Bill Text: NY S07614 | 2017-2018 | General Assembly | Introduced

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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 (Republican 9-1)

Status: (Engrossed - Dead) 2018-06-13 - referred to education [S07614 Detail]

Download: New_York-2017-S07614-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7614
                    IN SENATE
                                    January 30, 2018
                                       ___________
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
        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 supervised by a professional licensed pursuant
    14  to such article one hundred thirty-one and such person is over  the  age
    15  of  eighteen,  completes a curriculum and examination demonstrating that
    16  such person has the requisite experience to instill dilating  eye  drops
    17  and  anesthetic  eye  drops  used  in conjunction with such dilating eye
    18  drops to the surface of the  eye  satisfactory  to  the  department  and
    19  registers  with the department after paying the requisite fee in accord-
    20  ance with the commissioner's regulations;
    21    § 2. Section 7106 of the education law is  amended  by  adding  a  new
    22  subdivision 4 to read as follows:
    23    4.  Notwithstanding  subdivision  seven  of  section six thousand five
    24  hundred nine of this title, a licensed optometrist may delegate the care
    25  of a  patient for the specific purpose of instilling mydriatic or cyclo-
    26  plegic eye drops (hereinafter "dilating eye drops") and  anesthetic  eye
    27  drops used in conjunction with such dilating eye drops to the surface of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14194-04-8
        S. 7614                             2
     1  the  eye of a patient, provided that the person instilling such dilating
     2  eye drops and anesthetic eye drops is deemed qualified to assist, and is
     3  supervised by a licensed optometrist. A person shall be deemed qualified
     4  for  purposes  of  this  subdivision  and shall be permitted to assist a
     5  licensed optometrist for the purpose of instilling  dilating  eye  drops
     6  and  anesthetic  eye  drops  used  in conjunction with such dilating eye
     7  drops only if such person is over  the  age  of  eighteen,  completes  a
     8  curriculum  and  examination  demonstrating  the requisite experience to
     9  instill dilating eye drops and anesthetic eye drops used in  conjunction
    10  with  such  dilating eye drops to the surface of the eye satisfactory to
    11  the department and registers with the department after paying the requi-
    12  site fee in accordance with the commissioner's regulations.
    13    § 3. This act shall take effect on the first of January next  succeed-
    14  ing  the  date  on  which it shall have become a law; provided, however,
    15  that the department of education is authorized and  directed,  prior  to
    16  such  effective  date, to promulgate such rules or regulations as may be
    17  necessary for the timely implementation of this act.