Bill Text: NY A08576 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides for the licensing of orientation and mobility specialists and vision rehabilitation therapists.
Spectrum: Slight Partisan Bill (Democrat 57-27)
Status: (Introduced - Dead) 2012-06-06 - print number 8576b [A08576 Detail]
Download: New_York-2011-A08576-Amended.html
Bill Title: Provides for the licensing of orientation and mobility specialists and vision rehabilitation therapists.
Spectrum: Slight Partisan Bill (Democrat 57-27)
Status: (Introduced - Dead) 2012-06-06 - print number 8576b [A08576 Detail]
Download: New_York-2011-A08576-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8576--A
2011-2012 Regular Sessions
I N A S S E M B L Y
September 13, 2011
___________
Introduced by M. of A. LUPARDO, GOTTFRIED, TITUS, PAULIN, WEISENBERG,
ROSENTHAL, DINOWITZ, PERRY, BENEDETTO, JAFFEE, COLTON, BROOK-KRASNY,
MORELLE, PEOPLES-STOKES, LAVINE, WEPRIN, CASTRO, N. RIVERA, STEVENSON,
BRONSON, ZEBROWSKI, ROBERTS, ORTIZ, THIELE, MOYA -- Multi-Sponsored by
-- M. of A. ABINANTI, AUBRY, BLANKENBUSH, BRAUNSTEIN, BRENNAN, BUTLER,
CAHILL, CALHOUN, CASTELLI, CONTE, COOK, CRESPO, CROUCH, CURRAN,
CUSICK, CYMBROWITZ, FARRELL, FITZPATRICK, GALEF, GIBSON, GOODELL,
HEVESI, HOOPER, JOHNS, KELLNER, LENTOL, LIFTON, V. LOPEZ, LOSQUADRO,
MAISEL, MALLIOTAKIS, MARKEY, McDONOUGH, McENENY, McKEVITT, J. MILLER,
M. MILLER, MONTESANO, RA, RABBITT, RAIA, P. RIVERA, RUSSELL, SALADINO,
SCHIMEL, SWEENEY, TENNEY, TITONE -- read once and referred to the
Committee on Higher Education -- recommitted to the Committee on High-
er Education in accordance with Assembly Rule 3, sec. 2 -- 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 167 to
2 read as follows:
3 ARTICLE 167
4 VISION REHABILITATION SERVICES
5 SECTION 8800. INTRODUCTION.
6 8801. DEFINITIONS.
7 8802. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY
8 SPECIALISTS" AND "VISION REHABILITATION THERAPISTS".
9 8803. STATE BOARD FOR VISION REHABILITATION SERVICES.
10 8804. REQUIREMENTS FOR A LICENSE.
11 8805. LIMITED PERMITS.
12 8806. EXEMPT PERSONS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09759-07-1
A. 8576--A 2
1 8807. SPECIAL PROVISIONS.
2 8808. SEPARABILITY.
3 S 8800. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF VISION
4 REHABILITATION SERVICES, AND PROVIDES FOR THE LICENSING OF LICENSED
5 ORIENTATION AND MOBILITY SPECIALISTS AND VISION REHABILITATION THERA-
6 PISTS. THE GENERAL PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE
7 ONE HUNDRED THIRTY OF THIS TITLE SHALL APPLY TO THIS ARTICLE.
8 S 8801. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
9 SHALL HAVE THE FOLLOWING MEANINGS:
10 1. THE PRACTICE OF "ORIENTATION AND MOBILITY TRAINING" SHALL MEAN:
11 (A) THE ASSESSMENT OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY
12 IMPAIRED FOR SKILLS TRAINING IN METHODS OF SAFE MOVEMENT AND IN STRATE-
13 GIES TO GATHER REQUIRED ENVIRONMENTAL AND SPATIAL INFORMATION; (B) THE
14 DEVELOPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS TAILORED TO MEET
15 SUCH INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
16 PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND ADAPTIVE
17 DEVICES INTENDED AND DESIGNED FOR USE BY PERSONS WHO ARE VISUALLY
18 IMPAIRED, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE
19 VISUALLY IMPAIRED, INCLUDING BUT NOT LIMITED TO ORIENTATION; SENSORY
20 DEVELOPMENT; SYSTEMS OF SAFE MOVEMENT, INCLUDING LONG CANE TECHNIQUES;
21 RESOURCE IDENTIFICATION AND, AS APPROPRIATE, PROFESSIONAL REFERRALS;
22 AND, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR THE USE OF OPTICAL
23 DEVICES AS PRESCRIBED BY OPTOMETRISTS AND OPHTHALMOLOGISTS; AND (D) THE
24 EVALUATION OF CLIENTS RECEIVING SUCH SPECIALIZED TRAINING.
25 2. THE PRACTICE OF "VISION REHABILITATION THERAPY" SHALL MEAN: (A) THE
26 ASSESSMENT OF INDIVIDUAL NEEDS OF PERSONS WHO ARE VISUALLY IMPAIRED FOR
27 SKILLS TRAINING IN INDEPENDENT LIVING AND COMMUNICATIONS; (B) THE DEVEL-
28 OPMENT OF APPROPRIATE INTEGRATED SERVICE PLANS TAILORED TO MEET SUCH
29 INDIVIDUAL NEEDS AS IDENTIFIED IN SUCH ASSESSMENT PROCESS; (C) THE
30 PROVISION OF TRAINING IN, AND UTILIZATION OF (I) EQUIPMENT AND ADAPTIVE
31 DEVICES INTENDED AND DESIGNED FOR USE BY PERSONS WHO ARE VISUALLY
32 IMPAIRED, INCLUDING, IN APPLIED SETTINGS, REINFORCING INSTRUCTION FOR
33 THE USE OF OPTICAL DEVICES AS PRESCRIBED BY OPTOMETRISTS OR OPHTHALMOLO-
34 GISTS, AND (II) SPECIALIZED TECHNIQUES ADAPTED FOR PERSONS WHO ARE VISU-
35 ALLY IMPAIRED, INCLUDING BUT NOT LIMITED TO BRAILLE AND OTHER COMMUNI-
36 CATION SKILLS; ADAPTED COMPUTER TECHNOLOGY; PERSONAL MANAGEMENT SKILLS;
37 HOME MANAGEMENT SKILLS; PROBLEM SOLVING SKILLS; RESOURCE MANAGEMENT AND,
38 AS APPROPRIATE, PROFESSIONAL REFERRALS; AND (D) THE EVALUATION OF
39 PERSONS RECEIVING SUCH SPECIALIZED TRAINING.
40 3. THE PRACTICE OF "VISION REHABILITATION SERVICES" SHALL MEAN PROVID-
41 ING ASSESSMENT AND EVALUATION OF, AND TRAINING FOR, PERSONS WHO ARE
42 VISUALLY IMPAIRED WHEN SUCH ASSESSMENT, EVALUATION AND TRAINING INCORPO-
43 RATES THE FULL RANGE OF SPECIALIZED SKILLS AND TASKS SUBSUMED IN THE TWO
44 PROFESSIONS DEFINED IN THIS SECTION AS: (A) ORIENTATION AND MOBILITY
45 TRAINING AND (B) VISION REHABILITATION THERAPY. SUCH SERVICES SHALL BE
46 RENDERED ON THE PRESCRIPTION OR REFERRAL WHICH MAY BE DIRECTIVE AS TO
47 TREATMENT BY A LICENSED PHYSICIAN OR OPTOMETRIST, PROVIDED HOWEVER THAT
48 NO SUCH TREATMENT DIRECTIVE AND LOW VISION EXAMINATION SHALL BE REQUIRED
49 WHEN THE PERSON BEING REFERRED HAS BEEN DIAGNOSED WITHIN THE PREVIOUS
50 TWELVE MONTHS AS VISUALLY IMPAIRED, BLIND OR LEGALLY BLIND AS THOSE
51 TERMS ARE DEFINED IN SUBDIVISION FIVE OF THIS SECTION AND SUCH SERVICES
52 ARE BEING RENDERED CONSISTENT WITH THAT DIAGNOSIS, PRESCRIPTION OR
53 REFERRAL. VISION REHABILITATION THERAPISTS AND ORIENTATION AND MOBILITY
54 SPECIALISTS MAY NOT PRESCRIBE OPTICAL LOW VISION DEVICES.
55 4. "APPLIED SETTINGS" MEANS THOSE LOCATIONS WHERE PERSONS WHO ARE
56 VISUALLY IMPAIRED ENGAGE IN DAY-TO-DAY ACTIVITIES UTILIZING THE TOOLS
A. 8576--A 3
1 SUPPLIED AND TECHNIQUES TAUGHT BY THE LICENSED PRACTITIONERS DEFINED IN
2 THIS ARTICLE.
3 5. "VISUALLY IMPAIRED" MEANS A PERSON WHO IS TOTALLY BLIND, LEGALLY
4 BLIND OR PARTIALLY SIGHTED. A PERSON WHO IS BLIND IS ONE WHO HAS NO
5 USEABLE VISION. A PERSON WHO IS LEGALLY BLIND IS ONE WHO SATISFIES THE
6 DEFINITION SET FORTH IN SUBDIVISION B OF SECTION THREE OF CHAPTER FOUR
7 HUNDRED FIFTEEN OF THE LAWS OF NINETEEN HUNDRED THIRTEEN. A PERSON WHO
8 IS PARTIALLY SIGHTED IS ONE WHO HAS FUNCTIONAL VISION IMPAIRMENT THAT
9 CONSTITUTES A SIGNIFICANT LIMITATION OF VISUAL CAPABILITY RESULTING FROM
