S T A T E O F N E W Y O R K
________________________________________________________________________
4801
2009-2010 Regular Sessions
I N A S S E M B L Y
February 6, 2009
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Higher Education
AN ACT in relation to authorizing and directing the state education
department to re-evaluate the use of therapeutic drugs in optometric
practice
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that since
1995, optometrists certified as having met certain standards of training
and experience set forth in law have been authorized to use, and in some
cases prescribe, topically applied therapeutic pharmaceutical agents for
the treatment or prevention of ocular disease. Chapter 517 of the laws
of 1995 included language providing for a short-term review of the law
to determine whether such authorization was in the public interest, and
a report based on that directive was issued in 1997. However, no review
of the law has been undertaken since then.
There are a number of concerns regarding the current law permitting
certified optometrists to prescribe drugs, and about whether it ensures
patient safety. These concerns include optometrists who lack the legally
mandated qualifications to write prescriptions; the prescription of
controlled substances by optometrists; the prescription of oral medica-
tions by optometrists; and the prescription of pharmaceutical agents
intended for conditions unrelated to the eye by optometrists. If these
concerns are valid, then there may be a need for the state to take steps
to address the problems, such as instituting additional safeguards at
the pharmacy level to insure that medications are being prescribed in
accordance with the practitioners' legal prescribing authority.
In the interest of patient safety and to ensure the quality of care
that the residents of New York state receive, the legislature finds that
a further evaluation of the use of therapeutic drugs in optometric prac-
tice as currently permitted by law is appropriate and necessary.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08497-01-9
A. 4801 2
S 2. (a) The legislature therefore directs the commissioner of educa-
tion, in conjunction with the commissioner of health, to study and eval-
uate the use of therapeutic pharmaceutical agents in optometric practice
as currently authorized by section 7101-a of the education law. Such
inquiry shall include an analysis of prescriptions of pharmaceutical
agents by optometrists, and shall specifically consider (1) whether
optometrists who have written prescriptions possess the legally required
qualifications to prescribe those drugs; (2) whether this authorization
has been inappropriately used by optometrists to prescribe controlled
substances or medications not within their legally mandated scope of
practice; and (3) whether this authorization has been improperly used by
optometrists to prescribe pharmaceutical agents intended for conditions
unrelated to the eye.
If the commissioner of education finds that any of the foregoing ille-
gal practices are regularly occurring, the commissioner shall make
recommendations to ensure that medications are being prescribed in
accordance with the practitioner's legal prescribing authority, includ-
ing, but not limited to, implementing additional safeguards at the phar-
macy level.
(b) Nothing in this section shall prohibit the commissioner of educa-
tion upon learning of a violation of section 7101-a of the education law
or any other section of law, to take such actions as are appropriate to
remedy such violation including, but not limited to, referring such
violation to the proper enforcement authority.
(c) The commissioner of education shall submit a report of findings
and recommendations to the governor and the legislature within one year
of the effective date of this act.
S 3. This act shall take effect immediately.