This bill has been amended

Bill S975-2013

Authorizes optometrists to prescribe certain drugs that may be used for therapeutic purposes and taken orally

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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  • Jan 9, 2013: REFERRED TO HIGHER EDUCATION

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BILL NUMBER:S975

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

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 authorize 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 pharmaceutical 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 education 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 certification 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 temporary 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 Commissioner 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 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 optometrists (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

whether 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 optometric schools across the country are required to be thoroughly educated and trained in the prescription and use of these medications. The enactment of this legislation will provide New Yorkers access to the most effective and appropriate medications that are necessary in the treatment of ocular diseases and will ensure that the prescribing optometrist is fully prepared to fulfill this responsibility.

PRIOR LEGISLATIVE HISTORY: A.363-B, 2011 and 2012 referred to higher education. Same as S.3027-B, 2011 and 2012 referred to higher education. 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 8.4482, 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 975 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. LIBOUS -- 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 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: (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 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 FOURTEEN, 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.

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