10 DISEASE, TRAUMA, OR CONGENITAL CONDITION, THAT CANNOT BE FULLY AMELIO-
11 RATED BY STANDARD REFRACTIVE CORRECTION, MEDICATION, OR SURGERY, AND
12 THAT IS MANIFESTED BY ONE OR MORE OF THE FOLLOWING: INSUFFICIENT VISUAL
13 RESOLUTION, INADEQUATE FIELD OF VISION OR REDUCED PEAK CONTRAST SENSI-
14 TIVITY.
15 S 8802. USE OF THE TITLES "LICENSED ORIENTATION AND MOBILITY SPECIAL-
16 ISTS" AND "VISION REHABILITATION THERAPISTS". 1. PRACTICE OF ORIEN-
17 TATION AND MOBILITY TRAINING AND USE OF THE TITLE "LICENSED ORIENTATION
18 AND MOBILITY SPECIALISTS". ONLY A PERSON LICENSED OR OTHERWISE AUTHOR-
19 IZED UNDER THIS ARTICLE SHALL PRACTICE ORIENTATION AND MOBILITY TRAINING
20 OR USE THE TITLE "LICENSED ORIENTATION AND MOBILITY SPECIALISTS" IN
21 CONNECTION WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF
22 HIS OR HER PROFESSION.
23 2. PRACTICE OF VISION REHABILITATION THERAPY AND USE OF THE TITLE
24 "VISION REHABILITATION THERAPIST". ONLY A PERSON LICENSED OR OTHERWISE
25 AUTHORIZED UNDER THIS ARTICLE SHALL PRACTICE VISION REHABILITATION THER-
26 APY OR USE THE TITLE "VISION REHABILITATION THERAPIST" IN CONNECTION
27 WITH HIS OR HER NAME OR WITH ANY TRADE NAME IN THE CONDUCT OF HIS OR HER
28 PROFESSION.
29 S 8803. STATE BOARD FOR VISION REHABILITATION SERVICES. A STATE BOARD
30 FOR VISION REHABILITATION SERVICES SHALL BE APPOINTED BY THE BOARD OF
31 REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER FOR THE PURPOSE OF
32 ASSISTING THE BOARD OF REGENTS AND THE DEPARTMENT ON MATTERS OF PROFES-
33 SIONAL LICENSING AND PROFESSIONAL CONDUCT IN ACCORDANCE WITH SECTION
34 SIXTY-FIVE HUNDRED EIGHT OF THIS TITLE. THE BOARD SHALL CONSIST OF NOT
35 LESS THAN FOURTEEN INDIVIDUALS, FOUR OF WHOM SHALL BE LICENSED ORIEN-
36 TATION AND MOBILITY SPECIALISTS, FOUR OF WHOM SHALL BE LICENSED VISION
37 REHABILITATION THERAPISTS, ONE OPHTHALMOLOGIST SPECIALIZING IN LOW
38 VISION TREATMENT, ONE OPTOMETRIST SPECIALIZING IN LOW VISION TREATMENT
39 AND FOUR OF WHOM SHALL BE BLIND REPRESENTATIVES OF THE PUBLIC AT LARGE
40 WHOSE NAMES WILL BE PLACED IN NOMINATION FOR THE BOARD FROM ORGANIZA-
41 TIONS OF THE BLIND OR VISUALLY IMPAIRED. MEMBERS OF THE INITIAL BOARD
42 NEED NOT BE LICENSED PRIOR TO THEIR APPOINTMENT TO THE BOARD. OF THE
43 MEMBERS FIRST APPOINTED, FOUR SHALL BE APPOINTED FOR A THREE YEAR TERM,
44 FIVE SHALL BE APPOINTED FOR A FOUR YEAR TERM, AND FIVE SHALL BE
45 APPOINTED FOR A FIVE YEAR TERM. THEREAFTER ALL MEMBERS SHALL SERVE FOR
46 FIVE YEAR TERMS. IN THE EVENT THAT MORE THAN FOURTEEN MEMBERS ARE
47 APPOINTED, A MAJORITY OF THE ADDITIONAL MEMBERS SHALL BE LICENSED ORIEN-
48 TATION AND MOBILITY SPECIALISTS AND LICENSED VISION REHABILITATION THER-
49 APISTS. THE MEMBERS OF THE BOARD SHALL SELECT ONE OF THEMSELVES AS CHAIR
50 TO SERVE FOR A ONE YEAR TERM. AN EXECUTIVE SECRETARY SHALL BE APPOINTED
51 BY THE BOARD OF REGENTS UPON THE RECOMMENDATION OF THE COMMISSIONER.
52 S 8804. REQUIREMENTS FOR A LICENSE. 1. TO QUALIFY FOR A LICENSE AS AN
53 ORIENTATION AND MOBILITY SPECIALIST, AN APPLICANT SHALL FULFILL THE
54 FOLLOWING REQUIREMENTS:
55 (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
A. 8576--A 4
1 (B) EDUCATION/EXPERIENCE: (I) HAVE SATISFACTORILY COMPLETED AN
2 APPROVED ORIENTATION AND MOBILITY CURRICULUM IN A BACCALAUREATE OR
3 MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPARTMENT
4 WHICH IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE PROGRAM, IN
5 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
6 (II) HAVE A MINIMUM OF THREE MONTHS OF SUPERVISED ORIENTATION AND
7 MOBILITY EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE SATISFAC-
8 TORY TO THE STATE BOARD FOR VISION REHABILITATION SERVICES AND IN
9 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
10 (C) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
11 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS THAT MAY BE BASED ON AN
