S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1519
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 use of oral  medi-
   cations by optometrists
 
   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.
   § 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:
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02016-01-1

 S. 1519                             2
 
   (ii) alpha agonists;
   (iii) direct acting cholinergic agents;
   (IV) PROSTAGLANDIN ANALOGS; AND
   (V) CARBONIC ANHYDRASE INHIBITORS.
   §  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:
   (1) AMOXICILLIN/CLAVULANATE POTASSIUM;
   (2) CEPHALEXIN;
   (3) AZITHROMYCIN;
   (4) SULFAMETHOXAZOLE/TRIMETHOPRIM;
   (5) DOXYCYCLINE; AND
   (6) TETRACYCLINE;
   (II) THE FOLLOWING ANTIGLAUCOMA AGENTS  USED  FOR  THE  MANAGEMENT  OF
 ACUTE  INCREASES  IN INTRAOCULAR PRESSURE; PROVIDED, HOWEVER, AN OPTOME-
 TRIST  MAY  USE  OR  PRESCRIBE  A  MAXIMUM  OF  ONE   TWENTY-FOUR   HOUR
 PRESCRIPTION  AND  SHALL  IMMEDIATELY  REFER  THE  PATIENT TO A LICENSED
 PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE:
   (1) ACETAZOLAMIDE; AND
   (2) METHAZOLAMIDE; AND
   (III) THE FOLLOWING ANTIVIRAL AGENTS USED FOR HERPES ZOSTER OPHTHALMI-
 CUS; PROVIDED AN OPTOMETRIST SHALL USE  OR  PRESCRIBE  IN  MAXIMUM,  ONE
 SEVEN-DAY  PRESCRIPTION;  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  PHYSICIAN, LICENSED PHYSICIAN SPECIALIZING IN DISEASES OF THE EYE,
 OR OTHER APPROPRIATE PHYSICIAN WITHIN THREE DAYS OF SUCH DIAGNOSIS:
   (1) VALACYCLOVIR; AND
   (2) ACYCLOVIR.
   § 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, are amended to read as follows:
   [Phase  one]  TOPICAL  therapeutic  pharmaceutical  agents. (a) Before
 using or prescribing  [phase  one]  TOPICAL  therapeutic  pharmaceutical
 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.
   § 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

 S. 1519                             3
 
 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.
   §  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 WITHIN FIVE YEARS OF THE DEPARTMENT'S APPROVAL  OF
 THE  INITIAL  CERTIFICATION COURSE OR THE INITIAL EXAMINATION, WHICHEVER
 IS LATER PROVIDED, HOWEVER, AN OPTOMETRIST WHO HAS  COMMENCED  THE  ORAL
 THERAPEUTIC  PHARMACEUTICAL  AGENT  CERTIFICATION COURSE WITHIN THE FIVE
 YEAR TIME PERIOD BUT HAS NOT YET PASSED AN EXAMINATION SHALL BE  ALLOWED
 TO  TAKE  SUCH EXAMINATION AND BECOME CERTIFIED AFTER THE FIVE YEAR TIME
 PERIOD PROVIDED FOR IN THIS PARAGRAPH HAS ENDED.
   (I) THE CURRICULUM  FOR  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENT
 CERTIFICATION  COURSE  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 ASSESS THE KNOWLEDGE OF MATERIALS IN THE
 CURRICULUM  AND  REFLECT  THE  ORAL  THERAPEUTIC  PHARMACEUTICAL  AGENTS
 DESCRIBED IN PARAGRAPH (G) OF SUBDIVISION ONE OF THIS SECTION, AND SHALL
 BE ACCEPTABLE TO THE DEPARTMENT.
   (IV) THE INITIAL, AND ANY SUBSEQUENT, CURRICULUM AND EXAMINATION SHALL
 BE SUBJECT TO REVIEW AND APPROVAL BY THE DEPARTMENT.
   (V)  THE  REQUIREMENT  FOR  THE  ORAL THERAPEUTIC PHARMACEUTICAL AGENT
 CERTIFICATION COURSE AND EXAMINATION SHALL NOT APPLY  TO  THOSE  OPTOME-
 TRISTS  WHO GRADUATED FROM AN ACCREDITED COLLEGE OF OPTOMETRY SUBSEQUENT
 TO JANUARY FIRST, TWO THOUSAND TWENTY-TWO AND HAVE TAKEN AND SUCCESSFUL-
 LY PASSED THE NATIONAL BOARD OF EXAMINERS IN OPTOMETRY EXAMINATION OR AN
 EXAMINATION ACCEPTABLE TO THE DEPARTMENT.
   § 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.
   § 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.
   § 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:

