Bill Text: NY A03822 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the instilling of mydriatic or cycloplegic eye drops by persons qualified and supervised by a licensed optometrist or ophthalmologist.

Spectrum: Moderate Partisan Bill (Democrat 17-5)

Status: (Passed) 2019-11-20 - SIGNED CHAP.517 [A03822 Detail]

Download: New_York-2019-A03822-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3822
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by M. of A. McDONALD, GUNTHER, PICHARDO, SEAWRIGHT, GARBARI-
          NO, WILLIAMS, DICKENS, LUPARDO, FAHY, D'URSO, ARROYO, MONTESANO, COOK,
          GOTTFRIED, LAVINE, RA, SMITH -- read once and referred to the  Commit-
          tee on Higher Education
        AN  ACT  to  amend  the  education law, in relation to the delegation of
          certain professional  responsibilities  for  instilling  mydriatic  or
          cycloplegic eye drops
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 25 of section 6530 of  the  education  law,  as
     2  added by chapter 606 of the laws of 1991, is amended to read as follows:
     3    25.  a.  Delegating professional responsibilities to a person when the
     4  licensee delegating such responsibilities knows or has  reason  to  know
     5  that  such  person  is  not qualified, by training, by experience, or by
     6  licensure, to perform them[;].
     7    b. A person  shall  be  deemed  qualified  to  assist  a  professional
     8  licensed pursuant to article one hundred thirty-one of this title in the
     9  care of a patient for the purpose of instilling mydriatic or cycloplegic
    10  eye drops (hereinafter "dilating eye drops") and anesthetic eye drops in
    11  conjunction  with  such  dilating  drops  to the surface of the eye of a
    12  patient, provided that the person instilling such dilating eye drops and
    13  anesthetic eye drops is supervised by a professional  licensed  pursuant
    14  to  such  article one hundred thirty-one and such person is over the age
    15  of eighteen, completes a curriculum and examination  demonstrating  that
    16  such  person  has the requisite experience to instill dilating eye drops
    17  and anesthetic eye drops used in  conjunction  with  such  dilating  eye
    18  drops  to  the  surface  of  the  eye satisfactory to the department and
    19  registers with the department after paying the requisite fee in  accord-
    20  ance with the commissioner's regulations;
    21    §  2.  Section  7106  of  the education law is amended by adding a new
    22  subdivision 4 to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00577-01-9
        A. 3822                             2
     1    4. Notwithstanding subdivision seven  of  section  six  thousand  five
     2  hundred nine of this title, a licensed optometrist may delegate the care
     3  of a  patient for the specific purpose of instilling mydriatic or cyclo-
     4  plegic  eye  drops (hereinafter "dilating eye drops") and anesthetic eye
     5  drops used in conjunction with such dilating eye drops to the surface of
     6  the  eye of a patient, provided that the person instilling such dilating
     7  eye drops and anesthetic eye drops is deemed qualified to assist, and is
     8  supervised by a licensed optometrist. A person shall be deemed qualified
     9  for purposes of this subdivision and shall  be  permitted  to  assist  a
    10  licensed  optometrist  for  the purpose of instilling dilating eye drops
    11  and anesthetic eye drops used in  conjunction  with  such  dilating  eye
    12  drops  only  if  such  person  is  over the age of eighteen, completes a
    13  curriculum and examination demonstrating  the  requisite  experience  to
    14  instill  dilating eye drops and anesthetic eye drops used in conjunction
    15  with such dilating eye drops to the surface of the eye  satisfactory  to
    16  the department and registers with the department after paying the requi-
    17  site fee in accordance with the commissioner's regulations.
    18    §  3. This act shall take effect on the first of January next succeed-
    19  ing the date on which it shall have become a law. Effective  immediately
    20  the  addition,  amendment and/or repeal of any rule or regulation neces-
    21  sary for the implementation of  this  act  on  its  effective  date  are
    22  authorized to be made on or before such date.