Bill Text: NY S00975 | 2013-2014 | General Assembly | Amended
Bill Title: Authorizes optometrists certified to use therapeutic pharmaceutical agents for the treatment or prevention of ocular disease, to also use specified oral pharmaceutical agents in their practices; requires completion of a 25 hour phase three therapeutic pharmaceutical agent certification course of didactic education; permits the commissioner of health to recommend other categories of drugs that may also be prescribed.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HIGHER EDUCATION [S00975 Detail]
Download: New_York-2013-S00975-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
975--A
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sens. LIBOUS, ESPAILLAT -- read twice and ordered printed,
and when printed to be committed 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 practice of opto-
metry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph (v) of paragraph (d) of subdivision 1 of
2 section 7101-a of the education law, as added by chapter 517 of the laws
3 of 1995, is amended and a new subparagraph (vi) is added to read as
4 follows:
5 (v) Disclosing agents and other substances used in conjunction with
6 these drugs as part of a diagnostic procedure[.];
7 (VI) SUCH ADDITIONAL CATEGORIES OF DRUGS AS MAY BE RECOMMENDED BY THE
8 COMMISSIONER OF HEALTH IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
9 TWELVE OF THIS SECTION.
10 S 2. Subparagraph (viii) of paragraph (e) of subdivision 1 of section
11 7101-a of the education law, as added by chapter 517 of the laws of
12 1995, is amended and a new subparagraph (ix) is added to read as
13 follows:
14 (viii) artificial tears and lubricants[.];
15 (IX) SUCH ADDITIONAL CATEGORIES OF DRUGS AS MAY BE RECOMMENDED BY THE
16 COMMISSIONER OF HEALTH IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
17 TWELVE OF THIS SECTION.
18 S 3. Subdivision 1 of section 7101-a of the education law is amended
19 by adding a new paragraph (g) to read as follows:
20 (G) PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENTS. PHASE THREE THERA-
21 PEUTIC PHARMACEUTICAL AGENTS SHALL MEAN THOSE ORALLY ADMINISTERED DRUGS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03208-03-3
S. 975--A 2
1 USED FOR THERAPEUTIC PURPOSES FOR THE TREATMENT OF DISEASES OF THE EYE
2 AND ADNEXA AND SHALL BE LIMITED TO:
3 (I) ANTIBIOTICS;
4 (II) DECONGESTANTS/ANTI-ALLERGENIC/ANTIHISTAMINES;
5 (III) ANTIGLAUCOMAS;
6 (IV) ANTIVIRALS;
7 (V) ANALGESICS, EXCEPT THOSE LISTED IN SCHEDULES I AND II OF THE
8 UNIFORM CONTROLLED SUBSTANCES ACT;
9 (VI) NONSTEROIDAL ANTI-INFLAMMATORY DRUGS;
10 (VII) SUCH ADDITIONAL CATEGORIES OF DRUGS AS MAY BE RECOMMENDED BY THE
11 COMMISSIONER OF HEALTH IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
12 TWELVE OF THIS SECTION.
13 S 4. Paragraphs (c) and (d) of subdivision 4 of section 7101-a of the
14 education law are relettered paragraphs (d) and (e) and a new paragraph
15 (c) is added to read as follows:
