STATE OF NEW YORK
________________________________________________________________________
2907
2023-2024 Regular Sessions
IN SENATE
January 25, 2023
___________
Introduced by Sens. PERSAUD, 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, the social services law, the limited
liability company law and the partnership law, in relation to the
licensing of vision impairment specialists; and providing for the
repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 169 to
2 read as follows:
3 ARTICLE 169
4 VISION IMPAIRMENT SPECIALISTS
5 Section 8900. Introduction.
6 8901. Definitions.
7 8902. Use of titles.
8 8903. State board for vision impairment specialists.
9 8904. Requirements for a license with a specialization as an
10 orientation and mobility specialist.
11 8905. Requirements for a license with a specialization as a
12 vision rehabilitation therapist.
13 8906. Limited permits.
14 8907. Exempt persons.
15 8908. Special provisions.
16 8909. Separability.
17 § 8900. Introduction. This article applies to the profession of vision
18 impairment specialists, and provides for the licensing of orientation
19 and mobility specialists and vision rehabilitation therapists. The
20 general provisions for all professions contained in article one hundred
21 thirty of this title shall apply to this article.
22 § 8901. Definitions. For purposes of this article, the following terms
23 shall have the following meanings:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05271-01-3
S. 2907 2
1 1. The practice of "vision impairment specialist" shall mean providing
2 assessment and evaluation of, and training for, persons who are visually
3 impaired when such assessment, evaluation and training incorporates the
4 full range of specialized skills and tasks subsumed in the specializa-
5 tions of the profession defined in this section as: (a) orientation and
6 mobility training, and (b) vision rehabilitation therapy. Such services
7 shall be rendered on the prescription or referral which may be directive
8 as to treatment by a licensed physician, nurse practitioner, ophthalmol-
9 ogist or optometrist, provided however that no such treatment directive
10 and low vision examination shall be required when the person being
11 referred has been diagnosed within the previous twelve months as visual-
12 ly impaired, blind or legally blind as those terms are defined in subdi-
13 vision six of this section and such services are being rendered consist-
14 ent with that diagnosis, prescription or referral. Vision rehabilitation
15 therapists, and orientation and mobility specialists may not prescribe
16 optical low vision devices.
17 2. The practice of "vision impairment specialist" shall mean one who
18 specializes in orientation and mobility training and/or vision rehabili-
19 tation therapy.
20 3. The practice of "orientation and mobility training" shall mean:
21 (a) the assessment of individual needs of persons who are visually
22 impaired for skills training in methods of safe movement and in strate-
23 gies to gather required environmental and spatial information; (b) the
24 development of appropriate integrated service plans tailored to meet
25 such individual needs as identified in such assessment process; (c) the
26 provision of training in, and utilization of (i) equipment and adaptive
27 devices intended and designed for use by persons who are visually
28 impaired, and (ii) specialized techniques adapted for persons who are
29 visually impaired, including but not limited to orientation; sensory
30 development; systems of safe movement, including long cane techniques;
31 resource identification and, as appropriate, professional referrals;
32 and, in applied settings, reinforcing instruction for the use of optical
33 devices as prescribed by optometrists and ophthalmologists; and (d) the
34 evaluation of clients receiving such specialized training.
35 4. The practice of "vision rehabilitation therapy" shall mean: (a) the
36 assessment of individual needs of persons who are visually impaired for
37 skills training in independent living and communications; (b) the devel-
38 opment of appropriate integrated service plans tailored to meet such
39 individual needs as identified in such assessment process; (c) the
40 provision of training in, and utilization of (i) equipment and adaptive
41 devices intended and designed for use by persons who are visually
42 impaired, including, in applied settings, reinforcing instruction for
43 the use of optical devices as prescribed by optometrists or ophthalmolo-
44 gists, and (ii) specialized techniques adapted for persons who are visu-
45 ally impaired, including but not limited to Braille and other communi-
46 cation skills; adapted computer technology; personal management skills;
47 home management skills; problem solving skills; resource management and,
48 as appropriate, professional referrals; and (d) the evaluation of
49 persons receiving such specialized training.
50 5. "Applied settings" means those locations where persons who are
51 visually impaired engage in day-to-day activities utilizing the tools
52 supplied and techniques taught by the licensed practitioners defined in
53 this article.
54 6. "Visually impaired" means a person who is totally blind, legally
55 blind or partially sighted. A person who is totally blind is one who has
56 no useable vision. A person who is legally blind is one who satisfies
S. 2907 3
1 the definition set forth in subdivision b of section three of chapter
2 four hundred fifteen of the laws of nineteen hundred thirteen. A person
3 who is partially sighted is one who has functional vision impairment
4 that constitutes a significant limitation of visual capability resulting
5 from disease, trauma, or congenital condition, that cannot be fully
6 ameliorated by standard refractive correction, medication, or surgery,
7 and that is manifested by one or more of the following: insufficient
8 visual resolution, inadequate field of vision or reduced peak contrast
9 sensitivity.