 S. 1519                             4
 
   7.  Continuing education. (A) Each optometrist certified to use [phase
 one or phase two] TOPICAL THERAPEUTIC PHARMACEUTICAL AGENTS  AND  thera-
 peutic pharmaceutical agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPER-
 TENSION,  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  pharmacology  and  may  include both didactic and clinical
 components.] EACH OPTOMETRIST CERTIFIED TO USE ORAL THERAPEUTIC  PHARMA-
 CEUTICAL  AGENTS  SHALL,  IN ADDITION TO THE MINIMUM THIRTY-SIX HOURS OF
 CONTINUING EDUCATION PROVIDED FOR IN THIS SUBDIVISION, COMPLETE AN ADDI-
 TIONAL MINIMUM OF EIGHTEEN HOURS  OF  CONTINUING  EDUCATION  RELATED  TO
 SYSTEMIC  DISEASE  AND  THERAPEUTIC TREATMENT PER TRIENNIAL REGISTRATION
 PERIOD. Such educational 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]. BEGINNING ON JANUARY FIRST, TWO THOUSAND
 TWENTY-THREE, ALL  SPONSORS  OF  CONTINUING  EDUCATION  COURSES  SEEKING
 ADVANCED  APPROVAL FROM THE DEPARTMENT SHALL FILE AN APPLICATION AND PAY
 A FEE DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH THE REGULATIONS OF
 THE COMMISSIONER. AN OPTOMETRIST  SUBJECT  TO  THE  PROVISIONS  OF  THIS
 SUBDIVISION  WHOSE  FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE
 OF THIS SECTION OCCURS LESS THAN THREE YEARS FROM SUCH  EFFECTIVE  DATE,
 BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, SHALL COMPLETE
 CONTINUING  EDUCATION  HOURS ON A PRORATED BASIS AT THE RATE OF ONE HOUR
 PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO  THOUSAND  TWENTY-
 THREE  UP  TO THE FIRST REGISTRATION DATE THEREAFTER. AN OPTOMETRIST WHO
 HAS NOT SATISFIED THE MANDATORY CONTINUING EDUCATION REQUIREMENT  PURSU-
 ANT  TO  THIS  SUBDIVISION  SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION
 CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL  A
 CONDITIONAL  REGISTRATION  IS ISSUED AS PROVIDED FOR IN PARAGRAPH (B) OF
 THIS SUBDIVISION. CONTINUING EDUCATION HOURS TAKEN DURING ONE  TRIENNIUM
 MAY NOT BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
   (B)  THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
 TRATION TO AN OPTOMETRIST WHO FAILS TO  MEET  THE  CONTINUING  EDUCATION
 REQUIREMENTS  ESTABLISHED  IN PARAGRAPH (A) OF THIS SUBDIVISION, BUT WHO
 AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
 WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
 TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
 NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
 BE DETERMINED BY THE DEPARTMENT, BUT SHALL  NOT  EXCEED  ONE  YEAR.  ANY
 OPTOMETRIST WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
 SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
 EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT  TO
 DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
 THIS TITLE.
   (C) IN ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT  TO  THE
 MANDATORY CONTINUING EDUCATION REQUIREMENT MAY BE GRANTED BY THE DEPART-
 MENT  FOR  REASONS OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE HEALTH
 CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE
 UNITED STATES, OR FOR OTHER GOOD  CAUSE  ACCEPTABLE  TO  THE  DEPARTMENT
 WHICH MAY PREVENT COMPLIANCE.
   (D)  AN  OPTOMETRIST  NOT  ENGAGED  IN  PRACTICE, AS DETERMINED BY THE
 DEPARTMENT, SHALL BE EXEMPT  FROM  THE  MANDATORY  CONTINUING  EDUCATION
 REQUIREMENT UPON THE FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING
 SUCH  STATUS.  ANY  LICENSEE  WHO  RETURNS  TO THE PRACTICE OF OPTOMETRY

 S. 1519                             5

 DURING THE TRIENNIAL REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
 PRIOR TO REENTERING THE PROFESSION AND SHALL MEET SUCH CONTINUING EDUCA-
 TION  REQUIREMENTS  AS SHALL BE PRESCRIBED BY REGULATIONS OF THE COMMIS-
 SIONER.
   (E)  OPTOMETRISTS  SUBJECT TO THE PROVISIONS OF THIS SUBDIVISION SHALL
 MAINTAIN ADEQUATE DOCUMENTATION OF COMPLETION OF  ACCEPTABLE  CONTINUING
 EDUCATION CREDITS AND SHALL PROVIDE SUCH DOCUMENTATION AT THE REQUEST OF
 THE  DEPARTMENT.  FAILURE TO PROVIDE SUCH DOCUMENTATION UPON THE REQUEST
 OF THE DEPARTMENT SHALL BE AN ACT OF MISCONDUCT SUBJECT TO  DISCIPLINARY
 PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
   (F)  THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
 DEPARTMENT.  SUCH FEE SHALL BE PAYABLE ON OR BEFORE  THE  FIRST  DAY  OF
 EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
 TRIENNIAL  REGISTRATION  FEE  REQUIRED  BY  SUBDIVISION EIGHT OF SECTION
 SEVENTY-ONE HUNDRED FOUR OF THIS ARTICLE.
   § 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.
   § 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
 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.

 S. 1519                             6
 
   (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.
   § 12. 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 TWO HUNDRED FIFTY DOLLARS.
   § 13. This act shall take effect two years after it shall have  become
 a  law; provided that section nine of this act shall take effect January
 1, 2023.  Effective immediately, the addition, amendment  and/or  repeal
 of  any  rule or regulation necessary for the implementation of this act
 on its effective date are authorized to be  made  and  completed  on  or
 before such effective date.