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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2202
SPONSOR: Paulin 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, since
then, new agents have been developed for the treatment of the eye and
adnexa.
Despite the existence of these new agents, optometrists have not been
able to immediately use them, even where it may be the standard of care
for a particular eye condition.
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:
A.9830 of 2024, referred to higher education. Same as S.9726 of 2024,
referred to higher education.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
2202
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred 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:
1 Section 1. Paragraphs (d), (e) and (f) of subdivision 1 of section
2 7101-a of the education law, paragraph (d) as added by chapter 517 of
3 the laws of 1995 and paragraphs (e) and (f) as amended by chapter 506 of
4 the laws of 2021, are amended to read as follows:
5 (d) Diagnostic pharmaceuticals. Diagnostic pharmaceuticals shall mean
6 those drugs which shall be limited to topical applications [to the
7 surface of the eye] for the purpose of diagnostic examination of the eye
8 [and shall be limited to:
9 (i) Anesthetic agents;
10 (ii) Mydriatics;
11 (iii) Cycloplegics;
12 (iv) Miotics;
13 (v) Disclosing agents and other substances used in conjunction with
14 these drugs as part of a diagnostic procedure] and adnexa.
15 (e) Topical therapeutic pharmaceutical agents. Topical therapeutic
16 pharmaceutical agents shall mean those drugs which shall be limited to
17 topical application [to the surface of the eye] for therapeutic purposes
18 [and shall be limited to:
19 (i) antibiotic/antimicrobials;
20 (ii) decongestants/anti-allergenics;
21 (iii) non-steroidal anti-inflammatory agents;
22 (iv) steroidal anti-inflammatory agents;
23 (v) antiviral agents;
24 (vi) hyperosmotic/hypertonic agents;
25 (vii) cycloplegics;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02383-01-5
A. 2202 2
1 (viii) artificial tears and lubricants; and
2 (ix) immunosuppressive agents] of the eye and adnexa.
3 (f) Therapeutic pharmaceutical agents for treatment of glaucoma and
4 ocular hypertension. Therapeutic pharmaceutical agents for treatment of
5 glaucoma and ocular hypertension shall mean those drugs which shall be
6 limited to topical application [to the surface] for therapeutic purposes
7 of the eye and [shall be limited to:
8 (i) beta blockers;
9 (ii) alpha agonists;
10 (iii) direct acting cholinergic agents;
11 (iv) prostaglandin analogs; and
12 (v) carbonic anhydrase inhibitors] adnexa.
13 § 2. Paragraph (e) of subdivision 4 of section 7101-a of the education
14 law, as added by chapter 517 of the laws of 1995 and as relettered by
15 chapter 506 of the laws of 2021, is amended to read as follows:
16 (e) The provisions of paragraphs (a) and (b) of this subdivision shall
17 not apply to (i) graduates of an appropriate program approved by the
18 department who have successfully passed the examination on the use of
19 diagnostic and therapeutic [drugs] agents and who graduated subsequent
20 to January first, nineteen hundred ninety-three; or (ii) optometrists
21 who have been certified for at least five years to use [phase one]
22 topical therapeutic agents and [phase two drugs] therapeutic pharmaceu-
23 tical agents for treatment of glaucoma and ocular hypertension in anoth-
24 er jurisdiction, have demonstrated such use in independently managed
25 patients, and have been licensed in accordance with section seventy-one
26 hundred four of this chapter. Provided, however, no optometrist exempt
27 under this paragraph shall be permitted to use [phase one] topical ther-
28 apeutic pharmaceutical agents or [phase two] therapeutic pharmaceutical
29 agents for treatment of glaucoma and ocular hypertension prior to the
30 general authorization provided to optometrists licensed in this state.
31 § 3. The opening paragraph of paragraph (b) and paragraph (c) of
32 subdivision 10 of section 7101-a of the education law, as amended by
33 chapter 506 of the laws of 2021, are amended to read as follows:
34 Those optometrists having been certified for topical therapeutic phar-
35 maceutical agents shall be authorized to use and prescribe all topical
36 therapeutic pharmaceutical agents [specified in paragraph (e) of subdi-
37 vision one of this section], which are FDA approved and commercially
38 available for topical use.
39 (c) Those optometrists having been certified for therapeutic pharma-
40 ceutical agents for treatment of glaucoma and ocular hypertension shall
41 be authorized to use and prescribe therapeutic pharmaceutical agents for
42 treatment of glaucoma and ocular hypertension [specified in paragraph
43 (f) of subdivision one of this section], which are FDA approved and
44 commercially available.
45 § 4. This act shall take effect immediately.
