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--B
                               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 -- again reported from said commit-
          tee with amendments, 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 on-site supervision of a  professional
    14  licensed pursuant to such article one hundred thirty-one and such person
    15  is  over  the  age  of eighteen, successfully completes a curriculum and
    16  examination approved by the department demonstrating  that  such  person
    17  has the requisite experience to instill dilating eye drops and anesthet-
    18  ic  eye  drops  used  in conjunction with such dilating eye drops to the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00577-03-9
        A. 3822--B                          2
     1  surface of the eye and registers with the department  after  paying  the
     2  requisite fee in accordance with the commissioner's regulations;
     3    §  2.  Section  7106  of  the education law is amended by adding a new
     4  subdivision 4 to read as follows:
     5    4. Notwithstanding subdivision seven  of  section  six  thousand  five
     6  hundred nine of this title, a licensed optometrist may delegate the care
     7  of a  patient for the specific purpose of instilling mydriatic or cyclo-
     8  plegic  eye  drops (hereinafter "dilating eye drops") and anesthetic eye
     9  drops used in conjunction with such dilating eye drops to the surface of
    10  the eye of a patient, provided that the person instilling such  dilating
    11  eye drops and anesthetic eye drops is deemed qualified to assist, and is
    12  under  the on-site supervision of a licensed optometrist. A person shall
    13  be deemed qualified for  purposes  of  this  subdivision  and  shall  be
    14  permitted to assist a licensed optometrist for the purpose of instilling
    15  dilating  eye  drops  and  anesthetic eye drops used in conjunction with
    16  such dilating eye drops only if such person is over the age of eighteen,
    17  successfully completes a curriculum  and  examination  approved  by  the
    18  department  demonstrating  the  requisite experience to instill dilating
    19  eye drops and anesthetic eye drops used in conjunction with such  dilat-
    20  ing  eye  drops to the surface of the eye and registers with the depart-
    21  ment after paying the requisite fee in accordance with  the  commission-
    22  er's regulations.
    23    §  3. This act shall take effect on the first of January next succeed-
    24  ing the date on which it shall have become a law. Effective  immediately
    25  the  addition,  amendment and/or repeal of any rule or regulation neces-
    26  sary for the implementation of  this  act  on  its  effective  date  are
    27  authorized to be made and completed on or before such date.