NY State Senate Bill 2023-S9726

Current Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2024	referred to higher education

2023-S9726 (ACTIVE) - Details

See Assembly Version of this Bill:: A9830
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §7101-a, Ed L

2023-S9726 (ACTIVE) - Summary

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.

2023-S9726 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9726

SPONSOR: LIU
 
TITLE OF BILL:

An act to amend the education law, in relation to the use of topical
pharmaceutical agents

 
PURPOSE:

The purpose of this bill is to allow optometrists to use any topical
pharmaceutical agents related to the treatment of the eye and adnexa.

 
SUMMARY OF PROVISIONS:

Section 1: Amends subdivision 1 of § 7101-a of the education law to
remove the list of topical pharmaceutical agents and allow optometrists
to use any topical agent for the treatment of patients' eye conditions,
provided it is the standard of care for such treatment, it is within the
scope of practice for optometry, such optometrist is qualified pursuant
to the Education Law, and the agent is FDA approved and commercially
available for topical use. It would also clarify that topical pharmaceu-

ticals are for treatment related to the adnexa, which includes the eyel-
ids, the conjunctival sac, the lacrimal drainage system, the lacrimal
gland, and would create consistency given that adnexa is codified else-
where in this subdivision (e.g., Educ. Law § 7101- a(1)(g)).

Section 2: Amends subdivision 4 of § 7101-a of the education law to
correct terminology so it is consistent with existing terms in the stat-
ute including that topical therapeutic agents are no longer referred to
as "phase one" drugs and therapeutic pharmaceutical agents for treatment
of glaucoma and ocular hypertension are no longer referred to as "phase
two" drugs, pursuant to amendments enacted in 2021.

Section 3: Amends subdivision 4 of § 7101-a of the education law to
remove a cross-reference to the list of topical drugs that will no long-
er be specified with enactment of this bill into law.

Section 4: Provides that this act shall take effect immediately.

 
JUSTIFICATION:

Doctors of Optometry were authorized to treat their patients using diag-
nostic pharmaceutical topical agents in 1983 and topical therapeutic
pharmaceutical agents in 1995. The statute has listed the specific
topical agents that could be used since those years.  However, new
agents have been developed for the treatment of the eye and adnexa since
and optometrists have not been able to immediately use them. This harms
the treatment of patients since the topical agent may be the standard of
care for a particular eye condition and yet the optometrist cannot use
it unless potentially seeking an amendment to the statute to add it to
the list.

In the more than 50 years and nearly 40 years, respectively, since the
statutory authorization for optometrists to use topical pharmaceutical
agents, optometrists have been qualified and have demonstrated an exper-
tise in using such agents to the benefit of their patients and improved
healthcare delivery. There are currently over 3,000 optometrists
licensed in New York State who provide primary eye care throughout the
state, including in underserved urban and rural areas. Given the many
challenges which limit access to healthcare for many New Yorkers, it is
vital that optometrists be provided the authority to use the topical
agents that will allow them to treat their patients' eye conditions
without delay and without pursuing time-consuming legislative and regu-
latory processes.

 
FISCAL IMPACT ON THE STATE:

None.

 
LEGISLATIVE HISTORY:

New bill.

2023-S9726 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9726
 
                             I N  S E N A T E
 
                               May 23, 2024
                                ___________
 
 Introduced  by  Sen.  LIU  --  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  topical
   pharmaceutical agents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Paragraphs (d), (e) and (f) of subdivision  1  of  section
 7101-a  of  the  education law, paragraph (d) as added by chapter 517 of
 the laws of 1995 and paragraphs (e) and (f) as amended by chapter 506 of
 the laws of 2021, are amended to read as follows:
   (d) Diagnostic pharmaceuticals. Diagnostic pharmaceuticals shall  mean
 those  drugs  which  shall  be  limited  to topical applications [to the
 surface of the eye] for the purpose of diagnostic examination of the eye
 [and shall be limited to:
   (i) Anesthetic agents;
   (ii) Mydriatics;
   (iii) Cycloplegics;
   (iv) Miotics;
   (v) Disclosing agents and other substances used  in  conjunction  with
 these drugs as part of a diagnostic procedure] AND ADNEXA.
   (e)  Topical  therapeutic  pharmaceutical  agents. 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] OF THE EYE AND ADNEXA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14942-02-4

 S. 9726                             2
 
   (f)  Therapeutic  pharmaceutical  agents for treatment of glaucoma and
 ocular hypertension. Therapeutic pharmaceutical agents for treatment  of
 glaucoma  and  ocular hypertension shall mean those drugs which shall be
 limited to topical application [to the surface] FOR THERAPEUTIC PURPOSES
 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] ADNEXA.
   § 2. Paragraph (e) of subdivision 4 of section 7101-a of the education
 law,  as  added  by chapter 517 of the laws of 1995 and as relettered by
 chapter 506 of the laws of 2021, is amended to read as follows:
   (e) The provisions of paragraphs (a) and (b) of this subdivision shall
 not apply to (i) graduates of an appropriate  program  approved  by  the
 department  who  have  successfully passed the examination on the use of
 diagnostic and therapeutic [drugs] AGENTS and who  graduated  subsequent
 to  January  first,  nineteen hundred ninety-three; or (ii) optometrists
 who have been certified for at least  five  years  to  use  [phase  one]
 TOPICAL  THERAPEUTIC AGENTS and [phase two drugs] THERAPEUTIC PHARMACEU-
 TICAL AGENTS FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION in anoth-
 er jurisdiction, have demonstrated such  use  in  independently  managed
 patients,  and have been licensed in accordance with section seventy-one
 hundred four of this chapter. Provided, however, no  optometrist  exempt
 under this paragraph shall be permitted to use [phase one] TOPICAL ther-
 apeutic  pharmaceutical agents or [phase two] therapeutic pharmaceutical
 agents FOR TREATMENT OF GLAUCOMA AND OCULAR HYPERTENSION  prior  to  the
 general authorization provided to optometrists licensed in this state.
   §  3.  The  opening  paragraph  of  paragraph (b) and paragraph (c) of
 subdivision 10 of section 7101-a of the education  law,  as  amended  by
 chapter 506 of the laws of 2021, are amended to read as follows:
   Those optometrists having been certified for topical therapeutic phar-
 maceutical  agents  shall be authorized to use and prescribe all topical
 therapeutic pharmaceutical agents [specified in paragraph (e) of  subdi-
 vision  one  of  this  section], which are FDA approved and commercially
 available for topical use.
   (c) Those optometrists having been certified for  therapeutic  pharma-
 ceutical  agents for treatment of glaucoma and ocular hypertension shall
 be authorized to use and prescribe 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.
   § 4. This act shall take effect immediately.

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Senate Bill S9726

Sponsored By

Current Bill Status - In Senate Committee Higher Education Committee

2023-S9726 (ACTIVE) - Details

2023-S9726 (ACTIVE) - Summary

2023-S9726 (ACTIVE) - Sponsor Memo

2023-S9726 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9726

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Sponsored By

John C. Liu

Current Bill Status - In Senate Committee Higher Education Committee

2023-S9726 (ACTIVE) - Details

2023-S9726 (ACTIVE) - Summary

2023-S9726 (ACTIVE) - Sponsor Memo

2023-S9726 (ACTIVE) - Bill Text download pdf

Comments