S T A T E   O F   N E W   Y O R K
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                                 9961--A

                          I N  A S S E M B L Y

                               May 2, 2016
                               ___________

Introduced  by  M.  of  A.  PAULIN, COOK, CYMBROWITZ, ABINANTI, GUNTHER,
  FARRELL, WEPRIN, HEVESI, RYAN, TITUS, STIRPE, SKOUFIS, BUCHWALD, GOLD-
  FEDER, DiPIETRO, BRABENEC, GRAF, BLAKE, FAHY, ORTIZ, COLTON, WALTER --
  Multi-Sponsored by -- M. of A. BARCLAY, BLANKENBUSH,  CAHILL,  CROUCH,
  FRIEND,  GALEF,  GOODELL,  GOTTFRIED,  HIKIND, KEARNS, LUPARDO, MAGEE,
  PALMESANO, RIVERA, SKARTADOS, STEC, WOERNER -- read once and  referred
  to  the  Committee  on  Higher Education -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the education law, in relation to the use of oral medi-
  cations by optometrists; and  providing  for  the  repeal  of  certain
  provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (e) of subdivision 1 of  section  7101-a  of  the
education  law,  as added by chapter 517 of the laws of 1995, is amended
to read as follows:
  (e) [Phase one] TOPICAL therapeutic pharmaceutical agents. [Phase one]
TOPICAL THERAPEUTIC pharmaceutical agents shall mean those  drugs  which
shall  be  limited  to topical application to the surface of the eye for
therapeutic purposes and shall be limited to:
  (i) antibiotic/antimicrobials;
  (ii) decongestants/anti-allergenics;
  (iii) non-steroidal anti-inflammatory agents;
  (iv) steroidal anti-inflammatory agents;
  (v) antiviral agents;
  (vi) hyperosmotic/hypertonic agents;
  (vii) cycloplegics;
  (viii) artificial tears and lubricants; AND
  (IX) IMMUNOSUPPRESSIVE AGENTS.
  S 2. Paragraph (f) of subdivision 1 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, is amended to read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15035-08-6
              

A. 9961--A                          2

  (f)  [Phase  two  therapeutic]  THERAPEUTIC  pharmaceutical agents FOR
TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION.  [Phase two]  THERAPEUTIC
pharmaceutical  agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION
shall mean those drugs which shall be limited to topical application  to
the surface of the eye and shall be limited to:
  (i) beta blockers;
  (ii) alpha agonists;
