NY State Senate Bill 2019-S4035

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 15, 2020	print number 4035a
Jul 15, 2020	amend and recommit to higher education
Jan 08, 2020	referred to higher education returned to senate died in assembly
May 30, 2019	referred to higher education delivered to assembly passed senate
May 29, 2019	advanced to third reading
May 22, 2019	2nd report cal.
May 21, 2019	1st report cal.827
Feb 26, 2019	referred to higher education

Votes

- May 30, 2019 - Floor Vote
  S4035
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 30, 2019
      
      aye (58)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      excused (4)
      
      Funke
      
      Kavanagh
      
      LaValle
      
      Sepúlveda
  May 21, 2019 - Higher Education Committee Vote
  S4035
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Higher Education Committee Vote: May 21, 2019
      
      aye (10)
      
      Amedore
      
      Breslin
      
      Gaughran
      
      Gounardes
      
      Jackson
      
      LaValle
      
      May
      
      Robach
      
      Serrano
      
      Stavisky
      
      aye wr (1)
      
      Seward

Bill Amendments

Original

A (Active)

co-Sponsors

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2019-S4035 - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§7101-a & 7104, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7440
2017-2018: S5235
2021-2022: S1519

2019-S4035 - Summary

Requires optometrists to meet certain standards, including the completion of a course, to prescribe oral medications.

2019-S4035 - Sponsor Memo

                                
 
BILL NUMBER: S4035                      REVISED 04/18/19

SPONSOR: BAILEY
 
TITLE OF BILL:  An act to amend the education law, in relation to the
use of oral medications by optometrists; and providing for the repeal of
certain provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize licensed optometrists who receive certification to
prescribe certain oral medications.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections one and two amend paragraphs (e) and (f) of subdivision 1 of
section 7101-a of the education law, as added by chapter 517 of the laws
of 1995, to clarify the use of certain topical therapeutic pharmaceu-
tical agents which are already authorized for use by optometrists and
are the standard of care in the treatment of patients for certain eye
conditions.

Section three amends subdivision 1 of section 7101-a of the education
law by adding a new paragraph (g) that sets forth the list of specific
oral therapeutic pharmaceutical agents, including the generic equiv-
alents of the listed drugs as provided, that optometrists, once certi-
fied, will be authorized to prescribe and the conditions and limitations
on the use of some drugs, including the referral of patients to licensed
physicians as provided and the duration of certain prescriptions.

Sections four and five amend paragraphs (a) and (b) of subdivision 4 of
section 7101-a of the education law, as added by chapter 517 of the laws
of 1995, to replace the terms "phase one" and "phase two" with more
descriptive terms related to the types of pharmaceutical agents optome-
trists are authorized to use. These amendments are made throughout the
bill.

Section six amends subdivision 4 of section 7101-a of the education law
by re-lettering paragraphs (c) and (d) of said subdivision paragraphs
(d) and (e), and by adding a new paragraph (c). Paragraph (c) provides
that in order for an optometrist to be authorized to prescribe oral
medications, such optometrist must be certified to prescribe diagnostic
pharmaceutical agents and topical therapeutic and therapeutic pharmaceu-
tical agents for the treatment of glaucoma and ocular hypertension, have
completed a forty-hour oral therapeutic pharmaceutical agent certif-
ication course and have passed an examination acceptable to the state
board of optometry. The course curriculum shall include instruction in
pharmacology and drug interaction in treating ocular disease and shall
be taught through clinical case scenarios and emphasize clinical deci-
sion-making.  Optometrists must pass the examination within five years
of the department's approval of the initial certification course or the
initial examination, whichever is later.Optometrists would be required
to retake and complete the certification course if they fail to pass the
examination after three attempts, and then retake the examination.
Further, optometrists may be authorized to retake the examination and to
become certified beyond the five year timeframe upon application by the
optometrist and a determination of good cause shown by the commissioner.

