A01921 Summary:

BILL NOA01921
 
SAME ASSAME AS S01519
 
SPONSORPaulin
 
COSPNSRCook, 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, Miller B, Morinello, Fitzpatrick, Dickens, Magnarelli, Pichardo, Santabarbara, Giglio JM, Rosenthal D, Kim, Rodriguez, Abbate, Jones, Vanel, McDonough, Aubry, Rosenthal L, Englebright, Lavine, Joyner, Seawright, Miller M, Fernandez, Fall, Reilly, Reyes, Salka, Wallace, Jacobson, Jean-Pierre, Manktelow, Taylor, Benedetto, Stern, Griffin, Buttenschon, Eichenstein, Lupardo, Woerner, Angelino, McDonald, Lemondes, Jensen
 
MLTSPNSRBarclay, Blankenbush, Cahill, Carroll, Cusick, Davila, Epstein, Friend, Galef, Goodell, Gottfried, Hawley, Palmesano, Perry, Quart, Rivera J, Tague, Thiele, Walsh
 
Amd 7101-a & 7104, Ed L
 
Requires optometrists to meet certain standards, including the completion of a course, to prescribe oral medications.
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A01921 Actions:

BILL NOA01921
 
01/13/2021referred to higher education
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A01921 Committee Votes:

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A01921 Floor Votes:

There are no votes for this bill in this legislative session.
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A01921 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1921
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:

     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
     6  shall be limited to topical application to the surface of  the  eye  for
     7  therapeutic purposes and shall be limited to:
     8    (i) antibiotic/antimicrobials;
     9    (ii) decongestants/anti-allergenics;
    10    (iii) non-steroidal anti-inflammatory agents;
    11    (iv) steroidal anti-inflammatory agents;
    12    (v) antiviral agents;
    13    (vi) hyperosmotic/hypertonic agents;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02016-01-1

        A. 1921                             2
 
     1    (vii) cycloplegics;
     2    (viii) artificial tears and lubricants; and
     3    (ix) immunosuppressive agents.
     4    § 2. Paragraph (f) of subdivision 1 of section 7101-a of the education
     5  law,  as added by chapter 517 of the laws of 1995, is amended to read as
     6  follows:
     7    (f) [Phase two  therapeutic]  Therapeutic  pharmaceutical  agents  for
     8  treatment  of glaucoma and ocular hypertension.  [Phase two] Therapeutic
     9  pharmaceutical agents for treatment of glaucoma and ocular  hypertension
    10  shall  mean those drugs which shall be limited to topical application to
    11  the surface of the eye and shall be limited to:
    12    (i) beta blockers;
    13    (ii) alpha agonists;
    14    (iii) direct acting cholinergic agents;
    15    (iv) prostaglandin analogs; and
    16    (v) carbonic anhydrase inhibitors.
    17    § 3. Subdivision 1 of section 7101-a of the education law  is  amended
    18  by adding a new paragraph (g) to read as follows:
    19    (g)  Oral  therapeutic pharmaceutical agents. Oral therapeutic pharma-
    20  ceutical agents shall mean those  orally  administered  drugs  used  for
    21  therapeutic purposes solely for the treatment of diseases of the eye and
    22  adnexa and shall be limited to:
    23    (i) the following antibiotics:
    24    (1) amoxicillin/clavulanate potassium;
    25    (2) cephalexin;
    26    (3) azithromycin;
    27    (4) sulfamethoxazole/trimethoprim;
    28    (5) doxycycline; and
    29    (6) tetracycline;
    30    (ii)  the  following  antiglaucoma  agents  used for the management of
    31  acute increases in intraocular pressure; provided, however,  an  optome-
    32  trist   may   use  or  prescribe  a  maximum  of  one  twenty-four  hour
    33  prescription and shall immediately  refer  the  patient  to  a  licensed
    34  physician specializing in diseases of the eye:
    35    (1) acetazolamide; and
    36    (2) methazolamide; and
    37    (iii) the following antiviral agents used for herpes zoster ophthalmi-
    38  cus;  provided  an  optometrist  shall  use or prescribe in maximum, one
    39  seven-day prescription; provided, however, if  a  patient  is  diagnosed
    40  with  herpes  zoster ophthalmicus and has not already been examined by a
    41  primary care physician or other appropriate  physician  for  such  viral
    42  condition,  an optometrist shall refer the patient to a licensed primary
    43  care physician, licensed physician specializing in diseases of the  eye,
    44  or other appropriate physician within three days of such diagnosis:
    45    (1) valacyclovir; and
    46    (2) acyclovir.
    47    §  4.  The  subdivision  heading and paragraph (a) of subdivision 4 of
    48  section 7101-a of the education law, as added by chapter 517 of the laws
    49  of 1995, are amended to read as follows:
    50    [Phase one] Topical  therapeutic  pharmaceutical  agents.  (a)  Before
    51  using  or  prescribing  [phase  one]  topical therapeutic pharmaceutical
    52  agents, each optometrist shall have completed  at  least  three  hundred
    53  hours of clinical training in the diagnosis, treatment and management of
    54  patients  with  ocular  disease other than glaucoma and ocular hyperten-
    55  sion, not fewer than twenty-five hours of such training shall have  been
    56  completed  subsequent  to  June thirtieth, nineteen hundred ninety-three