  (iii) direct acting cholinergic agents;
  (IV) PROSTAGLANDIN ANALOGS; AND
  (V) CARBONIC ANHYDRASE INHIBITORS.
  S  3.  Subdivision 1 of section 7101-a of the education law is amended
by adding a new paragraph (g) to read as follows:
  (G) ORAL THERAPEUTIC PHARMACEUTICAL AGENTS. ORAL  THERAPEUTIC  PHARMA-
CEUTICAL  AGENTS  SHALL  MEAN  THOSE  ORALLY ADMINISTERED DRUGS USED FOR
THERAPEUTIC PURPOSES SOLELY FOR THE TREATMENT OF DISEASES OF THE EYE AND
ADNEXA AND SHALL BE LIMITED TO:
  (I) THE FOLLOWING ANTIBIOTICS, INCLUDING, WHERE APPLICABLE, THE GENER-
IC EQUIVALENT OF ANY OF THE LISTED DRUGS:
  (1) AUGMENTIN;
  (2) KEFLEX;
  (3) AZITHROMYCIN;
  (4) BACTRIM;
  (5) DOXYCYCLINE; AND
  (6) TETRACYCLINE;
  (II)   THE   FOLLOWING   DECONGESTANTS/ANTI-ALLERGENIC/ANTIHISTAMINES,
INCLUDING THE GENERIC EQUIVALENTS OF THE LISTED DRUGS:
  (1) CLARINEX;
  (2) XYZAL; AND
  (3) SINGULAIR;
  (III)  THE FOLLOWING ANTIGLAUCOMA AGENTS, INCLUDING THE GENERIC EQUIV-
ALENTS OF SUCH AGENTS, USED FOR THE MANAGEMENT  OF  ACUTE  INCREASES  IN
INTRAOCULAR  PRESSURE;  PROVIDED,  HOWEVER,  AN  OPTOMETRIST  MAY USE OR
PRESCRIBE A MAXIMUM OF ONE TWENTY-FOUR HOUR PRESCRIPTION AND SHALL IMME-
DIATELY REFER THE  PATIENT  TO  A  LICENSED  PHYSICIAN  SPECIALIZING  IN
DISEASES OF THE EYE:
  (1) DIAMOX; AND
  (2) NEPTAZANE;
  (IV)  THE  FOLLOWING  ANTIVIRAL AGENTS FOR HERPES ZOSTER OPHTHALMICUS;
PROVIDED AN OPTOMETRIST SHALL USE OR  PRESCRIBE  IN  MAXIMUM,  SEVEN-DAY
PRESCRIPTIONS;  PROVIDED, HOWEVER, IF A PATIENT IS DIAGNOSED WITH HERPES
ZOSTER OPHTHALMICUS AND HAS NOT ALREADY BEEN EXAMINED BY A PRIMARY  CARE
PHYSICIAN  OR  OTHER  APPROPRIATE PHYSICIAN FOR SUCH VIRAL CONDITION, AN
OPTOMETRIST SHALL REFER THE PATIENT TO A LICENSED  PRIMARY  CARE  PHYSI-
CIAN,  LICENSED  PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE, OR OTHER
APPROPRIATE PHYSICIAN WITHIN THREE DAYS OF SUCH DIAGNOSIS:
  (1) VALACYCLOVIR; AND
  (2) ACYCLOVIR; AND
  (V) THE FOLLOWING NON-STEROIDAL ANTI-INFLAMMATORY AGENTS:
  (1) COX-2 INHIBITORS;
  (2) IBUPROFEN; AND
  (3) NAPROXEN.
  S 4. The subdivision heading and paragraph (a)  of  subdivision  4  of
section 7101-a of the education law, as added by chapter 517 of the laws
of 1995, is amended to read as follows:
  [Phase  one]  TOPICAL  therapeutic  pharmaceutical  agents. (a) Before
using or prescribing  [phase  one]  TOPICAL  therapeutic  pharmaceutical