The initial, and any subsequent, curriculum and examination shall be
subject to review and approval by SED. Optometrists who graduated from
an accredited college of optometry after January 1, 2007 and have passed
the National Board of Examiners in Optometry or another examination will
be eligible for certification and will not be required to complete the
course or pass the examination.

Section seven amends subdivision 5 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, to specify that the
suspension of certification for the use of topical therapeutic agents
applies to an optometrist who fails to receive certification for thera-
peutic pharmaceutical agents for treatment of glaucoma and ocular hyper-
tension.

Section eight amends the subdivision heading of subdivision 6 of section
7101-a of the education law, as added by chapter 517 of the laws of
1995.

Section nine amends subdivision 7 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, to require optome-
trists certified to use oral therapeutic pharmaceutical agents to
complete an additional minimum of thirty-nine hours of continuing educa-
tion related to systemic disease and therapeutic treatment, in addition
to the minimum thirty-six hours of continuing education requirement, per
triennial registration period.

Section ten amends the subdivision heading and amends subparagraph (i)
of paragraph (a) of subdivision 8 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, to clarify the appli-
cability of a separate notice to patients regarding the use of certain
topical medications.

Section eleven amends subdivision 10 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, to provide that opto-
metrists certified to use and prescribe oral medications shall be
authorized to use and prescribe those oral medications that are FDA
approved and commercially available. Prescribing oral medications must
be in compliance with all safety information and side-effect and warning
advisories contained in the most current physicians' desk reference. In
addition, optometrists certified to prescribe topical and oral therapeu-
tic 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.

Section twelve amends subdivision 8 of section 7104 of the education
law, as amended by chapter 517 of the laws of 1995, to provide that
applicants for a license as an optometrist shall pay an additional fee
of two-hundred fifty dollars for certification to use or prescribe oral
therapeutic pharmaceutical agents.

Section thirteen amends the unconsolidated law to require optometrists
certified to prescribe oral therapeutic pharmaceutical agents to submit
a form to SED on a quarterly basis detailing the optometrist's license
number and national provider identifier, whether any oral prescriptions
were issued and, when used, to include information related to the dosage
of the agent, the date of the prescription, the patient's diagnosis, and
whether a referral to a physician was made, if required. The require-
ments set forth in subdivision (2) of this section shall remain in
effect from the approval by SED of the initial oral therapeutic pharma-
ceutical agent certification course and examination and shall expire
five years after such date. The Commissioner of Education will appoint a
committee comprised of one pharmacist, one representative each on behalf
of organized ophthalmology and optometry, and a public health expert who
is neither an ophthalmologist nor an optometrist, to review submitted
forms and cross-check against any available databases where
prescriptions by optometrists are recorded to determine compliance by
optometrists related to their use and prescription of oral therapeutic
pharmaceutical agents and to identify any necessary en hancements to the
curriculum provided for in this section and other educational materials
and to assist in ensuring patient safety. If evidence of non-compliance
is found, the committee shall refer such information to the Commissioner
of Education and the State Office of Professions for investigation and,
if applicable, disciplinary action. The bill affirms that the responsi-
bilities of the committee shall not limit SED's authority to review,
investigate and refer matters related to the professional conduct of a
licensed provider. If one or more databases containing electronic pres-
criber information relating to oral therapeutic pharmaceutical agents
prescribed or used by optometrists become available, and the Commission-
er of Education 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
consistent with this section.

Section fourteen provides the effective date.

 
JUSTIFICATION:

In 1995, the Legislature enacted a law authorizing a specialty certif-
ication 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 same standard of care in the diagnosis and
treatment of patients, including the use of pharmaceutical agents, as
the degree of skill and proficiency commonly exercised by a physician.