        A. 1921                             3
 
     1  and additionally shall either have taken  and  successfully  passed  the
     2  treatment  and  management  of  ocular  diseases portion of the National
     3  Board of Examiners in Optometry test  or  have  taken  and  successfully
     4  passed an examination acceptable to the board.
     5    § 5. Paragraph (b) of subdivision 4 of section 7101-a of the education
     6  law,  as added by chapter 517 of the laws of 1995, is amended to read as
     7  follows:
     8    (b) Before using or prescribing [phase two] therapeutic pharmaceutical
     9  agents for treatment of glaucoma and ocular hypertension, an optometrist
    10  must be certified for diagnostic and  [phase  one]  topical  therapeutic
    11  agents  and  have  completed an additional one hundred hours of clinical
    12  training in the diagnosis, treatment and  management  of  patients  with
    13  glaucoma  and  ocular  hypertension, not fewer than twenty-five hours of
    14  such training shall have been completed subsequent to July first,  nine-
    15  teen  hundred  ninety-four, and shall have taken and successfully passed
    16  an oral or written examination acceptable by the board.
    17    § 6. Paragraphs (c) and (d) of subdivision 4 of section 7101-a of  the
    18  education  law are relettered paragraphs (d) and (e) and a new paragraph
    19  (c) is added to read as follows:
    20    (c)  Before  using  or  prescribing  oral  therapeutic  pharmaceutical
    21  agents, an optometrist must be certified to prescribe diagnostic pharma-
    22  ceutical  agents  and topical therapeutic and therapeutic pharmaceutical
    23  agents for treatment of glaucoma and ocular hypertension, have completed
    24  an oral therapeutic pharmaceutical agent certification course  and  have
    25  passed  an examination within five years of the department's approval of
    26  the initial certification course or the initial  examination,  whichever
    27  is  later  provided,  however, an optometrist who has commenced the oral
    28  therapeutic pharmaceutical agent certification course  within  the  five
    29  year  time period but has not yet passed an examination shall be allowed
    30  to take such examination and become certified after the five  year  time
    31  period provided for in this paragraph has ended.
    32    (i)  The  curriculum  for  the  oral  therapeutic pharmaceutical agent
    33  certification course shall include, but not be limited  to,  instruction
    34  in  pharmacology  and drug interaction in treating ocular disease and be
    35  taught through clinical case scenarios and emphasize  clinical  decision
    36  making  and  shall  be  no  less than forty hours, of which no less than
    37  twenty-four hours shall be live instruction.
    38    (ii) Such course shall qualify towards meeting the  continuing  educa-
    39  tion  per  triennial  registration  requirement  pursuant to subdivision
    40  seven of this section.
    41    (iii) The examination shall assess the knowledge of materials  in  the
    42  curriculum  and  reflect  the  oral  therapeutic  pharmaceutical  agents
    43  described in paragraph (g) of subdivision one of this section, and shall
    44  be acceptable to the department.
    45    (iv) The initial, and any subsequent, curriculum and examination shall
    46  be subject to review and approval by the department.
    47    (v) The requirement for  the  oral  therapeutic  pharmaceutical  agent
    48  certification  course  and  examination shall not apply to those optome-
    49  trists who graduated from an accredited college of optometry  subsequent
    50  to January first, two thousand twenty-two and have taken and successful-
    51  ly passed the National Board of Examiners in Optometry examination or an
    52  examination acceptable to the department.
    53    § 7. Subdivision 5 of section 7101-a of the education law, as added by
    54  chapter 517 of the laws of 1995, is amended to read as follows:
    55    5.  Suspension  of  certification.  The  department  shall suspend the
    56  certification for the use and prescribing of [phase one] topical  thera-

