New York State Assembly

 
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A01193 Summary:

A01193 Actions:

A01193 Committee Votes:

Committee:HIGHER EDUCATION   Chair:Glick      
DATE:07/14/2020AYE/NAY:22/3  Action: Favorable refer to committee Codes        
Glick
Nay
Smith
Nay
Gottfried
Aye
Fitzpatrick
Aye
Englebright
Aye
Garbarino
Nay
Cahill
Aye
Ashby
Aye
Lifton
Aye
Reilly
Aye
Cusick
Aye
Salka
Aye
Lupardo
Aye
Walczyk
Aye
Stirpe
Aye
Fahy
Aye
Pichardo
Aye
Simon
Aye
McDonald
Aye
Bichotte
Aye
Hyndman
Aye
Epstein
Aye
Griffin
Aye
McMahon
Aye
Buttenschon
Aye

Committee:CODES   Chair:Lentol      
DATE:07/17/2020AYE/NAY:19/2  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Morinello
Aye
Schimminger
Excused
Giglio
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Palumbo
Aye
Cymbrowitz
Aye
Garbarino
Nay
O'Donnell
Aye
Reilly
Aye
Lavine
Aye
Perry
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:07/17/2020AYE/NAY:29/3  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Nay
Lentol
Aye
Crouch
Aye
Schimminger
Excused
Fitzpatrick
Aye
Glick
Nay
Hawley
Aye
Nolan
Aye
Malliotakis
Aye
Pretlow
Aye
Montesano
Nay
Perry
Aye
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Brabenec
Aye
Aubry
Aye
Cusick
Aye
Ortiz
Excused
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye
Joyner
Aye

Committee:RULES   Chair:Heastie      
DATE:07/20/2020AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Nolan
Aye
Hawley
Aye
Weinstein
Aye
Giglio
Aye
Ortiz
Aye
Malliotakis
Aye
Pretlow
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Glick
Excused
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye

A01193 Floor Votes:

A01193 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1193--C
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN, COOK, CYMBROWITZ, ABINANTI, GUNTHER,
          WEPRIN, HEVESI, RYAN, STIRPE,  BUCHWALD,  DiPIETRO,  BRABENEC,  BLAKE,
          FAHY,  ORTIZ, COLTON, NORRIS, BARRETT, PHEFFER AMATO, DINOWITZ, LALOR,
          ZEBROWSKI,   STECK,   HUNTER,   BRONSON,   SOLAGES,    PEOPLES-STOKES,
          DE LA ROSA,  B. MILLER,  GARBARINO,  MORINELLO,  FITZPATRICK, DICKENS,
          MAGNARELLI, PICHARDO, SANTABARBARA, GIGLIO, D. ROSENTHAL, KIM,  RODRI-
          GUEZ,  ABBATE,  JONES,  ARROYO, VANEL, McDONOUGH, AUBRY, L. ROSENTHAL,
          ENGLEBRIGHT, LAVINE, D'URSO, JAFFEE, JOYNER, SEAWRIGHT,  M. L. MILLER,
          FERNANDEZ,  FALL,  BURKE,  REILLY,  REYES,  SALKA,  WALLACE, JACOBSON,
          JEAN-PIERRE, MOSLEY, MANKTELOW,  TAYLOR,  BENEDETTO,  STERN,  GRIFFIN,
          BUTTENSCHON,  MALLIOTAKIS,  EICHENSTEIN -- Multi-Sponsored by -- M. of
          A. BARCLAY, BLANKENBUSH,  CAHILL,  CARROLL,  CROUCH,  CUSICK,  DAVILA,
          EPSTEIN,  FRIEND,  GALEF,  GOODELL, GOTTFRIED, HAWLEY, LENTOL, LIFTON,
          LUPARDO,  PALMESANO,  PERRY,  QUART,  RIVERA,  SIMOTAS,  STEC,  TAGUE,
          THIELE,  WALSH,  WOERNER,  WRIGHT  --  read  once  and referred to the
          Committee on Higher Education -- committee discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (e)  of subdivision 1 of section 7101-a of the
     2  education law, as added by chapter 517 of the laws of 1995,  is  amended
     3  to read as follows:
     4    (e) [Phase one] Topical therapeutic pharmaceutical agents. [Phase one]
     5  Topical  therapeutic  pharmaceutical agents shall mean those drugs which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01275-10-0
        A. 1193--C                          2
 