16 (C) BEFORE USING OR PRESCRIBING PHASE THREE THERAPEUTIC PHARMACEUTICAL
17 AGENTS, AN OPTOMETRIST MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC PHARMA-
18 CEUTICAL AGENTS AND PHASE ONE AND PHASE TWO THERAPEUTIC PHARMACEUTICAL
19 AGENTS AND HAVE COMPLETED A TWENTY-FIVE HOUR PHASE THREE THERAPEUTIC
20 PHARMACEUTICAL AGENT CERTIFICATION COURSE OF DIDACTIC EDUCATION,
21 PROVIDED BY AN ACCREDITED COLLEGE OF OPTOMETRY AND APPROVED BY THE
22 DEPARTMENT, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, INSTRUCTION IN
23 PHARMACOLOGY AND DRUG INTERACTION.
24 SUCH COURSE SHALL QUALIFY TOWARDS MEETING THE THIRTY-SIX HOURS OF
25 CONTINUING EDUCATION PER TRIENNIAL REGISTRATION PERIOD REQUIRED BY
26 SUBDIVISION SEVEN OF THIS SECTION. THIS REQUIREMENT FOR THE TWENTY-FIVE
27 HOUR PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE
28 SHALL NOT APPLY TO THOSE OPTOMETRISTS WHO (I) GRADUATED FROM AN ACCRED-
29 ITED COLLEGE OF OPTOMETRY SUBSEQUENT TO JANUARY FIRST, TWO THOUSAND FOUR
30 AND (II) HAVE TAKEN AND SUCCESSFULLY PASSED EITHER THE TREATMENT AND
31 MANAGEMENT OF OCULAR DISEASES PORTION OF THE NATIONAL BOARD OF EXAMINERS
32 IN OPTOMETRY OR AN EXAMINATION ACCEPTABLE TO THE BOARD.
33 S 5. Subdivision 5 of section 7101-a of the education law, as added by
34 chapter 517 of the laws of 1995, is amended to read as follows:
35 5. Suspension of certification. The department shall suspend the
36 certification for the use and prescribing of phase one therapeutic
37 agents of any optometrist who fails to receive certification for phase
38 two therapeutic pharmaceutical agents within three years of having been
39 certified for phase one therapeutic pharmaceutical agents. THE DEPART-
40 MENT SHALL SUSPEND THE CERTIFICATION FOR THE USE AND PRESCRIBING OF
41 PHASE ONE AND PHASE TWO THERAPEUTIC AGENTS OF ANY OPTOMETRIST WHO FAILS
42 TO RECEIVE CERTIFICATION FOR PHASE THREE THERAPEUTIC PHARMACEUTICAL
43 AGENTS WITHIN THREE YEARS OF APPROVAL BY THE DEPARTMENT OF A TWENTY-FIVE
44 HOUR PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE
45 PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
46 S 6. Subdivision 7 of section 7101-a of the education law, as added by
47 chapter 517 of the laws of 1995, is amended to read as follows:
48 7. Continuing education. Each optometrist certified to use phase one
49 [or], phase two, OR PHASE THREE therapeutic pharmaceutical agents shall
50 complete a minimum of thirty-six hours of continuing education per
51 triennial registration period. The education shall be in the area of
52 ocular disease and pharmacology, AT LEAST SIX HOURS OF WHICH SHALL
53 RELATE SPECIFICALLY TO SYSTEMIC DRUG USE AND INTERACTION, and may
54 include both didactic and clinical components. Such educational programs
55 shall be approved in advance by the department and evidence of the
56 completion of this requirement shall be submitted with each application
S. 975--A 3
1 for license renewal as required by section sixty-five hundred two of
2 this chapter.
3 S 7. Subdivision 12 of section 7101-a of the education law, as added
4 by chapter 517 of the laws of 1995, is amended to read as follows:
5 12. Responsibilities of the commissioner of health. The commissioner
6 of health [may recommend to the commissioner additions or deletions to
7 the department's regulations relating to optometric use of drugs except
8 that such recommendations shall be limited only to additions which have
9 been determined to be equivalent to those drugs already authorized or
10 deletions based upon a finding that the drugs are no longer appropriate
11 for their current use or for other similar reasons.] SHALL RECOMMEND TO
12 THE COMMISSIONER ADDITIONS OR DELETIONS TO THE LIST OF APPROVED CATEGO-
13 RIES OF DIAGNOSTIC, THERAPEUTIC AND ORAL PHARMACEUTICAL AGENTS WHICH ARE
14 CONSISTENT WITH THE STANDARD OF CARE IN THE COMMUNITY FOR THE DIAGNOSIS
15 AND TREATMENT OF DISEASES OF THE EYE AND ADNEXA.
16 S 8. Section 7106 of the education law is amended by adding a new
17 subdivision 4 to read as follows:
18 4. BEGINNING JANUARY FIRST, TWO THOUSAND FIFTEEN, AN APPLICANT FOR A
19 LICENSE PURSUANT TO SECTION SEVENTY-ONE HUNDRED FOUR OF THIS ARTICLE OR
20 RENEWAL OF A REGISTRATION IN OPTOMETRY SHALL AFFIRM TO THE DEPARTMENT
21 THAT SUCH APPLICANT IS CERTIFIED IN CARDIOPULMONARY RESUSCITATION (CPR)
22 FROM AN APPROVED PROVIDER. IN THE EVENT THE APPLICANT CANNOT PHYSICALLY
23 PERFORM CPR, THE COMMISSIONER'S REGULATIONS SHALL ALLOW THE APPLICANT TO
24 MAKE ARRANGEMENTS FOR ANOTHER INDIVIDUAL IN THE OFFICE TO ADMINISTER
25 CPR.
26 S 9. This act shall take effect on the one hundred twentieth day after
27 it shall have become a law; provided that any rule or regulation neces-
28 sary for the timely implementation of this act on its effective date
29 shall be promulgated on or before such effective date.
