Authorizes optometrists certified to use therapeutic pharmaceutical agents for the treatment or prevention of ocular disease, to also use specified oral pharmaceutical agents in their practices; requires completion of a 25 hour phase three therapeutic pharmaceutical agent certification course of didactic education; permits the commissioner of health to recommend other categories of drugs that may also be prescribed.

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S3027B-2011 Actions

• Feb 24, 2012: PRINT NUMBER 3027B
• Feb 24, 2012: AMEND AND RECOMMIT TO HIGHER EDUCATION
• Jan 5, 2012: PRINT NUMBER 3027A
• Jan 5, 2012: AMEND AND RECOMMIT TO HIGHER EDUCATION
• Jan 4, 2012: REFERRED TO HIGHER EDUCATION
• Feb 7, 2011: REFERRED TO HIGHER EDUCATION

S3027B-2011 Memo

BILL NUMBER:S3027B

TITLE OF BILL:
An act to amend the education law, in relation to the practice of opto-
metry

PURPOSE OR GENERAL IDEA OF BILL:
To allow licensed optometrists who are already certified to prescribe
diagnostic and phase one and phase two therapeutic pharmaceutical agents
to prescribe certain phase three therapeutic oral medications

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph (d) of subdivision 1 of section 7101-a of
the education law, as added by chapter 517 of the laws of 1995, by
amending subparagraph (v) and adding a new subparagraph (vi) to author-
ize the commissioner of health to recommend additional categories of
diagnostic pharmaceutical drugs for use by optometrists in the treatment
of their patients.

Section two amends paragraph (e) of subdivision 1 of section 7101-a of
the education law, as added by chapter 517 of the laws of 1995, by
amending subparagraph (viii) and adding a new subparagraph (ix) to
authorize the commissioner of health to recommend additional categories
of therapeutic pharmaceutical drugs for use by optometrists in the
treatment of their patients.

Section three amends subdivision 1 of section 7101-a of the education
law by adding a new paragraph (g) that provides the definition of phase
three therapeutic pharmaceutical agents. Such drugs shall include those
listed.

Section four amends subdivision 4 of section 7101-a of the education law
by re-lettering paragraphs (c) and (d) paragraphs (d) and (e), and by
adding a new paragraph (c). Paragraph (c) provides that optometrists
must first be certified to prescribe diagnostic and phase one and phase
two therapeutic pharmaceutical agents and complete a twenty-five hour
phase three therapeutic pharmaceutical agent certification course
provided by an accredited college of optometry and approved by the
education department, before using or prescribing oral pharmaceutical
agents. The twenty-five hour course requirement shall not apply to
certain specified optometrists.

Section five amends subdivision 5 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, by providing that the
department shall suspend the certification for the use and prescribing
of phase one and phase two therapeutic agents of any optometrist who
fails to receive certification for phase three therapeutic pharmaceu-
tical agents within three years of approval by the department of the
certification course.

Section six amends subdivision 7 of section 7101-a of the education law,
as added by chapter 517 of the laws of 1995, by providing that at least
six hours of the thirty-six hours of continuing education that is
required per triennial registration period shall relate specifically to
systemic drug use and interaction.

Section seven amends subdivision 12 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, by providing that an
additional responsibility of the commissioner of health shall be that
the commissioner of health shall recommend to the commissioner of educa-
tion additions to or deletions from the list of approved categories of
diagnostic, therapeutic and oral pharmaceutical agents which are
consistent with the standard of care in the community for the diagnosis
and treatment of diseases of the eye and adnexa.

Section eight amends section 7106 of the education law by adding a new
subdivision 4 that provides that beginning January 1, 2012, an applicant
for an optometry license or a renewal of a registration in optometry
shall affirm to the department of education that such applicant is
certified in cardiopulmonary resuscitation from an approved provider.

Section nine provides the effective date.

JUSTIFICATION:
In 1995, the Legislature enacted a law authorizing a specialty certif-
ication for optometrists with training and experience to use topically
applied therapeutic pharmaceutical agents for the treatment or
prevention of ocular disease. By law, such certified optometrists are
required to be held to the seine standard of care in diagnosis, use of
such agents, and treatment as that degree of skill and proficiency
commonly exercised by a physician.

