Assembly Bill A9830

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9830
 
                           I N  A S S E M B L Y
 
                              April 11, 2024
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Higher Education
 
 AN  ACT  to  amend  the education law, in relation to the use of topical
   pharmaceutical agents
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraphs (d), (e) and (f) of subdivision 1 of section
 7101-a of the education law, paragraph (d) as added by  chapter  517  of
 the laws of 1995 and paragraphs (e) and (f) as amended by chapter 506 of
 the laws of 2021, are amended to read as follows:
   (d)  Diagnostic pharmaceuticals. Diagnostic pharmaceuticals shall mean
 those drugs which shall be  limited  to  topical  applications  [to  the
 surface of the eye] for the purpose of diagnostic examination of the eye
 [and shall be limited to:
   (i) Anesthetic agents;
   (ii) Mydriatics;
   (iii) Cycloplegics;
   (iv) Miotics;
   (v)  Disclosing  agents  and other substances used in conjunction with
 these drugs as part of a diagnostic procedure] AND ADNEXA.
   (e) Topical therapeutic  pharmaceutical  agents.  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] OF THE EYE AND ADNEXA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14942-02-4
              

 A. 9830                             2
 
   (f) Therapeutic pharmaceutical agents for treatment  of  glaucoma  and
 ocular  hypertension. Therapeutic pharmaceutical agents for treatment of
 glaucoma and ocular hypertension shall mean those drugs which  shall  be
 limited to topical application [to the surface] FOR THERAPEUTIC PURPOSES
 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] ADNEXA.
   § 2. Paragraph (e) of subdivision 4 of section 7101-a of the education
 law,  as  added  by chapter 517 of the laws of 1995 and as relettered by
 chapter 506 of the laws of 2021, is amended to read as follows:
   (e) The provisions of paragraphs (a) and (b) of this subdivision shall
 not apply to (i) graduates of an appropriate  program  approved  by  the
 department  who  have  successfully passed the examination on the use of
 diagnostic and therapeutic [drugs] AGENTS and who  graduated  subsequent
 to  January  first,  nineteen hundred ninety-three; or (ii) optometrists
 who have been certified for at least  five  years  to  use  [phase  one]
 TOPICAL  THERAPEUTIC AGENTS and [phase two drugs] THERAPEUTIC PHARMACEU-
 TICAL AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION in anoth-
 er jurisdiction, have demonstrated such  use  in  independently  managed
 patients,  and have been licensed in accordance with section seventy-one
 hundred four of this chapter. Provided, however, no  optometrist  exempt
 under this paragraph shall be permitted to use [phase one] TOPICAL ther-
 apeutic  pharmaceutical agents or [phase two] therapeutic pharmaceutical
 agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION  prior  to  the
 general authorization provided to optometrists licensed in this state.
   §  3.  The  opening  paragraph  of  paragraph (b) and paragraph (c) of
 subdivision 10 of section 7101-a of the education  law,  as  amended  by
 chapter 506 of the laws of 2021, are amended to read as follows:
   Those optometrists having been certified for topical therapeutic phar-
 maceutical  agents  shall be authorized to use and prescribe all topical
 therapeutic pharmaceutical agents [specified in paragraph (e) of  subdi-
 vision  one  of  this  section], which are FDA approved and commercially
 available for topical use.
   (c) Those optometrists having been certified for  therapeutic  pharma-
 ceutical  agents for treatment of glaucoma and ocular hypertension shall
 be authorized to use and prescribe 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.
   § 4. This act shall take effect immediately.