S T A T E O F N E W Y O R K
________________________________________________________________________
3718
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. PAULIN, COOK, CYMBROWITZ, TITONE, STIRPE, ESPAIL-
LAT, BALL -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED,
HIKIND, LATIMER, MAISEL, McENENY, PEOPLES, REILLY, J. RIVERA -- read
once and referred 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. 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;
(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 2. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04240-03-9
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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 3. 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 4. 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 5. 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:
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. IN ADDITION, THE
COMMISSIONER OF HEALTH SHALL RECOMMEND TO THE COMMISSIONER ADDITIONS TO
THE LIST OF APPROVED CATEGORIES OF ORAL PHARMACEUTICAL AGENTS WHICH HAVE
BEEN DETERMINED TO HAVE BECOME THE STANDARD OF CARE IN THE COMMUNITY FOR
THE TREATMENT OF DISEASES OF THE EYE AND ADNEXA.
S 6. Section 7106 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN, 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)
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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 7. 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.