12 EXAM UTILIZED BY ANY NATIONALLY RECOGNIZED ACCREDITING OR CERTIFICATION
13 BODY SUCH AS THE ACADEMY FOR CERTIFICATION OF VISION REHABILITATION AND
14 EDUCATION PROFESSIONALS (ACVREP), NATIONAL ORIENTATION AND MOBILITY
15 CERTIFICATE (NOMC) ADMINISTERED BY THE NATIONAL BLINDNESS PROFESSIONAL
16 CERTIFICATION BOARD (NBPCB) OR AN EQUIVALENT EXAM.
17 (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
18 (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
19 MENT;
20 (F) REGISTRATION: ALL LICENSED ORIENTATION AND MOBILITY SPECIALISTS
21 SHALL REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE
22 COMMISSIONER'S REGULATION;
23 (G) MANDATORY CONTINUING COMPETENCY: (I)(A) EACH LICENSED ORIENTATION
24 AND MOBILITY SPECIALIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
25 ALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH THE
26 PROVISIONS OF THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS
27 PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
28 CLAUSES (B) AND (C) OF THIS SUBPARAGRAPH. ORIENTATION AND MOBILITY
29 SPECIALISTS WHO DO NOT SATISFY THE MANDATORY CONTINUING COMPETENCY
30 REQUIREMENTS SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET
31 SUCH REQUIREMENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE,
32 EXCEPT THAT AN ORIENTATION AND MOBILITY SPECIALIST MAY PRACTICE WITHOUT
33 HAVING MET SUCH REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGIS-
34 TRATION PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
35 (B) ORIENTATION AND MOBILITY SPECIALISTS SHALL BE EXEMPT FROM THE
36 MANDATORY CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGISTRA-
37 TION PERIOD DURING WHICH THEY ARE FIRST LICENSED. ADJUSTMENT TO THE
38 MANDATORY CONTINUING COMPETENCY REQUIREMENTS MAY BE GRANTED BY THE
39 DEPARTMENT FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN
40 APPROPRIATE HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE
41 ARMED FORCES OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO
42 THE DEPARTMENT WHICH MAY PREVENT COMPLIANCE.
43 (C) A LICENSED ORIENTATION AND MOBILITY SPECIALIST NOT ENGAGED IN
44 PRACTICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE
45 MANDATORY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATE-
46 MENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS
47 TO PRACTICE OF THE PROFESSION OF ORIENTATION AND MOBILITY SPECIALIST
48 DURING THE TRIENNIAL REGISTRATION PERIOD SHALL NOTIFY THE DEPARTMENT
49 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH MANDATORY CONTIN-
50 UING COMPETENCY REQUIREMENTS AS SHALL BE PRESCRIBED BY REGULATIONS OF
51 THE COMMISSIONER.
52 (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
53 TRATION AS AN ORIENTATION AND MOBILITY SPECIALIST SHALL COMPLETE A MINI-
54 MUM OF TWENTY-FOUR HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH
55 CONTRIBUTE TO CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV)
56 OF THIS PARAGRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE
A. 8576--A 5
1 IN RECOGNIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF A
2 LICENSED ORIENTATION AND MOBILITY SPECIALIST. ANY ORIENTATION AND MOBIL-
3 ITY SPECIALIST WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE
4 DATE OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE
5 DATE, BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, SHALL
6 COMPLETE CONTINUING COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF
7 ONE-HALF HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO
8 THOUSAND FOURTEEN UP TO THE FIRST REGISTRATION DATE. THEREAFTER, A
9 LICENSEE WHO HAS NOT SATISFIED THE MANDATORY CONTINUING COMPETENCY
10 REQUIREMENTS SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY
11 THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
12 REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III)
13 OF THIS PARAGRAPH. CONTINUING COMPETENCY HOURS TAKEN DURING ONE TRIENNI-
14 UM MAY NOT BE TRANSFERRED TO A SUBSEQUENT TRIENNIUM.
15 (III) THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL
16 REGISTRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
17 REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
18 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
19 ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
20 TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
21 FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
22 TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
