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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3822--A
                               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, ASHBY -- Multi-Sponsored by -- M. of  A.
          SAYEGH  -- read once and referred to the Committee on Higher Education
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
        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 under the supervision of a professional licensed
    14  pursuant to such article one hundred thirty-one and such person is  over
    15  the age of eighteen, successfully completes a curriculum and examination
    16  approved by the department demonstrating that such person has the requi-
    17  site  experience  to instill dilating eye drops and anesthetic eye drops
    18  used in conjunction with such dilating eye drops to the surface  of  the
    19  eye  and registers with the department after paying the requisite fee in
    20  accordance with the commissioner's regulations;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00577-02-9
        A. 3822--A                          2
     1    § 2. Section 7106 of the education law is  amended  by  adding  a  new
     2  subdivision 4 to read as follows:
     3    4.  Notwithstanding  subdivision  seven  of  section six thousand five
     4  hundred nine of this title, a licensed optometrist may delegate the care
     5  of a  patient for the specific purpose of instilling mydriatic or cyclo-
     6  plegic eye drops (hereinafter "dilating eye drops") and  anesthetic  eye
     7  drops used in conjunction with such dilating eye drops to the surface of
     8  the  eye of a patient, provided that the person instilling such dilating
     9  eye drops and anesthetic eye drops is deemed qualified to assist, and is
    10  under the supervision of a  licensed  optometrist.  A  person  shall  be
    11  deemed qualified for purposes of this subdivision and shall be permitted
    12  to  assist a licensed optometrist for the purpose of instilling dilating
    13  eye drops and anesthetic eye drops used in conjunction with such  dilat-
    14  ing  eye drops only if such person is over the age of eighteen, success-
    15  fully completes a curriculum and examination approved by the  department
    16  demonstrating the requisite experience to instill dilating eye drops and
    17  anesthetic eye drops used in conjunction with such dilating eye drops to
    18  the  surface  of  the eye and registers with the department after paying
    19  the requisite fee in accordance with the commissioner's regulations.
    20    § 3. This act shall take effect on the first of January next  succeed-
    21  ing  the date on which it shall have become a law. Effective immediately
    22  the addition, amendment and/or repeal of any rule or  regulation  neces-
    23  sary  for  the  implementation  of  this  act  on its effective date are
    24  authorized to be made and completed on or before such date.