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S01519 Summary:

BILL NOS01519
 
SAME ASSAME AS A01921
 
SPONSORBAILEY
 
COSPNSRADDABBO, GOUNARDES, HINCHEY, JACKSON, MARTUCCI, PARKER
 
MLTSPNSR
 
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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S01519 Actions:

BILL NOS01519
 
01/12/2021REFERRED TO HIGHER EDUCATION
01/19/20211ST REPORT CAL.95
01/20/20212ND REPORT CAL.
01/25/2021ADVANCED TO THIRD READING
03/04/2021PASSED SENATE
03/04/2021DELIVERED TO ASSEMBLY
03/04/2021referred to higher education
06/02/2021substituted for a1921
06/02/2021ordered to third reading rules cal.295
06/09/2021passed assembly
06/09/2021returned to senate
10/13/2021DELIVERED TO GOVERNOR
10/25/2021SIGNED CHAP.506
10/25/2021APPROVAL MEMO.25
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S01519 Committee Votes:

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S01519 Floor Votes:

DATE:06/09/2021Assembly Vote  YEA/NAY: 135/13
AbbateYClarkYFrontusYLalorYPaulinYSillittiY
AbinantiYColtonYGalefYLavineYPeoples-StokesYSimonNO
AndersonYConradYGallagherYLawlerYPerryYSimpsonY
AngelinoYCookYGallahanYLemondesYPheffer AmatoYSmithNO
AshbyYCruzYGandolfoNOLunsfordYPichardoYSmullenY
AubryYCusickYGiglio JAYLupardoYPretlowYSolagesY
BarclayYCymbrowitzYGiglio JMYMagnarelliYQuartYSteckY
BarnwellYDarlingYGlickNOMamdaniYRaNOSternY
BarrettYDavilaYGonzalez-RojasYManktelowYRajkumarYStirpeY
BarronYDe La RosaYGoodellYMcDonaldYRamosYTagueY
BenedettoYDeStefanoYGottfriedYMcDonoughNOReillyYTannousisY
BichotteYDickensYGriffinYMcMahonYReyesYTaylorY
BlankenbushYDilanYGuntherYMeeksYRichardsonYThieleY
BrabenecYDinowitzYHawleyYMikulinNORivera J YVanelY
BraunsteinYDiPietroNOHevesiYMiller B YRivera JDYWalczykY
BronsonYDursoNOHunterYMiller MLNORodriguezYWalkerY
BrownYEichensteinYHyndmanYMitaynesYRosenthal D YWallaceY
BurdickYEnglebrightYJacksonYMontesanoNORosenthal L YWalshY
BurgosYEpsteinYJacobsonYMorinelloYRozicYWeinsteinY
BurkeYFahyYJean-PierreYNiouYSalkaYWeprinY
ButtenschonYFallYJensenYNolanERSantabarbaraYWilliamsY
ByrneNOFernandezYJonesYNorrisYSayeghYWoernerY
ByrnesYFitzpatrickYJoynerYO'DonnellYSchmittNOZebrowskiY
CahillYForrestERKellesYOtisYSeawrightYZinermanY
CarrollYFriendYKimYPalmesanoYSeptimoYMr. SpeakerY

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S01519 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1519
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    January 12, 2021
                                       ___________
 
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed 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;
    14    (vii) cycloplegics;
    15    (viii) artificial tears and lubricants; and
    16    (ix) immunosuppressive agents.
    17    § 2. Paragraph (f) of subdivision 1 of section 7101-a of the education
    18  law, as added by chapter 517 of the laws of 1995, is amended to read  as
    19  follows:
    20    (f)  [Phase  two  therapeutic]  Therapeutic  pharmaceutical agents for
    21  treatment of glaucoma and ocular hypertension.  [Phase two]  Therapeutic
    22  pharmaceutical  agents for treatment of glaucoma and ocular hypertension
    23  shall mean those drugs which shall be limited to topical application  to
    24  the surface of the eye and shall be limited to:
    25    (i) beta blockers;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02016-01-1