10 7. "Board" shall mean the state board for vision impairment special-
11 ists as provided for in section eighty-nine hundred three of this arti-
12 cle.
13 § 8902. Use of titles. Only a person licensed or otherwise authorized
14 under this article shall be authorized to practice as a vision impair-
15 ment specialist or use the title "licensed orientation and mobility
16 specialist" or "licensed vision rehabilitation therapist" in connection
17 with his or her name or with any trade name in the conduct of his or her
18 profession.
19 § 8903. State board for vision impairment specialists. A state board
20 for vision impairment specialists shall be appointed by the board of
21 regents upon the recommendation of the commissioner for the purpose of
22 assisting the board of regents and the department on matters of profes-
23 sional licensing and professional conduct in accordance with section
24 sixty-five hundred eight of this title. The board shall consist of not
25 less than nine individuals, two of whom shall be licensed orientation
26 and mobility specialists, two of whom shall be licensed vision rehabili-
27 tation therapists, one ophthalmologist, one optometrist, one public
28 representative as defined in paragraph b of subdivision one of section
29 sixty-five hundred eight of this title and two of whom shall be blind
30 representatives of the public at large whose names will be placed in
31 nomination for the board from organizations of the blind or visually
32 impaired. Members of the initial board need not be licensed or certified
33 prior to their appointment to the board, so long as they are certified
34 by a national certifying or accrediting board, acceptable to the depart-
35 ment. Of the members first appointed, two shall be appointed for a
36 three-year term, three shall be appointed for a four-year term, and
37 three shall be appointed for a five-year term. Thereafter all members
38 shall serve for five-year terms. In the event that more than eight
39 members are appointed, a majority of the additional members shall be
40 licensed orientation and mobility specialists and licensed vision reha-
41 bilitation therapists. The members of the board shall select one of
42 themselves as chair to serve for a one-year term. An executive secretary
43 shall be appointed by the board of regents upon the recommendation of
44 the commissioner.
45 § 8904. Requirements for a license with a specialization as an orien-
46 tation and mobility specialist. To qualify for a license as an orien-
47 tation and mobility specialist, an applicant shall fulfill the following
48 requirements:
49 1. Application: file an application with the department;
50 2. Education: have satisfactorily completed an approved curriculum in
51 orientation and mobility services including visual disabilities, vision
52 education, vision impairment or other equivalent program in a baccalau-
53 reate or graduate level program or a foreign equivalent, satisfactory to
54 the department and in accordance with the commissioner's regulations;
55 3. Examination: pass an examination satisfactory to the department in
56 accordance with the commissioner's regulations;
S. 2907 4
1 4. Age: be at least twenty-one years of age;
2 5. Character: be of good moral character as determined by the depart-
3 ment; and
4 6. Registration: all licensed orientation and mobility specialists
5 shall register triennially with the department in accordance with the
6 commissioner's regulation.
7 7. Fee: a fee of two hundred dollars for an initial license and a fee
8 of one hundred fifty dollars for each triennial registration period.
9 § 8905. Requirements for a license with a specialization as a vision
10 rehabilitation therapist. To qualify for a license as a vision rehabili-
11 tation therapist an applicant shall fulfill the following requirements:
12 1. Application: file an application with the department;
13 2. Education: have satisfactorily completed an approved curriculum in
14 vision rehabilitation therapy including visual disabilities, vision
15 education, vision impairment or other equivalent program in a baccalau-
16 reate or graduate level program, or a foreign equivalent, satisfactory
17 to the department and in accordance with the commissioner's regulations;
18 3. Examination: pass an examination satisfactory to the department in
19 accordance with the commissioner's regulations;
20 4. Age: be at least twenty-one years of age;
21 5. Character: be of good moral character as determined by the depart-
22 ment; and
23 6. Registration: all licensed vision rehabilitation therapists shall
24 register triennially with the department in accordance with the commis-
25 sioner's regulations.
26 7. Fee: a fee of two hundred dollars for an initial license and a fee
27 of one hundred fifty dollars for each triennial registration period.
28 § 8906. Limited permits. The following requirements for a limited
29 permit shall apply to all professions licensed or certified pursuant to
30 this article:
31 1. On the recommendation of the board, the department may issue a
32 limited permit to an applicant who meets the education requirements for
33 licensure, except the examination and/or experience requirements, in
34 accordance with regulations promulgated therefor.
35 2. Limited permits shall be for one year and may be renewed, at the
36 discretion of the department, for one additional year.
37 3. The fee for each limited permit and for each renewal shall be
38 seventy dollars.
39 4. A limited permit holder shall practice only under supervision as
40 determined in accordance with the commissioner's regulations.