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 law. This new legislation extends the 1995 legislation another
modest step by allowing optometrists who complete additional coursework
and pass an examination to become certified to prescribe for their
patients certain oral medications for the treatment of eye disease.
  Currently,  48  states and the District of Columbia allow optometrists
to prescribe and use a range of oral pharmaceutical  agents  for  ocular
conditions.  This  law  will  put New York on a parallel path with other
states. Optometric students at SUNY College of  Optometry  are  educated
and trained in the prescription and use of these medications. The enact-
ment  of  this  legislation  will  provide optometrists the authority to
treat patients with a limited number of medications for  certain  ocular
diseases  and  will  ensure  that the prescribing optometrists are fully
prepared to fulfill this responsibility.

This bill would limit the number and types of oral medications that  may
be  prescribed,  promote  greater  coordination in care with a patient's
physician, enhance the educational and training requirements for optome-
trists, limit the duration of certain oral drugs that are authorized  to
be used, and provide additional oversight of oral prescription practices
by optometrists.
The bill would, among other provisions, require optometrists who wish to
prescribe  and  use  oral medications to take a certification course and
pass an examination approved by the Education Department. The  applicant
would  be  required  to  pass  the  examination within five years of the
department's approval of the initial certification course or the initial
examination,  whichever  is  later, but would be permitted to retake the
exam and to become certified after that timeframe upon the  Commissioner
of  Education's  determination of good cause which would include circum-
stances related to an applicant's disability, illness including episodic
and chronic and  persistent  conditions,  limited  English  proficiency,
adverse  personal circumstances, or other circumstances as determined by
the commissioner.

 
FISCAL IMPLICATION:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become  a
law;  provided that (i) the unconsolidated law added by section thirteen
of the 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 the act,
(ii) the Commissioner of Education shall  notify  the  legislative  bill
drafting  commission  upon  approval of the initial certification course
and examination required in section 6 of this act, and (iii) 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.

2019-S4035 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4035
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 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.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01275-01-9

 S. 4035                             2
 
   (i) beta blockers;
   (ii) alpha agonists;
   (iii) direct acting cholinergic agents;
   (IV) PROSTAGLANDIN ANALOGS; AND
   (V) CARBONIC ANHYDRASE INHIBITORS.
   §  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, INCLUDING THE GENERIC EQUIVALENTS
 OF SUCH AGENTS, USED FOR HERPES ZOSTER OPHTHALMICUS; PROVIDED AN OPTOME-
 TRIST  SHALL  USE  OR  PRESCRIBE  IN  MAXIMUM,  SEVEN-DAY PRESCRIPTIONS;
 PROVIDED, HOWEVER, IF A PATIENT IS DIAGNOSED WITH HERPES ZOSTER OPHTHAL-
 MICUS 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  PHYSICIAN,  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.
   § 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, are 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

 S. 4035                             3
 
 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
 Board  of  Examiners  in  Optometry  test or have taken and successfully
 passed an examination acceptable to the board.
   § 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.
   §  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 WITHIN FIVE YEARS OF THE DEPARTMENT'S APPROVAL  OF
 THE  INITIAL  CERTIFICATION COURSE OR THE INITIAL EXAMINATION, WHICHEVER
 IS LATER.
   (I) THE CURRICULUM FOR THE COURSE 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 AND REFLECT THE PROVISIONS OF PARAGRAPH  (G)  OF  SUBDIVISION
 ONE  OF  THIS  SECTION, AND SHALL BE ACCEPTABLE TO THE DEPARTMENT. IF AN
 OPTOMETRIST FAILS TO PASS THE EXAMINATION, SUCH OPTOMETRIST  MAY  RETAKE
 THE EXAMINATION; PROVIDED, HOWEVER, THAT IF AN OPTOMETRIST FAILS TO PASS
 THE  EXAMINATION  AFTER  THREE  ATTEMPTS,  SUCH  OPTOMETRIST  MUST AGAIN
 COMPLETE THE CERTIFICATION COURSE IN ORDER TO RETAKE THE EXAMINATION. AN
 OPTOMETRIST SHALL BE REQUIRED TO COMPLETE THE CERTIFICATION COURSE AFTER
 EACH SUBSEQUENT FAILURE TO PASS THE EXAMINATION THREE TIMES. IF AN OPTO-
 METRIST REQUIRES MORE TIME TO PASS THE EXAMINATION AND TO BECOME  CERTI-
 FIED  THAN  THE  FIVE-YEAR  PERIOD  PROVIDED FOR IN THIS PARAGRAPH, SUCH
 OPTOMETRIST MAY BE AUTHORIZED TO RETAKE THE EXAMINATION  AND  TO  BECOME
 CERTIFIED  BEYOND  SUCH PERIOD UPON APPLICATION BY THE OPTOMETRIST AND A
 SHOWING OF GOOD CAUSE AS MAY BE ACCEPTABLE TO THE COMMISSIONER.
   (IV) THE INITIAL, AND ANY SUBSEQUENT, CURRICULUM AND EXAMINATION SHALL
 BE SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT.
   (V) 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 SEVEN AND HAVE TAKEN AND SUCCESSFULLY