        S. 1519                             2
 
     1    (ii) alpha agonists;
     2    (iii) direct acting cholinergic agents;
     3    (iv) prostaglandin analogs; and
     4    (v) carbonic anhydrase inhibitors.
     5    §  3.  Subdivision 1 of section 7101-a of the education law is amended
     6  by adding a new paragraph (g) to read as follows:
     7    (g) Oral therapeutic pharmaceutical agents. Oral  therapeutic  pharma-
     8  ceutical  agents  shall  mean  those  orally administered drugs used for
     9  therapeutic purposes solely for the treatment of diseases of the eye and
    10  adnexa and shall be limited to:
    11    (i) the following antibiotics:
    12    (1) amoxicillin/clavulanate potassium;
    13    (2) cephalexin;
    14    (3) azithromycin;
    15    (4) sulfamethoxazole/trimethoprim;
    16    (5) doxycycline; and
    17    (6) tetracycline;
    18    (ii) the following antiglaucoma agents  used  for  the  management  of
    19  acute  increases  in intraocular pressure; provided, however, an optome-
    20  trist  may  use  or  prescribe  a  maximum  of  one   twenty-four   hour
    21  prescription  and  shall  immediately  refer  the  patient to a licensed
    22  physician specializing in diseases of the eye:
    23    (1) acetazolamide; and
    24    (2) methazolamide; and
    25    (iii) the following antiviral agents used for herpes zoster ophthalmi-
    26  cus; provided an optometrist shall use  or  prescribe  in  maximum,  one
    27  seven-day  prescription;  provided,  however,  if a patient is diagnosed
    28  with herpes zoster ophthalmicus and has not already been examined  by  a
    29  primary  care  physician  or  other appropriate physician for such viral
    30  condition, an optometrist shall refer the patient to a licensed  primary
    31  care  physician, licensed physician specializing in diseases of the eye,
    32  or other appropriate physician within three days of such diagnosis:
    33    (1) valacyclovir; and
    34    (2) acyclovir.
    35    § 4. The subdivision heading and paragraph (a)  of  subdivision  4  of
    36  section 7101-a of the education law, as added by chapter 517 of the laws
    37  of 1995, are amended to read as follows:
    38    [Phase  one]  Topical  therapeutic  pharmaceutical  agents. (a) Before
    39  using or prescribing  [phase  one]  topical  therapeutic  pharmaceutical
    40  agents,  each  optometrist  shall  have completed at least three hundred
    41  hours of clinical training in the diagnosis, treatment and management of
    42  patients with ocular disease other than glaucoma  and  ocular  hyperten-
    43  sion,  not fewer than twenty-five hours of such training shall have been
    44  completed subsequent to June thirtieth,  nineteen  hundred  ninety-three
    45  and  additionally  shall  either  have taken and successfully passed the
    46  treatment and management of ocular  diseases  portion  of  the  National
    47  Board  of  Examiners  in  Optometry  test or have taken and successfully
    48  passed an examination acceptable to the board.
    49    § 5. Paragraph (b) of subdivision 4 of section 7101-a of the education
    50  law, as added by chapter 517 of the laws of 1995, is amended to read  as
    51  follows:
    52    (b) Before using or prescribing [phase two] therapeutic pharmaceutical
    53  agents for treatment of glaucoma and ocular hypertension, an optometrist
    54  must  be  certified  for  diagnostic and [phase one] topical therapeutic
    55  agents and have completed an additional one hundred  hours  of  clinical
    56  training  in  the  diagnosis,  treatment and management of patients with