41 § 8907. Exempt persons. This article shall not be construed to affect
42 or prevent the following, provided that no title, sign, card or device
43 shall be used in such manner as to tend to convey the impression that
44 the person rendering such service is a licensed vision impairment
45 specialist:
46 1. The practice of licensed vision impairment specialist as an inte-
47 gral part of a program of study by students enrolled in approved educa-
48 tional or training programs in (a) orientation and mobility training or
49 (b) vision rehabilitation therapy.
50 2. Nothing contained in this article shall be construed to limit the
51 scopes of practice of any other profession licensed under this title;
52 provided, however, that such practitioners may not hold themselves out
53 under the titles "licensed vision impairment specialist", and/or
54 "licensed vision impairment specialist with a specialization in orien-
55 tation and mobility", and/or "licensed vision impairment specialist with
56 a specialization in vision rehabilitation therapy".
S. 2907 5
1 3. Nothing in this article shall be construed as prohibiting a person
2 from performing the duties of a licensed vision impairment specialist,
3 in the course of such employment, if such person is employed by a feder-
4 al, state, county, town, city or village agency or other political
5 subdivision except that this exception from licensure shall not apply to
6 persons employed by institutions regulated primarily by the education
7 department.
8 4. This article shall not be construed to prohibit care delivered by
9 any family member, household member or friend, or person employed prima-
10 rily in a domestic capacity who does not hold himself or herself out, or
11 accept employment, as a person licensed to practice as a vision impair-
12 ment specialist under the provisions of this article; provided, however,
13 that if such person is remunerated, the person does not hold himself or
14 herself out as one who accepts employment for performing such care.
15 5. The instruction in the use of a dog guide.
16 6. Nothing in this article shall be construed as prohibiting a
17 licensed teacher of the visually impaired from performing any of the
18 duties, tasks or responsibilities within that scope of practice.
19 7. The instruction in the use of Braille.
20 § 8908. Special provisions. An individual who meets the requirements
21 for a license as a licensed vision impairment specialist with a special-
22 ization in orientation and mobility and/or vision rehabilitation, except
23 for examination, experience and education, and who is certified or
24 registered by a national certifying body having certification or regis-
25 tration standards acceptable to the commissioner, or an individual who
26 has worked as a vision impairment specialist focused on vision rehabili-
27 tation therapy and/or orientation and mobility in a workplace setting
28 which is primarily devoted to the treatment of individuals with vision
29 loss and blindness for at least three years, may be licensed, without
30 meeting additional requirements as to examination, experience and educa-
31 tion, provided that such individual submits an application to the
32 department within three years of the effective date of this section.
33 § 8909. Separability. If any section of this article, or part thereof,
34 shall be adjudged by any court of competent jurisdiction to be invalid,
35 such judgment shall not affect, impair or invalidate the remainder of
36 any other section or part thereof.
37 § 2. Subparagraph (i) of paragraph a of subdivision 1 of section
38 6503-a of the education law, as amended by chapter 554 of the laws of
39 2013, is amended to read as follows:
40 (i) services provided under article one hundred fifty-four, one
41 hundred sixty-three [or], one hundred sixty-seven or article one hundred
42 sixty-nine of this title for which licensure would be required, or
43 § 3. Paragraph a of subdivision 3 of section 6507 of the education
44 law, as amended by chapter 479 of the laws of 2022, is amended to read
45 as follows:
46 a. Establish standards for preprofessional and professional education,
47 experience and licensing examinations as required to implement the arti-
48 cle for each profession. Notwithstanding any other provision of law, the
49 commissioner shall establish standards requiring that all persons apply-
50 ing, on or after January first, nineteen hundred ninety-one, initially,
51 or for the renewal of, a license, registration or limited permit to be a
52 physician, chiropractor, dentist, registered nurse, podiatrist, optome-
53 trist, psychiatrist, psychologist, licensed master social worker,
54 licensed clinical social worker, licensed creative arts therapist,
55 licensed marriage and family therapist, licensed mental health counse-
56 lor, licensed psychoanalyst, dental hygienist, licensed behavior
S. 2907 6
1 analyst, [or] certified behavior analyst assistant, or licensed vision
2 impairment specialist shall, in addition to all the other licensure,
3 certification or permit requirements, have completed two hours of
4 coursework or training regarding the identification and reporting of
5 child abuse and maltreatment. The coursework or training shall be
6 obtained from an institution or provider which has been approved by the
7 department to provide such coursework or training. The coursework or
8 training shall include information regarding the physical and behavioral
9 indicators of child abuse and maltreatment and the statutory reporting
10 requirements set out in sections four hundred thirteen through four
11 hundred twenty of the social services law, including but not limited to,
12 when and how a report must be made, what other actions the reporter is
13 mandated or authorized to take, the legal protections afforded repor-
14 ters, and the consequences for failing to report. Such coursework or
15 training may also include information regarding the physical and behav-
16 ioral indicators of the abuse of individuals with developmental disabil-
17 ities and voluntary reporting of abused or neglected adults to the
18 office for people with developmental disabilities or the local adult
19 protective services unit. Each applicant shall provide the department
