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S04469 Summary:

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S04469 Committee Votes:

S04469 Floor Votes:

S04469 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4469--B
            Cal. No. 695
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 12, 2019
                                       ___________
 
        Introduced by Sens. STAVISKY, SKOUFIS -- read twice and ordered printed,
          and  when printed to be committed to the Committee on Higher Education
          -- reported favorably from said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining  its place in the order of third reading -- passed by Senate
          and delivered to the Assembly, recalled, vote  reconsidered,  restored
          to  third  reading, amended and ordered reprinted, retaining its place
          in the order of third reading
 
        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
    15  the age of eighteen, successfully completes a curriculum and examination
    16  approved by the department demonstrating that such person has the requi-
    17  site experience to instill dilating eye drops and anesthetic  eye  drops
    18  used  in  conjunction with such dilating eye drops to the surface of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00577-08-9
        S. 4469--B                          2
 
     1  eye and registers with the department after paying the requisite fee  in
     2  accordance with the commissioner's regulations;
     3    §  2.  Section  7106  of  the education law is amended by adding a new
     4  subdivision 4 to read as follows:
     5    4. Notwithstanding subdivision seven  of  section  six  thousand  five
     6  hundred nine of this title, a licensed optometrist may delegate the care
     7  of a  patient for the specific purpose of instilling mydriatic or cyclo-
     8  plegic  eye  drops (hereinafter "dilating eye drops") and anesthetic eye
     9  drops used in conjunction with such dilating eye drops to the surface of
    10  the eye of a patient, provided that the person instilling such  dilating
    11  eye drops and anesthetic eye drops is deemed qualified to assist, and is
    12  under  the on-site supervision of a licensed optometrist. A person shall
    13  be deemed qualified for  purposes  of  this  subdivision  and  shall  be
    14  permitted to assist a licensed optometrist for the purpose of instilling
    15  dilating  eye  drops  and  anesthetic eye drops used in conjunction with
    16  such dilating eye drops only if such person is over the age of eighteen,
    17  successfully completes a curriculum  and  examination  approved  by  the
    18  department  demonstrating  the  requisite experience to instill dilating
    19  eye drops and anesthetic eye drops used in conjunction with such  dilat-
    20  ing  eye  drops to the surface of the eye and registers with the depart-
    21  ment after paying the requisite fee in accordance with  the  commission-
    22  er's regulations.
    23    §  3.  This  act shall take effect eighteen months after it shall have
    24  become a law.  Effective  immediately  the  addition,  amendment  and/or
    25  repeal  of  any  rule  or regulation necessary for the implementation of
    26  this act on its effective date are authorized to be made  and  completed
    27  on or before such date.