 S. 4035                             4
 
 PASSED THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY TEST OR AN  EXAMINA-
 TION ACCEPTABLE TO THE DEPARTMENT.
   § 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:
   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.
   § 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.
   § 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.
   § 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.
   §  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

 S. 4035                             5
 
 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
 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.
   §  12.  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 TWO HUNDRED FIFTY DOLLARS.
   §  13. Oral therapeutic pharmaceutical agent implementation review. 1.
 For purposes of this section, the term  "commissioner"  shall  mean  the
 commissioner  of  the  state education department; and the term "depart-
 ment" shall mean the state education department.
   2.  Each optometrist certified to use oral therapeutic  pharmaceutical
 agents  pursuant  to paragraph (c) of subdivision four of section 7101-a
 of the education law 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 section 7101-a
 of  the  education law. Such information shall include the optometrist's
 license number and the national provider identifier  as  established  by
 the  centers  for  medicare  and  medicaid  services,  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    section
 7101-a  of  the  education law.   Such information shall not include any

 S. 4035                             6
 
 patient identifying information and must otherwise be in compliance with
 all state and federal requirements related to protected health  informa-
 tion.  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 act,  then  optometrists
 shall be advised by the commissioner that quarterly reporting forms will
 no longer be required.  The requirements of this section 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 section
 7101-a of the education law, after which time these  requirements  shall
 expire and no longer have effect.
   3. The commissioner shall appoint a committee to advise and assist the
 commissioner  in  evaluating  compliance  with the provisions of section
 7101-a of the education law and to identify any  necessary  enhancements
 to  the  curriculum  provided  for in such 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 professional  organization  consisting  of  optometrists,  one
 ophthalmologist  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
 consultation with the commissioner of the department of health  and  who
 shall be neither an ophthalmologist nor an optometrist.
   4.  The  commissioner shall submit each form received pursuant to this
 section to the committee, except as otherwise provided in this  subdivi-
 sion.    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  optome-
 trists pursuant to section 7101-a of the education law become available,
 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
 consistent with section 7101-a of the  education  law.    The  committee
 shall  advise  the  commissioner as to compliance with the provisions of
 section 7101-a of the  education  law  for  the  purpose  of  evaluating
 compliance  with  the  provisions of section 7101-a of the education law
 including the applicable referrals and dosing limitations and to identi-
 fy any necessary enhancements to the curriculum provided  for  in  para-
 graph  (c)  of  subdivision 4 of section 7101-a of the education law 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 within the department for investigation and, if applica-
 ble, disciplinary action. Nothing in this  subdivision  is  intended  to
 modify  or  otherwise  limit the department's authority or discretion to
 review, investigate  and  refer  matters  related  to  the  professional
 conduct of a licensed provider.
   §  14.  This act shall take effect eighteen months after it shall have
 become a law; provided that:
   (a) section thirteen of this act shall expire and be  deemed  repealed
 five  years following the approval by the department of education of the
 initial certification course or the initial  examination,  whichever  is

 S. 4035                             7
 
 later,  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.

co-Sponsors

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2019-S4035A (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §§7101-a & 7104, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7440
2017-2018: S5235
2021-2022: S1519

2019-S4035A (ACTIVE) - Summary

Requires optometrists to meet certain standards, including the completion of a course, to prescribe oral medications.