20 with documentation showing that he or she has completed the required
21 training. The department shall provide an exemption from the child abuse
22 and maltreatment training requirements to any applicant who requests
23 such an exemption and who shows, to the department's satisfaction, that
24 there would be no need because of the nature of his or her practice for
25 him or her to complete such training;
26 § 4. Paragraph (a) of subdivision 1 of section 413 of the social
27 services law, as amended by section 7 of part C of chapter 57 of the
28 laws of 2018, is amended to read as follows:
29 (a) The following persons and officials are required to report or
30 cause a report to be made in accordance with this title when they have
31 reasonable cause to suspect that a child coming before them in their
32 professional or official capacity is an abused or maltreated child, or
33 when they have reasonable cause to suspect that a child is an abused or
34 maltreated child where the parent, guardian, custodian or other person
35 legally responsible for such child comes before them in their profes-
36 sional or official capacity and states from personal knowledge facts,
37 conditions or circumstances which, if correct, would render the child an
38 abused or maltreated child: any physician; registered physician assist-
39 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
40 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
41 psychologist; registered nurse; social worker; emergency medical techni-
42 cian; licensed creative arts therapist; licensed marriage and family
43 therapist; licensed mental health counselor; licensed psychoanalyst;
44 licensed behavior analyst; certified behavior analyst assistant;
45 licensed vision impairment specialist; hospital personnel engaged in the
46 admission, examination, care or treatment of persons; a Christian
47 Science practitioner; school official, which includes but is not limited
48 to school teacher, school guidance counselor, school psychologist,
49 school social worker, school nurse, school administrator or other school
50 personnel required to hold a teaching or administrative license or
51 certificate; full or part-time compensated school employee required to
52 hold a temporary coaching license or professional coaching certificate;
53 social services worker; employee of a publicly-funded emergency shelter
54 for families with children; director of a children's overnight camp,
55 summer day camp or traveling summer day camp, as such camps are defined
56 in section thirteen hundred ninety-two of the public health law; day
S. 2907 7
1 care center worker; school-age child care worker; provider of family or
2 group family day care; employee or volunteer in a residential care
3 facility for children that is licensed, certified or operated by the
4 office of children and family services; or any other child care or
5 foster care worker; mental health professional; substance abuse counse-
6 lor; alcoholism counselor; all persons credentialed by the office of
7 alcoholism and substance abuse services; employees, who are expected to
8 have regular and substantial contact with children, of a health home or
9 health home care management agency contracting with a health home as
10 designated by the department of health and authorized under section
11 three hundred sixty-five-l of this chapter or such employees who provide
12 home and community based services under a demonstration program pursuant
13 to section eleven hundred fifteen of the federal social security act who
14 are expected to have regular and substantial contact with children;
15 peace officer; police officer; district attorney or assistant district
16 attorney; investigator employed in the office of a district attorney; or
17 other law enforcement official.
18 § 5. Section 6505-b of the education law, as amended by chapter 10 of
19 the laws of 2018, is amended to read as follows:
20 § 6505-b. Course work or training in infection control practices.
21 Every dentist, registered nurse, licensed practical nurse, vision
22 impairment specialist, podiatrist, optometrist and dental hygienist
23 practicing in the state shall, on or before July first, nineteen hundred
24 ninety-four and every four years thereafter, complete course work or
25 training appropriate to the professional's practice approved by the
26 department regarding infection control, which shall include sepsis, and
27 barrier precautions, including engineering and work practice controls,
28 in accordance with regulatory standards promulgated by the department,
29 in consultation with the department of health, which shall be consist-
30 ent, as far as appropriate, with such standards adopted by the depart-
31 ment of health pursuant to section two hundred thirty-nine of the public
32 health law to prevent the transmission of HIV, HBV, HCV and infections
33 that could lead to sepsis in the course of professional practice. Each
34 such professional shall document to the department at the time of regis-
35 tration commencing with the first registration after July first, nine-
36 teen hundred ninety-four that the professional has completed course work
37 or training in accordance with this section, provided, however that a
38 professional subject to the provisions of paragraph (f) of subdivision
39 one of section twenty-eight hundred five-k of the public health law
40 shall not be required to so document. The department shall provide an
41 exemption from this requirement to anyone who requests such an exemption
42 and who (i) clearly demonstrates to the department's satisfaction that
43 there would be no need for him or her to complete such course work or
44 training because of the nature of his or her practice or (ii) that he or
45 she has completed course work or training deemed by the department to be
46 equivalent to the course work or training approved by the department
47 pursuant to this section. The department shall consult with organiza-
48 tions representative of professions, institutions and those with exper-
49 tise in infection control and HIV, HBV, HCV and infections that could
50 lead to sepsis with respect to the regulatory standards promulgated
51 pursuant to this section.
