Bill Text: NY S04469 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4469
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 12, 2019
                                       ___________
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Higher Education
        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 professional
     8  licensed pursuant to article one hundred thirty-one of this title in the
     9  care of a patient for the purpose of instilling mydriatic or cycloplegic
    10  eye 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 professional
    14  licensed pursuant to such article one hundred thirty-one and such person
    15  is over the age of eighteen, successfully  completes  a  curriculum  and
    16  examination  approved  by  the department demonstrating that such person
    17  has the requisite experience to instill dilating eye drops and anesthet-
    18  ic eye drops used in conjunction with such dilating  eye  drops  to  the
    19  surface  of  the  eye and registers with the department after paying the
    20  requisite fee in accordance with the commissioner's regulations;
    21    § 2. Section 7106 of the education law is  amended  by  adding  a  new
    22  subdivision 4 to read as follows:
    23    4.  Notwithstanding  subdivision  seven  of  section six thousand five
    24  hundred nine of this title, a licensed optometrist may delegate the care
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00577-04-9
        S. 4469                             2
     1  of a  patient for the specific purpose of instilling mydriatic or cyclo-
     2  plegic eye drops (hereinafter "dilating eye drops") and  anesthetic  eye
     3  drops used in conjunction with such dilating eye drops to the surface of
     4  the  eye of a patient, provided that the person instilling such dilating
     5  eye drops and anesthetic eye drops is deemed qualified to assist, and is
     6  under the on-site supervision of a licensed optometrist. A person  shall
     7  be  deemed  qualified  for  purposes  of  this  subdivision and shall be
     8  permitted to assist a licensed optometrist for the purpose of instilling
     9  dilating eye drops and anesthetic eye drops  used  in  conjunction  with
    10  such dilating eye drops only if such person is over the age of eighteen,
    11  successfully  completes  a  curriculum  and  examination approved by the
    12  department demonstrating the requisite experience  to  instill  dilating
    13  eye  drops and anesthetic eye drops used in conjunction with such dilat-
    14  ing eye drops to the surface of the eye and registers with  the  depart-
    15  ment  after  paying the requisite fee in accordance with the commission-
    16  er's regulations.
    17    § 3. This act shall take effect on the first of January next  succeed-
    18  ing  the date on which it shall have become a law. Effective immediately
    19  the addition, amendment and/or repeal of any rule or  regulation  neces-
    20  sary  for  the  implementation  of  this  act  on its effective date are
    21  authorized to be made and completed on or before such date.