2019-S4035A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4035A

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize licensed optometrists! who receive certification to
prescribe certain oral medications.

 
SUMMARY OF SPECIFIC PROVISIONS:

Sections one and two amend paragraphs (e) and (f) of subdivision 1 of
section 7101-a of the education law, as added by chapter 517 of the laws
of 1995, to clarify the use of certain topical therapeutic pharmaceu-
tical agents which are already authorized for us6 by optometrists and
are the standard of care in the treatment of patients for certain eye

conditions.

Section three amends subdivision 1 of section 7101-a of the education
law by adding a new paragraph (g) that sets forth the classes of oral
therapeutic pharmaceutical agents that optometrists, once certified,
will be authorized to prescribe and the conditions and limitations on
the use of some drugs, including the referral of patients to licensed
physicians as provided and the duration of certain prescriptions.

Sections four and five amend paragraphs (a) and (b) of subdivision 4 of
section 7101-a of the education law, as added by chapter 517 of the laws
of 1995, to replace the terms "phase one" and "phase two" with more
descriptive terms related to the types of pharmaceutical agents optome-
triets are authorized to use. These amendments re made throughout the
bill

Section six amends subdivision 4 of section 7101-a of the education law
by re-lettering paragraphs (c) and (d) of said subdivision paragraphs
(d) and (e), and by adding a new paragraph (c). Paragraph (c) provides
that in order for an optometrist to be authorized to prescribe oral
medications, such optometrist must be certified to prescribe diagnostic
pharmaceutical agents and topical therapeutic and therapeutic pharmaceu-
tical agents for the treatment of glaucoma and ocular hypertension, have
completed a forty-hour oral therapeutic pharmaceutical agent certif-
ication course and have passed an examination acceptable to the state
education department. The course curriculum shall include instruction in
pharmacology and drug interaction in treating ocular disease and shall
be taught through clinical case scenarios and emphasize clinical deci-
sion-making.  Optometrists must complete the certification course and
pass the examination within five years of the department's approval of
the initial certification course or the initial examination, whichever
is later.

The initial, and any subsequent, curriculum and examination shall be
subject to review and approval by SED. Optometrists who graduated from
an accredited college of optometry after January 1, 2021 and have passed
the National Board of Examiners in Optometry or another examination will

be eligible for certification and will not be required to complete the
course or pass the examination.

Section seven amends subdivision 5 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, to specify that the
suspension of certification for the use of topical therapeutic agents
applies to an optometrist who fails to receive certification for-thera-
peutic pharmaceutical agents for treatment of glaucoma and ocular hyper-
tension.

Section eight amends the subdivision heading of subdivision 6 of section
7101-a of the education law, as added by chapter 517 of the laws of
1995.

Section nine amends subdivision 7 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, to require optome-
trists certified to use oral therapeutic pharmaceutical agents to
complete an additional minimum of eighteen hours of continuing education
related to systemic disease and therapeutic treatment, in addition to
the minimum thirty-six hours of continuing education requirement, per
triennial registration period.

Section ten amends the subdivision heading and amends subparagraph (i)
of paragraph (a) of subdivision 8 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, to clarify the appli-
cability of a separate notice to patients regarding the use of certain
topical medications.

Section eleven amends subdivision 10 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, to provide, that opto-
metrists certified to use and prescribe oral medications shall be
authorized to use and prescribe those oral medications that are FDA
approved and commercially available.  Prescribing oral medications must,
be in compliance with all safety information and side-effect and warning
advisories contained in th most current physicians' desk reference. In
addition, optometrists certified to prescribe topical and oral therapeu
tic pharmaceutical agents hall be authorized to use and recommend all
nonprescription medication , whether intended for topical or oral use,
appropriate for the treatment of the eye and adnexa.

