  ALL  ADDITIONALLY  REQUIRED
   29  ELEMENTS  OF  THE  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
   30  TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD  AND  IN  ACCORDANCE
   31  WITH  THE  COMMISSIONER'S  REGULATIONS;  OR  (II)  HAS BEEN CERTIFIED IN
   32  ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY  A
   33  NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
   34    3.  SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
   35  MENT IN THE PRACTICE OF ORIENTATION  AND  MOBILITY  TRAINING  OR  VISION
   36  REHABILITATION  THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
   37  THE COMMISSIONER'S REGULATIONS, WHETHER SUCH  EXPERIENCE  OR  EMPLOYMENT
   38  OCCURS WITHIN OR WITHOUT THIS STATE.
   39    S 8908. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
   40  SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
   41  SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE  THE  REMAINDER  OF
   42  ANY OTHER SECTION OR PART THEREOF.
   43    S  2.  This  act shall take effect eighteen months after it shall have
   44  become a law; provided, however, that paragraph (g) of subdivision 1  of
   45  section  8904  of  the education law as added by section one of this act
   46  shall take effect fifty-four months after it shall have  become  a  law.
   47  The commissioner of education and the board of regents are authorized to
   48  promulgate such rules and regulations and take any other measures as may
   49  be  necessary for the timely implementation of this act on or before its
   50  effective date, including but not limited  to  the  appointment  of  the
   51  state board for vision rehabilitation services, the acceptance and proc-
   52  essing of applications for licensure, and the issuance of licenses.