What's happening
This bill establishes licensure requirements and regulations for vision impairment specialists, including orientation and mobility specialists and vision rehabilitation therapists, in New York State.
Why it matters
Establishes a legal framework for the profession. By defining vision impairment specialists—including orientation and mobility specialists and vision rehabilitation therapists—as licensed professions, the bill recognizes their work as a regulated healthcare field, raising professional standards and public trust.
Impacts service access and provider qualifications. Setting educational, examination, and character requirements means individuals working in these roles must meet specific competency thresholds. This could improve the quality of care for blind and visually impaired New Yorkers, but may also affect the availability of providers, especially in underserved areas.
Integrates specialists into broader healthcare and legal systems. The bill adds vision impairment specialists to mandatory child abuse reporting and infection control training requirements, aligning them with other licensed health professionals and potentially increasing accountability and coordination in client care.
Provides transition and exemption pathways. Existing practitioners certified by a national body or with sufficient experience can be licensed without meeting all new requirements if they apply within three years, and exemptions exist for certain government and educational employees, balancing the need for standards with workforce continuity.
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Headline styles
License Vision Impairment Specialists
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1231
- Reported and committed to finance
- Print number 3381a
- Amend and recommit to higher education
- Referred to higher education
- Returned to senate
- Died in assembly
- Referred to higher education
- Delivered to assembly
Show 6 earlier actions
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.890
- Reported and committed to finance
- Referred to higher education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
License Vision Impairment Specialists
In Assembly Committee · Higher Education · Sponsor Donna Lupardo
Full text
14 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3381--A
2017-2018 Regular Sessions
IN SENATE
January 23, 2017
Introduced by Sens. GRIFFO, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- recommitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, do enact as follows:
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.
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07472-02-8
S. 3381--A 2
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 ophthalmologists, 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
S. 3381--A 3
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.
§ 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 baccalau-
S. 3381--A 4
reate 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 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;
S. 3381--A 5
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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
This bill would ensure the safety of persons who are blind or partially sighted by licensing the trained vision rehabilitation professionals who work with them to restore their independent functioning within the home, the school, the workplace and the wider community.
Summary of provisions
Creates a new article 169 in the Education law.
Read the full memo (814 words)
§ 8900 Introduction.
§ 8901 Sets out definitions used in the article.
§ 8902 Outlines the use of the titles.
§ 8903 Outlines the State Board for vision impairment specialists.
§ 8904 Spells out the requirements for a license with a specialization as an orientation and mobility specialist.
§ 8905 Spells out the requirements for a license with a specialization as a vision rehabilitation therapist.
§ 8906 Establishes limited permits.
§ 8907 Explains the exempt persons.
§ 8908 Outlines special provisions.
§ 8909 Separability provisions.
Also amends the Education, Social Services, Partnership, and Limited Liability Law; provides for an effective date of 18 months after it shall have become a law, with provisions.
Justification
Vision does not have to be devastating. Full independence can be achieved when there is access to highly qualified vision rehabilitation professionals (VRPs). A significant number of the more than one million individuals with vision loss are empowered, self-sufficient and able to navigate through their lives independently due in part to the special- ized services they received when they needed them. However, too many New Yorkers who acquire a visual impairment due to aging or an accident do not receive the training and services that would enable them to make the transition from newly visually impaired or blind to an active and productive life with a disability. This is due in large part because vision rehabilitation professionals are not yet licensed by the state of New York and thus, access to VRPs is severely restricted moreover, doctors do not refer patients to unlicensed professions.
Vision Rehabilitation Professionals were marginalized in the first half of the 20 century due in part, because the numbers of people with a visual impairment were small, the workers for the blind were largely blind themselves and there was widespread discrimination of all people with disabilities. Licensure is the final step to correct the wrongs of the past by making every effort to ensure that those who become blind have access to the highest quality of specially trained rehabilitation professional.
To be a Vision Rehabilitation Professional (VRP), professionals who are either blind of sighted themselves complete a degree from an accredited university, undergo a rigorous internship and pass an exam given by an accredited certifying body.
The number of New Yorkers with vision loss has gown due to many factors. The aging of the baby boomers and longer life expectancies lead to age- related vision loss from macular degeneration, diabetic retinopathy, glaucoma, and other eye diseases. Low birth weight babies are surviving but often with vision loss and other disabilities. Sports, workplace incidents, traumatic brain injuries and other accidents cause vision loss in youth and adult populations. The need for vision rehabilitation services has burgeoned proportionately.
With pressure on government and private resources for expensive home health care and other supportive services, money can be saved and quali- ty of life can be improved by granting these highly qualified profes- sionals licensure. VRPs work with persons of all ages with vision loss. The goal is to teach each individual with vision loss to return to being self-reliant in almost every activity of daily life using adaptive tech- niques and equipment. This could include teaching the consumer to read and write Braille, to use a long cane for independent mobility, to use a talking bill identifier or "talking" speech software to access technolo- gy.
By licensing vision rehabilitation professionals, the general public and people of all ages with vision loss will be more likely to learn about the services available; access the training that leads to independence and employment; be referred by the general social service and medical community; receive high quality and comprehensive vision rehabilitation services and encourage a sufficient number of professionals to enter the field of vision rehabilitation.
Licensure ensures that professionals who provide these services will possess the highest level of specialized skills, expertise and experi- ence. Through establishing standards of practice that licensure brings, both sighted and blind individuals who become licensed VRPs, can help to empower consumers to live successful and independent lives.
Legislative history
2017 - S. 3381/A. 3968 - Passed Senate - Higher Education Committee Assembly. 2016 - S.7936/A.10457 - Higher Education Committee. Veto number 295 of 2015.
Fiscal implications
None.
Effective date
18 months with provisions.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.