S T A T E   O F   N E W   Y O R K
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                                 7440--A

                            I N  S E N A T E

                               May 2, 2016
                               ___________

Introduced   by  Sens.  FUNKE,  ADDABBO,  ESPAILLAT,  GALLIVAN,  LITTLE,
  MARCHIONE, O'MARA, ORTT, RITCHIE, SERINO, SEWARD,  VALESKY,  YOUNG  --
  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 commit-
  tee

AN ACT to amend the education law, in relation to the use of oral  medi-
  cations  by  optometrists;  and  providing  for  the repeal of certain
  provisions upon expiration thereof

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

  Section  1.  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
to read as follows:
  (e) [Phase one] TOPICAL therapeutic pharmaceutical agents. [Phase one]
TOPICAL  THERAPEUTIC  pharmaceutical agents shall mean those drugs which
shall be limited to topical application to the surface of  the  eye  for
therapeutic purposes and shall be limited to:
  (i) antibiotic/antimicrobials;
  (ii) decongestants/anti-allergenics;
  (iii) non-steroidal anti-inflammatory agents;
  (iv) steroidal anti-inflammatory agents;
  (v) antiviral agents;
  (vi) hyperosmotic/hypertonic agents;
  (vii) cycloplegics;
  (viii) artificial tears and lubricants; AND
  (IX) IMMUNOSUPPRESSIVE AGENTS.
  S 2. Paragraph (f) of subdivision 1 of section 7101-a of the education
law,  as added by chapter 517 of the laws of 1995, is amended to read as
follows:
  (f) [Phase two  therapeutic]  THERAPEUTIC  pharmaceutical  agents  FOR
TREATMENT  OF GLAUCOMA AND OCULAR HYPERTENSION.  [Phase two] THERAPEUTIC
pharmaceutical agents FOR TREATMENT OF GLAUCOMA AND OCULAR  HYPERTENSION
shall  mean those drugs which shall be limited to topical application to
the surface of the eye and shall be limited to:
  (i) beta blockers;
  (ii) alpha agonists;
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15035-09-6

