[rehab] Joint ACVREP and NBPCB Letter RE O&M Licensure

Wed Apr 27 12:57:02 UTC 2011

FYI, this letter was also just forwarded to the New York Legislators regarding the proposed bill to license  O&M specialists. 

April 27, 2011

    On Assembly Higher Education Committee Agenda 

S.3880 (Griffo) - AN ACT to amend the education law, in relation to the licensing of licensed orientation and mobility specialists and licensed rehabilitation teachers

A.06179-B (Bing) - AN ACT to amend the education law, in relation to the licensing of licensed orientation and mobility specialists and licensed rehabilitation teachers

RE: ACVREP and NBPCB joint statement regarding S.3880 (Griffo) and A.061790-B (Bing)

On behalf of the Board of Directors of the Academy of Certification of Vision Rehabilitation and Education Professionals (ACVREP) and the Board of Directors of the National Blindness Professional Certification Board, we would like to take this opportunity to address concerns relative to S.3880 (Griffo) and A.06179-B (Bing). Before addressing the shared concerns of both ACVREP and the NBPCB relative to these legislative measures, it should be noted that ACVREP and NBPCB are the only two organizations that currently administer national certification programs within the professional discipline of Orientation and Mobility (O&M).  Furthermore, ACVREP is the only organization that provides national certification within the professional discipline of Vision Rehabilitation Therapy (VRT). 

In considering this matter, it is important to recognize that both ACVREP and the NBPCB stand together in support of licensure for qualified and competent orientation and mobility specialists and vision rehabilitation therapists (also referred to as vision rehabilitation teachers) provided that any legislative mechanism utilized to establish such credential is fair, reasonable, and appropriate for both professionals and consumers of professional services. Furthermore, both ACVREP and the NBPCB fully understand the critical role licensure plays in strengthening the professional field, and, complemented with certification, serves to fully recognize qualified and competent professionals and enhance consumer protection and information systems. 

While ACVREP’s and the NBPCB’s concerns relative to these legislative measures differ in terms of specific contextual implications, both ACVREP and the NBPCB share the following concerns:

  1.. Many of the requirements provided within the language of the current legislation relative to the qualifications (e.g. education and training requirements) of licensed O&M and VRT professionals are not clearly defined.

  2.. The language of the current legislation provides an unspecified relationship to certification examinations administered by ACVREP and the NBPCB. 

  3.. The language of current legislation results in unintended negative consequences relative to the number of individuals qualified to provide licensed O&M and VRT services in relation to the growing population of individuals in need of such services.    

Again, it is important to state that any legislative mechanism utilized by a particular jurisdiction to establish professional licensure must be fair, reasonable and well-defined so that all stakeholders are able to understand the requirements established for licensed professionals and participate to the fullest extent. Given the language of the legislation, a primary concern of both ACVREP and the NBPCB is that many of the requirements provided relative to the qualifications of licensed professionals are not clearly defined within the language of the current legislation. For example, in Section 8804 of A.06179-B (Bing), the language of the Bill reads:

Requirements for Licensure. 1. To qualify for a license as an orientation and mobility specialist, an applicant shall fulfill the following requirements:

(A)   Application: File an Application with the Department;

(B)   Education/Experience: (I) Have Satisfactorily completed an approved orientation and mobility curriculum in a baccalaureate or masters program, or a certificate program satisfactory to the Department which is substantially equivalent to a baccalaureate degree program, in accordance with the commissioner’s regulation; and (II) Have a minimum of three months of supervised orientation and mobility experience which supervision shall be satisfactory to the State Board for Vision Rehabilitation Services and in accordance with the commissions regulations.

(C)   Examination: Pass an examination satisfactory to the Board and in accordance with the commissioner’s regulations that may be based on an exam utilized by any nationally recognized accrediting or certification body such as the Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP), National Orientation and Mobility Certificate (NOMC) administered by the National Blindness Professional Certification Board (NBPCB) or an equivalent exam.      

ACVREP and the NBPCB note the following concerns specific to this language, with the understanding that the same requirements are provided for vision rehabilitation therapists (also referred to as vision rehabilitation teacher with the language of the legislation):

  1.. The term “approved orientation and mobility curriculum” is not clearly defined within the current language of the legislation. ACVREP and the NBPCB are concerned that Section 8804(B)(I) gives no indication of the criteria or standard the Board will use to base its approval or disapproval of a university’s O&M curriculum.  