A. 9961--A                          3

agents,  each  optometrist  shall  have completed at least three hundred
hours of clinical training in the diagnosis, treatment and management of
patients with ocular disease other than glaucoma  and  ocular  hyperten-
sion,  not fewer than twenty-five hours of such training shall have been
completed subsequent to June thirtieth,  nineteen  hundred  ninety-three
and  additionally  shall  either  have taken and successfully passed the
treatment and management of ocular  diseases  portion  of  the  National
Board  of  Examiners  in  Optometry  test or have taken and successfully
passed an examination acceptable to the board.
  S 5. Paragraph (b) of subdivision 4 of section 7101-a of the education
law, as added by chapter 517 of the laws of 1995, is amended to read  as
follows:
  (b) Before using or prescribing [phase two] therapeutic pharmaceutical
agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION, an optometrist
must  be  certified  for  diagnostic and [phase one] TOPICAL therapeutic
agents and have completed an additional one hundred  hours  of  clinical
training  in  the  diagnosis,  treatment and management of patients with
glaucoma and ocular hypertension, not fewer than  twenty-five  hours  of
such  training shall have been completed subsequent to July first, nine-
teen hundred ninety-four, and shall have taken and  successfully  passed
an oral or written examination acceptable by the board.
  S  6. Paragraphs (c) and (d) of subdivision 4 of section 7101-a of the
education law are relettered paragraphs (d) and (e) and a new  paragraph
(c) is added to read as follows:
  (C)  BEFORE  USING  OR  PRESCRIBING  ORAL  THERAPEUTIC  PHARMACEUTICAL
AGENTS, AN OPTOMETRIST MUST BE CERTIFIED TO PRESCRIBE DIAGNOSTIC PHARMA-
CEUTICAL AGENTS AND TOPICAL THERAPEUTIC AND  THERAPEUTIC  PHARMACEUTICAL
AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION, HAVE COMPLETED
AN  ORAL  THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE AND HAVE
PASSED AN EXAMINATION, WITH A CURRICULUM AND  EXAMINATION  DEVELOPED  BY
ACADEMIC  FACULTY  REPRESENTATIVES APPROVED BY THE DEPARTMENT FROM A NEW
YORK STATE  ACCREDITED  COLLEGE  OF  OPTOMETRY,  FROM  A  DEPARTMENT  OF
OPHTHALMOLOGY  AT  A  NEW  YORK STATE ACCREDITED MEDICAL SCHOOL UPON THE
RECOMMENDATION OF A STATEWIDE PROFESSIONAL  ORGANIZATION  CONSISTING  OF
OPHTHALMOLOGISTS,  AND  FROM  A DEPARTMENT OF PHARMACOLOGY AT A NEW YORK
STATE ACCREDITED MEDICAL SCHOOL.
  (I) THE CURRICULUM SHALL INCLUDE, BUT NOT BE LIMITED  TO,  INSTRUCTION
IN  PHARMACOLOGY  AND DRUG INTERACTION IN TREATING OCULAR DISEASE AND BE
TAUGHT THROUGH CLINICAL CASE SCENARIOS AND EMPHASIZE  CLINICAL  DECISION
MAKING  AND  SHALL  BE  NO  LESS THAN FORTY HOURS, OF WHICH NO LESS THAN
TWENTY-FOUR HOURS SHALL BE LIVE INSTRUCTION.
  (II) SUCH COURSE SHALL QUALIFY TOWARDS MEETING THE  CONTINUING  EDUCA-
TION  PER  TRIENNIAL  REGISTRATION  REQUIREMENT  PURSUANT TO SUBDIVISION
SEVEN OF THIS SECTION.
  (III) THE EXAMINATION SHALL TEST THE KNOWLEDGE  OF  MATERIALS  IN  THE
CURRICULUM.
  (IV) IF AN OPTOMETRIST FAILS TO PASS THE EXAMINATION, SUCH OPTOMETRIST
MAY  RETAKE  THE  EXAMINATION  FOLLOWING COMPLETION OF THE CERTIFICATION
COURSE, AND MAY RETAKE THE  EXAMINATION  A  MAXIMUM  OF  TWO  ADDITIONAL
TIMES,  PROVIDED  THAT  AN  OPTOMETRIST  MAY BE AUTHORIZED TO RETAKE THE
EXAMINATION BEYOND SUCH MAXIMUM NUMBER UPON APPLICATION BY  THE  OPTOME-
TRIST AND A DETERMINATION OF GOOD CAUSE SHOWN BY THE COMMISSIONER.
  (V)  THE INITIAL, AND ANY SUBSEQUENT, CURRICULUM AND EXAMINATION SHALL
BE SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT.
  (VI) THE REQUIREMENT FOR THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENT
CERTIFICATION  COURSE  AND  EXAMINATION SHALL NOT APPLY TO THOSE OPTOME-

