S T A T E   O F   N E W   Y O R K
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                                  3718

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

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)

A. 3718                             3

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.