Section twelve amends subdivision 8 of section 7104 of the education
law, as amended by chapter 517 of the laws of 1995, to provide that
applicants for a license as an optometrist shall pay an additional fee
of two-hundred fifty dollars for certification to use or prescribe oral
therapeutic pharmaceutical agents.

Section thirteen provides the effective date.

 
JUSTIFICATION:

In 1995, the Legislature enacted a law authorizing a specialty certif-
ication 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 same standard of care in the diagnosis and
treatment of patients, including the use of pharmaceutical agents, as
the degree of skill and proficiency commonly exercised by a physician.

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 law. This new legislation extends the 1995 legislation another
modest step by allowing optometrists who complete additional coursework
and pass an examination to. become certified to prescribe for their
patients certain oral medications for the treatment of eye disease.

Currently, 48 states and the District of Columbia allow optometrists to
prescribe and use a range of oral pharmaceutical agents for ocular
conditions. This law will put New York on a parallel path with other
states. Optometric students at SUNY College of Optometry are educated
and trained in the prescription and use of these medications. The enact-
ment of this legislation will provide optometrists the authority to
treat patients with a limited number of medications for certain ocular
diseases and will ensure that the prescribing optometrists are fully
prepared to fulfill this responsibility.

This bill would limit the types of oral medications that may be
prescribed, promote greater coordination in care with .a patient's
physician, enhance the educational and training requirements for optome-
trists, limit the duration of certain oral drugs that are authorized to
be used, and provide additional oversight of oral prescription practices
by optometrists.

The bill would, among other provisions, require optometrists who wish to
prescribe and use oral medications to take a certification course and
pass an examination approved by the Education Department. The applicant
would be required to complete the course and pass the examination within
five years of the department's approval of the initial certification
course or the initial examination, whichever is later.

 
FISCAL IMPLICATION:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect two years after it shall have become a law;
provided that section nine of this act shall take effect on January 1,
2022. Effective immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
its effective date are authorized and directed to be made and completed
on or before such effective date.

2019-S4035A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4035--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2019
                                ___________
 
 Introduced  by  Sens. BAILEY, BIAGGI, FUNKE, HOYLMAN, SERINO, SKOUFIS --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on Higher Education -- recommitted to the Committee on
   Higher Education in accordance with Senate Rule 6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01275-11-0

 S. 4035--A                          2

   (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;
   (iii) direct acting cholinergic agents;
   (IV) PROSTAGLANDIN ANALOGS; AND
   (V) CARBONIC ANHYDRASE INHIBITORS.
   §  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:
   (1) AMOXICILLIN/CLAVULANATE POTASSIUM;
   (2) CEPHALEXIN;
   (3) AZITHROMYCIN;
   (4) SULFAMETHOXAZOLE/TRIMETHOPRIM;
   (5) DOXYCYCLINE; AND
   (6) TETRACYCLINE;
   (II) THE FOLLOWING ANTIGLAUCOMA AGENTS  USED  FOR  THE  MANAGEMENT  OF
 ACUTE  INCREASES  IN INTRAOCULAR PRESSURE; PROVIDED, HOWEVER, AN OPTOME-
 TRIST  MAY  USE  OR  PRESCRIBE  A  MAXIMUM  OF  ONE   TWENTY-FOUR   HOUR
 PRESCRIPTION  AND  SHALL  IMMEDIATELY  REFER  THE  PATIENT TO A LICENSED
 PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE:
   (1) ACETAZOLAMIDE; AND
   (2) METHAZOLAMIDE; AND
   (III) THE FOLLOWING ANTIVIRAL AGENTS USED FOR HERPES ZOSTER OPHTHALMI-
 CUS; PROVIDED AN OPTOMETRIST SHALL USE  OR  PRESCRIBE  IN  MAXIMUM,  ONE
 SEVEN-DAY  PRESCRIPTION;  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  PHYSICIAN, LICENSED PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE,
 OR OTHER APPROPRIATE PHYSICIAN WITHIN THREE DAYS OF SUCH DIAGNOSIS:
   (1) VALACYCLOVIR; AND
   (2) ACYCLOVIR.
   § 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, are 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
 Board  of  Examiners  in  Optometry  test or have taken and successfully
 passed an examination acceptable to the board.