The law also directed the Commissioner of Education to appoint a tempo-
rary evaluation committee representing an equal number of optometrists
and ophthalmologists, to advise him and the Commissioner of Health as to
the optometric value of phase one and phase two therapeutic drugs. Based
on a thorough two year study by the evaluation committee, the Commis-
sioner of Education, in consultation with the Commissioner of Health,
subsequently determined that the use of both phase one and phase two
pharmaceutical agents was in the public interest and communicated that
finding, as prescribed in law, to the Speaker of the Assembly, the
Temporary President of the Senate, and the Chairs of the Senate and
Assembly Higher Education Committees.

In the years since the 1995 legislation was enacted, New Yorkers have
enjoyed enhanced access to and a. higher quality of primary eye care
services provided by optometrists who meet the qualifications set forth
in the legislation.  This new legislation extends the 1995 legislation
another modest step by permitting optometrists to prescribe for their
patients oral medications for the treatment of eye disease. In some
cases, oral (as opposed to topical) medication is necessary for the
treatment of certain eye diseases and the legislation would permit opto-

metrists (who satisfy certain continuing education requirements) to
prescribe oral medications solely in the context of treating eye
disease.

The bill would further establish consistency over the categories of
diagnostic, therapeutic and orals drugs that optometrists shall be
authorized to use by providing that the Commissioner of Health shall
recommend additions to or deletions from such categories based on wheth-
er they are the standard of care for the diagnosis and treatment of eye
disease and adnexa.

Currently, 47 states and the District of Columbia allow optometrists to
prescribe and use a range of oral pharmaceutical agents for ocular
conditions. Optometric students at SUNY College of Optometry and optome-
tric schools across the country are required to be thoroughly educated
and trained in the prescription and use of these medications. The enact-
ment of this legislation will provide New Yorkers access to the most
effective and appropriate medications that are necessary in the treat-
ment of ocular diseases and will ensure that the prescribing optometrist
is fully prepared to fulfill this responsibility.

PRIOR LEGISLATIVE HISTORY:
A.3718, 2009 and 2010 referred to higher education. Same as S.2667, 2009
and 2010 referred to higher education.  Similar to A.8001, 2007 and 2008
referred to higher education. Same as S.4519, 2007-2008 referred to
higher education. A.4329A, 2005 and 2006 referred to higher education.
Same as S.2719-A, 2005 and 2006.  Similar to A.7223, 2003 and 2004
referred to higher education. Same as S.2761, 2003 and 2004 referred to
higher education. Similar to A.8814, 2001 and 2002 referred to higher
education, Same as S.4482, 2001 and 2002 referred to higher education.

FISCAL IMPLICATION:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that any rule or regulation necessary
for the timely implementation of this act on its effective date shall be
promulgated on or before such effective date.

S3027B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3027--B

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 7, 2011
                                 ___________

  Introduced by Sens. LIBOUS, ADAMS, ADDABBO, CARLUCCI, ESPAILLAT, GRISAN-
    TI,  LANZA,  PARKER, RITCHIE, VALESKY, YOUNG, ZELDIN -- read twice and
    ordered printed, and when printed to be committed to the Committee  on
    Higher  Education  -- recommitted to the Committee on Higher Education
    in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
    amended, ordered reprinted as amended and recommitted to said  commit-
    tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
    amended and recommitted to said committee

  AN ACT to amend the education law, in relation to the practice of  opto-
    metry

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1.   Subparagraph (v) of paragraph (d)  of  subdivision  1  of
  section 7101-a of the education law, as added by chapter 517 of the laws
  of  1995,  is  amended  and  a new subparagraph (vi) is added to read as
  follows:

    (v) Disclosing agents and other substances used  in  conjunction  with
  these drugs as part of a diagnostic procedure[.];
    (VI)  SUCH ADDITIONAL CATEGORIES OF DRUGS AS MAY BE RECOMMENDED BY THE
  COMMISSIONER OF HEALTH IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION
  TWELVE OF THIS SECTION.
    S  2. Subparagraph (viii) of paragraph (e) of subdivision 1 of section
  7101-a of the education law, as added by chapter  517  of  the  laws  of
  1995,  is  amended  and  a  new  subparagraph  (ix)  is added to read as
  follows:

    (viii) artificial tears and lubricants[.];
    (IX) SUCH ADDITIONAL CATEGORIES OF DRUGS AS MAY BE RECOMMENDED BY  THE
  COMMISSIONER  OF HEALTH IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION
  TWELVE OF THIS SECTION.
    S 3. Subdivision 1 of section 7101-a of the education law  is  amended
  by adding a new paragraph (g) to read as follows:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00327-09-2

 S. 3027--B                          2

    (G)  PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENTS. PHASE THREE THERA-
  PEUTIC PHARMACEUTICAL AGENTS SHALL MEAN THOSE ORALLY ADMINISTERED  DRUGS
  USED  FOR  THERAPEUTIC PURPOSES FOR THE TREATMENT OF DISEASES OF THE EYE
  AND ADNEXA AND SHALL BE LIMITED TO:

    (I) ANTIBIOTICS;
    (II) DECONGESTANTS/ANTI-ALLERGENIC/ANTIHISTAMINES;
    (III) ANTIGLAUCOMAS;
    (IV) ANTIVIRALS;
    (V)  ANALGESICS,  EXCEPT  THOSE  LISTED  IN  SCHEDULES I AND II OF THE
  UNIFORM CONTROLLED SUBSTANCES ACT;
    (VI) NONSTEROIDAL ANTI-INFLAMMATORY DRUGS;
    (VII) SUCH ADDITIONAL CATEGORIES OF DRUGS AS MAY BE RECOMMENDED BY THE
  COMMISSIONER OF HEALTH IN ACCORDANCE WITH THE PROVISIONS OF  SUBDIVISION
  TWELVE OF THIS SECTION.
    S  4. Paragraphs (c) and (d) of subdivision 4 of section 7101-a of the
  education law are relettered paragraphs (d) and (e) and a new  paragraph
  (c) is added to read as follows:

    (C) BEFORE USING OR PRESCRIBING ORAL PHARMACEUTICAL AGENTS, AN OPTOME-
  TRIST  MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC AND PHASE ONE AND PHASE
  TWO THERAPEUTIC PHARMACEUTICAL AGENTS AND HAVE COMPLETED  A  TWENTY-FIVE
  HOUR  PHASE  THREE THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE
  OF DIDACTIC EDUCATION, PROVIDED BY AN ACCREDITED  COLLEGE  OF  OPTOMETRY
  AND  APPROVED BY THE DEPARTMENT, WHICH SHALL INCLUDE, BUT NOT BE LIMITED
  TO, INSTRUCTION IN PHARMACOLOGY AND DRUG INTERACTION.
    SUCH COURSE SHALL QUALIFY TOWARDS  MEETING  THE  THIRTY-SIX  HOURS  OF
  CONTINUING  EDUCATION  PER  TRIENNIAL  REGISTRATION  PERIOD  REQUIRED BY
  SUBDIVISION SEVEN OF THIS SECTION. THIS REQUIREMENT FOR THE  TWENTY-FIVE
  HOUR  PHASE  THREE THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE
  SHALL NOT APPLY TO THOSE OPTOMETRISTS WHO (I) GRADUATED FROM AN  ACCRED-
  ITED COLLEGE OF OPTOMETRY SUBSEQUENT TO JANUARY FIRST, TWO THOUSAND FOUR
  AND  (II)  HAVE  TAKEN  AND SUCCESSFULLY PASSED EITHER THE TREATMENT AND
  MANAGEMENT OF OCULAR DISEASES PORTION OF THE NATIONAL BOARD OF EXAMINERS
  IN OPTOMETRY OR AN EXAMINATION ACCEPTABLE TO THE BOARD.
    S 5. Subdivision 5 of section 7101-a of the education law, as added by
  chapter 517 of the laws of 1995, is amended to read as follows:

    5. Suspension of  certification.  The  department  shall  suspend  the
  certification  for  the  use  and  prescribing  of phase one therapeutic
  agents of any optometrist who fails to receive certification  for  phase
  two  therapeutic pharmaceutical agents within three years of having been
  certified for phase one therapeutic pharmaceutical agents.  THE  DEPART-
  MENT  SHALL  SUSPEND  THE  CERTIFICATION  FOR THE USE AND PRESCRIBING OF
  PHASE ONE AND PHASE TWO THERAPEUTIC AGENTS OF ANY OPTOMETRIST WHO  FAILS
  TO  RECEIVE  CERTIFICATION  FOR  PHASE  THREE THERAPEUTIC PHARMACEUTICAL
  AGENTS WITHIN THREE YEARS OF APPROVAL BY THE DEPARTMENT OF A TWENTY-FIVE
  HOUR PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENT  CERTIFICATION  COURSE
  PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
    S 6. Subdivision 7 of section 7101-a of the education law, as added by
  chapter 517 of the laws of 1995, is amended to read as follows:

    7.  Continuing  education. Each optometrist certified to use phase one
  or phase two therapeutic pharmaceutical agents shall complete a  minimum
  of  thirty-six  hours of continuing education per triennial registration
  period. The education shall be in the area of ocular disease and pharma-
  cology, AT LEAST SIX HOURS OF WHICH SHALL RELATE SPECIFICALLY TO SYSTEM-
  IC DRUG USE AND INTERACTION, and may include both didactic and  clinical
  components.  Such  educational  programs shall be approved in advance by
  the department and evidence of the completion of this requirement  shall

 S. 3027--B                          3

  be  submitted  with  each application for license renewal as required by
  section sixty-five hundred two of this chapter.
    S  7.  Subdivision 12 of section 7101-a of the education law, as added
  by chapter 517 of the laws of 1995, is amended to read as follows:

    12. Responsibilities of the commissioner of health.  The  commissioner
  of  health  [may recommend to the commissioner additions or deletions to
  the department's regulations relating to optometric use of drugs  except
  that  such recommendations shall be limited only to additions which have
  been determined to be equivalent to those drugs  already  authorized  or
  deletions  based upon a finding that the drugs are no longer appropriate
  for their current use or for other similar reasons.] SHALL RECOMMEND  TO
  THE  COMMISSIONER ADDITIONS OR DELETIONS TO THE LIST OF APPROVED CATEGO-
  RIES OF DIAGNOSTIC, THERAPEUTIC AND ORAL PHARMACEUTICAL AGENTS WHICH ARE
  CONSISTENT WITH THE STANDARD OF CARE IN THE COMMUNITY FOR THE  DIAGNOSIS
  AND TREATMENT OF DISEASES OF THE EYE AND ADNEXA.
    S  8.  Section  7106  of  the education law is amended by adding a new
  subdivision 4 to read as follows:

    4. BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN, AN APPLICANT FOR  A
  LICENSE  PURSUANT TO SECTION SEVENTY-ONE HUNDRED FOUR OF THIS ARTICLE OR
  RENEWAL OF A REGISTRATION IN OPTOMETRY SHALL AFFIRM  TO  THE  DEPARTMENT
  THAT  SUCH APPLICANT IS CERTIFIED IN CARDIOPULMONARY RESUSCITATION (CPR)
  FROM AN APPROVED PROVIDER. IN THE EVENT THE APPLICANT CANNOT  PHYSICALLY
  PERFORM CPR, THE COMMISSIONER'S REGULATIONS SHALL ALLOW THE APPLICANT TO
  MAKE  ARRANGEMENTS  FOR  ANOTHER  INDIVIDUAL IN THE OFFICE TO ADMINISTER
  CPR.
    S 9. This act shall take effect on the one hundred twentieth day after
  it shall have become a law; provided that any rule or regulation  neces-
  sary  for  the  timely  implementation of this act on its effective date
  shall be promulgated on or before such effective date.