        A. 1921                             4
 
     1  peutic  agents of any optometrist who fails to receive certification for
     2  [phase two] therapeutic pharmaceutical agents for treatment of  glaucoma
     3  and  ocular hypertension within three years of having been certified for
     4  [phase one] topical therapeutic pharmaceutical agents.
     5    § 8. The subdivision heading of subdivision 6 of section 7101-a of the
     6  education  law,  as added by chapter 517 of the laws of 1995, is amended
     7  to read as follows:
     8    Consultation with use of certain  topical  therapeutic  pharmaceutical
     9  agents for treatment of glaucoma and ocular hypertension.
    10    § 9. Subdivision 7 of section 7101-a of the education law, as added by
    11  chapter 517 of the laws of 1995, is amended to read as follows:
    12    7.  Continuing education. (a) Each optometrist certified to use [phase
    13  one or phase two] topical therapeutic pharmaceutical agents  and  thera-
    14  peutic pharmaceutical agents for treatment of glaucoma and ocular hyper-
    15  tension,  shall  complete  a  minimum  of thirty-six hours of continuing
    16  education in the area of ocular disease and pharmacology  per  triennial
    17  registration  period.  [The  education  shall  be  in the area of ocular
    18  disease and pharmacology and may  include  both  didactic  and  clinical
    19  components.]  Each optometrist certified to use oral therapeutic pharma-
    20  ceutical agents shall, in addition to the minimum  thirty-six  hours  of
    21  continuing education provided for in this subdivision, complete an addi-
    22  tional  minimum  of  eighteen  hours  of continuing education related to
    23  systemic disease and therapeutic treatment  per  triennial  registration
    24  period. Such educational programs may include both didactic and clinical
    25  components  and  shall  be  approved  in  advance by the department [and
    26  evidence of the completion of this requirement shall be  submitted  with
    27  each  application  for license renewal as required by section sixty-five
    28  hundred two of this chapter]. Beginning on January first,  two  thousand
    29  twenty-three,  all  sponsors  of  continuing  education  courses seeking
    30  advanced approval from the department shall file an application and  pay
    31  a fee determined by the department in accordance with the regulations of
    32  the  commissioner.  An  optometrist  subject  to  the provisions of this
    33  subdivision whose first registration date following the  effective  date
    34  of  this  section occurs less than three years from such effective date,
    35  but on or after January first, two thousand twenty-three, shall complete
    36  continuing education hours on a prorated basis at the rate of  one  hour
    37  per  month  for the period beginning January first, two thousand twenty-
    38  three up to the first registration date thereafter. An  optometrist  who
    39  has  not satisfied the mandatory continuing education requirement pursu-
    40  ant to this subdivision shall not be  issued  a  triennial  registration
    41  certificate  by the department and shall not practice unless and until a
    42  conditional registration is issued as provided for in paragraph  (b)  of
    43  this  subdivision. Continuing education hours taken during one triennium
    44  may not be transferred to the subsequent triennium.
    45    (b) The department, in its discretion, may issue a conditional  regis-
    46  tration  to  an  optometrist  who fails to meet the continuing education
    47  requirements established in paragraph (a) of this subdivision,  but  who
    48  agrees to make up any deficiencies and complete any additional education
    49  which  the department may require. The fee for such a conditional regis-
    50  tration shall be the same as, and in addition to, the fee for the trien-
    51  nial registration.  The duration of such conditional registration  shall
    52  be  determined  by  the  department,  but shall not exceed one year. Any
    53  optometrist who is notified of the denial of registration for failure to
    54  submit evidence, satisfactory to the department, of required  continuing
    55  education  and who practices without such registration may be subject to