S. 7440--A                          2

  (iii) direct acting cholinergic agents;
  (IV) PROSTAGLANDIN ANALOGS; AND
  (V) CARBONIC ANHYDRASE INHIBITORS.
  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) ORAL THERAPEUTIC PHARMACEUTICAL AGENTS. ORAL  THERAPEUTIC  PHARMA-
CEUTICAL  AGENTS  SHALL  MEAN  THOSE  ORALLY ADMINISTERED DRUGS USED FOR
THERAPEUTIC PURPOSES SOLELY FOR THE TREATMENT OF DISEASES OF THE EYE AND
ADNEXA AND SHALL BE LIMITED TO:
  (I) THE FOLLOWING ANTIBIOTICS, INCLUDING, WHERE APPLICABLE, THE GENER-
IC EQUIVALENT OF ANY OF THE LISTED DRUGS:
  (1) AUGMENTIN;
  (2) KEFLEX;
  (3) AZITHROMYCIN;
  (4) BACTRIM;
  (5) DOXYCYCLINE; AND
  (6) TETRACYCLINE;
  (II)   THE   FOLLOWING   DECONGESTANTS/ANTI-ALLERGENIC/ANTIHISTAMINES,
INCLUDING THE GENERIC EQUIVALENTS OF THE LISTED DRUGS:
  (1) CLARINEX;
  (2) XYZAL; AND
  (3) SINGULAIR;
  (III)  THE FOLLOWING ANTIGLAUCOMA AGENTS, INCLUDING THE GENERIC EQUIV-
ALENTS OF SUCH AGENTS, USED FOR THE MANAGEMENT  OF  ACUTE  INCREASES  IN
INTRAOCULAR  PRESSURE;  PROVIDED,  HOWEVER,  AN  OPTOMETRIST  MAY USE OR
PRESCRIBE A MAXIMUM OF ONE TWENTY-FOUR HOUR PRESCRIPTION AND SHALL IMME-
DIATELY REFER THE  PATIENT  TO  A  LICENSED  PHYSICIAN  SPECIALIZING  IN
DISEASES OF THE EYE:
  (1) DIAMOX; AND
  (2) NEPTAZANE;
  (IV)  THE  FOLLOWING  ANTIVIRAL AGENTS FOR HERPES ZOSTER OPHTHALMICUS;
PROVIDED AN OPTOMETRIST SHALL USE OR  PRESCRIBE  IN  MAXIMUM,  SEVEN-DAY
PRESCRIPTIONS;  PROVIDED, HOWEVER, IF A PATIENT IS DIAGNOSED WITH HERPES
ZOSTER OPHTHALMICUS AND HAS NOT ALREADY BEEN EXAMINED BY A PRIMARY  CARE
PHYSICIAN  OR  OTHER  APPROPRIATE PHYSICIAN FOR SUCH VIRAL CONDITION, AN
OPTOMETRIST SHALL REFER THE PATIENT TO A LICENSED  PRIMARY  CARE  PHYSI-
CIAN,  LICENSED  PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE, OR OTHER
APPROPRIATE PHYSICIAN WITHIN THREE DAYS OF SUCH DIAGNOSIS:
  (1) VALACYCLOVIR; AND
  (2) ACYCLOVIR; AND
  (V) THE FOLLOWING NON-STEROIDAL ANTI-INFLAMMATORY AGENTS:
  (1) COX-2 INHIBITORS;
  (2) IBUPROFEN; AND
  (3) NAPROXEN.
  S 4. The subdivision heading and paragraph (a)  of  subdivision  4  of
section 7101-a of the education law, as added by chapter 517 of the laws
of 1995, is amended to read as follows:
  [Phase  one]  TOPICAL  therapeutic  pharmaceutical  agents. (a) Before
using or prescribing  [phase  one]  TOPICAL  therapeutic  pharmaceutical
agents,  each  optometrist  shall  have completed at least three hundred
hours of clinical training in the diagnosis, treatment and management of
patients with ocular disease other than glaucoma  and  ocular  hyperten-
sion,  not fewer than twenty-five hours of such training shall have been
completed subsequent to June thirtieth,  nineteen  hundred  ninety-three
and  additionally  shall  either  have taken and successfully passed the
treatment and management of ocular  diseases  portion  of  the  National