23 YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
24 FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
25 CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
26 REGISTRATION, MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
27 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
28 (IV) AS USED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, "ACCEPTABLE
29 LEARNING ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO THE
30 PROFESSIONAL PRACTICE OF AN ORIENTATION AND MOBILITY SPECIALIST AND
31 WHICH MEET THE STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMIS-
32 SIONER. SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO,
33 COLLEGIATE LEVEL CREDIT AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES,
34 INDEPENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFES-
35 SIONAL JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL
36 SESSIONS; SUCH LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY
37 NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZA-
38 TIONS OR PARTIES ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED
39 EDUCATIONAL AND TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPART-
40 MENT. RECOGNIZED AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO:
41 KNOWLEDGE AND SKILLS TRAINING IN ORIENTATION, MOBILITY, NAVIGATION,
42 INDEPENDENT LIVING, COMMUNICATIONS AND USE OF PRESCRIBED AND, ADAPTIVE
43 OPTICAL DEVICES; UTILIZATION OF SPECIALIZED TECHNIQUES AND EQUIPMENT
44 INTENDED FOR USE BY PERSONS WHO ARE VISUALLY IMPAIRED; THE MEDICAL
45 ASPECTS OF VISION LOSS AND ITS FUNCTIONAL IMPACT ON PERSONS WHO ARE
46 VISUALLY IMPAIRED; AND SUCH OTHER TECHNICAL SUBJECT MATTER AREAS APPRO-
47 PRIATELY RELATED TO THE PRACTICE OF VISION REHABILITATION SERVICES AS
48 MAY BE SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH THE COMMISSION-
49 ER'S REGULATIONS. THE DEPARTMENT MAY, IN ITS DISCRETION AND AS NEEDED TO
50 CONTRIBUTE TO THE HEALTH AND WELFARE OF THE PUBLIC, REQUIRE THE
51 COMPLETION OF CONTINUING COMPETENCY LEARNING ACTIVITIES IN SPECIFIC
52 SUBJECTS TO FULFILL THIS MANDATORY CONTINUING COMPETENCY REQUIREMENT.
53 LEARNING ACTIVITIES MUST BE TAKEN FROM A SPONSOR APPROVED BY THE DEPART-
54 MENT, PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
55 (V) ORIENTATION AND MOBILITY SPECIALISTS SHALL MAINTAIN ADEQUATE
56 DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING
A. 8576--A 6
1 ACTIVITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE
2 DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF
3 THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
4 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
5 (VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
6 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
7 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
8 FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
9 (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
10 LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
11 REGISTRATION PERIOD.
12 2. TO QUALIFY FOR A LICENSE AS A VISION REHABILITATION THERAPIST AN
13 APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
14 (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
15 (B) EDUCATION/EXPERIENCE: (I) HAVE SATISFACTORILY COMPLETED AN
16 APPROVED VISION REHABILITATION THERAPIST CURRICULUM IN A BACCALAUREATE
17 OR MASTERS PROGRAM, OR A CERTIFICATE PROGRAM SATISFACTORY TO THE DEPART-
18 MENT WHICH IS SUBSTANTIALLY EQUIVALENT TO A BACCALAUREATE DEGREE
19 PROGRAM, IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS; AND
20 (II) HAVE A MINIMUM OF THREE MONTHS OF SUPERVISED VISION REHABILI-
21 TATION THERAPIST EXPERIENCE WHICH SUPERVISION AND EXPERIENCE SHALL BE
22 SATISFACTORY TO THE STATE BOARD FOR VISION REHABILITATION SERVICES AND
23 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
24 (C) EXAMINATION: PASS AN EXAMINATION SATISFACTORY TO THE BOARD AND IN
25 ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS THAT MAY BE BASED ON AN
26 EXAM UTILIZED BY ANY NATIONALLY RECOGNIZED ACCREDITING OR CERTIFICATION
27 BODY SUCH AS THE ACADEMY FOR CERTIFICATION OF VISION REHABILITATION AND
28 EDUCATION PROFESSIONALS (ACVREP), NATIONAL ORIENTATION AND MOBILITY
29 CERTIFICATE (NOMC) ADMINISTERED BY THE NATIONAL BLINDNESS PROFESSIONAL
30 CERTIFICATION BOARD (NBPCB) OR AN EQUIVALENT EXAM.
31 (D) AGE: BE AT LEAST TWENTY-ONE YEARS OF AGE;