A. 9961--A                          4

TRISTS WHO GRADUATED FROM AN ACCREDITED COLLEGE OF OPTOMETRY  SUBSEQUENT
TO  JANUARY  FIRST,  TWO  THOUSAND  SIX  AND HAVE TAKEN AND SUCCESSFULLY
PASSED THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY TEST OR AN  EXAMINA-
TION ACCEPTABLE TO THE BOARD.
  S 7. Subdivision 5 of section 7101-a of the education law, as added by
chapter 517 of the laws of 1995, is amended to read as follows:
  5.  Suspension  of  certification.  The  department  shall suspend the
certification for the use and prescribing of [phase one] TOPICAL  thera-
peutic  agents of any optometrist who fails to receive certification for
[phase two] therapeutic pharmaceutical agents FOR TREATMENT OF  GLAUCOMA
AND  OCULAR HYPERTENSION within three years of having been certified for
[phase one] TOPICAL therapeutic pharmaceutical agents.
  S 8. The subdivision heading of subdivision 6 of section 7101-a of the
education law, as added by chapter 517 of the laws of 1995,  is  amended
to read as follows:
  Consultation  WITH  USE  OF CERTAIN TOPICAL THERAPEUTIC PHARMACEUTICAL
AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION.
  S 9. Subdivision 7 of section 7101-a of the education law, as added by
chapter 517 of the laws of 1995, is amended to read as follows:
  7. Continuing education. Each optometrist certified to use [phase  one
or  phase two] TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS AND therapeutic
pharmaceutical agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION,
shall complete a minimum of thirty-six hours of continuing education  IN
THE  AREA  OF OCULAR DISEASE AND PHARMACOLOGY per triennial registration
period. [The education shall be in the area of ocular disease and  phar-
macology  and  may  include both didactic and clinical components.] EACH
OPTOMETRIST CERTIFIED TO  USE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS
SHALL,  IN ADDITION TO THE MINIMUM THIRTY-SIX HOURS OF CONTINUING EDUCA-
TION PROVIDED FOR IN THIS SUBDIVISION, COMPLETE AN ADDITIONAL MINIMUM OF
THIRTY-NINE HOURS OF CONTINUING EDUCATION RELATED  TO  SYSTEMIC  DISEASE
AND THERAPEUTIC TREATMENT PER TRIENNIAL REGISTRATION PERIOD. Such educa-
tional  programs  MAY  INCLUDE BOTH DIDACTIC AND CLINICAL COMPONENTS AND
shall be approved in advance by  the  department  and  evidence  of  the
completion  of this requirement shall be submitted with each application
for license renewal as required by section  sixty-five  hundred  two  of
this chapter.
  S 10. The subdivision heading and subparagraph (i) of paragraph (a) of
subdivision  8 of section 7101-a of the education law, as added by chap-
ter 517 of the laws of 1995, are amended to read as follows:
  Notice to patient WITH THE USE OR PRESCRIPTION OF TOPICAL  THERAPEUTIC
PHARMACEUTICAL  AGENTS  AND THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREAT-
MENT OF GLAUCOMA AND OCULAR HYPERTENSION.
  (i) An optometrist prescribing TOPICAL steroids or  antiviral  medica-
tion  shall inform each patient that in the event the condition does not
improve within five days, a physician of the patient's  choice  will  be
notified.
  S  11. Subdivision 10 of section 7101-a of the education law, as added
by chapter 517 of the laws of 1995, is amended to read as follows:
  10. Pharmaceutical agents. Optometrists who  have  been  approved  and
certified  by  the  department  shall  be permitted to use the following
drugs:
  (a) Diagnostic pharmaceuticals.
  (b) Those optometrists having been certified for [phase  one]  TOPICAL
therapeutic  pharmaceutical  agents  shall be authorized [(i) to use and
recommend all nonprescription medications appropriate for ocular disease
whether intended for topical or oral use; and (ii)] to use and prescribe

