Assembly Bill A10209

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10209
 
                           I N  A S S E M B L Y
 
                              March 26, 2018
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT  to  amend  the  education law, in relation to the delegation of
   certain professional  responsibilities  for  instilling  mydriatic  or
   cycloplegic eye drops
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 25 of section 6530 of  the  education  law,  as
 added by chapter 606 of the laws of 1991, is amended to read as follows:
   25.  A.  Delegating professional responsibilities to a person when the
 licensee delegating such responsibilities knows or has  reason  to  know
 that  such  person  is  not qualified, by training, by experience, or by
 licensure, to perform them[;].
   B. A PERSON  SHALL  BE  DEEMED  QUALIFIED  TO  ASSIST  A  PROFESSIONAL
 LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF THIS TITLE IN THE
 CARE OF A PATIENT FOR THE PURPOSE OF INSTILLING MYDRIATIC OR CYCLOPLEGIC
 EYE DROPS (HEREINAFTER "DILATING EYE DROPS") AND ANESTHETIC EYE DROPS IN
 CONJUNCTION  WITH  SUCH  DILATING  DROPS  TO THE SURFACE OF THE EYE OF A
 PATIENT, PROVIDED THAT THE PERSON INSTILLING SUCH DILATING EYE DROPS AND
 ANESTHETIC EYE DROPS IS SUPERVISED BY A PROFESSIONAL  LICENSED  PURSUANT
 TO  SUCH  ARTICLE ONE HUNDRED THIRTY-ONE AND SUCH PERSON IS OVER THE AGE
 OF EIGHTEEN, COMPLETES A CURRICULUM AND EXAMINATION  DEMONSTRATING  THAT
 SUCH  PERSON  HAS THE REQUISITE EXPERIENCE TO INSTILL DILATING EYE DROPS
 AND ANESTHETIC EYE DROPS USED IN  CONJUNCTION  WITH  SUCH  DILATING  EYE
 DROPS  TO  THE  SURFACE  OF  THE  EYE SATISFACTORY TO THE DEPARTMENT AND
 REGISTERS WITH THE DEPARTMENT AFTER PAYING THE REQUISITE FEE IN  ACCORD-
 ANCE WITH THE COMMISSIONER'S REGULATIONS;
   §  2.  Section  7106  of  the education law is amended by adding a new
 subdivision 4 to read as follows:
   4. NOTWITHSTANDING SUBDIVISION SEVEN  OF  SECTION  SIX  THOUSAND  FIVE
 HUNDRED NINE OF THIS TITLE, A LICENSED OPTOMETRIST MAY DELEGATE THE CARE
 OF A  PATIENT FOR THE SPECIFIC PURPOSE OF INSTILLING MYDRIATIC OR CYCLO-
 PLEGIC  EYE  DROPS (HEREINAFTER "DILATING EYE DROPS") AND ANESTHETIC EYE
 DROPS USED IN CONJUNCTION WITH SUCH DILATING EYE DROPS TO THE SURFACE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14194-04-8

 A. 10209                            2
 
 THE EYE OF A PATIENT, PROVIDED THAT THE PERSON INSTILLING SUCH  DILATING
 EYE DROPS AND ANESTHETIC EYE DROPS IS DEEMED QUALIFIED TO ASSIST, AND IS
 SUPERVISED BY A LICENSED OPTOMETRIST. A PERSON SHALL BE DEEMED QUALIFIED
 FOR  PURPOSES  OF  THIS  SUBDIVISION  AND SHALL BE PERMITTED TO ASSIST A
 LICENSED OPTOMETRIST FOR THE PURPOSE OF INSTILLING  DILATING  EYE  DROPS
 AND  ANESTHETIC  EYE  DROPS  USED  IN CONJUNCTION WITH SUCH DILATING EYE
 DROPS ONLY IF SUCH PERSON IS OVER  THE  AGE  OF  EIGHTEEN,  COMPLETES  A
 CURRICULUM  AND  EXAMINATION  DEMONSTRATING  THE REQUISITE EXPERIENCE TO
 INSTILL DILATING EYE DROPS AND ANESTHETIC EYE DROPS USED IN  CONJUNCTION
 WITH  SUCH  DILATING EYE DROPS TO THE SURFACE OF THE EYE SATISFACTORY TO
 THE DEPARTMENT AND REGISTERS WITH THE DEPARTMENT AFTER PAYING THE REQUI-
 SITE FEE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which it shall have become a law; provided, however,
 that the department of education is authorized and  directed,  prior  to
 such  effective  date, to promulgate such rules or regulations as may be
 necessary for the timely implementation of this act.