32 (E) CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
33 MENT;
34 (F) REGISTRATION: ALL LICENSED VISION REHABILITATION THERAPISTS SHALL
35 REGISTER TRIENNIALLY WITH THE DEPARTMENT IN ACCORDANCE WITH THE COMMIS-
36 SIONER'S REGULATIONS;
37 (G) MANDATORY CONTINUING COMPETENCY: (I) (A) EACH LICENSED VISION
38 REHABILITATION THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIEN-
39 NIALLY WITH THE DEPARTMENT TO PRACTICE IN THE STATE SHALL COMPLY WITH
40 THE PROVISIONS OF THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS
41 PRESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, EXCEPT AS PROVIDED IN
42 CLAUSES (B) AND (C) OF THIS PARAGRAPH. VISION REHABILITATION THERAPISTS
43 WHO DO NOT SATISFY THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS
44 SHALL NOT BE AUTHORIZED TO PRACTICE UNTIL THEY HAVE MET SUCH REQUIRE-
45 MENTS, AND THEY HAVE BEEN ISSUED A REGISTRATION CERTIFICATE, EXCEPT THAT
46 A VISION REHABILITATION THERAPIST MAY PRACTICE WITHOUT HAVING MET SUCH
47 REQUIREMENTS IF HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION PURSUANT
48 TO SUBPARAGRAPH (III) OF THIS PARAGRAPH.
49 (B) VISION REHABILITATION THERAPISTS SHALL BE EXEMPT FROM THE MANDATO-
50 RY CONTINUING COMPETENCY REQUIREMENT FOR THE TRIENNIAL REGISTRATION
51 PERIOD DURING WHICH THEY ARE FIRST LICENSED. ADJUSTMENT TO THE MANDATO-
52 RY CONTINUING COMPETENCY REQUIREMENTS MAY BE GRANTED BY THE DEPARTMENT
53 FOR REASONS OF HEALTH OF THE LICENSEE WHERE CERTIFIED BY AN APPROPRIATE
54 HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES
55 OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE DEPART-
56 MENT WHICH MAY PREVENT COMPLIANCE.
A. 8576--A 7
1 (C) A LICENSED VISION REHABILITATION THERAPIST NOT ENGAGED IN PRAC-
2 TICE, AS DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATO-
3 RY CONTINUING COMPETENCY REQUIREMENT UPON THE FILING OF A STATEMENT WITH
4 THE DEPARTMENT DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO PRAC-
5 TICE OF VISION REHABILITATION THERAPY DURING THE TRIENNIAL REGISTRATION
6 PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE PROFESSION
7 AND SHALL MEET SUCH MANDATORY CONTINUING COMPETENCY REQUIREMENTS AS
8 SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
9 (II) DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT FOR REGIS-
10 TRATION AS A VISION REHABILITATION THERAPIST SHALL COMPLETE A MINIMUM OF
11 TWENTY-FOUR HOURS OF ACCEPTABLE LEARNING ACTIVITIES WHICH CONTRIBUTE TO
12 CONTINUING COMPETENCE, AS SPECIFIED IN SUBPARAGRAPH (IV) OF THIS PARA-
13 GRAPH, PROVIDED FURTHER THAT AT LEAST SIXTEEN HOURS SHALL BE IN RECOG-
14 NIZED AREAS OF STUDY PERTINENT TO THE PROFESSIONAL SCOPE OF A LICENSED
15 VISION REHABILITATION THERAPIST. ANY VISION REHABILITATION THERAPIST
16 WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS
17 SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
18 AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, SHALL COMPLETE CONTINUING
19 COMPETENCY HOURS ON A PRORATED BASIS AT THE RATE OF ONE-HALF HOUR PER
20 MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND FOURTEEN UP
21 TO THE FIRST REGISTRATION DATE. THEREAFTER, A LICENSEE WHO HAS NOT
22 SATISFIED THE MANDATORY CONTINUING COMPETENCY REQUIREMENTS SHALL NOT BE
23 ISSUED A TRIENNIAL REGISTRATION CERTIFICATE BY THE DEPARTMENT AND SHALL
24 NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL REGISTRATION CERTIFICATE IS
25 ISSUED AS PROVIDED FOR IN SUBPARAGRAPH (III) OF THIS PARAGRAPH. CONTIN-
26 UING COMPETENCY HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED
27 TO A SUBSEQUENT TRIENNIUM.
28 (III) THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL
29 REGISTRATION TO A LICENSEE WHO FAILS TO MEET THE CONTINUING COMPETENCY
30 REQUIREMENTS ESTABLISHED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, BUT WHO
31 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL LEARNING
32 ACTIVITIES WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
33 TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE
34 FOR THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
35 TRATION SHALL BE DETERMINED BY THE DEPARTMENT BUT SHALL NOT EXCEED ONE
36 YEAR. ANY LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR
37 FAILURE TO SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED
38 CONTINUING COMPETENCY LEARNING ACTIVITIES AND WHO PRACTICES WITHOUT SUCH
39 REGISTRATION, MAY BE SUBJECT TO DISCIPLINARY PROCEEDINGS PURSUANT TO
40 SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
41 (IV) AS USED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, "ACCEPTABLE