     1  shall be limited to topical application to the surface of  the  eye  for
     2  therapeutic purposes and shall be limited to:
     3    (i) antibiotic/antimicrobials;
     4    (ii) decongestants/anti-allergenics;
     5    (iii) non-steroidal anti-inflammatory agents;
     6    (iv) steroidal anti-inflammatory agents;
     7    (v) antiviral agents;
     8    (vi) hyperosmotic/hypertonic agents;
     9    (vii) cycloplegics;
    10    (viii) artificial tears and lubricants; and
    11    (ix) immunosuppressive agents.
    12    § 2. Paragraph (f) of subdivision 1 of section 7101-a of the education
    13  law,  as added by chapter 517 of the laws of 1995, is amended to read as
    14  follows:
    15    (f) [Phase two  therapeutic]  Therapeutic  pharmaceutical  agents  for
    16  treatment  of glaucoma and ocular hypertension.  [Phase two] Therapeutic
    17  pharmaceutical agents for treatment of glaucoma and ocular  hypertension
    18  shall  mean those drugs which shall be limited to topical application to
    19  the surface of the eye and shall be limited to:
    20    (i) beta blockers;
    21    (ii) alpha agonists;
    22    (iii) direct acting cholinergic agents;
    23    (iv) prostaglandin analogs; and
    24    (v) carbonic anhydrase inhibitors.
    25    § 3. Subdivision 1 of section 7101-a of the education law  is  amended
    26  by adding a new paragraph (g) to read as follows:
    27    (g)  Oral  therapeutic pharmaceutical agents. Oral therapeutic pharma-
    28  ceutical agents shall mean those  orally  administered  drugs  used  for
    29  therapeutic purposes solely for the treatment of diseases of the eye and
    30  adnexa and shall be limited to:
    31    (i) the following antibiotics:
    32    (1) amoxicillin/clavulanate potassium;
    33    (2) cephalexin;
    34    (3) azithromycin;
    35    (4) sulfamethoxazole/trimethoprim;
    36    (5) doxycycline; and
    37    (6) tetracycline;
    38    (ii)  the  following  antiglaucoma  agents  used for the management of
    39  acute increases in intraocular pressure; provided, however,  an  optome-
    40  trist   may   use  or  prescribe  a  maximum  of  one  twenty-four  hour
    41  prescription and shall immediately  refer  the  patient  to  a  licensed
    42  physician specializing in diseases of the eye:
    43    (1) acetazolamide; and
    44    (2) methazolamide; and
    45    (iii) the following antiviral agents used for herpes zoster ophthalmi-
    46  cus;  provided  an  optometrist  shall  use or prescribe in maximum, one
    47  seven-day prescription; provided, however, if  a  patient  is  diagnosed
    48  with  herpes  zoster ophthalmicus and has not already been examined by a
    49  primary care physician or other appropriate  physician  for  such  viral
    50  condition,  an optometrist shall refer the patient to a licensed primary
    51  care physician, licensed physician specializing in diseases of the  eye,
    52  or other appropriate physician within three days of such diagnosis:
    53    (1) valacyclovir; and
    54    (2) acyclovir.
        A. 1193--C                          3
 
