License Vision Impairment Specialists

Section 1. The education law is amended by adding a new article 169 to read as follows:

ARTICLE 169

VISION IMPAIRMENT SPECIALISTS Section 8900. Introduction.

8901. Definitions.

8902. Use of titles.

8903. State board for vision impairment specialists.

8904. Requirements for a license with a specialization as an

orientation and mobility specialist.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07472-03-8

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8905. Requirements for a license with a specialization as a

vision rehabilitation therapist.

8906. Limited permits.

8907. Exempt persons.

8908. Special provisions.

8909. Separability.

§ 8900. Introduction. This article applies to the profession of vision impairment specialists, and provides for the licensing of orientation and mobility specialists and vision rehabilitation therapists. The general provisions for all professions contained in article one hundred thirty of this title shall apply to this article.

§ 8901. Definitions. For purposes of this article, the following terms shall have the following meanings:

1. The practice of "vision impairment specialist" shall mean providing assessment and evaluation of, and training for, persons who are visually impaired when such assessment, evaluation and training incorporates the full range of specialized skills and tasks subsumed in the specializations of the profession defined in this section as: (a) orientation and mobility training, and (b) vision rehabilitation therapy. Such services shall be rendered on the prescription or referral which may be directive as to treatment by a licensed physician, nurse practitioner, ophthalmologist or optometrist, provided however that no such treatment directive and low vision examination shall be required when the person being referred has been diagnosed within the previous twelve months as visually impaired, blind or legally blind as those terms are defined in subdivision six of this section and such services are being rendered consistent with that diagnosis, prescription or referral. Vision rehabilitation therapists, and orientation and mobility specialists may not prescribe optical low vision devices.

2. The practice of "vision impairment specialist" shall mean one who specializes in orientation and mobility training and/or vision rehabilitation therapy.

3. The practice of "orientation and mobility training" shall mean:

(a) the assessment of individual needs of persons who are visually impaired for skills training in methods of safe movement and in strategies to gather required environmental and spatial information; (b) the development of appropriate integrated service plans tailored to meet such individual needs as identified in such assessment process; (c) the provision of training in, and utilization of (i) equipment and adaptive devices intended and designed for use by persons who are visually impaired, and (ii) specialized techniques adapted for persons who are visually impaired, including but not limited to orientation; sensory development; systems of safe movement, including long cane techniques; resource identification and, as appropriate, professional referrals; and, in applied settings, reinforcing instruction for the use of optical devices as prescribed by optometrists and ophthalmologists; and (d) the evaluation of clients receiving such specialized training.

4. The practice of "vision rehabilitation therapy" shall mean: (a) the assessment of individual needs of persons who are visually impaired for skills training in independent living and communications; (b) the development of appropriate integrated service plans tailored to meet such individual needs as identified in such assessment process; (c) the provision of training in, and utilization of (i) equipment and adaptive devices intended and designed for use by persons who are visually impaired, including, in applied settings, reinforcing instruction for the use of optical devices as prescribed by optometrists or ophthalmolo-

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gists, and (ii) specialized techniques adapted for persons who are visually impaired, including but not limited to Braille and other communication skills; adapted computer technology; personal management skills; home management skills; problem solving skills; resource management and, as appropriate, professional referrals; and (d) the evaluation of persons receiving such specialized training.

5. "Applied settings" means those locations where persons who are visually impaired engage in day-to-day activities utilizing the tools supplied and techniques taught by the licensed practitioners defined in this article.

6. "Visually impaired" means a person who is totally blind, legally blind or partially sighted. A person who is totally blind is one who has no useable vision. A person who is legally blind is one who satisfies the definition set forth in subdivision b of section three of chapter four hundred fifteen of the laws of nineteen hundred thirteen. A person who is partially sighted is one who has functional vision impairment that constitutes a significant limitation of visual capability resulting from disease, trauma, or congenital condition, that cannot be fully ameliorated by standard refractive correction, medication, or surgery, and that is manifested by one or more of the following: insufficient visual resolution, inadequate field of vision or reduced peak contrast sensitivity.

7. "Board" shall mean the state board for vision impairment specialists as provided for in section eighty-nine thousand three of this article.

§ 8902. Use of titles. Only a person licensed or otherwise authorized under this article shall be authorized to practice as a vision impairment specialist or use the title "licensed orientation and mobility specialist" or "licensed vision rehabilitation therapist" in connection with his or her name or with any trade name in the conduct of his or her profession.