42 LEARNING ACTIVITIES" SHALL MEAN ACTIVITIES WHICH CONTRIBUTE TO THE
43 PROFESSIONAL PRACTICE OF A VISION REHABILITATION THERAPIST AND WHICH
44 MEET THE STANDARDS PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER.
45 SUCH LEARNING ACTIVITIES SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGI-
46 ATE LEVEL CREDIT AND NON-CREDIT COURSES, SELF-STUDY ACTIVITIES, INDE-
47 PENDENT STUDY, FORMAL MENTORING ACTIVITIES, PUBLICATIONS IN PROFESSIONAL
48 JOURNALS, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL SESSIONS; SUCH
49 LEARNING ACTIVITIES MAY BE OFFERED AND SPONSORED BY NATIONAL, STATE AND
50 LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER ORGANIZATIONS OR PARTIES
51 ACCEPTABLE TO THE DEPARTMENT, AND ANY OTHER ORGANIZED EDUCATIONAL AND
52 TECHNICAL LEARNING ACTIVITIES ACCEPTABLE TO THE DEPARTMENT. RECOGNIZED
53 AREAS OF STUDY SHALL INCLUDE BUT NOT BE LIMITED TO: KNOWLEDGE AND SKILLS
54 TRAINING IN MOBILITY, NAVIGATION, INDEPENDENT LIVING, COMMUNICATIONS AND
55 ORIENTATION, USE OF PRESCRIBED AND, ADAPTIVE OPTICAL DEVICES; UTILIZA-
56 TION OF SPECIALIZED TECHNIQUES AND EQUIPMENT INTENDED FOR USE BY PERSONS
A. 8576--A 8
1 WHO ARE VISUALLY IMPAIRED; THE MEDICAL ASPECTS OF VISION LOSS AND ITS
2 FUNCTIONAL IMPACT ON PERSONS WHO ARE VISUALLY IMPAIRED; AND SUCH OTHER
3 TECHNICAL SUBJECT MATTER AREAS APPROPRIATELY RELATED TO THE PRACTICE OF
4 VISION REHABILITATION SERVICES AS MAY BE SATISFACTORY TO THE BOARD AND
5 IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS. THE DEPARTMENT MAY,
6 IN ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE
7 OF THE PUBLIC, REQUIRE THE COMPLETION OF CONTINUING COMPETENCY LEARNING
8 ACTIVITIES IN SPECIFIC SUBJECTS TO FULFILL THIS MANDATORY CONTINUING
9 COMPETENCY REQUIREMENT. LEARNING ACTIVITIES MUST BE TAKEN FROM A SPON-
10 SOR APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGULATIONS OF THE
11 COMMISSIONER.
12 (V) VISION REHABILITATION THERAPISTS SHALL MAINTAIN ADEQUATE DOCUMEN-
13 TATION OF COMPLETION OF ACCEPTABLE CONTINUING COMPETENCY LEARNING ACTIV-
14 ITIES AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF THE DEPART-
15 MENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF THE
16 DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
17 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
18 (VI) THE MANDATORY CONTINUING COMPETENCY FEE SHALL BE FIFTY DOLLARS,
19 SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF EACH TRIENNIAL REGISTRA-
20 TION PERIOD, AND SHALL BE PAID IN ADDITION TO THE TRIENNIAL REGISTRATION
21 FEE REQUIRED BY PARAGRAPH (H) OF THIS SUBDIVISION.
22 (H) FEES: PAY A FEE OF ONE HUNDRED SEVENTY-FIVE DOLLARS FOR AN INITIAL
23 LICENSE AND A FEE OF ONE HUNDRED FIFTY-FIVE DOLLARS FOR EACH TRIENNIAL
24 REGISTRATION PERIOD.
25 S 8805. LIMITED PERMITS. PERMITS LIMITED AS TO ELIGIBILITY, PRACTICE
26 AND DURATION SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS AS
27 FOLLOWS:
28 1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS FOR AN ORIEN-
29 TATION AND MOBILITY SPECIALIST OR VISION REHABILITATION THERAPIST,
30 EXCEPT THAT RELATING TO THE EXAMINATION, SHALL BE ELIGIBLE FOR A LIMITED
31 PERMIT.
32 2. LIMIT OF PRACTICE. ALL PRACTICE UNDER A LIMITED PERMIT SHALL BE
33 UNDER THE DIRECT SUPERVISION OF A LICENSED ORIENTATION AND MOBILITY
34 SPECIALIST OR A VISION REHABILITATION THERAPIST.
35 3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF
36 ISSUANCE OR UPON NOTICE TO THE PERMITTEE BY THE DEPARTMENT THAT THE
37 APPLICATION FOR LICENSURE HAS BEEN DENIED, OR UPON NOTICE TO THE PERMIT-
38 TEE OF FAILURE ON THE PROFESSIONAL LICENSING EXAMINATION, WHICHEVER
39 FIRST OCCURS.
40 4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE SEVENTY DOLLARS.