52 § 6. Subdivision (a) of section 1203 of the limited liability company
53 law, as amended by chapter 475 of the laws of 2014, is amended to read
54 as follows:
55 (a) Notwithstanding the education law or any other provision of law,
56 one or more professionals each of whom is authorized by law to render a
S. 2907 8
1 professional service within the state, or one or more professionals, at
2 least one of whom is authorized by law to render a professional service
3 within the state, may form, or cause to be formed, a professional
4 service limited liability company for pecuniary profit under this arti-
5 cle for the purpose of rendering the professional service or services as
6 such professionals are authorized to practice. With respect to a profes-
7 sional service limited liability company formed to provide medical
8 services as such services are defined in article 131 of the education
9 law, each member of such limited liability company must be licensed
10 pursuant to article 131 of the education law to practice medicine in
11 this state. With respect to a professional service limited liability
12 company formed to provide dental services as such services are defined
13 in article 133 of the education law, each member of such limited liabil-
14 ity company must be licensed pursuant to article 133 of the education
15 law to practice dentistry in this state. With respect to a professional
16 service limited liability company formed to provide veterinary services
17 as such services are defined in article 135 of the education law, each
18 member of such limited liability company must be licensed pursuant to
19 article 135 of the education law to practice veterinary medicine in this
20 state. With respect to a professional service limited liability company
21 formed to provide professional engineering, land surveying, architec-
22 tural, landscape architectural and/or geological services as such
23 services are defined in article 145, article 147 and article 148 of the
24 education law, each member of such limited liability company must be
25 licensed pursuant to article 145, article 147 and/or article 148 of the
26 education law to practice one or more of such professions in this state.
27 With respect to a professional service limited liability company formed
28 to provide licensed clinical social work services as such services are
29 defined in article 154 of the education law, each member of such limited
30 liability company shall be licensed pursuant to article 154 of the
31 education law to practice licensed clinical social work in this state.
32 With respect to a professional service limited liability company formed
33 to provide creative arts therapy services as such services are defined
34 in article 163 of the education law, each member of such limited liabil-
35 ity company must be licensed pursuant to article 163 of the education
36 law to practice creative arts therapy in this state. With respect to a
37 professional service limited liability company formed to provide
38 marriage and family therapy services as such services are defined in
39 article 163 of the education law, each member of such limited liability
40 company must be licensed pursuant to article 163 of the education law to
41 practice marriage and family therapy in this state. With respect to a
42 professional service limited liability company formed to provide mental
43 health counseling services as such services are defined in article 163
44 of the education law, each member of such limited liability company must
45 be licensed pursuant to article 163 of the education law to practice
46 mental health counseling in this state. With respect to a professional
47 service limited liability company formed to provide psychoanalysis
48 services as such services are defined in article 163 of the education
49 law, each member of such limited liability company must be licensed
50 pursuant to article 163 of the education law to practice psychoanalysis
51 in this state. With respect to a professional service limited liability
52 company formed to provide applied behavior analysis services as such
53 services are defined in article 167 of the education law, each member of
54 such limited liability company must be licensed or certified pursuant to
55 article 167 of the education law to practice applied behavior analysis
56 in this state. With respect to a professional service limited liability
S. 2907 9
1 company formed to provide vision impairment specialist services as such
2 services are defined in article 169 of the education law, each member of
3 such limited liability company must be licensed pursuant to article 169
4 of the education law to practice as a vision impairment specialist in
5 this state. In addition to engaging in such profession or professions, a
6 professional service limited liability company may engage in any other
7 business or activities as to which a limited liability company may be
8 formed under section two hundred one of this chapter. Notwithstanding
9 any other provision of this section, a professional service limited
10 liability company (i) authorized to practice law may only engage in
11 another profession or business or activities or (ii) which is engaged in
12 a profession or other business or activities other than law may only
13 engage in the practice of law, to the extent not prohibited by any other
14 law of this state or any rule adopted by the appropriate appellate divi-
15 sion of the supreme court or the court of appeals.