S. 7440--A                          3

Board  of  Examiners  in  Optometry  test or have taken and successfully
passed an examination acceptable to the board.
  S 5. Paragraph (b) of subdivision 4 of section 7101-a of the education
law,  as added by chapter 517 of the laws of 1995, is amended to read as
follows:
  (b) Before using or prescribing [phase two] therapeutic pharmaceutical
agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION, an optometrist
must be certified for diagnostic and  [phase  one]  TOPICAL  therapeutic
agents  and  have  completed an additional one hundred hours of clinical
training in the diagnosis, treatment and  management  of  patients  with
glaucoma  and  ocular  hypertension, not fewer than twenty-five hours of
such training shall have been completed subsequent to July first,  nine-
teen  hundred  ninety-four, and shall have taken and successfully passed
an oral or written examination acceptable by the board.
  S 6. 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  THERAPEUTIC  PHARMACEUTICAL
AGENTS, AN OPTOMETRIST MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC PHARMA-
CEUTICAL  AGENTS  AND TOPICAL THERAPEUTIC AND THERAPEUTIC PHARMACEUTICAL
AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION, HAVE COMPLETED
AN ORAL THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE  AND  HAVE
PASSED  AN  EXAMINATION,  WITH A CURRICULUM AND EXAMINATION DEVELOPED BY
ACADEMIC FACULTY REPRESENTATIVES APPROVED BY THE DEPARTMENT FROM  A  NEW
YORK  STATE  ACCREDITED  COLLEGE  OF  OPTOMETRY,  FROM  A  DEPARTMENT OF
OPHTHALMOLOGY AT A NEW YORK STATE ACCREDITED  MEDICAL  SCHOOL  UPON  THE
RECOMMENDATION  OF  A  STATEWIDE PROFESSIONAL ORGANIZATION CONSISTING OF
OPHTHALMOLOGISTS, AND FROM A DEPARTMENT OF PHARMACOLOGY AT  A  NEW  YORK
STATE ACCREDITED MEDICAL SCHOOL.
  (I)  THE  CURRICULUM SHALL INCLUDE, BUT NOT BE LIMITED TO, INSTRUCTION
IN PHARMACOLOGY AND DRUG INTERACTION IN TREATING OCULAR DISEASE  AND  BE
TAUGHT  THROUGH  CLINICAL CASE SCENARIOS AND EMPHASIZE CLINICAL DECISION
MAKING AND SHALL BE NO LESS THAN FORTY HOURS,  OF  WHICH  NO  LESS  THAN
TWENTY-FOUR HOURS SHALL BE LIVE INSTRUCTION.
  (II)  SUCH  COURSE SHALL QUALIFY TOWARDS MEETING THE CONTINUING EDUCA-
TION PER TRIENNIAL  REGISTRATION  REQUIREMENT  PURSUANT  TO  SUBDIVISION
SEVEN OF THIS SECTION.
  (III)  THE  EXAMINATION  SHALL  TEST THE KNOWLEDGE OF MATERIALS IN THE
CURRICULUM.
  (IV) IF AN OPTOMETRIST FAILS TO PASS THE EXAMINATION, SUCH OPTOMETRIST
MAY RETAKE THE EXAMINATION FOLLOWING  COMPLETION  OF  THE  CERTIFICATION
COURSE,  AND  MAY  RETAKE  THE  EXAMINATION  A MAXIMUM OF TWO ADDITIONAL
TIMES, PROVIDED THAT AN OPTOMETRIST MAY  BE  AUTHORIZED  TO  RETAKE  THE
EXAMINATION  BEYOND  SUCH MAXIMUM NUMBER UPON APPLICATION BY THE OPTOME-
TRIST AND A DETERMINATION OF GOOD CAUSE SHOWN BY THE COMMISSIONER.
  (V) THE INITIAL, AND ANY SUBSEQUENT, CURRICULUM AND EXAMINATION  SHALL
BE SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT.
  (VI)  THE  REQUIREMENT  FOR  THE ORAL THERAPEUTIC PHARMACEUTICAL AGENT
CERTIFICATION COURSE AND EXAMINATION SHALL NOT APPLY  TO  THOSE  OPTOME-
TRISTS  WHO GRADUATED FROM AN ACCREDITED COLLEGE OF OPTOMETRY SUBSEQUENT
TO JANUARY FIRST, TWO THOUSAND  SIX  AND  HAVE  TAKEN  AND  SUCCESSFULLY
PASSED  THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY TEST OR AN EXAMINA-
TION ACCEPTABLE TO THE BOARD.
  S 7. 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:

S. 7440--A                          4

  5. Suspension of  certification.  The  department  shall  suspend  the
certification  for the use and prescribing of [phase one] TOPICAL thera-
peutic agents of any optometrist who fails to receive certification  for
[phase  two] therapeutic pharmaceutical agents FOR TREATMENT OF GLAUCOMA
AND  OCULAR HYPERTENSION within three years of having been certified for
[phase one] TOPICAL therapeutic pharmaceutical agents.
  S 8. The subdivision heading of subdivision 6 of section 7101-a of the
education law, as added by chapter 517 of the laws of 1995,  is  amended
to read as follows:
  Consultation  WITH  USE  OF CERTAIN TOPICAL THERAPEUTIC PHARMACEUTICAL
AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION.
  S 9. 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] TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS AND therapeutic
pharmaceutical agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION,
shall complete a minimum of thirty-six hours of continuing education  IN
THE  AREA  OF OCULAR DISEASE AND PHARMACOLOGY per triennial registration
period. [The education shall be in the area of ocular disease and  phar-
macology  and  may  include both didactic and clinical components.] EACH
OPTOMETRIST CERTIFIED TO  USE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS
SHALL,  IN ADDITION TO THE MINIMUM THIRTY-SIX HOURS OF CONTINUING EDUCA-
TION PROVIDED FOR IN THIS SUBDIVISION, COMPLETE AN ADDITIONAL MINIMUM OF
THIRTY-NINE HOURS OF CONTINUING EDUCATION RELATED  TO  SYSTEMIC  DISEASE
AND THERAPEUTIC TREATMENT PER TRIENNIAL REGISTRATION PERIOD. Such educa-
tional  programs  MAY  INCLUDE BOTH DIDACTIC AND CLINICAL COMPONENTS AND
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 10. The subdivision heading and subparagraph (i) of paragraph (a) of
subdivision  8 of section 7101-a of the education law, as added by chap-
ter 517 of the laws of 1995, are amended to read as follows:
  Notice to patient WITH THE USE OR PRESCRIPTION OF TOPICAL  THERAPEUTIC
PHARMACEUTICAL  AGENTS  AND THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREAT-
MENT OF GLAUCOMA AND OCULAR HYPERTENSION.
  (i) An optometrist prescribing TOPICAL steroids or  antiviral  medica-
tion  shall inform each patient that in the event the condition does not
improve within five days, a physician of the patient's  choice  will  be
notified.
  S  11. Subdivision 10 of section 7101-a of the education law, as added
by chapter 517 of the laws of 1995, is amended to read as follows:
  10. Pharmaceutical agents. Optometrists who  have  been  approved  and
certified  by  the  department  shall  be permitted to use the following
drugs:
  (a) Diagnostic pharmaceuticals.
  (b) Those optometrists having been certified for [phase  one]  TOPICAL
therapeutic  pharmaceutical  agents  shall be authorized [(i) to use and
recommend all nonprescription medications appropriate for ocular disease
whether intended for topical or oral use; and (ii)] to use and prescribe
all [phase one] TOPICAL therapeutic pharmaceutical agents  SPECIFIED  IN
PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION, which are FDA approved
and commercially available FOR TOPICAL USE.
  In the event an optometrist treats a patient with topical antiviral or
steroidal  drugs  and the patient's condition either fails to improve or