§ 8903. State board for vision impairment specialists. A state board for vision impairment specialists shall be appointed by the board of regents upon the recommendation of the commissioner for the purpose of assisting the board of regents and the department on matters of professional licensing and professional conduct in accordance with section sixty-five hundred eight of this title. The board shall consist of not less than nine individuals, two of whom shall be licensed orientation and mobility specialists, two of whom shall be licensed vision rehabilitation therapists, one ophthalmologist, one optometrist, one public representative as defined in paragraph b of subdivision one of section sixty-five hundred eight of this title and two of whom shall be blind representatives of the public at large whose names will be placed in nomination for the board from organizations of the blind or visually impaired. Members of the initial board need not be licensed or certified prior to their appointment to the board, so long as they are certified by a national certifying or accrediting board, acceptable to the department. Of the members first appointed, two shall be appointed for a three year term, three shall be appointed for a four year term, and three shall be appointed for a five year term. Thereafter all members shall serve for five year terms. In the event that more than eight members are appointed, a majority of the additional members shall be licensed orientation and mobility specialists and licensed vision rehabilitation therapists. The members of the board shall select one of themselves as chair to serve for a one year term. An executive secretary shall be appointed by the board of regents upon the recommendation of the commissioner.

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§ 8904. Requirements for a license with a specialization as an orientation and mobility specialist. To qualify for a license as an orientation and mobility specialist, an applicant shall fulfill the following requirements:

1. Application: file an application with the department;

2. Education: have satisfactorily completed an approved curriculum in orientation and mobility services including visual disabilities, vision education, vision impairment or other equivalent program in a baccalaureate or graduate level program or a foreign equivalent, satisfactory to the department and in accordance with the commissioner's regulations; and

3. Examination: pass an examination satisfactory to the department in accordance with the commissioner's regulations;

4. Age: be at least twenty-one years of age;

5. Character: be of good moral character as determined by the department; and

6. Registration: all licensed orientation and mobility specialists shall register triennially with the department in accordance with the commissioner's regulation.

7. Fee: a fee of two hundred dollars for an initial license and a fee of one hundred fifty dollars for each triennial registration period.

§ 8905. Requirements for a license with a specialization as a vision rehabilitation therapist. To qualify for a license as a vision rehabilitation therapist an applicant shall fulfill the following requirements:

1. Application: file an application with the department;

2. Education: have satisfactorily completed an approved curriculum in vision rehabilitation therapy including visual disabilities, vision education, vision impairment or other equivalent program in a baccalaureate or graduate level program, or a foreign equivalent, satisfactory to the department and in accordance with the commissioner's regulations;

3. Examination: pass an examination satisfactory to the department in accordance with the commissioner's regulations;

4. Age: be at least twenty-one years of age;

5. Character: be of good moral character as determined by the department; and

6. Registration: all licensed vision rehabilitation therapists shall register triennially with the department in accordance with the commissioner's regulations.

7. Fee: a fee of two hundred dollars for an initial license and a fee of one hundred fifty dollars for each triennial registration period.

§ 8906. Limited permits. The following requirements for a limited permit shall apply to all professions licensed or certified pursuant to this article:

1. On the recommendation of the board, the department may issue a limited permit to an applicant who meets the education requirements for licensure, except the examination and/or experience requirements, in accordance with regulations promulgated therefor.

2. Limited permits shall be for one year and may be renewed, at the discretion of the department, for one additional year.

3. The fee for each limited permit and for each renewal shall be seventy dollars.

4. A limited permit holder shall practice only under supervision as determined in accordance with the commissioner's regulations.

§ 8907. Exempt persons. This article shall not be construed to affect or prevent the following, provided that no title, sign, card or device shall be used in such manner as to tend to convey the impression that

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the person rendering such service is a licensed vision impairment specialist:

1. The practice of licensed vision impairment specialist as an integral part of a program of study by students enrolled in approved educational or training programs in (a) orientation and mobility training or (b) vision rehabilitation therapy.

2. Nothing contained in this article shall be construed to limit the scopes of practice of any other profession licensed under this title; provided, however, that such practitioners may not hold themselves out under the titles "licensed vision impairment specialist", and/or "licensed vision impairment specialist with a specialization in orientation and mobility", and/or "licensed vision impairment specialist with a specialization in vision rehabilitation therapy".

3. Nothing in this article shall be construed as prohibiting a person from performing the duties of a licensed vision impairment specialist, in the course of such employment, if such person is employed by a federal, state, county, town, city or village agency or other political subdivision except that this exception from licensure shall not apply to persons employed by institutions regulated primarily by the education department.

4. This article shall not be construed to prohibit care delivered by any family member, household member or friend, or person employed primarily in a domestic capacity who does not hold himself or herself out, or accept employment, as a person licensed to practice as a vision impairment specialist under the provisions of this article; provided, however, that if such person is remunerated, the person does not hold himself or herself out as one who accepts employment for performing such care.

5. The instruction in the use of a dog guide.

6. Nothing in this article shall be construed as prohibiting a licensed teacher of the visually impaired from performing any of the duties, tasks or responsibilities within that scope of practice.

7. The instruction in the use of Braille.