16 § 7. Subdivision (b) of section 1207 of the limited liability company
17 law, as amended by chapter 475 of the laws of 2014, is amended to read
18 as follows:
19 (b) With respect to a professional service limited liability company
20 formed to provide medical services as such services are defined in arti-
21 cle 131 of the education law, each member of such limited liability
22 company must be licensed pursuant to article 131 of the education law to
23 practice medicine in this state. With respect to a professional service
24 limited liability company formed to provide dental services as such
25 services are defined in article 133 of the education law, each member of
26 such limited liability company must be licensed pursuant to article 133
27 of the education law to practice dentistry in this state. With respect
28 to a professional service limited liability company formed to provide
29 veterinary services as such services are defined in article 135 of the
30 education law, each member of such limited liability company must be
31 licensed pursuant to article 135 of the education law to practice veter-
32 inary medicine in this state. With respect to a professional service
33 limited liability company formed to provide professional engineering,
34 land surveying, architectural, landscape architectural and/or geological
35 services as such services are defined in article 145, article 147 and
36 article 148 of the education law, each member of such limited liability
37 company must be licensed pursuant to article 145, article 147 and/or
38 article 148 of the education law to practice one or more of such
39 professions in this state. With respect to a professional service limit-
40 ed liability company formed to provide licensed clinical social work
41 services as such services are defined in article 154 of the education
42 law, each member of such limited liability company shall be licensed
43 pursuant to article 154 of the education law to practice licensed clin-
44 ical social work in this state. With respect to a professional service
45 limited liability company formed to provide creative arts therapy
46 services as such services are defined in article 163 of the education
47 law, each member of such limited liability company must be licensed
48 pursuant to article 163 of the education law to practice creative arts
49 therapy in this state. With respect to a professional service limited
50 liability company formed to provide marriage and family therapy services
51 as such services are defined in article 163 of the education law, each
52 member of such limited liability company must be licensed pursuant to
53 article 163 of the education law to practice marriage and family therapy
54 in this state. With respect to a professional service limited liability
55 company formed to provide mental health counseling services as such
56 services are defined in article 163 of the education law, each member of
S. 2907 10
1 such limited liability company must be licensed pursuant to article 163
2 of the education law to practice mental health counseling in this state.
3 With respect to a professional service limited liability company formed
4 to provide psychoanalysis services as such services are defined in arti-
5 cle 163 of the education law, each member of such limited liability
6 company must be licensed pursuant to article 163 of the education law to
7 practice psychoanalysis in this state. With respect to a professional
8 service limited liability company formed to provide applied behavior
9 analysis services as such services are defined in article 167 of the
10 education law, each member of such limited liability company must be
11 licensed or certified pursuant to article 167 of the education law to
12 practice applied behavior analysis in this state. With respect to a
13 professional service limited liability company formed to provide vision
14 impairment specialist services as such services are defined in article
15 169 of the education law, each member of such limited liability company
16 must be licensed pursuant to article 169 of the education law to prac-
17 tice as a vision impairment specialist in this state.
18 § 8. Subdivision (a) of section 1301 of the limited liability company
19 law, as amended by chapter 475 of the laws of 2014, is amended to read
20 as follows:
21 (a) "Foreign professional service limited liability company" means a
22 professional service limited liability company, whether or not denomi-
23 nated as such, organized under the laws of a jurisdiction other than
24 this state, (i) each of whose members and managers, if any, is a profes-
25 sional authorized by law to render a professional service within this
26 state and who is or has been engaged in the practice of such profession
27 in such professional service limited liability company or a predecessor
28 entity, or will engage in the practice of such profession in the profes-
29 sional service limited liability company within thirty days of the date
30 such professional becomes a member, or each of whose members and manag-
31 ers, if any, is a professional at least one of such members is author-
32 ized by law to render a professional service within this state and who
33 is or has been engaged in the practice of such profession in such
34 professional service limited liability company or a predecessor entity,
35 or will engage in the practice of such profession in the professional
36 service limited liability company within thirty days of the date such
37 professional becomes a member, or (ii) authorized by, or holding a
38 license, certificate, registration or permit issued by the licensing
39 authority pursuant to, the education law to render a professional
40 service within this state; except that all members and managers, if any,
41 of a foreign professional service limited liability company that
42 provides health services in this state shall be licensed in this state.
43 With respect to a foreign professional service limited liability company
44 which provides veterinary services as such services are defined in arti-
45 cle 135 of the education law, each member of such foreign professional
46 service limited liability company shall be licensed pursuant to article
47 135 of the education law to practice veterinary medicine. With respect
48 to a foreign professional service limited liability company which
49 provides medical services as such services are defined in article 131 of
50 the education law, each member of such foreign professional service
51 limited liability company must be licensed pursuant to article 131 of
52 the education law to practice medicine in this state. With respect to a
53 foreign professional service limited liability company which provides
54 dental services as such services are defined in article 133 of the
55 education law, each member of such foreign professional service limited
56 liability company must be licensed pursuant to article 133 of the educa-
S. 2907 11
1 tion law to practice dentistry in this state. With respect to a foreign
2 professional service limited liability company which provides profes-
3 sional engineering, land surveying, geologic, architectural and/or land-
4 scape architectural services as such services are defined in article
5 145, article 147 and article 148 of the education law, each member of
6 such foreign professional service limited liability company must be
7 licensed pursuant to article 145, article 147 and/or article 148 of the
8 education law to practice one or more of such professions in this state.