S. 7440--A                          5

worsens within five days,  the  optometrist  shall  notify  a  physician
designated by the patient or, if none, by the treating optometrist.
  (c) Those optometrists having been certified for [phase two] therapeu-
tic pharmaceutical agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTEN-
SION  shall  be  authorized to use and prescribe [phase two] therapeutic
pharmaceutical agents FOR TREATMENT OF GLAUCOMA AND OCULAR  HYPERTENSION
SPECIFIED IN PARAGRAPH (F) OF SUBDIVISION ONE OF THIS SECTION, which are
FDA approved and commercially available.
  (D)  THOSE  OPTOMETRISTS  HAVING  BEEN  CERTIFIED FOR ORAL THERAPEUTIC
PHARMACEUTICAL AGENTS SHALL BE AUTHORIZED  TO  USE  AND  PRESCRIBE  ORAL
THERAPEUTIC PHARMACEUTICAL AGENTS SPECIFIED IN PARAGRAPH (G) OF SUBDIVI-
SION ONE OF THIS SECTION, WHICH ARE FDA APPROVED AND COMMERCIALLY AVAIL-
ABLE  AND  SHALL  COMPLY WITH ALL SAFETY INFORMATION AND SIDE-EFFECT AND
WARNING ADVISORIES CONTAINED IN THE MOST CURRENT PHYSICIANS' DESK REFER-
ENCE.
  (E) THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR  TOPICAL  THERAPEUTIC
PHARMACEUTICAL  AGENTS,  THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREATMENT
OF GLAUCOMA AND OCULAR HYPERTENSION OR ORAL  THERAPEUTIC  PHARMACEUTICAL
AGENTS  SHALL  BE  AUTHORIZED  TO  USE AND RECOMMEND ALL NONPRESCRIPTION
MEDICATIONS, WHETHER INTENDED FOR TOPICAL OR ORAL USE,  APPROPRIATE  FOR
THE TREATMENT OF THE EYE AND ADNEXA.
  S  12.  Section 7101-a of the education law is amended by adding a new
subdivision 13 to read as follows:
  13. ORAL THERAPEUTIC PHARMACEUTICAL AGENT IMPLEMENTATION  REVIEW.  (A)
EACH OPTOMETRIST CERTIFIED TO USE ORAL THERAPEUTIC PHARMACEUTICAL AGENTS
PURSUANT  TO  PARAGRAPH  (C)  OF  SUBDIVISION FOUR OF THIS SECTION SHALL
PROVIDE THE DEPARTMENT WITH INFORMATION, ON A  FORM  PRESCRIBED  BY  THE
COMMISSIONER,  RELATED  TO  THE  PRESCRIPTION OR USE OF ORAL THERAPEUTIC
PHARMACEUTICAL AGENTS PROVIDED FOR IN THIS SECTION.    SUCH  INFORMATION
SHALL  INCLUDE  THE  OPTOMETRIST'S NAME, LICENSE NUMBER, WHETHER NO ORAL
PRESCRIPTIONS HAVE BEEN ISSUED AND IN THE EVENT THAT ORAL  PRESCRIPTIONS
HAVE BEEN ISSUED, THEN THE FOLLOWING INFORMATION SHALL BE REQUIRED:  THE
PRESCRIBED  OR USED ORAL THERAPEUTIC PHARMACEUTICAL AGENT, THE DOSAGE OF
SUCH AGENT, THE DATE OF THE PRESCRIPTION, THE DIAGNOSIS OF  THE  PATIENT
FOR  WHICH  THE AGENT WAS PRESCRIBED OR USED, AND WHETHER A REFERRAL WAS
MADE IN ACCORDANCE  WITH  PARAGRAPH  (G)  OF  SUBDIVISION  ONE  OF  THIS
SECTION.    SUCH  INFORMATION  SHALL NOT INCLUDE ANY PATIENT IDENTIFYING
INFORMATION AND MUST OTHERWISE BE  IN  COMPLIANCE  WITH  ALL  STATE  AND
FEDERAL  REQUIREMENTS RELATED TO PROTECTED HEALTH INFORMATION. EACH FORM
SHALL BE SUBMITTED BY MAIL OR ELECTRONIC MEANS TO THE  DEPARTMENT  ON  A
QUARTERLY  BASIS.   IF A DATABASE OF ALL ORAL THERAPEUTIC PHARMACEUTICAL
AGENTS PRESCRIBED OR USED BY OPTOMETRISTS IS, OR BECOMES,  AVAILABLE  TO
THE  COMMITTEE  PROVIDED FOR IN THIS SUBDIVISION, THEN OPTOMETRISTS WILL
BE ADVISED BY THE COMMISSIONER THAT QUARTERLY REPORTING  FORMS  WILL  NO
LONGER  BE REQUIRED.  THE REQUIREMENTS OF THIS PARAGRAPH SHALL REMAIN IN
EFFECT FOR FIVE YEARS  FOLLOWING  APPROVAL  BY  THE  DEPARTMENT  OF  THE
INITIAL  ORAL  THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE AND
EXAMINATION PURSUANT TO  PARAGRAPH  (C)  OF  SUBDIVISION  FOUR  OF  THIS
SECTION,  AFTER WHICH TIME THESE REQUIREMENTS SHALL EXPIRE AND NO LONGER
HAVE EFFECT.
  (B) THE COMMISSIONER SHALL APPOINT A COMMITTEE TO  ADVISE  AND  ASSIST
THE  COMMISSIONER  IN  EVALUATING COMPLIANCE WITH THE PROVISIONS OF THIS
SECTION AND TO IDENTIFY ANY NECESSARY  ENHANCEMENTS  TO  THE  CURRICULUM
PROVIDED  FOR  IN  THIS  SECTION  AND OTHER EDUCATIONAL MATERIALS AND TO
ASSIST IN ENSURING PATIENT SAFETY. THE COMMITTEE SHALL  CONSIST  OF  ONE
PHARMACIST,  ONE  OPTOMETRIST  UPON  THE  RECOMMENDATION  OF A STATEWIDE