     1    §  4.  The  subdivision  heading and paragraph (a) of subdivision 4 of
     2  section 7101-a of the education law, as added by chapter 517 of the laws
     3  of 1995, are amended to read as follows:
     4    [Phase  one]  Topical  therapeutic  pharmaceutical  agents. (a) Before
     5  using or prescribing  [phase  one]  topical  therapeutic  pharmaceutical
     6  agents,  each  optometrist  shall  have completed at least three hundred
     7  hours of clinical training in the diagnosis, treatment and management of
     8  patients with ocular disease other than glaucoma  and  ocular  hyperten-
     9  sion,  not fewer than twenty-five hours of such training shall have been
    10  completed subsequent to June thirtieth,  nineteen  hundred  ninety-three
    11  and  additionally  shall  either  have taken and successfully passed the
    12  treatment and management of ocular  diseases  portion  of  the  National
    13  Board  of  Examiners  in  Optometry  test or have taken and successfully
    14  passed an examination acceptable to the board.
    15    § 5. Paragraph (b) of subdivision 4 of section 7101-a of the education
    16  law, as added by chapter 517 of the laws of 1995, is amended to read  as
    17  follows:
    18    (b) Before using or prescribing [phase two] therapeutic pharmaceutical
    19  agents for treatment of glaucoma and ocular hypertension, an optometrist
    20  must  be  certified  for  diagnostic and [phase one] topical therapeutic
    21  agents and have completed an additional one hundred  hours  of  clinical
    22  training  in  the  diagnosis,  treatment and management of patients with
    23  glaucoma and ocular hypertension, not fewer than  twenty-five  hours  of
    24  such  training shall have been completed subsequent to July first, nine-
    25  teen hundred ninety-four, and shall have taken and  successfully  passed
    26  an oral or written examination acceptable by the board.
    27    §  6. Paragraphs (c) and (d) of subdivision 4 of section 7101-a of the
    28  education law are relettered paragraphs (d) and (e) and a new  paragraph
    29  (c) is added to read as follows:
    30    (c)  Before  using  or  prescribing  oral  therapeutic  pharmaceutical
    31  agents, an optometrist must be certified to prescribe diagnostic pharma-
    32  ceutical agents and topical therapeutic and  therapeutic  pharmaceutical
    33  agents for treatment of glaucoma and ocular hypertension, have completed
    34  an  oral  therapeutic pharmaceutical agent certification course and have
    35  passed an examination within five years of the department's approval  of
    36  the  initial  certification course or the initial examination, whichever
    37  is later provided, however, an optometrist who has  commenced  the  oral
    38  therapeutic  pharmaceutical  agent  certification course within the five
    39  year time period but has not yet passed an examination shall be  allowed
    40  to  take  such examination and become certified after the five year time
    41  period provided for in this paragraph has ended.
    42    (i) The curriculum  for  the  oral  therapeutic  pharmaceutical  agent
    43  certification  course  shall include, but not be limited to, instruction
    44  in pharmacology and drug interaction in treating ocular disease  and  be
    45  taught  through  clinical case scenarios and emphasize clinical decision
    46  making and shall be no less than forty hours,  of  which  no  less  than
    47  twenty-four hours shall be live instruction.
    48    (ii)  Such  course shall qualify towards meeting the continuing educa-
    49  tion per triennial  registration  requirement  pursuant  to  subdivision
    50  seven of this section.
    51    (iii)  The  examination shall assess the knowledge of materials in the
    52  curriculum  and  reflect  the  oral  therapeutic  pharmaceutical  agents
    53  described in paragraph (g) of subdivision one of this section, and shall
    54  be acceptable to the department.
    55    (iv) The initial, and any subsequent, curriculum and examination shall
    56  be subject to review and approval by the department.
        A. 1193--C                          4
 
