Bill Text: NY S08641 | 2019-2020 | General Assembly | Amended

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Bill Title: Relates to instilling mydriatic or cycloplegic eye drops by persons trained and deemed qualified by supervising licensed physicians or supervising licensed optometrists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-09-21 - signed chap.180 [S08641 Detail]

Download: New_York-2019-S08641-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8641--A

                    IN SENATE

                                      June 26, 2020
                                       ___________

        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to amend the education law, in relation to instilling mydriatic
          or cycloplegic eye drops by persons trained and  deemed  qualified  by
          supervising  licensed physicians or supervising licensed optometrists;
          and to repeal certain provisions of such law relating thereto

          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  amended by chapter 517 of the laws  of  2019,  is  amended  to  read  as
     3  follows:
     4    25. [a.] Delegating professional responsibilities to a person when the
     5  licensee  delegating  such  responsibilities knows or has reason to know
     6  that such person is not qualified, by training,  by  experience,  or  by
     7  licensure, to perform them.
     8    [b.  A person shall be deemed qualified to assist a physician licensed
     9  pursuant to article one hundred thirty-one of this title in the care  of
    10  a  patient  for  the  purpose of instilling mydriatic or cycloplegic eye
    11  drops (hereinafter "dilating eye drops") and  anesthetic  eye  drops  in
    12  conjunction  with  such  dilating  drops  to the surface of the eye of a
    13  patient, provided that the person instilling such dilating eye drops and
    14  anesthetic eye drops is under the on-site  supervision  of  a  physician
    15  pursuant  to such article one hundred thirty-one and such person is over
    16  the age of eighteen, successfully completes a curriculum and examination
    17  approved by the department demonstrating that such person has the requi-
    18  site experience to instill dilating eye drops and anesthetic  eye  drops
    19  used  in  conjunction with such dilating eye drops to the surface of the
    20  eye and registers with the department after paying the requisite fee  in
    21  accordance with the commissioner's regulations;]
    22    §  2.  Section  6527  of  the education law is amended by adding a new
    23  subdivision 9 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16450-05-0
        S. 8641--A                          2

     1    9. (a) Nothing in this article shall be construed to affect or prevent
     2  a person in training or trained and deemed qualified  by  a  supervising
     3  licensed  physician,  to  assist the licensed physician in the care of a
     4  patient for the purpose of instilling mydriatic or cycloplegic eye drops
     5  and  anesthetic eye drops in conjunction with such dilating drops to the
     6  surface of the eye of a patient, provided  that  the  person  instilling
     7  such eye drops is:
     8    (i) under the on-site supervision of a supervising licensed physician;
     9    (ii) at least eighteen years of age; and
    10    (iii) complies with standards issued by the department.
    11    (b)  The supervising licensed physician shall submit a form prescribed
    12  by the department detailing  the  identity  of  each  person  instilling
    13  mydriatic  or cycloplegic eye drops and anesthetic eye drops in conjunc-
    14  tion with such dilating drops to the surface of the eye  of  a  patient,
    15  under  his  or  her  supervision, attesting to compliance with the above
    16  requirements.
    17    (c) The supervising licensed physician's use of any such person pursu-
    18  ant to the terms of this subdivision shall be  undertaken  with  profes-
    19  sional  judgment  in  order  to  ensure the safety and well-being of the
    20  patient. Such use shall subject  the  licensed  physician  to  the  full
    21  disciplinary  and  regulatory  authority  of  the office of professional
    22  medical conduct and the board of regents. The  licensed  physician  must
    23  notify  the  patient  or  the patient's designated health care surrogate
    24  that the licensed physician may utilize the services of an individual to
    25  administer certain eye  drops  and  must  provide  the  patient  or  the
    26  patient's designated health care surrogate the opportunity to refuse the
    27  licensed physician's plan to utilize such person.
    28    § 3. Subdivision 4 of section 7106 of the education law is REPEALED.
    29    §  4.  Section  7105  of  the education law is amended by adding a new
    30  subdivision d to read as follows:
    31    d. 1. A person in training or appropriately trained and deemed  quali-
    32  fied by the supervising licensed optometrist, to assist a licensed opto-
    33  metrist in the care of a patient for the purpose of instilling mydriatic
    34  or  cycloplegic  eye  drops and anesthetic eye drops in conjunction with
    35  such dilating drops to the surface of the eye  of  a  patient,  provided
    36  that the person instilling such eye drops is:
    37    (i)  under  the  on-site supervision of a supervising licensed optome-
    38  trist;
    39    (ii) at least eighteen years of age; and
    40    (iii) complies with standards issued by the department.
    41    2. The supervising licensed optometrist shall submit a form prescribed
    42  by the department, detailing the  identity  of  each  person  instilling
    43  mydriatic  or cycloplegic eye drops and anesthetic eye drops in conjunc-
    44  tion with such dilating drops to the surface of the eye  of  a  patient,
    45  under  his  or  her  supervision, attesting to compliance with the above
    46  requirements.
    47    3. The supervising licensed  optometrist's  use  of  any  such  person
    48  pursuant  to  the  terms  of  this  subdivision shall be undertaken with
    49  professional judgment in order to ensure the safety  and  well-being  of
    50  the patient. Such use shall subject the licensed optometrist to the full
    51  disciplinary  and  regulatory  authority of the board of regents and the
    52  department pursuant to this title. The licensed optometrist must  notify
    53  the  patient  or the patient's designated health care surrogate that the
    54  licensed optometrist may utilize the services of an individual to admin-
    55  ister certain eye drops and must provide the patient  or  the  patient's
        S. 8641--A                          3

     1  designated  health care surrogate the opportunity to refuse the licensed
     2  optometrist's plan to utilize such person.
     3    § 5. This act shall take effect nine months after it shall have become
     4  a  law; provided, however, that sections one and three of this act shall
     5  take effect on same date and in the same manner as chapter  517  of  the
     6  laws  of  2019 takes effect.  Effective immediately the addition, amend-
     7  ment and/or repeal of any rule or regulation necessary for the implemen-
     8  tation of this act on its effective date are authorized to be  made  and
     9  completed on or before such date.