STATE OF NEW YORK
________________________________________________________________________
3822--C
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, REYES, STIRPE, SIMON -- 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 committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee 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 physician
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-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00577-05-9
A. 3822--C 2
1 site experience to instill dilating eye drops and anesthetic eye drops
2 used in conjunction with such dilating eye drops to the surface of the
3 eye and registers with the department after paying the requisite fee in
4 accordance with the commissioner's regulations;
5 § 2. Section 7106 of the education law is amended by adding a new
6 subdivision 4 to read as follows:
7 4. Notwithstanding subdivision seven of section six thousand five
8 hundred nine of this title, a licensed optometrist may delegate the care
9 of a patient for the specific purpose of instilling mydriatic or cyclo-
10 plegic eye drops (hereinafter "dilating eye drops") and anesthetic eye
11 drops used in conjunction with such dilating eye drops to the surface of
12 the eye of a patient, provided that the person instilling such dilating
13 eye drops and anesthetic eye drops is deemed qualified to assist, and is
14 under the on-site supervision of a licensed optometrist. A person shall
15 be deemed qualified for purposes of this subdivision and shall be
16 permitted to assist a licensed optometrist for the purpose of instilling
17 dilating eye drops and anesthetic eye drops used in conjunction with
18 such dilating eye drops only if such person is over the age of eighteen,
19 successfully completes a curriculum and examination approved by the
20 department demonstrating the requisite experience to instill dilating
21 eye drops and anesthetic eye drops used in conjunction with such dilat-
22 ing eye drops to the surface of the eye and registers with the depart-
23 ment after paying the requisite fee in accordance with the commission-
24 er's regulations.
25 § 3. This act shall take effect on the five hundred forty-sixth day
26 after it shall have become a law. Effective immediately the addition,
27 amendment and/or repeal of any rule or regulation necessary for the
28 implementation of this act on its effective date are authorized to be
29 made and completed on or before such date.