        A. 1921                             5

     1  disciplinary proceedings pursuant to section sixty-five hundred  ten  of
     2  this title.
     3    (c)  In  accordance with the intent of this section, adjustment to the
     4  mandatory continuing education requirement may be granted by the depart-
     5  ment for reasons of health that are certified by an  appropriate  health
     6  care professional, for extended active duty with the armed forces of the
     7  United  States,  or  for  other  good cause acceptable to the department
     8  which may prevent compliance.
     9    (d) An optometrist not engaged  in  practice,  as  determined  by  the
    10  department,  shall  be  exempt  from  the mandatory continuing education
    11  requirement upon the filing of a statement with the department declaring
    12  such status. Any licensee who  returns  to  the  practice  of  optometry
    13  during  the  triennial  registration  period shall notify the department
    14  prior to reentering the profession and shall meet such continuing educa-
    15  tion requirements as shall be prescribed by regulations of  the  commis-
    16  sioner.
    17    (e)  Optometrists  subject to the provisions of this subdivision shall
    18  maintain adequate documentation of completion of  acceptable  continuing
    19  education credits and shall provide such documentation at the request of
    20  the  department.  Failure to provide such documentation upon the request
    21  of the department shall be an act of misconduct subject to  disciplinary
    22  proceedings pursuant to section sixty-five hundred ten of this title.
    23    (f)  The mandatory continuing education fee shall be determined by the
    24  department.  Such fee shall be payable on or before  the  first  day  of
    25  each triennial registration period, and shall be paid in addition to the
    26  triennial  registration  fee  required  by  subdivision eight of section
    27  seventy-one hundred four of this article.
    28    § 10. The subdivision heading and subparagraph (i) of paragraph (a) of
    29  subdivision 8 of section 7101-a of the education law, as added by  chap-
    30  ter 517 of the laws of 1995, are amended to read as follows:
    31    Notice  to patient with the use or prescription of topical therapeutic
    32  pharmaceutical agents and therapeutic pharmaceutical agents  for  treat-
    33  ment of glaucoma and ocular hypertension.
    34    (i)  An  optometrist prescribing topical steroids or antiviral medica-
    35  tion shall inform each patient that in the event the condition does  not
    36  improve  within  five  days, a physician of the patient's choice will be
    37  notified.
    38    § 11. Subdivision 10 of section 7101-a of the education law, as  added
    39  by chapter 517 of the laws of 1995, is amended to read as follows:
    40    10.  Pharmaceutical  agents.  Optometrists  who have been approved and
    41  certified by the department shall be  permitted  to  use  the  following
    42  drugs:
    43    (a) Diagnostic pharmaceuticals.
    44    (b)  Those  optometrists having been certified for [phase one] topical
    45  therapeutic pharmaceutical agents shall be authorized [(i)  to  use  and
    46  recommend all nonprescription medications appropriate for ocular disease
    47  whether intended for topical or oral use; and (ii)] to use and prescribe
    48  all  [phase  one] topical therapeutic pharmaceutical agents specified in
    49  paragraph (e) of subdivision one of this section, which are FDA approved
    50  and commercially available for topical use.
    51    In the event an optometrist treats a patient with topical antiviral or
    52  steroidal drugs and the patient's condition either fails to  improve  or
    53  worsens  within  five  days,  the  optometrist  shall notify a physician
    54  designated by the patient or, if none, by the treating optometrist.
    55    (c) Those optometrists having been certified for [phase two] therapeu-
    56  tic pharmaceutical agents for treatment of glaucoma and ocular hyperten-

        A. 1921                             6

     1  sion shall be authorized to use and prescribe  [phase  two]  therapeutic
     2  pharmaceutical  agents for treatment of glaucoma and ocular hypertension
     3  specified in paragraph (f) of subdivision one of this section, which are
     4  FDA approved and commercially available.
     5    (d)  Those  optometrists  having  been  certified for oral therapeutic
     6  pharmaceutical agents shall be authorized  to  use  and  prescribe  oral
     7  therapeutic pharmaceutical agents specified in paragraph (g) of subdivi-
     8  sion one of this section, which are FDA approved and commercially avail-
     9  able  and  shall  comply with all safety information and side-effect and
    10  warning advisories contained in the most current physicians' desk refer-
    11  ence.
    12    (e) Those optometrists having been certified for  topical  therapeutic
    13  pharmaceutical  agents,  therapeutic pharmaceutical agents for treatment
    14  of glaucoma and ocular hypertension or oral  therapeutic  pharmaceutical
    15  agents  shall  be  authorized  to  use and recommend all nonprescription
    16  medications, whether intended for topical or oral use,  appropriate  for
    17  the treatment of the eye and adnexa.
    18    §  12.  Subdivision 8 of section 7104 of the education law, as amended
    19  by chapter 517 of the laws of 1995, is amended to read as follows:
    20    (8) Fees: pay a fee of two hundred twenty dollars  to  the  department
    21  for  admission  to a department conducted examination and for an initial
    22  license, a fee of one hundred fifteen dollars for each reexamination,  a
    23  fee  of  one  hundred  thirty-five  dollars  for  an initial license for
    24  persons not requiring admission to a department  conducted  examination,
    25  [and]  a  fee of two hundred ten dollars for each triennial registration
    26  period, [and] for additional authorization for the purpose of  utilizing
    27  diagnostic  pharmaceutical  agents,  a  fee  of  sixty  dollars, and for
    28  certification  to  use  or  prescribe  oral  therapeutic  pharmaceutical
    29  agents, a fee of two hundred fifty dollars.
    30    §  13. This act shall take effect two years after it shall have become
    31  a law; provided that section nine of this act shall take effect  January
    32  1,  2023.   Effective immediately, the addition, amendment and/or repeal
    33  of any rule or regulation necessary for the implementation of  this  act
    34  on  its  effective  date  are  authorized to be made and completed on or
    35  before such effective date.
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