senate Bill S975

Amended

Authorizes optometrists to prescribe certain drugs that may be used for therapeutic purposes and taken orally

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HIGHER EDUCATION
  • 11 / Feb / 2013
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 11 / Feb / 2013
    • PRINT NUMBER 975A
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION

Summary

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.

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Bill Details

Versions:
S975
S975A
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง7101-a & 7106, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S3027B

Sponsor Memo

BILL NUMBER:S975

TITLE OF BILL:
An act
to amend the education law, in relation to the practice of optometry

PURPOSE OR GENERAL IDEA OF BILL:
To allow licensed optometrists who are already certified to prescribe
diagnostic and phase one and phase two therapeutic pharmaceutical
agents to prescribe certain phase three therapeutic oral medications

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph (d) of subdivision 1 of section 7101-a of
the education law, as added by chapter 517 of the laws of 1995, by
amending subparagraph (v) and adding a new subparagraph (vi) to
authorize the commissioner of health to recommend additional
categories of diagnostic pharmaceutical drugs for use by
optometrists in the treatment of their patients.

Section two amends paragraph (e) of subdivision 1 of section 7101-a of
the education law, as added by chapter 517 of the laws of 1995, by
amending subparagraph (viii) and adding a new subparagraph (ix) to
authorize the commissioner of health to recommend additional
categories of therapeutic pharmaceutical drugs for use by
optometrists in the treatment of their patients.

Section three amends subdivision 1 of section 7101-a of the education
law by adding a new paragraph (g) that provides the definition of
phase three therapeutic pharmaceutical agents. Such drugs shall
include those listed.

Section four amends subdivision 4 of section 7101-a of the education
law by re-lettering paragraphs (c) and (d) paragraphs (d) and (e),
and by adding a new paragraph (c). Paragraph (c) provides that
optometrists must first be certified to prescribe diagnostic and
phase one and phase two therapeutic pharmaceutical agents and
complete a twenty-five hour phase three therapeutic pharmaceutical
agent certification course provided by an accredited college of
optometry and approved by the education department, before using or
prescribing oral pharmaceutical agents. The twenty-five hour course
requirement shall not apply to certain specified optometrists.

Section five amends subdivision 5 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, by providing that
the department shall suspend the certification for the use and
prescribing of phase one and phase two therapeutic agents of any
optometrist who fails to receive certification for phase three
therapeutic pharmaceutical agents within three years of approval by
the department of the certification course.

Section six amends subdivision 7 of section 7101-a of the education law,
as added by chapter 517 of the laws of 1995, by providing that at
least six hours of the thirty-six hours of continuing education that
is required per triennial registration period shall relate
specifically to systemic drug use and interaction.


Section seven amends subdivision 12 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, by providing that
an additional responsibility of the commissioner of health shall be
that the commissioner of health shall recommend to the commissioner
of education additions to or deletions from the list of approved
categories of diagnostic, therapeutic and oral pharmaceutical agents
which are consistent with the standard of care in the community for
the diagnosis and treatment of diseases of the eye and adnexa.

Section eight amends section 7106 of the education law by adding a new
subdivision 4 that provides that beginning January 1, 2012, an
applicant for an optometry license or a renewal of a registration in
optometry shall affirm to the department of education that such
applicant is certified in cardiopulmonary resuscitation from an
approved provider.

Section nine provides the effective date.

JUSTIFICATION:
In 1995, the Legislature enacted a law authorizing a specialty
certification for optometrists with training and experience to use
topically applied therapeutic pharmaceutical agents for the treatment
or prevention of ocular disease. By law, such certified optometrists
are required to be held to the seine standard of care in diagnosis,
use of such agents, and treatment as that degree of skill and
proficiency commonly exercised by a physician.

The law also directed the Commissioner of Education, to appoint a
temporary evaluation committee representing an equal number of
optometrists and ophthalmologists, to advise him and the
Commissioner of Health as to the optometric value of phase one, and
phase two therapeutic drugs. Based on a thorough two year study by
the evaluation committee, the Commissioner of Education, in
consultation with the Commissioner of Health, subsequently
determined that the use of both phase one and phase two
pharmaceutical agents was in the public interest and communicated
that finding, as prescribed in law, to the Speaker of the Assembly,
the Temporary President of the Senate, and the Chairs of the Senate
and Assembly Higher Education Committees.

In the years since the 1995 legislation was enacted, New Yorkers have
enjoyed enhanced access to a higher quality of primary eye care
services provided by optometrists who meet the qualifications set
forth in the legislation. This new legislation extends the 1995
legislation another modest step by permitting optometrists to
prescribe for their patients oral medications for the treatment of
eye disease. In some cases, oral (as opposed to topical) medication
is necessary for the treatment of certain eye diseases and the
legislation would permit optometrists (who satisfy certain continuing
education requirements) to prescribe oral medications solely in the
context of treating eye disease.

