Senate Bill S975A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to higher education
Feb 11, 2013	print number 975a
Feb 11, 2013	amend and recommit to higher education
Jan 09, 2013	referred to higher education

Bill Amendments

Original

A (Active)

co-Sponsors

2013-S975 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§7101-a & 7106, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S3027

2013-S975 - 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.

2013-S975 - 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.

2013-S975 - Bill Text download pdf

                            
                    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.

co-Sponsors

View additional co-sponsors

2013-S975A (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§7101-a & 7106, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S3027

2013-S975A (ACTIVE) - Summary

2013-S975A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S975A

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 ther-
apeutic 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 chap-
ter 517 of the laws of 1995, by amending subparagraph (v) and adding a
new subparagraph (vi) to authorize the commissioner of health to recom-
mend 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 2 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 1 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 pharmaceu-
tical 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 educa-
tion 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, 2013, 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 treat-
ment or prevention of ocular disease. By law, such certified optome-
trists are required to be held to the seine standard of care in diagno-
sis, 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 tempo-
rary 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 Commis-
sioner 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 and 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 opto-
metrists (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 wheth-
er 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 SUM, College of Optometry and optome-
tric schools across the country are required to be thoroughly educated
and trained in the prescription and use of these medications-The enact-
ment of this legislation will provide New Yorkers access to the most
effective and appropriate medications that are necessary in the treat-
ment 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 S.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 regu-
lation necessary for the timely implementation of this act on its effec-
tive date shall be promulgated on or before such effective date

2013-S975A (ACTIVE) - Bill Text download pdf

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

                                 975--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. LIBOUS, ESPAILLAT -- read twice and ordered printed,
  and  when printed to be committed to the Committee on Higher Education
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03208-03-3

S. 975--A                           2

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  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 PHASE THREE THERAPEUTIC PHARMACEUTICAL
AGENTS, AN OPTOMETRIST MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC PHARMA-
CEUTICAL  AGENTS  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, OR PHASE THREE 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  pharmacology,  AT  LEAST  SIX HOURS OF WHICH SHALL
RELATE SPECIFICALLY TO  SYSTEMIC  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

S. 975--A                           3

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:
  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 FIFTEEN, 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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