41 S 8806. 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 ORIENTATION AND MOBILITY
45 SPECIALIST OR VISION REHABILITATION THERAPIST:
46 1. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
47 BILITATION THERAPY AS AN INTEGRAL PART OF A PROGRAM OF STUDY BY STUDENTS
48 ENROLLED IN APPROVED EDUCATIONAL OR TRAINING PROGRAMS IN (A) ORIENTATION
49 AND MOBILITY TRAINING OR (B) VISION REHABILITATION THERAPY.
50 2. THE PERFORMANCE OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
51 INCLUDED IN THE DEFINITION OF ORIENTATION AND MOBILITY TRAINING BY ANY
52 OTHER DULY LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER,
53 PROVIDED THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE
54 SCOPE OF HIS OR HER PRACTICE AS DEFINED IN THE ARTICLE PURSUANT TO WHICH
55 SUCH PERSON IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEVER,
56 THAT SUCH PRACTITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE
A. 8576--A 9
1 "LICENSED ORIENTATION AND MOBILITY SPECIALIST" OR AS PERFORMING LICENSED
2 ORIENTATION AND MOBILITY TRAINING.
3 3. THE PERFORMANCE OF ANY OF THE DUTIES, TASKS AND RESPONSIBILITIES
4 INCLUDED IN THE DEFINITION OF VISION REHABILITATION THERAPY BY ANY OTHER
5 DULY LICENSED, CERTIFIED OR REGISTERED HEALTH CARE PROVIDER, PROVIDED
6 THAT SUCH DUTIES, TASKS AND RESPONSIBILITIES ARE WITHIN THE SCOPE OF HIS
7 OR HER PRACTICE AS DEFINED IN THE ARTICLE PURSUANT TO WHICH SUCH PERSON
8 IS LICENSED, CERTIFIED OR REGISTERED; PROVIDED, HOWEVER, THAT SUCH PRAC-
9 TITIONERS MAY NOT HOLD THEMSELVES OUT UNDER THE TITLE "LICENSED VISION
10 REHABILITATION THERAPIST" OR AS PERFORMING LICENSED VISION REHABILI-
11 TATION THERAPY.
12 4. THE PRACTICE, CONDUCT, ACTIVITIES, SERVICES OR USE OF ANY TITLE BY
13 ANY PERSON LICENSED OR OTHERWISE AUTHORIZED TO PRACTICE MEDICINE WITHIN
14 THE STATE PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE OR BY
15 ANY PERSON REGISTERED TO PERFORM SERVICES AS A PHYSICIAN ASSISTANT
16 PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE-B OF THIS TITLE.
17 5. THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION REHA-
18 BILITATION THERAPY BY ANY LEGALLY QUALIFIED PRACTITIONER OF ORIENTATION
19 AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY OF ANY OTHER
20 STATE OR TERRITORY WHO IS SERVING IN THE ARMED FORCES OR THE PUBLIC
21 HEALTH SERVICE OF THE UNITED STATES WHILE ENGAGED IN THE PERFORMANCE OF
22 HIS OR HER DUTIES.
23 6. THE INSTRUCTION IN THE USE OF A DOG GUIDE.
24 S 8807. SPECIAL PROVISIONS. A PERSON SHALL BE LICENSED WITHOUT EXAM-
25 INATION PROVIDED THAT, WITHIN THREE YEARS OF THE EFFECTIVE DATE OF THIS
26 ARTICLE, SUCH PERSON:
27 1. FILES AN APPLICATION AND PAYS THE APPROPRIATE FEES TO THE DEPART-
28 MENT;
29 2. (A) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT AS DETER-
30 MINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN ORIENTATION AND MOBIL-
31 ITY TRAINING; OR (B) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR EQUIVALENT
32 AS DETERMINED BY THE DEPARTMENT, WITH A SPECIALIZATION IN VISION REHA-
33 BILITATION THERAPY; OR (C) HOLDS A BACHELOR'S DEGREE OR HIGHER, OR
34 EQUIVALENT AS DETERMINED BY THE DEPARTMENT IN A REHABILITATION FIELD OR
35 IN SPECIAL EDUCATION AND (I) HAS COMPLETED ALL ADDITIONALLY REQUIRED
36 ELEMENTS OF THE ORIENTATION AND MOBILITY TRAINING OR VISION REHABILI-
37 TATION THERAPY CURRICULUM SATISFACTORY TO THE BOARD AND IN ACCORDANCE
38 WITH THE COMMISSIONER'S REGULATIONS; OR (II) HAS BEEN CERTIFIED IN
39 ORIENTATION AND MOBILITY TRAINING OR VISION REHABILITATION THERAPY BY A
40 NATIONALLY RECOGNIZED ACCREDITING BODY ACCEPTABLE TO THE DEPARTMENT; AND
41 3. SUBMITS EVIDENCE OF A MINIMUM OF THREE YEARS EXPERIENCE OR EMPLOY-
42 MENT IN THE PRACTICE OF ORIENTATION AND MOBILITY TRAINING OR VISION
43 REHABILITATION THERAPY SATISFACTORY TO THE BOARD AND IN ACCORDANCE WITH
44 THE COMMISSIONER'S REGULATIONS, WHETHER SUCH EXPERIENCE OR EMPLOYMENT
45 OCCURS WITHIN OR WITHOUT THIS STATE.
46 S 8808. SEPARABILITY. IF ANY SECTION OF THIS ARTICLE, OR PART THEREOF,
47 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
48 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF
49 ANY OTHER SECTION OR PART THEREOF.
50 S 2. This act shall take effect July 1, 2014. The commissioner of
51 education and the board of regents are authorized to promulgate such
52 rules and regulations and take any other measures as may be necessary
53 for the timely implementation of this act on or before its effective
54 date, including but not limited to the appointment of the state board
55 for vision rehabilitation services, the acceptance and processing of
56 applications for licensure, and the issuance of licenses.