        S. 1519                             3
 
     1  glaucoma and ocular hypertension, not fewer than  twenty-five  hours  of
     2  such  training shall have been completed subsequent to July first, nine-
     3  teen hundred ninety-four, and shall have taken and  successfully  passed
     4  an oral or written examination acceptable by the board.
     5    §  6. Paragraphs (c) and (d) of subdivision 4 of section 7101-a of the
     6  education law are relettered paragraphs (d) and (e) and a new  paragraph
     7  (c) is added to read as follows:
     8    (c)  Before  using  or  prescribing  oral  therapeutic  pharmaceutical
     9  agents, an optometrist must be certified to prescribe diagnostic pharma-
    10  ceutical agents and topical therapeutic and  therapeutic  pharmaceutical
    11  agents for treatment of glaucoma and ocular hypertension, have completed
    12  an  oral  therapeutic pharmaceutical agent certification course and have
    13  passed an examination within five years of the department's approval  of
    14  the  initial  certification course or the initial examination, whichever
    15  is later provided, however, an optometrist who has  commenced  the  oral
    16  therapeutic  pharmaceutical  agent  certification course within the five
    17  year time period but has not yet passed an examination shall be  allowed
    18  to  take  such examination and become certified after the five year time
    19  period provided for in this paragraph has ended.
    20    (i) The curriculum  for  the  oral  therapeutic  pharmaceutical  agent
    21  certification  course  shall include, but not be limited to, instruction
    22  in pharmacology and drug interaction in treating ocular disease  and  be
    23  taught  through  clinical case scenarios and emphasize clinical decision
    24  making and shall be no less than forty hours,  of  which  no  less  than
    25  twenty-four hours shall be live instruction.
    26    (ii)  Such  course shall qualify towards meeting the continuing educa-
    27  tion per triennial  registration  requirement  pursuant  to  subdivision
    28  seven of this section.
    29    (iii)  The  examination shall assess the knowledge of materials in the
    30  curriculum  and  reflect  the  oral  therapeutic  pharmaceutical  agents
    31  described in paragraph (g) of subdivision one of this section, and shall
    32  be acceptable to the department.
    33    (iv) The initial, and any subsequent, curriculum and examination shall
    34  be subject to review and approval by the department.
    35    (v)  The  requirement  for  the  oral therapeutic pharmaceutical agent
    36  certification course and examination shall not apply  to  those  optome-
    37  trists  who graduated from an accredited college of optometry subsequent
    38  to January first, two thousand twenty-two and have taken and successful-
    39  ly passed the National Board of Examiners in Optometry examination or an
    40  examination acceptable to the department.
    41    § 7. Subdivision 5 of section 7101-a of the education law, as added by
    42  chapter 517 of the laws of 1995, is amended to read as follows:
    43    5. Suspension of  certification.  The  department  shall  suspend  the
    44  certification  for the use and prescribing of [phase one] topical thera-
    45  peutic agents of any optometrist who fails to receive certification  for
    46  [phase  two] therapeutic pharmaceutical agents for treatment of glaucoma
    47  and ocular hypertension within three years of having been certified  for
    48  [phase one] topical therapeutic pharmaceutical agents.
    49    § 8. The subdivision heading of subdivision 6 of section 7101-a of the
    50  education  law,  as added by chapter 517 of the laws of 1995, is amended
    51  to read as follows:
    52    Consultation with use of certain  topical  therapeutic  pharmaceutical
    53  agents for treatment of glaucoma and ocular hypertension.
    54    § 9. Subdivision 7 of section 7101-a of the education law, as added by
    55  chapter 517 of the laws of 1995, is amended to read as follows:

        S. 1519                             4
 
     1    7.  Continuing education. (a) Each optometrist certified to use [phase
     2  one or phase two] topical therapeutic pharmaceutical agents  and  thera-
     3  peutic pharmaceutical agents for treatment of glaucoma and ocular hyper-
     4  tension,  shall  complete  a  minimum  of thirty-six hours of continuing
     5  education  in  the area of ocular disease and pharmacology per triennial
     6  registration period. [The education shall  be  in  the  area  of  ocular
     7  disease  and  pharmacology  and  may  include both didactic and clinical
     8  components.] Each optometrist certified to use oral therapeutic  pharma-
     9  ceutical  agents  shall,  in addition to the minimum thirty-six hours of
    10  continuing education provided for in this subdivision, complete an addi-
    11  tional minimum of eighteen hours  of  continuing  education  related  to
    12  systemic  disease  and  therapeutic treatment per triennial registration
    13  period. Such educational programs may include both didactic and clinical
    14  components and shall be approved  in  advance  by  the  department  [and
    15  evidence  of  the completion of this requirement shall be submitted with
    16  each application for license renewal as required by  section  sixty-five
    17  hundred  two  of this chapter]. Beginning on January first, two thousand
    18  twenty-three, all  sponsors  of  continuing  education  courses  seeking
    19  advanced  approval from the department shall file an application and pay
    20  a fee determined by the department in accordance with the regulations of
    21  the commissioner. An optometrist  subject  to  the  provisions  of  this
    22  subdivision  whose  first registration date following the effective date
    23  of this section occurs less than three years from such  effective  date,
    24  but on or after January first, two thousand twenty-three, shall complete
    25  continuing  education  hours on a prorated basis at the rate of one hour
    26  per month for the period beginning January first, two  thousand  twenty-
    27  three  up  to the first registration date thereafter. An optometrist who
    28  has not satisfied the mandatory continuing education requirement  pursu-
    29  ant  to  this  subdivision  shall not be issued a triennial registration
    30  certificate by the department and shall not practice unless and until  a
    31  conditional  registration  is issued as provided for in paragraph (b) of
    32  this subdivision. Continuing education hours taken during one  triennium
    33  may not be transferred to the subsequent triennium.
    34    (b)  The department, in its discretion, may issue a conditional regis-
    35  tration to an optometrist who fails to  meet  the  continuing  education
    36  requirements  established  in paragraph (a) of this subdivision, but who
    37  agrees to make up any deficiencies and complete any additional education
    38  which the department may require. The fee for such a conditional  regis-
    39  tration shall be the same as, and in addition to, the fee for the trien-
    40  nial  registration.  The duration of such conditional registration shall
    41  be determined by the department, but shall  not  exceed  one  year.  Any
    42  optometrist who is notified of the denial of registration for failure to
    43  submit  evidence, satisfactory to the department, of required continuing
    44  education and who practices without such registration may be subject  to
    45  disciplinary  proceedings  pursuant to section sixty-five hundred ten of
    46  this title.
    47    (c) In accordance with the intent of this section, adjustment  to  the
    48  mandatory continuing education requirement may be granted by the depart-
    49  ment  for  reasons of health that are certified by an appropriate health
    50  care professional, for extended active duty with the armed forces of the
    51  United States, or for other good  cause  acceptable  to  the  department
    52  which may prevent compliance.
    53    (d)  An  optometrist  not  engaged  in  practice, as determined by the
    54  department, shall be exempt  from  the  mandatory  continuing  education
    55  requirement upon the filing of a statement with the department declaring
    56  such  status.  Any  licensee  who  returns  to the practice of optometry

        S. 1519                             5

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

        S. 1519                             6
 
     1    (e)  Those  optometrists having been certified for topical therapeutic
     2  pharmaceutical agents, therapeutic pharmaceutical agents  for  treatment
     3  of  glaucoma  and ocular hypertension or oral therapeutic pharmaceutical
     4  agents shall be authorized to  use  and  recommend  all  nonprescription
     5  medications,  whether  intended for topical or oral use, appropriate for
     6  the treatment of the eye and adnexa.
     7    § 12. Subdivision 8 of section 7104 of the education law,  as  amended
     8  by chapter 517 of the laws of 1995, is amended to read as follows:
     9    (8)  Fees:  pay  a fee of two hundred twenty dollars to the department
    10  for admission to a department conducted examination and for  an  initial
    11  license,  a fee of one hundred fifteen dollars for each reexamination, a
    12  fee of one hundred  thirty-five  dollars  for  an  initial  license  for
    13  persons  not  requiring admission to a department conducted examination,
    14  [and] a fee of two hundred ten dollars for each  triennial  registration
    15  period,  [and] for additional authorization for the purpose of utilizing
    16  diagnostic pharmaceutical agents,  a  fee  of  sixty  dollars,  and  for
    17  certification  to  use  or  prescribe  oral  therapeutic  pharmaceutical
    18  agents, a fee of two hundred fifty dollars.
    19    § 13. This act shall take effect two years after it shall have  become
    20  a  law; provided that section nine of this act shall take effect January
    21  1, 2023.  Effective immediately, the addition, amendment  and/or  repeal
    22  of  any  rule or regulation necessary for the implementation of this act
    23  on its effective date are authorized to be  made  and  completed  on  or
    24  before such effective date.
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