9 With respect to a foreign professional service limited liability company
10 which provides licensed clinical social work services as such services
11 are defined in article 154 of the education law, each member of such
12 foreign professional service limited liability company shall be licensed
13 pursuant to article 154 of the education law to practice clinical social
14 work in this state. With respect to a foreign professional service
15 limited liability company which provides creative arts therapy services
16 as such services are defined in article 163 of the education law, each
17 member of such foreign professional service limited liability company
18 must be licensed pursuant to article 163 of the education law to prac-
19 tice creative arts therapy in this state. With respect to a foreign
20 professional service limited liability company which provides marriage
21 and family therapy services as such services are defined in article 163
22 of the education law, each member of such foreign professional service
23 limited liability company must be licensed pursuant to article 163 of
24 the education law to practice marriage and family therapy in this state.
25 With respect to a foreign professional service limited liability company
26 which provides mental health counseling services as such services are
27 defined in article 163 of the education law, each member of such foreign
28 professional service limited liability company must be licensed pursuant
29 to article 163 of the education law to practice mental health counseling
30 in this state. With respect to a foreign professional service limited
31 liability company which provides psychoanalysis services as such
32 services are defined in article 163 of the education law, each member of
33 such foreign professional service limited liability company must be
34 licensed pursuant to article 163 of the education law to practice
35 psychoanalysis in this state. With respect to a foreign professional
36 service limited liability company which provides applied behavior analy-
37 sis services as such services are defined in article 167 of the educa-
38 tion law, each member of such foreign professional service limited
39 liability company must be licensed or certified pursuant to article 167
40 of the education law to practice applied behavior analysis in this
41 state. With respect to a foreign professional service limited liability
42 company which provides vision impairment specialist services as such
43 services are defined in article 169 of the education law, each member of
44 such foreign professional service limited liability company must be
45 licensed pursuant to article 169 of the education law to practice as a
46 vision impairment specialist in this state.
47 § 9. Subdivision (q) of section 121-1500 of the partnership law, as
48 amended by chapter 475 of the laws of 2014, is amended to read as
49 follows:
50 (q) Each partner of a registered limited liability partnership formed
51 to provide medical services in this state must be licensed pursuant to
52 article 131 of the education law to practice medicine in this state and
53 each partner of a registered limited liability partnership formed to
54 provide dental services in this state must be licensed pursuant to arti-
55 cle 133 of the education law to practice dentistry in this state. Each
56 partner of a registered limited liability partnership formed to provide
S. 2907 12
1 veterinary services in this state must be licensed pursuant to article
2 135 of the education law to practice veterinary medicine in this state.
3 Each partner of a registered limited liability partnership formed to
4 provide professional engineering, land surveying, geological services,
5 architectural and/or landscape architectural services in this state must
6 be licensed pursuant to article 145, article 147 and/or article 148 of
7 the education law to practice one or more of such professions in this
8 state. Each partner of a registered limited liability partnership formed
9 to provide licensed clinical social work services in this state must be
10 licensed pursuant to article 154 of the education law to practice clin-
11 ical social work in this state. Each partner of a registered limited
12 liability partnership formed to provide creative arts therapy services
13 in this state must be licensed pursuant to article 163 of the education
14 law to practice creative arts therapy in this state. Each partner of a
15 registered limited liability partnership formed to provide marriage and
16 family therapy services in this state must be licensed pursuant to arti-
17 cle 163 of the education law to practice marriage and family therapy in
18 this state. Each partner of a registered limited liability partnership
19 formed to provide mental health counseling services in this state must
20 be licensed pursuant to article 163 of the education law to practice
21 mental health counseling in this state. Each partner of a registered
22 limited liability partnership formed to provide psychoanalysis services
23 in this state must be licensed pursuant to article 163 of the education
24 law to practice psychoanalysis in this state. Each partner of a regis-
25 tered limited liability partnership formed to provide applied behavior
26 analysis service in this state must be licensed or certified pursuant to
27 article 167 of the education law to practice applied behavior analysis
28 in this state. Each partner of a registered limited liability partner-
29 ship formed to provide vision impairment specialist services in this
30 state must be licensed or certified pursuant to article 169 of the
31 education law to practice as a vision impairment specialist in this
32 state.
