Bill Text: NY S04469 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to the instilling of mydriatic or cycloplegic eye drops by persons qualified and supervised by a licensed optometrist or ophthalmologist.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-11-20 - SIGNED CHAP.517 [S04469 Detail]
Download: New_York-2019-S04469-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4469--B Cal. No. 695 2019-2020 Regular Sessions IN SENATE March 12, 2019 ___________ Introduced by Sens. STAVISKY, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to the delegation of certain professional responsibilities for instilling mydriatic or cycloplegic eye drops The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 25 of section 6530 of the education law, as 2 added by chapter 606 of the laws of 1991, is amended to read as follows: 3 25. a. Delegating professional responsibilities to a person when the 4 licensee delegating such responsibilities knows or has reason to know 5 that such person is not qualified, by training, by experience, or by 6 licensure, to perform them[;]. 7 b. A person shall be deemed qualified to assist a physician licensed 8 pursuant to article one hundred thirty-one of this title in the care of 9 a patient for the purpose of instilling mydriatic or cycloplegic eye 10 drops (hereinafter "dilating eye drops") and anesthetic eye drops in 11 conjunction with such dilating drops to the surface of the eye of a 12 patient, provided that the person instilling such dilating eye drops and 13 anesthetic eye drops is under the on-site supervision of a physician 14 pursuant to such article one hundred thirty-one and such person is over 15 the age of eighteen, successfully completes a curriculum and examination 16 approved by the department demonstrating that such person has the requi- 17 site experience to instill dilating eye drops and anesthetic eye drops 18 used in conjunction with such dilating eye drops to the surface of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00577-08-9S. 4469--B 2 1 eye and registers with the department after paying the requisite fee in 2 accordance with the commissioner's regulations; 3 § 2. Section 7106 of the education law is amended by adding a new 4 subdivision 4 to read as follows: 5 4. Notwithstanding subdivision seven of section six thousand five 6 hundred nine of this title, a licensed optometrist may delegate the care 7 of a patient for the specific purpose of instilling mydriatic or cyclo- 8 plegic eye drops (hereinafter "dilating eye drops") and anesthetic eye 9 drops used in conjunction with such dilating eye drops to the surface of 10 the eye of a patient, provided that the person instilling such dilating 11 eye drops and anesthetic eye drops is deemed qualified to assist, and is 12 under the on-site supervision of a licensed optometrist. A person shall 13 be deemed qualified for purposes of this subdivision and shall be 14 permitted to assist a licensed optometrist for the purpose of instilling 15 dilating eye drops and anesthetic eye drops used in conjunction with 16 such dilating eye drops only if such person is over the age of eighteen, 17 successfully completes a curriculum and examination approved by the 18 department demonstrating the requisite experience to instill dilating 19 eye drops and anesthetic eye drops used in conjunction with such dilat- 20 ing eye drops to the surface of the eye and registers with the depart- 21 ment after paying the requisite fee in accordance with the commission- 22 er's regulations. 23 § 3. This act shall take effect eighteen months after it shall have 24 become a law. Effective immediately the addition, amendment and/or 25 repeal of any rule or regulation necessary for the implementation of 26 this act on its effective date are authorized to be made and completed 27 on or before such date.