 S. 4035--A                          3
 
   § 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.
   §  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 WITHIN FIVE YEARS OF THE DEPARTMENT'S APPROVAL  OF
 THE  INITIAL  CERTIFICATION COURSE OR THE INITIAL EXAMINATION, WHICHEVER
 IS LATER PROVIDED, HOWEVER, AN OPTOMETRIST WHO HAS  COMMENCED  THE  ORAL
 THERAPEUTIC  PHARMACEUTICAL  AGENT  CERTIFICATION COURSE WITHIN THE FIVE
 YEAR TIME PERIOD BUT HAS NOT YET PASSED AN EXAMINATION SHALL BE  ALLOWED
 TO  TAKE  SUCH EXAMINATION AND BECOME CERTIFIED AFTER THE FIVE YEAR TIME
 PERIOD PROVIDED FOR IN THIS PARAGRAPH HAS ENDED.
   (I) THE CURRICULUM  FOR  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENT
 CERTIFICATION  COURSE  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 ASSESS THE KNOWLEDGE OF MATERIALS IN THE
 CURRICULUM  AND  REFLECT  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS
 DESCRIBED IN PARAGRAPH (G) OF SUBDIVISION ONE OF THIS SECTION, AND SHALL
 BE ACCEPTABLE TO THE DEPARTMENT.
   (IV) THE INITIAL, AND ANY SUBSEQUENT, CURRICULUM AND EXAMINATION SHALL
 BE SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT.
   (V)  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 TWENTY-ONE AND HAVE TAKEN AND SUCCESSFUL-
 LY PASSED THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY EXAMINATION OR AN
 EXAMINATION ACCEPTABLE TO THE DEPARTMENT.
   § 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:
   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. 4035--A                          4
 
   § 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.
   § 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. (A) Each optometrist certified to use  [phase
 one  or  phase two] TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS AND thera-
 peutic pharmaceutical agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPER-
 TENSION, 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  pharmacology  and  may  include both didactic and clinical
 components.] EACH OPTOMETRIST CERTIFIED TO USE ORAL THERAPEUTIC  PHARMA-
 CEUTICAL  AGENTS  SHALL,  IN ADDITION TO THE MINIMUM THIRTY-SIX HOURS OF
 CONTINUING EDUCATION PROVIDED FOR IN THIS SUBDIVISION, COMPLETE AN ADDI-
 TIONAL MINIMUM OF EIGHTEEN HOURS  OF  CONTINUING  EDUCATION  RELATED  TO
 SYSTEMIC  DISEASE  AND  THERAPEUTIC TREATMENT PER TRIENNIAL REGISTRATION
 PERIOD. Such educational 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]. BEGINNING ON JANUARY FIRST, TWO THOUSAND
 TWENTY-TWO,  ALL  SPONSORS  OF  CONTINUING  EDUCATION  COURSES   SEEKING
 ADVANCED  APPROVAL FROM THE DEPARTMENT SHALL FILE AN APPLICATION AND PAY
 A FEE DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH THE REGULATIONS OF
 THE COMMISSIONER. AN OPTOMETRIST  SUBJECT  TO  THE  PROVISIONS  OF  THIS
 SUBDIVISION  WHOSE  FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE
 OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH  EFFECTIVE  DATE,
 BUT  ON  OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, SHALL COMPLETE
 CONTINUING EDUCATION HOURS ON A PRORATED BASIS AT THE RATE OF  ONE  HOUR
 PER  MONTH  FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-
 TWO UP TO THE FIRST REGISTRATION DATE THEREAFTER. AN OPTOMETRIST WHO HAS
 NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT PURSUANT TO
 THIS SUBDIVISION SHALL NOT BE ISSUED A  TRIENNIAL  REGISTRATION  CERTIF-
 ICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A CONDI-
 TIONAL  REGISTRATION  IS ISSUED AS PROVIDED FOR IN PARAGRAPH (B) OF THIS
 SUBDIVISION. CONTINUING EDUCATION HOURS TAKEN DURING ONE  TRIENNIUM  MAY
 NOT BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
   (B)  THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
 TRATION TO AN OPTOMETRIST WHO FAILS TO  MEET  THE  CONTINUING  EDUCATION
 REQUIREMENTS  ESTABLISHED  IN PARAGRAPH (A) OF THIS SUBDIVISION, BUT WHO
 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
 NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
 BE DETERMINED BY THE DEPARTMENT, BUT SHALL  NOT  EXCEED  ONE  YEAR.  ANY
 OPTOMETRIST WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT  TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS TITLE.
   (C) IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT  TO  THE
 MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPART-
 MENT  FOR  REASONS OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE HEALTH