33 § 10. Subdivision (q) of section 121-1502 of the partnership law, as
34 amended by chapter 475 of the laws of 2014, is amended to read as
35 follows:
36 (q) Each partner of a foreign limited liability partnership which
37 provides medical services in this state must be licensed pursuant to
38 article 131 of the education law to practice medicine in the state and
39 each partner of a foreign limited liability partnership which provides
40 dental services in the state must be licensed pursuant to article 133 of
41 the education law to practice dentistry in this state. Each partner of a
42 foreign limited liability partnership which provides veterinary service
43 in the state shall be licensed pursuant to article 135 of the education
44 law to practice veterinary medicine in this state. Each partner of a
45 foreign limited liability partnership which provides professional engi-
46 neering, land surveying, geological services, architectural and/or land-
47 scape architectural services in this state must be licensed pursuant to
48 article 145, article 147 and/or article 148 of the education law to
49 practice one or more of such professions. Each partner of a foreign
50 limited liability partnership which provides licensed clinical social
51 work services in this state must be licensed pursuant to article 154 of
52 the education law to practice licensed clinical social work in this
53 state. Each partner of a foreign limited liability partnership which
54 provides creative arts therapy services in this state must be licensed
55 pursuant to article 163 of the education law to practice creative arts
56 therapy in this state. Each partner of a foreign limited liability part-
S. 2907 13
1 nership which provides marriage and family therapy services in this
2 state must be licensed pursuant to article 163 of the education law to
3 practice marriage and family therapy in this state. Each partner of a
4 foreign limited liability partnership which provides mental health coun-
5 seling services in this state must be licensed pursuant to article 163
6 of the education law to practice mental health counseling in this state.
7 Each partner of a foreign limited liability partnership which provides
8 psychoanalysis services in this state must be licensed pursuant to arti-
9 cle 163 of the education law to practice psychoanalysis in this state.
10 Each partner of a foreign limited liability partnership which provides
11 applied behavior analysis services in this state must be licensed or
12 certified pursuant to article 167 of the education law to practice
13 applied behavior analysis in this state. Each partner of a foreign
14 limited liability partnership which provides vision impairment special-
15 ist services in this state must be licensed pursuant to article 169 of
16 the education law to practice as a vision impairment specialist in this
17 state.
18 § 11. a. Nothing in this act shall be construed as prohibiting a
19 person from performing the duties of a licensed vision impairment
20 specialist, in the course of such employment, if such person is employed
21 by programs licensed, certified, operated, or funded and regulated by
22 the office of children and family services including the commission for
23 the blind and visually impaired, the state education department or the
24 department of health; provided, however, that this section shall not
25 authorize the use of any title authorized pursuant to article 169 of the
26 education law.
27 b. On or before September 1, 2024, each office identified in subdivi-
28 sion a of this section that licenses, certifies, operates or funds and
29 regulates programs that employ individuals to provide services that
30 would otherwise be restricted to individuals licensed or authorized
31 under article 169 of the education law, shall submit to the commissioner
32 of education, in such form and detail as requested by such commissioner,
33 data in relation to: the number of individuals employed in exempt
34 programs licensed, certified, operated, or funded and regulated by each
35 office identified in subdivision a of this section on September 1, 2023
36 who are providing services that would otherwise be restricted to those
37 licensed or authorized under article 169 of the education law; and the
38 occupational title of individuals who on July 1, 2024 are not licensed
39 or otherwise authorized under title 8 of the education law, and who are
40 engaged in the practice of vision impairment specialist for the purpose
41 of providing vision impairment specialist services to persons who are
42 blind or visually impaired.
43 c. The commissioner of education, after receipt of this data and in
44 consultation with the offices identified in subdivision a of this
45 section, in consultation with not-for-profit providers, professional
46 associations, consumers and other key stakeholders, shall prepare a
47 report that recommends changes in any laws, rules or regulations neces-
48 sary to ensure appropriate licensure or other authorization of individ-
49 uals providing services that are within the restricted practice of
50 professions licensed or otherwise authorized under article 169 of the
51 education law. Such report shall include an estimate of the fiscal
52 impact of any such recommended changes and, to the extent practicable,
53 how such recommendations will result in improved outcomes. The commis-
54 sioner of education shall submit the report to the governor, the speaker
55 of the assembly, the temporary president of the senate, and the chairs
56 of the senate and assembly higher education committees by January 1,
S. 2907 14
1 2025. The commissioners of the agencies identified in subdivision a of
2 this section shall be provided an opportunity to include statements or
3 alternative recommendations in such report.
4 § 12. This act shall take effect eighteen months after it shall have
5 become a law; provided, further, that the provisions of subdivision a of
6 section eleven of this act shall expire July 1, 2025 when upon such date
7 the provisions of such subdivision shall be deemed repealed. The
8 commissioner of education and the board of regents are authorized to
9 promulgate such rules and regulations and take any other measures as may
10 be necessary for the timely implementation of this act on or before its
11 effective date, including but not limited to the appointment of the
12 state board for vision rehabilitation services, the acceptance and proc-
13 essing of applications for licensure, and the issuance of licenses.