     1    (v)  The  requirement  for  the  oral therapeutic pharmaceutical agent
     2  certification course and examination shall not apply  to  those  optome-
     3  trists  who graduated from an accredited college of optometry subsequent
     4  to January first, two thousand twenty-one and have taken and successful-
     5  ly passed the National Board of Examiners in Optometry examination or an
     6  examination acceptable to the department.
     7    § 7. Subdivision 5 of section 7101-a of the education law, as added by
     8  chapter 517 of the laws of 1995, is amended to read as follows:
     9    5.  Suspension  of  certification.  The  department  shall suspend the
    10  certification for the use and prescribing of [phase one] topical  thera-
    11  peutic  agents of any optometrist who fails to receive certification for
    12  [phase two] therapeutic pharmaceutical agents for treatment of  glaucoma
    13  and  ocular hypertension within three years of having been certified for
    14  [phase one] topical therapeutic pharmaceutical agents.
    15    § 8. The subdivision heading of subdivision 6 of section 7101-a of the
    16  education law, as added by chapter 517 of the laws of 1995,  is  amended
    17  to read as follows:
    18    Consultation  with  use  of certain topical therapeutic pharmaceutical
    19  agents for treatment of glaucoma and ocular hypertension.
    20    § 9. Subdivision 7 of section 7101-a of the education law, as added by
    21  chapter 517 of the laws of 1995, is amended to read as follows:
    22    7. Continuing education. (a) Each optometrist certified to use  [phase
    23  one  or  phase two] topical therapeutic pharmaceutical agents and thera-
    24  peutic pharmaceutical agents for treatment of glaucoma and ocular hyper-
    25  tension, shall complete a minimum  of  thirty-six  hours  of  continuing
    26  education  in  the area of ocular disease and pharmacology per triennial
    27  registration period. [The education shall  be  in  the  area  of  ocular
    28  disease  and  pharmacology  and  may  include both didactic and clinical
    29  components.] Each optometrist certified to use oral therapeutic  pharma-
    30  ceutical  agents  shall,  in addition to the minimum thirty-six hours of
    31  continuing education provided for in this subdivision, complete an addi-
    32  tional minimum of eighteen hours  of  continuing  education  related  to
    33  systemic  disease  and  therapeutic treatment per triennial registration
    34  period. Such educational programs may include both didactic and clinical
    35  components and shall be approved  in  advance  by  the  department  [and
    36  evidence  of  the completion of this requirement shall be submitted with
    37  each application for license renewal as required by  section  sixty-five
    38  hundred  two  of this chapter]. Beginning on January first, two thousand
    39  twenty-two,  all  sponsors  of  continuing  education  courses   seeking
    40  advanced  approval from the department shall file an application and pay
    41  a fee determined by the department in accordance with the regulations of
    42  the commissioner. An optometrist  subject  to  the  provisions  of  this
    43  subdivision  whose  first registration date following the effective date
    44  of this section occurs less than three years from such  effective  date,
    45  but  on  or after January first, two thousand twenty-two, shall complete
    46  continuing education hours on a prorated basis at the rate of  one  hour
    47  per  month  for the period beginning January first, two thousand twenty-
    48  two up to the first registration date thereafter. An optometrist who has
    49  not satisfied the mandatory continuing education requirement pursuant to
    50  this subdivision shall not be issued a  triennial  registration  certif-
    51  icate by the department and shall not practice unless and until a condi-
    52  tional  registration  is issued as provided for in paragraph (b) of this
    53  subdivision. Continuing education hours taken during one  triennium  may
    54  not be transferred to the subsequent triennium.
    55    (b)  The department, in its discretion, may issue a conditional regis-
    56  tration to an optometrist who fails to  meet  the  continuing  education
        A. 1193--C                          5

     1  requirements  established  in paragraph (a) of this subdivision, but who
     2  agrees to make up any deficiencies and complete any additional education
     3  which the department may require. The fee for such a conditional  regis-
     4  tration shall be the same as, and in addition to, the fee for the trien-
     5  nial  registration.  The duration of such conditional registration shall
     6  be determined by the department, but shall  not  exceed  one  year.  Any
     7  optometrist who is notified of the denial of registration for failure to
     8  submit  evidence, satisfactory to the department, of required continuing
     9  education and who practices without such registration may be subject  to
    10  disciplinary  proceedings  pursuant to section sixty-five hundred ten of
    11  this title.
    12    (c) In accordance with the intent of this section, adjustment  to  the
    13  mandatory continuing education requirement may be granted by the depart-
    14  ment  for  reasons of health that are certified by an appropriate health
    15  care professional, for extended active duty with the armed forces of the
    16  United States, or for other good  cause  acceptable  to  the  department
    17  which may prevent compliance.
    18    (d)  An  optometrist  not  engaged  in  practice, as determined by the
    19  department, shall be exempt  from  the  mandatory  continuing  education
    20  requirement upon the filing of a statement with the department declaring
    21  such  status.  Any  licensee  who  returns  to the practice of optometry
    22  during the triennial registration period  shall  notify  the  department
    23  prior to reentering the profession and shall meet such continuing educa-
    24  tion  requirements  as shall be prescribed by regulations of the commis-
    25  sioner.
    26    (e) Optometrists subject to the provisions of this  subdivision  shall
    27  maintain  adequate  documentation of completion of acceptable continuing
    28  education credits and shall provide such documentation at the request of
    29  the department. Failure to provide such documentation upon  the  request
    30  of  the department shall be an act of misconduct subject to disciplinary
    31  proceedings pursuant to section sixty-five hundred ten of this title.
    32    (f) The mandatory continuing education fee shall be determined by  the
    33  department.    Such  fee  shall be payable on or before the first day of
    34  each triennial registration period, and shall be paid in addition to the
    35  triennial registration fee required  by  subdivision  eight  of  section
    36  seventy-one hundred four of this article.
    37    § 10. The subdivision heading and subparagraph (i) of paragraph (a) of
    38  subdivision  8 of section 7101-a of the education law, as added by chap-
    39  ter 517 of the laws of 1995, are amended to read as follows:
    40    Notice to patient with the use or prescription of topical  therapeutic
    41  pharmaceutical  agents  and therapeutic pharmaceutical agents for treat-
    42  ment of glaucoma and ocular hypertension.
    43    (i) An optometrist prescribing topical steroids or  antiviral  medica-
    44  tion  shall inform each patient that in the event the condition does not
    45  improve within five days, a physician of the patient's  choice  will  be
    46  notified.
    47    §  11. Subdivision 10 of section 7101-a of the education law, as added
    48  by chapter 517 of the laws of 1995, is amended to read as follows:
    49    10. Pharmaceutical agents. Optometrists who  have  been  approved  and
    50  certified  by  the  department  shall  be permitted to use the following
    51  drugs:
    52    (a) Diagnostic pharmaceuticals.
    53    (b) Those optometrists having been certified for [phase  one]  topical
    54  therapeutic  pharmaceutical  agents  shall be authorized [(i) to use and
    55  recommend all nonprescription medications appropriate for ocular disease
    56  whether intended for topical or oral use; and (ii)] to use and prescribe
        A. 1193--C                          6
 
