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- Floor Votes
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S01519 Summary:
BILL NO | S01519 |
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SAME AS | SAME AS A01921 |
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SPONSOR | BAILEY |
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COSPNSR | ADDABBO, GOUNARDES, HINCHEY, JACKSON, MARTUCCI, PARKER |
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MLTSPNSR | |
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Amd §§7101-a & 7104, Ed L | |
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Requires optometrists to meet certain standards, including the completion of a course, to prescribe oral medications. |
S01519 Actions:
BILL NO | S01519 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/12/2021 | REFERRED TO HIGHER EDUCATION | |||||||||||||||||||||||||||||||||||||||||||||||||
01/19/2021 | 1ST REPORT CAL.95 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/20/2021 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
01/25/2021 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
03/04/2021 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
03/04/2021 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
03/04/2021 | referred to higher education | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2021 | substituted for a1921 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2021 | ordered to third reading rules cal.295 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2021 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
10/13/2021 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
10/25/2021 | SIGNED CHAP.506 | |||||||||||||||||||||||||||||||||||||||||||||||||
10/25/2021 | APPROVAL MEMO.25 |
S01519 Committee Votes:
Go to topS01519 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
No
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Simpson
Yes
Angelino
Yes
Cook
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
No
Smith
Yes
Ashby
Yes
Cruz
No
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Aubry
Yes
Cusick
Yes
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
No
Glick
Yes
Mamdani
No
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Goodell
Yes
McDonald
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
DeStefano
Yes
Gottfried
No
McDonough
Yes
Reilly
Yes
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Dinowitz
Yes
Hawley
No
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
No
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
No
Durso
Yes
Hunter
No
Miller M
Yes
Rodriguez
Yes
Walker
Yes
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
No
Montesano
Yes
Rosenthal L
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
Yes
Jensen
ER
Nolan
Yes
Santabarbara
Yes
Williams
No
Byrne
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Sayegh
Yes
Woerner
Yes
Byrnes
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
No
Schmitt
Yes
Zebrowski
Yes
Cahill
ER
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
S01519 Text:
Go to top 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. LBD02016-01-1S. 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 withS. 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 [phase2one 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 ocular7disease and pharmacology and may include both didactic and clinical8components.] 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 [and15evidence of the completion of this requirement shall be submitted with16each application for license renewal as required by section sixty-five17hundred 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 optometryS. 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 and34recommend all nonprescription medications appropriate for ocular disease35whether 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.