BILL NUMBER: S4469

SPONSOR: STAVISKY
 
TITLE OF BILL:  An act to amend the education law, in relation to the
delegation of certain professional responsibilities for instilling
mydriatic or cycloplegic eye drops

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize ophthalmologists and optometrists to supervise trained
personnel to instill dilating eye drops to the surface of patients'
eyes.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph 25 of section 6530 of the education law, as
added by chapter 606 of the laws of 1991, by naming the existing para-
graph as subparagraph a and by adding a new subparagraph b to authorize
a physician to delegate and supervise trained personnel to instill
mydriatic or cycloplegic eye drops (dilating eye drops) and associated
anesthetic eye drops to the surface of a patient's eye.  Such personnel
              

would be required to be over eighteen, be under the supervision of a
licensed professional, complete a curriculum and examination demonstrat-
ing the requisite experience to instill the dilating and anesthetic eye
drops satisfactory to the department, and register with the department
and pay a fee in accordance with commissioner's regulations.

Section two adds a new subdivision four to section 7106 of the education
law to authorize an optometrist to delegate and supervise trained
personnel to instill mydriatic or cycloplegic eye drops (dilating eye
drops) and associated anesthetic eye drops to the surface of a patient's
eye. Such personnel would be required to be over eighteen, complete a
curriculum and examination demonstrating the requisite experience to
instill the dilating and anesthetic eye drops satisfactory to the
department and register with the department and pay a fee in accordance
with commissioner's regulations.

Section three provides the effective date.

 
JUSTIFICATION:

It is necessary for ophthalmologists (MDs) and optometrists (ODs) to
dilate patients' pupils in performance of a comprehensive eye exam.
Dilation allows the pupil to widen, letting more light in so that the MD
or OD has a better view of the back of the eye. Use and administration
of dilation eye drops and occasionally anesthetic drops used in conjunc-
tion, is a safe, simple process and it is the standard of care.

This bill would allow the training and authorization of allied eye care
providers to instill eye drops without the risk of such delegation being
considered professional misconduct or improper delegation.  Ophthalmolo-
gists and optometrists will supervise the activities of personnel who
are trained and registered with the State Education Department to
instill dilating and anesthetic drops.

Currently, MDs and ODs often instill the eye drops themselves or hire
other medical professionals only for the purpose of instilling these
specific dilating agents. These professionals (i.e., RNs and LPNs) are
highly trained with a broad scope of practice skills that are underuti-
lized when their activities are limited to putting dilating drops in
patients' eyes. With widely described health care professional short-
ages, it makes sense to maximize each medical professional's expertise
and allow them to use their training to the fullest extent possible.
Moreover, with the rising costs of health care, it also makes sense to
have well trained personnel instill these dilating eye drops at a pay
scale commensurate with this job function instead of paying more broadly
skilled and trained medical professionals at their normal and compet-
itive salaries but to instead use a fraction of their skill set. Again,
the instilling of eye drops is a simple process and the personnel will
be trained and supervised. This authorization will be safe and helpful
for patients. Additionally, enactment of this bill will increase prac-
tice and health care team efficiencies as well as adding to patients'
convenience by decreasing the average time patients need t o spend in
ophthalmology and optometry offices.

 
PRIOR LEGISLATIVE HISTORY:

2018- A.10209/S.7614

 
FISCAL IMPLICATION:

None to the State

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided, however, that the
department 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.

                                
 
BILL NUMBER: S4469A

SPONSOR: STAVISKY
 
TITLE OF BILL:  An act to amend the education law, in relation to the
delegation of certain professional responsibilities for instilling
mydriatic or cycloplegic eye drops

 
PURPOSE OR GENERAL IDEA OF BILL:

To authorize ophthalmologists and optometrists to supervise trained
personnel to instill dilating eye, drops to the surface of patients'
eyes.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph 25 of section 6530 of the education law, as
added by chapter 606 of the laws of 1991, by naming the existing para-
graph as subparagraph a and by adding a new subparagraph b to authorize
a physician to delegate and supervise trained personnel to instill
mydriatic or cycloplegic eye drops (dilating eye drops) and associated
anesthetic eye drops to the surface of a patient's eye.  Such personnel
              

would be required to be over eighteen, be under the supervision of a
physician, complete a curriculum and examination demonstrating the
requisite experience to instill the dilating and anesthetic eye drops
satisfactory to the department, and register with the department and pay
a fee in accordance with commissioner's regulations.

Section two adds a new subdivision four to section 7106 of the education
law to authorize an optometrist to delegate and supervise trained
personnel to instill mydriatic or cycloplegic eye drops (dilating eye
drops) and associated anesthetic eye drops to the surface of a patient's
eye. Such personnel would be required to be over eighteen, complete a
curriculum and examination demonstrating the requisite experience to
instill the dilating and anesthetic eye drops satisfactory to the
department and register with the department and pay a fee in accordance
with commissioner's regulations.

Section three provides the effective date.

 
JUSTIFICATION:

It is necessary for ophthalmologists (MDs) and optometrists (ODs) to
dilate patients' pupils in performance of a comprehensive eye exam.
Dilation allows the pupil to widen, letting more light in so that the MD
or OD has a better view of the back of the eye. Use and administration
of dilation eye drops and occasionally anesthetic drops used in conjunc-
tion, is a safe, simple process and it is the standard of care.

This bill would allow the training and authorization of allied eye care
providers to instill eye drops without the risk of such delegation being
considered professional misconduct or improper delegation. Ophthalmolo-
gists and optometrists will supervise the activities of personnel who
are trained and registered with the State Education Department to
instill dilating and anesthetic drops.

Currently, MDs and ODs often instill the eye drops themselves or hire
other medical professionals only for the purpose of instilling these
specific dilating agents. These professionals (i.e., RNs and LPNs) are
highly trained with a broad scope of practice skills that are underuti-
lized when their activities are limited to putting dilating drops in
patients' eyes. With widely described health care professional short-
ages, it makes sense to maximize each medical professional's expertise
and allow them to use their training to the fullest extent possible.
Moreover, with the rising costs of health care, it also makes sense to
have well trained personnel instill these dilating eye drops at a pay
scale commensurate with this job function instead of paying more broadly
skilled and trained medical professionals at their normal and compet-
itive salaries but to instead use a fraction of their skill set. Again,
the instilling of eye drops is a simple process and the personnel will
be trained and supervised.  This authorization will be safe and helpful
for patients.  Additionally, enactment of this bill will increase prac-
tice and health care team efficiencies as well as adding to patients'
convenience by decreasing the average time patients need t o spend in
ophthalmology and optometry offices.

 
PRIOR LEGISLATIVE HISTORY:

2018- A.10209/S.7614

 
FISCAL IMPLICATION:

None to the State

 
EFFECTIVE DATE:
This act shall take effect on the five hundred and forty-sixth day after
it shall have become a law, provided, however, that the department is
authorized and directed, prior to such effective date, to promulgate
such rules or regulations as may be necessary for the timely implementa-
tion of this act.