 S. 4035--A                          5
 
 CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
 UNITED STATES, OR FOR OTHER GOOD  CAUSE  ACCEPTABLE  TO  THE  DEPARTMENT
 WHICH MAY PREVENT COMPLIANCE.
   (D)  AN  OPTOMETRIST  NOT  ENGAGED  IN  PRACTICE, AS DETERMINED BY THE
 DEPARTMENT, SHALL BE EXEMPT  FROM  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
 SUCH  STATUS.  ANY  LICENSEE  WHO  RETURNS  TO THE PRACTICE OF OPTOMETRY
 DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH CONTINUING EDUCA-
 TION  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
 SIONER.
   (E) OPTOMETRISTS SUBJECT TO THE PROVISIONS OF THIS  SUBDIVISION  SHALL
 MAINTAIN  ADEQUATE  DOCUMENTATION OF COMPLETION OF ACCEPTABLE CONTINUING
 EDUCATION CREDITS AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF
 THE DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON  THE  REQUEST
 OF  THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   (F) THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY  THE
 DEPARTMENT.    SUCH  FEE  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
 EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
 TRIENNIAL REGISTRATION FEE REQUIRED  BY  SUBDIVISION  EIGHT  OF  SECTION
 SEVENTY-ONE HUNDRED FOUR OF THIS ARTICLE.
   § 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.
   §  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
 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.

 S. 4035--A                          6
 
   (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.
   §  12.  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 TWO HUNDRED FIFTY DOLLARS.
   §  13. This act shall take effect two years after it shall have become
 a law; provided that section nine of this act shall take effect  January
 1,  2022.   Effective immediately, the addition, amendment and/or repeal
 of any rule or regulation necessary for the implementation of  this  act
 on  its  effective  date  are  authorized  and  directed  to be made and
 completed on or before such effective date.

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Senate Bill S4035

Sponsored By

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

May 30, 2019 - Floor Vote

Floor Vote: May 30, 2019

May 21, 2019 - Higher Education Committee Vote

Higher Education Committee Vote: May 21, 2019

Bill Amendments

co-Sponsors

2019-S4035 - Details

2019-S4035 - Summary

2019-S4035 - Sponsor Memo

2019-S4035 - Bill Text download pdf

co-Sponsors

2019-S4035A (ACTIVE) - Details

2019-S4035A (ACTIVE) - Summary

2019-S4035A (ACTIVE) - Sponsor Memo

2019-S4035A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4035

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Sponsored By

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

Bill Amendments

co-Sponsors

2019-S4035 - Details

2019-S4035 - Summary

2019-S4035 - Sponsor Memo

2019-S4035 - Bill Text download pdf

co-Sponsors

2019-S4035A (ACTIVE) - Details

2019-S4035A (ACTIVE) - Summary

2019-S4035A (ACTIVE) - Sponsor Memo

2019-S4035A (ACTIVE) - Bill Text download pdf

Comments