Bill Text: NY A09830 | 2023-2024 | General Assembly | Introduced

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Bill Title: Amends the definitions of diagnostic pharmaceuticals, topical therapeutic pharmaceutical agents, and therapeutic pharmaceutical agents for treatment of glaucoma and ocular hypertension as they relate to the certification to use therapeutic drugs in the practice of optometry.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-11 - referred to higher education [A09830 Detail]

Download: New_York-2023-A09830-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9830

                   IN ASSEMBLY

                                     April 11, 2024
                                       ___________

        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Higher Education

        AN  ACT  to  amend  the education law, in relation to the use of topical
          pharmaceutical agents

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    Paragraphs (d), (e) and (f) of subdivision 1 of section
     2  7101-a of the education law, paragraph (d) as added by  chapter  517  of
     3  the laws of 1995 and paragraphs (e) and (f) as amended by chapter 506 of
     4  the laws of 2021, are amended to read as follows:
     5    (d)  Diagnostic pharmaceuticals. Diagnostic pharmaceuticals shall mean
     6  those drugs which shall be  limited  to  topical  applications  [to  the
     7  surface of the eye] for the purpose of diagnostic examination of the eye
     8  [and shall be limited to:
     9    (i) Anesthetic agents;
    10    (ii) Mydriatics;
    11    (iii) Cycloplegics;
    12    (iv) Miotics;
    13    (v)  Disclosing  agents  and other substances used in conjunction with
    14  these drugs as part of a diagnostic procedure] and adnexa.
    15    (e) Topical therapeutic  pharmaceutical  agents.  Topical  therapeutic
    16  pharmaceutical  agents  shall mean those drugs which shall be limited to
    17  topical application [to the surface of the eye] for therapeutic purposes
    18  [and shall be limited to:
    19    (i) antibiotic/antimicrobials;
    20    (ii) decongestants/anti-allergenics;
    21    (iii) non-steroidal anti-inflammatory agents;
    22    (iv) steroidal anti-inflammatory agents;
    23    (v) antiviral agents;
    24    (vi) hyperosmotic/hypertonic agents;
    25    (vii) cycloplegics;
    26    (viii) artificial tears and lubricants; and
    27    (ix) immunosuppressive agents] of the eye and adnexa.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14942-02-4
        A. 9830                             2

     1    (f) Therapeutic pharmaceutical agents for treatment  of  glaucoma  and
     2  ocular  hypertension. Therapeutic pharmaceutical agents for treatment of
     3  glaucoma and ocular hypertension shall mean those drugs which  shall  be
     4  limited to topical application [to the surface] for therapeutic purposes
     5  of the eye and [shall be limited to:
     6    (i) beta blockers;
     7    (ii) alpha agonists;
     8    (iii) direct acting cholinergic agents;
     9    (iv) prostaglandin analogs; and
    10    (v) carbonic anhydrase inhibitors] adnexa.
    11    § 2. Paragraph (e) of subdivision 4 of section 7101-a of the education
    12  law,  as  added  by chapter 517 of the laws of 1995 and as relettered by
    13  chapter 506 of the laws of 2021, is amended to read as follows:
    14    (e) The provisions of paragraphs (a) and (b) of this subdivision shall
    15  not apply to (i) graduates of an appropriate  program  approved  by  the
    16  department  who  have  successfully passed the examination on the use of
    17  diagnostic and therapeutic [drugs] agents and who  graduated  subsequent
    18  to  January  first,  nineteen hundred ninety-three; or (ii) optometrists
    19  who have been certified for at least  five  years  to  use  [phase  one]
    20  topical  therapeutic agents and [phase two drugs] therapeutic pharmaceu-
    21  tical agents for treatment of glaucoma and ocular hypertension in anoth-
    22  er jurisdiction, have demonstrated such  use  in  independently  managed
    23  patients,  and have been licensed in accordance with section seventy-one
    24  hundred four of this chapter. Provided, however, no  optometrist  exempt
    25  under this paragraph shall be permitted to use [phase one] topical ther-
    26  apeutic  pharmaceutical agents or [phase two] therapeutic pharmaceutical
    27  agents for treatment of glaucoma and ocular hypertension  prior  to  the
    28  general authorization provided to optometrists licensed in this state.
    29    §  3.  The  opening  paragraph  of  paragraph (b) and paragraph (c) of
    30  subdivision 10 of section 7101-a of the education  law,  as  amended  by
    31  chapter 506 of the laws of 2021, are amended to read as follows:
    32    Those optometrists having been certified for topical therapeutic phar-
    33  maceutical  agents  shall be authorized to use and prescribe all topical
    34  therapeutic pharmaceutical agents [specified in paragraph (e) of  subdi-
    35  vision  one  of  this  section], which are FDA approved and commercially
    36  available for topical use.
    37    (c) Those optometrists having been certified for  therapeutic  pharma-
    38  ceutical  agents for treatment of glaucoma and ocular hypertension shall
    39  be authorized to use and prescribe therapeutic pharmaceutical agents for
    40  treatment of glaucoma and ocular hypertension  [specified  in  paragraph
    41  (f)  of  subdivision  one  of  this section], which are FDA approved and
    42  commercially available.
    43    § 4. This act shall take effect immediately.