     1  all [phase one] topical therapeutic pharmaceutical agents  specified  in
     2  paragraph (e) of subdivision one of this section, which are FDA approved
     3  and commercially available for topical use.
     4    In the event an optometrist treats a patient with topical antiviral or
     5  steroidal  drugs  and the patient's condition either fails to improve or
     6  worsens within five days,  the  optometrist  shall  notify  a  physician
     7  designated by the patient or, if none, by the treating optometrist.
     8    (c) Those optometrists having been certified for [phase two] therapeu-
     9  tic pharmaceutical agents for treatment of glaucoma and ocular hyperten-
    10  sion  shall  be  authorized to use and prescribe [phase two] therapeutic
    11  pharmaceutical agents for treatment of glaucoma and ocular  hypertension
    12  specified in paragraph (f) of subdivision one of this section, which are
    13  FDA approved and commercially available.
    14    (d)  Those  optometrists  having  been  certified for oral therapeutic
    15  pharmaceutical agents shall be authorized  to  use  and  prescribe  oral
    16  therapeutic pharmaceutical agents specified in paragraph (g) of subdivi-
    17  sion one of this section, which are FDA approved and commercially avail-
    18  able  and  shall  comply with all safety information and side-effect and
    19  warning advisories contained in the most current physicians' desk refer-
    20  ence.
    21    (e) Those optometrists having been certified for  topical  therapeutic
    22  pharmaceutical  agents,  therapeutic pharmaceutical agents for treatment
    23  of glaucoma and ocular hypertension or oral  therapeutic  pharmaceutical
    24  agents  shall  be  authorized  to  use and recommend all nonprescription
    25  medications, whether intended for topical or oral use,  appropriate  for
    26  the treatment of the eye and adnexa.
    27    §  12.  Subdivision 8 of section 7104 of the education law, as amended
    28  by chapter 517 of the laws of 1995, is amended to read as follows:
    29    (8) Fees: pay a fee of two hundred twenty dollars  to  the  department
    30  for  admission  to a department conducted examination and for an initial
    31  license, a fee of one hundred fifteen dollars for each reexamination,  a
    32  fee  of  one  hundred  thirty-five  dollars  for  an initial license for
    33  persons not requiring admission to a department  conducted  examination,
    34  [and]  a  fee of two hundred ten dollars for each triennial registration
    35  period, [and] for additional authorization for the purpose of  utilizing
    36  diagnostic  pharmaceutical  agents,  a  fee  of  sixty  dollars, and for
    37  certification  to  use  or  prescribe  oral  therapeutic  pharmaceutical
    38  agents, a fee of two hundred fifty dollars.
    39    §  13. This act shall take effect two years after it shall have become
    40  a law; provided that section nine of this act shall take effect  January
    41  1,  2022.   Effective immediately, the addition, amendment and/or repeal
    42  of any rule or regulation necessary for the implementation of  this  act
    43  on  its  effective  date  are  authorized  and  directed  to be made and
    44  completed on or before such effective date.