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

Section two 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 three 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 by January 1, 2012.

Section four 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 ocular pharmacology.

Section five 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 the list of approved categories of oral pharmaceutical agents which have been determined to be the standard of care in the community for the treatment of diseases of the eye and adjoining anatomy.

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

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 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

Similar to A.8001/S.4519 (2007-2008), A.4329/S.2719-A (2005-06). Similar to A.7223/S.2761 (2003-04). Similar to A.8814 (2001-2002).

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.