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

Summary of specific provisions

Section one amends paragraph (d) of subdivision 1 of section 7101-a of the education law, as added by chap- ter 517 of the laws of 1995, by amending subparagraph (v) and adding a new subparagraph (vi) to authorize the commissioner of health to recom- mend 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 2 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 1 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, 2013, 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 treat- ment or prevention of ocular disease. By law, such certified optome- trists are required to be held to the seine standard of care in diagno- sis, 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 SUM, 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.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 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 regu- lation necessary for the timely implementation of this act on its effec- tive date shall be promulgated on or before such effective date