S T A T E O F N E W Y O R K
________________________________________________________________________
2803
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. PAULIN, COOK, CYMBROWITZ, ABINANTI, GUNTHER,
FARRELL, WEPRIN, HEVESI, RYAN, TITUS, STIRPE, SKOUFIS, BUCHWALD, GOLD-
FEDER -- Multi-Sponsored by -- M. of A. CAHILL, CROUCH, DiPIETRO,
FRIEND, GALEF, GOODELL, GOTTFRIED, HIKIND, KEARNS, RIVERA, SIMANOWITZ,
SKARTADOS, STEC -- read once and referred 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. 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; PROVIDED HOWEVER, WHEN PRESCRIBED OR ADMINISTERED
FOR THE TREATMENT OF ACUTE ANGLE CLOSURE GLAUCOMA, THE PRESCRIBING OPTO-
METRIST SHALL MAKE ALL REASONABLE EFFORTS IMMEDIATELY THEREAFTER TO
REFER THE PATIENT TO A LICENSED PHYSICIAN SPECIALIZING IN DISEASES OF
THE EYE AND PROVIDE NOTIFICATION IN ACCORDANCE WITH SUBDIVISION SIX-A OF
THIS SECTION;
(IV) ANTIVIRALS;
(V) ONE THREE-DAY SUPPLY OF ANALGESICS, BUT SHALL NOT INCLUDE THOSE
LISTED IN SCHEDULES I AND II OF THE UNIFORM CONTROLLED SUBSTANCES ACT;
(VI) NONSTEROIDAL ANTI-INFLAMMATORY DRUGS;
(VII) ONE FOURTEEN-DAY SUPPLY OF CORTICOSTEROIDS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05046-02-5
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S 2. 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 PHASE THREE THERAPEUTIC PHARMACEUTICAL
AGENTS, AN OPTOMETRIST MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC PHARMA-
CEUTICAL AGENTS AND PHASE ONE AND PHASE TWO THERAPEUTIC PHARMACEUTICAL
AGENTS AND HAVE COMPLETED A THIRTY HOUR PHASE THREE THERAPEUTIC PHARMA-
CEUTICAL AGENT CERTIFICATION COURSE, WITH A CURRICULUM DEVELOPED BY AN
ACCREDITED COLLEGE OF OPTOMETRY IN COLLABORATION WITH A NEW YORK STATE
ACCREDITED MEDICAL SCHOOL. THE CURRICULUM, WHICH SHALL BE APPROVED BY
THE DEPARTMENT, SHALL INCLUDE, BUT NOT BE LIMITED TO, INSTRUCTION IN
PHARMACOLOGY AND DRUG INTERACTION AND BE TAUGHT THROUGH CLINICAL CASE
SCENARIOS AND EMPHASIZE CLINICAL DECISION MAKING. 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 THIRTY HOUR PHASE THREE THERAPEUTIC
PHARMACEUTICAL AGENT CERTIFICATION COURSE SHALL NOT APPLY TO THOSE OPTO-
METRISTS WHO (I) GRADUATED FROM AN ACCREDITED 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 3. 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 THIRTY HOUR
PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE PURSU-
ANT TO PARAGRAPH (C) OF SUBDIVISION FOUR OF THIS SECTION.
S 4. The opening paragraph of subdivision 6 of section 7101-a of the
education law, as added by chapter 517 of the laws of 1995, is amended
and two new subdivisions 6-a and 6-b are added to read as follows:
Consultation WITH USE OF CERTAIN PHASE TWO THERAPEUTIC PHARMACEUTICAL
AGENTS.
6-A. NOTIFICATION OF USE OF PHASE THREE THERAPEUTIC PHARMACEUTICAL
AGENTS. AN OPTOMETRIST SHALL, AS SOON AS PRACTICABLE, DOCUMENT IN THE
PATIENT'S RECORD THE PRESCRIPTION OR USE OF PHASE THREE THERAPEUTIC
PHARMACEUTICAL AGENTS. WITHIN SEVENTY-TWO HOURS OF PRESCRIBING OR USING
A PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENT, AN OPTOMETRIST SHALL
NOTIFY THE PATIENT'S PRIMARY CARE PRACTITIONER, AND DOCUMENT SUCH
NOTIFICATION WITH THE FOLLOWING INFORMATION:
(I) THE NAME OF SUCH AGENT;
(II) THE DOSE;
(III) THE FREQUENCY OF USE; AND
(IV) THE DURATION OF USE OR PRESCRIPTION.