The bill would further establish consistency over the categories of
diagnostic, therapeutic and orals drugs that optometrists shall be
authorized to use by providing that the Commissioner of Health shall
recommend additions to or deletions from such categories based on


whether they are the standard of care for the diagnosis and
treatment of eye disease and adnexa.

Currently, 47 states and the District of Columbia allow optometrists
to prescribe and use a range of oral pharmaceutical agents for
ocular conditions. Optometric students at SUNY College of Optometry
and optometric schools across the country are required to be
thoroughly educated and trained in the prescription and use of these
medications. The enactment of this legislation will provide New
Yorkers access to the most effective and appropriate medications that
are necessary in the treatment of ocular diseases and will ensure
that the prescribing optometrist is fully prepared to fulfill this
responsibility.

PRIOR LEGISLATIVE HISTORY:
A.363-B, 2011 and 2012 referred to higher education. Same as S.3027-B,
2011 and 2012 referred to higher education. A.3718, 2009 and 2010
referred to higher education. Same as S.2667, 2009 and 2010 referred
to higher education.
Similar to A.8001, 2007 and 2008 referred to higher education. Same as
S.4519, 2007-2008 referred to higher education. A.4329A, 2005 and
2006 referred to higher education. Same as S.2719-A, 2005 and 2006.
Similar to A.7223, 2003 and 2004 referred to higher education. Same
as S.2761, 2003 and 2004 referred to higher education. Similar to
A.8814, 2001 and 2002 referred to higher education, Same as 8.4482,
2001 and 2002 referred to higher education.

FISCAL IMPLICATION:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that any rule or regulation
necessary for the timely implementation of this act on its effective
date shall be promulgated on or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   975

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- 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 practice of  opto-
  metry

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.   Subparagraph (v) of paragraph (d)  of  subdivision  1  of
section 7101-a of the education law, as added by chapter 517 of the laws
of  1995,  is  amended  and  a new subparagraph (vi) is added to read as
follows:
  (v) Disclosing agents and other substances used  in  conjunction  with
these drugs as part of a diagnostic procedure[.];
  (VI)  SUCH ADDITIONAL CATEGORIES OF DRUGS AS MAY BE RECOMMENDED BY THE
COMMISSIONER OF HEALTH IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION
TWELVE OF THIS SECTION.
  S  2. Subparagraph (viii) of paragraph (e) of subdivision 1 of section
7101-a of the education law, as added by chapter  517  of  the  laws  of
1995,  is  amended  and  a  new  subparagraph  (ix)  is added to read as
follows:
  (viii) artificial tears and lubricants[.];
  (IX) SUCH ADDITIONAL CATEGORIES OF DRUGS AS MAY BE RECOMMENDED BY  THE
COMMISSIONER  OF HEALTH IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
TWELVE OF THIS SECTION.
  S 3. Subdivision 1 of section 7101-a of the education law  is  amended
by adding a new paragraph (g) to read as follows:
  (G)  PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENTS. PHASE THREE THERA-
PEUTIC PHARMACEUTICAL AGENTS SHALL MEAN THOSE ORALLY ADMINISTERED  DRUGS
USED  FOR  THERAPEUTIC PURPOSES FOR THE TREATMENT OF DISEASES OF THE EYE
AND ADNEXA AND SHALL BE LIMITED TO:
  (I) ANTIBIOTICS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03208-01-3

