S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1921
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN, COOK, CYMBROWITZ, ABINANTI, GUNTHER,
   WEPRIN, HEVESI, STIRPE,  DiPIETRO,  BRABENEC,  FAHY,  COLTON,  NORRIS,
   BARRETT,  PHEFFER AMATO,  DINOWITZ,  LALOR,  ZEBROWSKI, STECK, HUNTER,
   BRONSON, SOLAGES, PEOPLES-STOKES,  DE LA ROSA,  B. MILLER,  MORINELLO,
   FITZPATRICK,     DICKENS,    MAGNARELLI,    PICHARDO,    SANTABARBARA,
   J. M. GIGLIO, D. ROSENTHAL,  KIM,  RODRIGUEZ,  ABBATE,  JONES,  VANEL,
   McDONOUGH,   AUBRY,   L. ROSENTHAL,   ENGLEBRIGHT,   LAVINE,   JOYNER,
   SEAWRIGHT, M. MILLER, FERNANDEZ, FALL, REILLY, REYES, SALKA,  WALLACE,
   JACOBSON,  JEAN-PIERRE,  MANKTELOW, TAYLOR, BENEDETTO, STERN, GRIFFIN,
   BUTTENSCHON, EICHENSTEIN, LUPARDO, WOERNER -- Multi-Sponsored by -- M.
   of A. BARCLAY, BLANKENBUSH, CAHILL, CARROLL, CUSICK, DAVILA,  EPSTEIN,
   FRIEND,  GALEF,  GOODELL,  GOTTFRIED, HAWLEY, PALMESANO, PERRY, QUART,
   J. RIVERA, TAGUE, THIELE, WALSH --  read  once  and  referred  to  the
   Committee on Higher Education
 
 AN  ACT to amend the education law, in relation to the use of oral medi-
   cations by optometrists
 
   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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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 A. 1921                             2
 
   (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:
   (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

 A. 1921                             3
 
 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  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-TWO 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-

 A. 1921                             4
 
 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. (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-THREE,  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-THREE, 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-
 THREE UP TO THE FIRST REGISTRATION DATE THEREAFTER. AN  OPTOMETRIST  WHO
 HAS  NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT PURSU-
 ANT TO THIS SUBDIVISION SHALL NOT BE  ISSUED  A  TRIENNIAL  REGISTRATION
 CERTIFICATE  BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL A
 CONDITIONAL 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

 A. 1921                             5

 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
 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-

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 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. 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,  2023.   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 to be made and completed on or
 before such effective date.