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

                                 1447--A
    Cal. No. 634

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to  amend  the  education  law,  in relation to authorizing the
  dispensing of therapeutic contact lenses

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

  Section  1.  Subparagraphs  8 and 9 of paragraph a of subdivision 2 of
section 6807 of the education law, as amended by chapter 538 of the laws
of 2001, are amended and a new subparagraph  10  is  added  to  read  as
follows:
  (8) the dispensing of allergenic extracts; [or]
  (9)  the dispensing of drugs pursuant to an oncological or AIDS proto-
col; OR
  (10) THE DISPENSING OF THERAPEUTIC  CONTACT  LENSES  APPROVED  BY  THE
FEDERAL FOOD AND DRUG ADMINISTRATION.  FOR PURPOSES OF THIS SUBPARAGRAPH
"THERAPEUTIC  CONTACT  LENSES" MEANS VISION CORRECTIVE OR NON-CORRECTIVE
CONTACT LENSES THAT CONTAIN PHARMACEUTICAL AGENTS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07841-03-9


              

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

                                 1447--B
    Cal. No. 67

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Higher  Education  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining  its  place  in the order of third reading -- recommitted to
  the Committee on Higher Education in accordance with  Senate  Rule  6,
  sec. 8 -- reported favorably from said committee, ordered to first and
  second report, ordered to a third reading, passed by Senate and deliv-
  ered  to  the Assembly, recalled, vote reconsidered, restored to third
  reading, amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN  ACT  to  amend  the  education  law,  in relation to authorizing the
  dispensing of therapeutic contact lenses

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

  Section  1.  Subparagraphs  8 and 9 of paragraph a of subdivision 2 of
section 6807 of the education law, as amended by chapter 538 of the laws
of 2001, are amended and a new subparagraph  10  is  added  to  read  as
follows:
  (8) the dispensing of allergenic extracts; [or]
  (9)  the dispensing of drugs pursuant to an oncological or AIDS proto-
col; OR
  (10) THE DISPENSING OF VISION  CORRECTIVE  OR  NON-CORRECTIVE  CONTACT
LENSES THAT CONTAIN PHARMACEUTICAL AGENTS AND ARE APPROVED BY THE FEDER-
AL  FOOD  AND DRUG ADMINISTRATION, PROVIDED THAT SUCH CONTACT LENSES MAY
BE SOLD BY ANY PERSON OR ENTITY AUTHORIZED TO DO  SO  UNDER  THIS  TITLE
ONLY  ON A WRITTEN PRESCRIPTION FROM A LICENSED PHYSICIAN OR OPTOMETRIST
AND ONLY IF A LICENSED PHYSICIAN OR OPTOMETRIST IS IN  PERSONAL  ATTEND-
ANCE  AT  THE  PLACE  OF  SALE;  PROVIDED, HOWEVER, SUCH PRODUCTS MAY BE
DISPENSED WITHIN A REGISTERED PHARMACY BY A REGISTERED PHARMACIST, WITH-
OUT THE PRESENCE OF A LICENSED  PHYSICIAN  OR  OPTOMETRIST  IN  PERSONAL
ATTENDANCE.
  S 2. Subdivision 1 of section 6810 of the education law, as amended by
chapter 905 of the laws of 1985, is amended to read as follows:
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07841-05-0

S. 1447--B                          2

  1.  No  drug for which a prescription is required by the provisions of
the Federal Food, Drug and Cosmetic Act or by the commissioner of health
shall  be  distributed  or  dispensed  to  any  person  except  upon   a
prescription  written  by  a  person  legally  authorized  to issue such
prescription.  Such  drug shall be compounded or dispensed by a licensed
pharmacist, and no such drug shall be dispensed without affixing to  the
immediate container in which the drug is sold or dispensed a label bear-
ing  the  name and address of the owner of the establishment in which it
was dispensed, the date compounded, the number of the prescription under
which it is recorded in the pharmacist's prescription files, the name of
the prescriber, the name and address of the patient, and the  directions
for  the  use of the drug by the patient as given upon the prescription.
The prescribing and dispensing of a drug which is a controlled substance
shall be subject to additional requirements provided in article  thirty-
three  of  the  public  health law.   The words "drug" and "prescription
required drug" within the meaning of this article shall not be construed
to include soft or hard contact lenses, eyeglasses, or any other  device
for  the  aid or correction of vision; PROVIDED HOWEVER, THAT SUCH WORDS
SHALL INCLUDE VISION CORRECTIVE OR NON-CORRECTIVE  CONTACT  LENSES  THAT
CONTAIN  PHARMACEUTICAL  AGENTS AND ARE APPROVED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION.  Nothing in this subdivision shall prevent a  phar-
macy from furnishing a drug to another pharmacy which does not have such
drug in stock for the purpose of filling a prescription.
  S  3.  Section 7121 of the education law, as amended by chapter 647 of
the laws of 2005, is amended to read as follows:
  S 7121. Definition of practice of ophthalmic dispensing. The  practice
of  the  profession  of ophthalmic dispensing is defined as adapting and
fitting lenses, for the correction of deficiencies, deformities or anom-
alies of the human eyes, or adapting and fitting non-corrective  contact
lenses,  on  written  prescriptions from a licensed physician or optome-
trist. Replacements or duplicates of such  lenses  may  be  adapted  and
dispensed  without  prescription.  Contact  lenses  may  be fitted by an
ophthalmic dispenser only under the personal supervision of  a  licensed
physician  or  optometrist.  VISION CORRECTIVE OR NON-CORRECTIVE CONTACT
LENSES THAT CONTAIN PHARMACEUTICAL AGENTS AND ARE APPROVED BY THE FEDER-
AL FOOD AND  DRUG  ADMINISTRATION  MAY  BE  ADAPTED  AND  FITTED  BY  AN
OPHTHALMIC  DISPENSER  ONLY  ON  A  WRITTEN PRESCRIPTION FROM A LICENSED
PHYSICIAN OR OPTOMETRIST AND ONLY IF A LICENSED PHYSICIAN OR OPTOMETRIST
IS IN PERSONAL ATTENDANCE AT THE PLACE WHERE THE  ADAPTING  AND  FITTING
OCCURS.  REPLACEMENT OR DUPLICATION OF SUCH LENSES SHALL ONLY BE ADAPTED
AND FITTED WITH A PRESCRIPTION.
  S 4. This act shall take effect only upon the approval by the  federal
food  and  drug  administration of a vision corrective or non-corrective
contact lens that contains a pharmaceutical  agent;  provided  that  the
commissioner  of  health  shall  notify  the  legislative  bill drafting
commission upon the occurrence of the approval of the federal  food  and
drug  administration  of  a  vision corrective or non-corrective contact
lens that contains a pharmaceutical agent provided for in  sections  two
and three of this act in order that the commission may maintain an accu-
rate  and timely effective data base of the official text of the laws of
the state of New York in furtherance of effectuating the  provisions  of
section  44  of the legislative law and section 70-b of the public offi-
cers law.