S. 7440--A                          6

PROFESSIONAL ORGANIZATION CONSISTING OF OPTOMETRISTS,  ONE  OPHTHALMOLO-
GIST  UPON  THE  RECOMMENDATION OF A STATEWIDE PROFESSIONAL ORGANIZATION
CONSISTING OF OPHTHALMOLOGISTS, AND ONE EXPERT IN THE  FIELD  OF  PUBLIC
HEALTH WHO SHALL BE DESIGNATED AS CHAIR BY THE COMMISSIONER IN CONSULTA-
TION  WITH THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND WHO SHALL BE
NEITHER AN OPHTHALMOLOGIST NOR AN OPTOMETRIST.
  (C) THE COMMISSIONER SHALL SUBMIT EACH FORM RECEIVED PURSUANT TO  THIS
SUBDIVISION  TO THE COMMITTEE.  THE COMMITTEE SHALL REVIEW THE FORMS AND
SHALL RANDOMLY CROSS-CHECK SUCH SUBMISSIONS WITH A PUBLICLY AVAILABLE OR
OTHER DATABASE CONTAINING ELECTRONIC PRESCRIBER  INFORMATION.  SHOULD  A
DATABASE  OF  ALL  ORAL  THERAPEUTIC PHARMACEUTICAL AGENTS PRESCRIBED OR
USED BY OPTOMETRISTS BECOME AVAILABLE PURSUANT TO THIS SECTION, AND  THE
COMMISSIONER  DETERMINES AND ADVISES OPTOMETRISTS THAT QUARTERLY REPORTS
ARE NO LONGER NECESSARY, THEN THE COMMITTEE SHALL  REVIEW  THE  DATABASE
AND  ASCERTAIN THE PRESCRIBING INFORMATION FOR ALL OPTOMETRISTS CONSIST-
ENT WITH THIS SECTION.  THE COMMITTEE SHALL ADVISE THE  COMMISSIONER  AS
TO  COMPLIANCE  WITH  THE  PROVISIONS OF THIS SECTION FOR THE PURPOSE OF
EVALUATING COMPLIANCE WITH THE PROVISIONS OF THIS SECTION INCLUDING  THE
APPLICABLE  REFERRALS  AND DOSING LIMITATIONS AND TO IDENTIFY ANY NECES-
SARY ENHANCEMENTS TO THE CURRICULUM PROVIDED FOR  IN  THIS  SECTION  AND
OTHER  EDUCATIONAL  MATERIALS  AND TO ASSIST IN ENSURING PATIENT SAFETY.
UPON FINDING EVIDENCE OF NON-COMPLIANCE BY ANY OPTOMETRIST, THE  COMMIT-
TEE  SHALL  REFER SUCH INFORMATION TO THE COMMISSIONER AND TO THE OFFICE
OF  PROFESSIONS  FOR  INVESTIGATION  AND,  IF  APPLICABLE,  DISCIPLINARY
ACTION.
  S  13.  Subdivision 8 of section 7104 of the education law, as amended
by chapter 517 of the laws of 1995, is amended to read as follows:
  (8) Fees: pay a fee of two hundred twenty dollars  to  the  department
for  admission  to a department conducted examination and for an initial
license, a fee of one hundred fifteen dollars for each reexamination,  a
fee  of  one  hundred  thirty-five  dollars  for  an initial license for
persons not requiring admission to a department  conducted  examination,
[and]  a  fee of two hundred ten dollars for each triennial registration
period, [and] for additional authorization for the purpose of  utilizing
diagnostic  pharmaceutical  agents,  a  fee  of  sixty  dollars, AND FOR
CERTIFICATION  TO  USE  OR  PRESCRIBE  ORAL  THERAPEUTIC  PHARMACEUTICAL
AGENTS, A FEE OF ONE HUNDRED DOLLARS.
  S 14. This act shall take effect one year after it shall have become a
law; provided that:
  (a)  subdivision  13  of  section 7101-a of the education law added by
section twelve of this act shall expire  and  be  deemed  repealed  five
years  following  the  approval  by  the  department of education of the
initial certification course and examination pursuant to  paragraph  (c)
of  subdivision  4  of  section  7101-a of the education law as added by
section six of this act;
  (b) the commissioner of education shall notify  the  legislative  bill
drafting  commission  upon  approval of the initial certification course
and examination required in section six of this act in  order  that  the
commission  may  maintain  an accurate 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 officers law; and
  (c)  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.