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

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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--D

                               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 -- 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  physician  licensed
     8  pursuant  to article one hundred thirty-one of this title in the care of
     9  a patient for the purpose of instilling  mydriatic  or  cycloplegic  eye
    10  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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00577-07-9
        A. 3822--D                          2

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