STATE OF NEW YORK
________________________________________________________________________
3822--D
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. McDONALD, GUNTHER, PICHARDO, SEAWRIGHT, GARBARI-
NO, WILLIAMS, DICKENS, LUPARDO, FAHY, D'URSO, ARROYO, MONTESANO, COOK,
GOTTFRIED, LAVINE, RA, SMITH, ASHBY, REYES, STIRPE, SIMON -- Multi-
Sponsored by -- M. of A. SAYEGH -- 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 -- 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 delegation of
certain professional responsibilities for instilling mydriatic or
cycloplegic eye drops
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 25 of section 6530 of the education law, as
2 added by chapter 606 of the laws of 1991, is amended to read as follows:
3 25. a. Delegating professional responsibilities to a person when the
4 licensee delegating such responsibilities knows or has reason to know
5 that such person is not qualified, by training, by experience, or by
6 licensure, to perform them[;].
7 b. A person shall be deemed qualified to assist a physician licensed
8 pursuant to article one hundred thirty-one of this title in the care of
9 a patient for the purpose of instilling mydriatic or cycloplegic eye
10 drops (hereinafter "dilating eye drops") and anesthetic eye drops in
11 conjunction with such dilating drops to the surface of the eye of a
12 patient, provided that the person instilling such dilating eye drops and
13 anesthetic eye drops is under the on-site supervision of a physician
14 pursuant to such article one hundred thirty-one and such person is over
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00577-07-9
A. 3822--D 2
1 the age of eighteen, successfully completes a curriculum and examination
2 approved by the department demonstrating that such person has the requi-
3 site experience to instill dilating eye drops and anesthetic eye drops
4 used in conjunction with such dilating eye drops to the surface of the
5 eye and registers with the department after paying the requisite fee in
6 accordance with the commissioner's regulations;
7 § 2. Section 7106 of the education law is amended by adding a new
8 subdivision 4 to read as follows:
9 4. Notwithstanding subdivision seven of section six thousand five
10 hundred nine of this title, a licensed optometrist may delegate the care
11 of a patient for the specific purpose of instilling mydriatic or cyclo-
12 plegic eye drops (hereinafter "dilating eye drops") and anesthetic eye
13 drops used in conjunction with such dilating eye drops to the surface of
14 the eye of a patient, provided that the person instilling such dilating
15 eye drops and anesthetic eye drops is deemed qualified to assist, and is
16 under the on-site supervision of a licensed optometrist. A person shall
17 be deemed qualified for purposes of this subdivision and shall be
18 permitted to assist a licensed optometrist for the purpose of instilling
19 dilating eye drops and anesthetic eye drops used in conjunction with
20 such dilating eye drops only if such person is over the age of eighteen,
21 successfully completes a curriculum and examination approved by the
22 department demonstrating the requisite experience to instill dilating
23 eye drops and anesthetic eye drops used in conjunction with such dilat-
24 ing eye drops to the surface of the eye and registers with the depart-
25 ment after paying the requisite fee in accordance with the commission-
26 er's regulations.
27 § 3. This act shall take effect eighteen months after it shall have
28 become a law. Effective immediately the addition, amendment and/or
29 repeal of any rule or regulation necessary for the implementation of
30 this act on its effective date are authorized to be made and completed
31 on or before such date.