  2.. The term “certificate program” is not clearly defined. Given the language of the legislation, this provision could be interpreted in a number of ways, which does not support a clear standard for qualification. Does the term “certificate program” mean a certificate preparation program of study, a national certificate provided by ACVREP or the NBPCB, or another mechanism yet to be defined? The lack of a clearly defined standard places greater burden on both professionals seeking licensure and the general public desiring to understand the qualifications of licensed O&M and VRT professionals.    

  3.. Relative to language stating “Pass an examination satisfactory to the Board and in accordance with the commissioner’s regulations that may be based on an exam utilized by any nationally recognized accrediting or certification body,” the term “based” is not clearly defined. It is the understanding of both ACVREP and the NBPCB that such language is not common within other licensure statutes within New York State and other jurisdictions and does not present a clear requirement for individual qualification relative to exam. The examinations used by the ACVREP and NBPCB are proprietary and may not be used in whole or in part without the express permission of the entity holding the examination copyright. 

Again, ACVREP and the NBPCB both recognize the importance of the professional licensure relative to enhancing the profession, and in providing greater protection and information for consumers of services, their families, and the community as a whole. However, without further defining many of the critical components presented in the current legislation, the language of the measure may actually result in fewer professionals deemed qualified for licensure, although many of these professionals have demonstrated individual professional competency by obtaining professional certification through a recognized body such as ACVREP and/or the NBPCB. 

Such a result would effectively balance, or, perhaps even reverse, any of the benefits gained from licensure, as there will be a greater number of individuals seeking services whose needs will be underserved or un-served. In fact, given current shortages within the professional ranks and a significant projected increase in the need for services within the next 10 to 20 years, the unintended outcomes of this mechanism could make matters worse. It is recognized by ACVREP and the NBPCB that Section 8806 of A.06179-B (Bing) allows for:

The performance of any of the duties, tasks and responsibilities included in the definition of orientation and mobility training by any other duly licensed, certified, or registered health care provider, provided that such duties, tasks and responsibilities are within the scope of his or her practice as defined in the article pursuant to which such person is Licensed, Certified, or Registered; provided, however, that such practitioners may not hold themselves out under the title “Licensed Orientation and Mobility Specialist” or as performing licensed orientation and mobility training.

In reading this language, it is clear that other duly licensed, certified, and registered professionals under New York statute may provide orientation and mobility training and vision rehabilitation services. While this provision may serve to address the issue of need to some degree, it does not serve to ensure that such professionals are competent or qualified to provide quality orientation and mobility and/or vision rehabilitation therapy services to consumers. After all, these professionals may not have any specialized education or training relative to these service lines, completed a supervised practice program and/or satisfactorily achieved a passing examination score relative to specialized knowledge and skill. 

      For the reasons stated, ACVREP and the NBPCB do not support the legislation as currently drafted. 

      Thank you for your attention in this matter. For more information regarding ACVREP and NBPCB specific concerns relative to contextual implications of the current legislation, please read the attached documents.

Sincerely, 

Allen C. Harris, President                                             Garett A. Holm, President        

NBPCB                                                                       ACVREP

Edward C. Bell, Ph.D., CRC, NOMC

REGISTER TO TAKE THE NATIONAL CERTIFICATION IN LITERARY BRAILLE (NCLB) Exam 
http://www.nbpcb.org/pages/announcements.php

Get your T-Shirt to promote Independence for the Blind
http://www.gemini-rt.com/?page_id=37

Director, Professional Development and Research
Institute on Blindness
Louisiana Tech University
210 Woodard Hall
PO Box 3158
Ruston LA  71272
Office: 318.257.4554 
Fax: 318.257.2259 (Fax)
Skype: edwardbell2010
ebell at latech.edu
www.latech.edu/instituteonblindness
********************
"I am somehow less interested in the weight and convolutions of Einstein's brain than in the near certainty that people of equal talent have lived and died in cotton fields and sweatshops." 
-- Stephen Jay Gould 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: ACVREP and NBPCB NY Licensure Response.doc
Type: application/msword
Size: 44032 bytes
Desc: not available
URL: <http://nfbnet.org/pipermail/rehab_nfbnet.org/attachments/20110427/1073a61f/attachment.doc>