A. 9961--A                          5

all [phase one] TOPICAL therapeutic pharmaceutical agents  SPECIFIED  IN
PARAGRAPH (E) OF SUBDIVISION ONE OF THIS SECTION, which are FDA approved
and commercially available FOR TOPICAL USE.
  In the event an optometrist treats a patient with topical antiviral or
steroidal  drugs  and the patient's condition either fails to improve or
worsens within five days,  the  optometrist  shall  notify  a  physician
designated by the patient or, if none, by the treating optometrist.
  (c) Those optometrists having been certified for [phase two] therapeu-
tic pharmaceutical agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTEN-
SION  shall  be  authorized to use and prescribe [phase two] therapeutic
pharmaceutical agents FOR TREATMENT OF GLAUCOMA AND OCULAR  HYPERTENSION
SPECIFIED IN PARAGRAPH (F) OF SUBDIVISION ONE OF THIS SECTION, which are
FDA approved and commercially available.
  (D)  THOSE  OPTOMETRISTS  HAVING  BEEN  CERTIFIED FOR ORAL THERAPEUTIC
PHARMACEUTICAL AGENTS SHALL BE AUTHORIZED  TO  USE  AND  PRESCRIBE  ORAL
THERAPEUTIC PHARMACEUTICAL AGENTS SPECIFIED IN PARAGRAPH (G) OF SUBDIVI-
SION ONE OF THIS SECTION, WHICH ARE FDA APPROVED AND COMMERCIALLY AVAIL-
ABLE  AND  SHALL  COMPLY WITH ALL SAFETY INFORMATION AND SIDE-EFFECT AND
WARNING ADVISORIES CONTAINED IN THE MOST CURRENT PHYSICIANS' DESK REFER-
ENCE.
  (E) THOSE OPTOMETRISTS HAVING BEEN CERTIFIED FOR  TOPICAL  THERAPEUTIC
PHARMACEUTICAL  AGENTS,  THERAPEUTIC PHARMACEUTICAL AGENTS FOR TREATMENT
OF GLAUCOMA AND OCULAR HYPERTENSION OR ORAL  THERAPEUTIC  PHARMACEUTICAL
AGENTS  SHALL  BE  AUTHORIZED  TO  USE AND RECOMMEND ALL NONPRESCRIPTION
MEDICATIONS, WHETHER INTENDED FOR TOPICAL OR ORAL USE,  APPROPRIATE  FOR
THE TREATMENT OF THE EYE AND ADNEXA.
  S  12.  Section 7101-a of the education law is amended by adding a new
subdivision 13 to read as follows:
  13. ORAL THERAPEUTIC PHARMACEUTICAL AGENT IMPLEMENTATION  REVIEW.  (A)
EACH OPTOMETRIST CERTIFIED TO USE ORAL THERAPEUTIC PHARMACEUTICAL AGENTS
PURSUANT  TO  PARAGRAPH  (C)  OF  SUBDIVISION FOUR OF THIS SECTION SHALL
PROVIDE THE DEPARTMENT WITH INFORMATION, ON A  FORM  PRESCRIBED  BY  THE
COMMISSIONER,  RELATED  TO  THE  PRESCRIPTION OR USE OF ORAL THERAPEUTIC
PHARMACEUTICAL AGENTS PROVIDED FOR IN THIS SECTION.    SUCH  INFORMATION
SHALL  INCLUDE  THE  OPTOMETRIST'S NAME, LICENSE NUMBER, WHETHER NO ORAL
PRESCRIPTIONS HAVE BEEN ISSUED AND IN THE EVENT THAT ORAL  PRESCRIPTIONS
HAVE BEEN ISSUED, THEN THE FOLLOWING INFORMATION SHALL BE REQUIRED:  THE
PRESCRIBED  OR USED ORAL THERAPEUTIC PHARMACEUTICAL AGENT, THE DOSAGE OF
SUCH AGENT, THE DATE OF THE PRESCRIPTION, THE DIAGNOSIS OF  THE  PATIENT
FOR  WHICH  THE AGENT WAS PRESCRIBED OR USED, AND WHETHER A REFERRAL WAS
MADE IN ACCORDANCE  WITH  PARAGRAPH  (G)  OF  SUBDIVISION  ONE  OF  THIS
SECTION.    SUCH  INFORMATION  SHALL NOT INCLUDE ANY PATIENT IDENTIFYING
INFORMATION AND MUST OTHERWISE BE  IN  COMPLIANCE  WITH  ALL  STATE  AND
FEDERAL  REQUIREMENTS RELATED TO PROTECTED HEALTH INFORMATION. EACH FORM
SHALL BE SUBMITTED BY MAIL OR ELECTRONIC MEANS TO THE  DEPARTMENT  ON  A
QUARTERLY  BASIS.   IF A DATABASE OF ALL ORAL THERAPEUTIC PHARMACEUTICAL
AGENTS PRESCRIBED OR USED BY OPTOMETRISTS IS, OR BECOMES,  AVAILABLE  TO
THE  COMMITTEE  PROVIDED FOR IN THIS SUBDIVISION, THEN OPTOMETRISTS WILL
BE ADVISED BY THE COMMISSIONER THAT QUARTERLY REPORTING  FORMS  WILL  NO
LONGER  BE REQUIRED.  THE REQUIREMENTS OF THIS PARAGRAPH SHALL REMAIN IN
EFFECT FOR FIVE YEARS  FOLLOWING  APPROVAL  BY  THE  DEPARTMENT  OF  THE
INITIAL  ORAL  THERAPEUTIC PHARMACEUTICAL AGENT CERTIFICATION COURSE AND
EXAMINATION PURSUANT TO  PARAGRAPH  (C)  OF  SUBDIVISION  FOUR  OF  THIS
SECTION,  AFTER WHICH TIME THESE REQUIREMENTS SHALL EXPIRE AND NO LONGER
HAVE EFFECT.