6-B. CONSULTATION WITH USE OF PHASE THREE THERAPEUTIC PHARMACEUTICAL
AGENTS. IF IN THE PROFESSIONAL JUDGMENT OF THE OPTOMETRIST, A PATIENT'S
CONDITION DOES NOT RESULT IN AN ADEQUATE CLINICAL RESPONSE TO THE PHASE
THREE THERAPEUTIC PHARMACEUTICAL AGENT THERAPY, THE OPTOMETRIST SHALL
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CONSULT WITH THE PATIENT'S PRIMARY CARE PRACTITIONER OR THE APPROPRIATE
HEALTHCARE PROVIDER AS SOON AS CLINICALLY PRUDENT.
S 5. 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, OR PHASE THREE 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 pharmacology, AT LEAST SIX HOURS OF WHICH SHALL
RELATE SPECIFICALLY TO SYSTEMIC 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 6. The opening paragraph of subdivision 8 of section 7101-a of the
education law, as added by chapter 517 of the laws of 1995, is amended
to read as follows:
Notice to patient WITH USE OF CERTAIN PHASE TWO THERAPEUTIC PHARMACEU-
TICAL AGENTS.
S 7. Subdivision 10 of section 7101-a of the education law, as added
by chapter 517 of the laws of 1995, is amended to read as follows:
10. Pharmaceutical agents. Optometrists who have been approved and
certified by the department shall be permitted to use the following
drugs:
(a) Diagnostic pharmaceuticals.
(b) Those optometrists having been certified for phase one therapeutic
pharmaceutical agents shall be authorized [(i) to use and recommend all
nonprescription medications appropriate for ocular disease whether
intended for topical or oral use; and (ii)] to use and prescribe all
phase one therapeutic pharmaceutical agents which are FDA approved and
commercially available.
In the event an optometrist treats a patient with topical antiviral or
steroidal drugs and the patient's condition either fails to improve or
worsens within five days, the optometrist shall notify a physician
designated by the patient or, if none, by the treating optometrist.
(c) Those optometrists having been certified for phase two therapeutic
pharmaceutical agents shall be authorized to use and prescribe phase two
therapeutic pharmaceutical agents which are FDA approved and commercial-
ly available.
(D) THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR PHASE THREE THERAPEU-
TIC PHARMACEUTICAL AGENTS SHALL BE AUTHORIZED TO USE AND PRESCRIBE PHASE
THREE THERAPEUTIC PHARMACEUTICAL AGENTS WHICH ARE FDA APPROVED AND
COMMERCIALLY AVAILABLE.
(E) THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR PHASE ONE, PHASE TWO
OR PHASE THREE THERAPEUTIC PHARMACEUTICAL AGENTS SHALL BE AUTHORIZED TO
USE AND RECOMMEND ALL NONPRESCRIPTION MEDICATIONS, WHETHER INTENDED FOR
TOPICAL OR ORAL USE, APPROPRIATE FOR THE TREATMENT OF THE EYE AND
ADNEXA.
S 8. 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] IN ORDER TO
SATISFY THE REQUIREMENT THAT AN OPTOMETRIST AUTHORIZED TO USE PHARMACEU-
TICAL AGENTS FOR USE IN THE DIAGNOSIS, TREATMENT OR PREVENTION OF OCULAR
DISEASE SHALL BE HELD TO THE SAME STANDARD OF CARE IN DIAGNOSIS, USE OF
SUCH AGENTS, AND TREATMENT AS THAT DEGREE OF SKILL AND PROFICIENCY
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COMMONLY EXERCISED BY A PHYSICIAN IN THE SAME COMMUNITY, THE commission-
er 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 long-
er appropriate for their current use or for other similar reasons.]
SHALL RECOMMEND TO THE COMMISSIONER ADDITIONS OR DELETIONS TO THE LIST
OF APPROVED CATEGORIES OF DIAGNOSTIC, THERAPEUTIC AND ORAL PHARMACEU-
TICAL 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 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.