S. 975                              2

  (II) DECONGESTANTS/ANTI-ALLERGENIC/ANTIHISTAMINES;
  (III) ANTIGLAUCOMAS;
  (IV) ANTIVIRALS;
  (V)  ANALGESICS,  EXCEPT  THOSE  LISTED  IN  SCHEDULES I AND II OF THE
UNIFORM CONTROLLED SUBSTANCES ACT;
  (VI) NONSTEROIDAL ANTI-INFLAMMATORY DRUGS;
  (VII) SUCH ADDITIONAL CATEGORIES OF DRUGS AS MAY BE RECOMMENDED BY THE
COMMISSIONER OF HEALTH IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION
TWELVE OF THIS SECTION.
  S  4. Paragraphs (c) and (d) of subdivision 4 of section 7101-a of the
education law are relettered paragraphs (d) and (e) and a new  paragraph
(c) is added to read as follows:
  (C) BEFORE USING OR PRESCRIBING ORAL PHARMACEUTICAL AGENTS, AN OPTOME-
TRIST  MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC AND PHASE ONE AND PHASE
TWO THERAPEUTIC PHARMACEUTICAL AGENTS AND HAVE COMPLETED  A  TWENTY-FIVE
HOUR  PHASE  THREE THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE
OF DIDACTIC EDUCATION, PROVIDED BY AN ACCREDITED  COLLEGE  OF  OPTOMETRY
AND  APPROVED BY THE DEPARTMENT, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
TO, INSTRUCTION IN PHARMACOLOGY AND DRUG INTERACTION.
  SUCH COURSE SHALL QUALIFY TOWARDS  MEETING  THE  THIRTY-SIX  HOURS  OF
CONTINUING  EDUCATION  PER  TRIENNIAL  REGISTRATION  PERIOD  REQUIRED BY
SUBDIVISION SEVEN OF THIS SECTION. THIS REQUIREMENT FOR THE  TWENTY-FIVE
HOUR  PHASE  THREE THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE
SHALL NOT APPLY TO THOSE OPTOMETRISTS WHO (I) GRADUATED FROM AN  ACCRED-
ITED COLLEGE OF OPTOMETRY SUBSEQUENT TO JANUARY FIRST, TWO THOUSAND FOUR
AND  (II)  HAVE  TAKEN  AND SUCCESSFULLY PASSED EITHER THE TREATMENT AND
MANAGEMENT OF OCULAR DISEASES PORTION OF THE NATIONAL BOARD OF EXAMINERS
IN OPTOMETRY OR AN EXAMINATION ACCEPTABLE TO THE BOARD.
  S 5. Subdivision 5 of section 7101-a of the education law, as added by
chapter 517 of the laws of 1995, is amended to read as follows:
  5. Suspension of  certification.  The  department  shall  suspend  the
certification  for  the  use  and  prescribing  of phase one therapeutic
agents of any optometrist who fails to receive certification  for  phase
two  therapeutic pharmaceutical agents within three years of having been
certified for phase one therapeutic pharmaceutical agents.  THE  DEPART-
MENT  SHALL  SUSPEND  THE  CERTIFICATION  FOR THE USE AND PRESCRIBING OF
PHASE ONE AND PHASE TWO THERAPEUTIC AGENTS OF ANY OPTOMETRIST WHO  FAILS
TO  RECEIVE  CERTIFICATION  FOR  PHASE  THREE THERAPEUTIC PHARMACEUTICAL
AGENTS WITHIN THREE YEARS OF APPROVAL BY THE DEPARTMENT OF A TWENTY-FIVE
HOUR PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENT  CERTIFICATION  COURSE
PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
  S 6. Subdivision 7 of section 7101-a of the education law, as added by
chapter 517 of the laws of 1995, is amended to read as follows:
  7.  Continuing  education. Each optometrist certified to use phase one
or phase two therapeutic pharmaceutical agents shall complete a  minimum
of  thirty-six  hours of continuing education per triennial registration
period. The education shall be in the area of ocular disease and pharma-
cology, AT LEAST SIX HOURS OF WHICH SHALL RELATE SPECIFICALLY TO SYSTEM-
IC DRUG USE AND INTERACTION, and may include both didactic and  clinical
components.  Such  educational  programs shall be approved in advance by
the department and evidence of the completion of this requirement  shall
be  submitted  with  each application for license renewal as required by
section sixty-five hundred two of this chapter.
  S 7. Subdivision 12 of section 7101-a of the education law,  as  added
by chapter 517 of the laws of 1995, is amended to read as follows:

S. 975                              3

  12.  Responsibilities of the commissioner of health.  The commissioner
of health [may recommend to the commissioner additions or  deletions  to
the  department's regulations relating to optometric use of drugs except
that such recommendations shall be limited only to additions which  have
been  determined  to  be equivalent to those drugs already authorized or
deletions based upon a finding that the drugs are no longer  appropriate
for  their current use or for other similar reasons.] SHALL RECOMMEND TO
THE COMMISSIONER ADDITIONS OR DELETIONS TO THE LIST OF APPROVED  CATEGO-
RIES OF DIAGNOSTIC, THERAPEUTIC AND ORAL PHARMACEUTICAL AGENTS WHICH ARE
CONSISTENT  WITH THE STANDARD OF CARE IN THE COMMUNITY FOR THE DIAGNOSIS
AND TREATMENT OF DISEASES OF THE EYE AND ADNEXA.
  S 8. Section 7106 of the education law is  amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  BEGINNING JANUARY FIRST, TWO THOUSAND FOURTEEN, AN APPLICANT FOR A
LICENSE PURSUANT TO SECTION SEVENTY-ONE HUNDRED FOUR OF THIS ARTICLE  OR
RENEWAL  OF  A  REGISTRATION IN OPTOMETRY SHALL AFFIRM TO THE DEPARTMENT
THAT SUCH APPLICANT IS CERTIFIED IN CARDIOPULMONARY RESUSCITATION  (CPR)
FROM  AN APPROVED PROVIDER. IN THE EVENT THE APPLICANT CANNOT PHYSICALLY
PERFORM CPR, THE COMMISSIONER'S REGULATIONS SHALL ALLOW THE APPLICANT TO
MAKE ARRANGEMENTS FOR ANOTHER INDIVIDUAL IN  THE  OFFICE  TO  ADMINISTER
CPR.
  S 9. This act shall take effect on the one hundred twentieth day after
it  shall have become a law; provided that any rule or regulation neces-
sary for the timely implementation of this act  on  its  effective  date
shall be promulgated on or before such effective date.

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