A. 9961--A                          6

  (B) THE COMMISSIONER SHALL APPOINT A COMMITTEE TO  ADVISE  AND  ASSIST
THE  COMMISSIONER  IN  EVALUATING COMPLIANCE WITH THE PROVISIONS OF THIS
SECTION AND TO IDENTIFY ANY NECESSARY  ENHANCEMENTS  TO  THE  CURRICULUM
PROVIDED  FOR  IN  THIS  SECTION  AND OTHER EDUCATIONAL MATERIALS AND TO
ASSIST  IN  ENSURING  PATIENT SAFETY. THE COMMITTEE SHALL CONSIST OF ONE
PHARMACIST, ONE OPTOMETRIST  UPON  THE  RECOMMENDATION  OF  A  STATEWIDE
PROFESSIONAL  ORGANIZATION  CONSISTING OF OPTOMETRISTS, ONE OPHTHALMOLO-
GIST UPON THE RECOMMENDATION OF A  STATEWIDE  PROFESSIONAL  ORGANIZATION
CONSISTING  OF  OPHTHALMOLOGISTS,  AND ONE EXPERT IN THE FIELD OF PUBLIC
HEALTH WHO SHALL BE DESIGNATED AS CHAIR BY THE COMMISSIONER IN CONSULTA-
TION WITH THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND WHO SHALL  BE
NEITHER AN OPHTHALMOLOGIST NOR AN OPTOMETRIST.
  (C)  THE COMMISSIONER SHALL SUBMIT EACH FORM RECEIVED PURSUANT TO THIS
SUBDIVISION TO THE COMMITTEE.  THE COMMITTEE SHALL REVIEW THE FORMS  AND
SHALL RANDOMLY CROSS-CHECK SUCH SUBMISSIONS WITH A PUBLICLY AVAILABLE OR
OTHER  DATABASE  CONTAINING  ELECTRONIC PRESCRIBER INFORMATION. SHOULD A
DATABASE OF ALL ORAL THERAPEUTIC  PHARMACEUTICAL  AGENTS  PRESCRIBED  OR
USED  BY OPTOMETRISTS BECOME AVAILABLE PURSUANT TO THIS SECTION, AND THE
COMMISSIONER DETERMINES AND ADVISES OPTOMETRISTS THAT QUARTERLY  REPORTS
ARE  NO  LONGER  NECESSARY, THEN THE COMMITTEE SHALL REVIEW THE DATABASE
AND ASCERTAIN THE PRESCRIBING INFORMATION FOR ALL OPTOMETRISTS  CONSIST-
ENT  WITH  THIS SECTION.  THE COMMITTEE SHALL ADVISE THE COMMISSIONER AS
TO COMPLIANCE WITH THE PROVISIONS OF THIS SECTION  FOR  THE  PURPOSE  OF
EVALUATING  COMPLIANCE WITH THE PROVISIONS OF THIS SECTION INCLUDING THE
APPLICABLE REFERRALS AND DOSING LIMITATIONS AND TO IDENTIFY  ANY  NECES-
SARY  ENHANCEMENTS  TO  THE  CURRICULUM PROVIDED FOR IN THIS SECTION AND
OTHER EDUCATIONAL MATERIALS AND TO ASSIST IN  ENSURING  PATIENT  SAFETY.
UPON  FINDING EVIDENCE OF NON-COMPLIANCE BY ANY OPTOMETRIST, THE COMMIT-
TEE SHALL REFER SUCH INFORMATION TO THE COMMISSIONER AND TO  THE  OFFICE
OF  PROFESSIONS  FOR  INVESTIGATION  AND,  IF  APPLICABLE,  DISCIPLINARY
ACTION.
  S 13. Subdivision 8 of section 7104 of the education law,  as  amended
by chapter 517 of the laws of 1995, is amended to read as follows:
  (8)  Fees:  pay  a fee of two hundred twenty dollars to the department
for admission to a department conducted examination and for  an  initial
license,  a fee of one hundred fifteen dollars for each reexamination, a
fee of one hundred  thirty-five  dollars  for  an  initial  license  for
persons  not  requiring admission to a department conducted examination,
[and] a fee of two hundred ten dollars for each  triennial  registration
period,  [and] for additional authorization for the purpose of utilizing
diagnostic pharmaceutical agents,  a  fee  of  sixty  dollars,  AND  FOR
CERTIFICATION  TO  USE  OR  PRESCRIBE  ORAL  THERAPEUTIC  PHARMACEUTICAL
AGENTS, A FEE OF ONE HUNDRED DOLLARS.
  S 14. This act shall take effect one year after it shall have become a
law; provided that:
  (a) subdivision 13 of section 7101-a of the  education  law  added  by
section  twelve  of  this  act  shall expire and be deemed repealed five
years following the approval by  the  department  of  education  of  the
initial  certification  course and examination pursuant to paragraph (c)
of subdivision 4 of section 7101-a of the  education  law  as  added  by
section six of this act;
  (b)  the  commissioner  of education shall notify the legislative bill
drafting commission upon approval of the  initial  certification  course
and  examination  required  in section six of this act in order that the
commission may maintain an accurate and timely effective  data  base  of
the official text of the laws of the state of New York in furtherance of

A. 9961--A                          7

effectuating  the  provisions  of  section 44 of the legislative law and
section 70-b of the public officers law; and
  (c)  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.