NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3822D
SPONSOR: McDonald TITLE OF BILL: An act to amend the education law, in relation to the
delegation of certain professional responsibilities for instilling
mydriatic or cycloplegic eye drops
PURPOSE OR GENERAL IDEA OF BILL:
To authorize ophthalmologists and optometrists to supervise trained
personnel to instill dilating eye drops to the surface of patients'
eyes.
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends paragraph 25 of section 6530 of the education law, as
added by chapter 606 of the laws of 1991, by naming the existing para-
graph as subparagraph a and by adding a new subparagraph b to authorize
a physician to delegate and supervise trained personnel to instill
mydriatic or cycloplegic eye drops (dilating eye drops) and associated
anesthetic eye drops to the surface of a patient's eye. Such personnel
would be required to be over eighteen, be under the supervision of a
licensed professional, complete a curriculum and examination demonstrat-
ing the requisite experience to instill the dilating and anesthetic eye
drops satisfactory to the department, and register with the department
and pay a fee in accordance with commissioner's regulations.
Section two adds a new subdivision four to section 7106 of the education
law to authorize an optometrist to delegate and supervise trained
personnel to instill mydriatic or cycloplegic eye drops (dilating eye
drops) and associated anesthetic eye drops to the surface of a patient's
eye. Such personnel would be required to be over eighteen, complete a
curriculum and examination demonstrating the requisite experience to
instill the dilating and anesthetic eye drops satisfactory to the
department and register with the department and pay a fee in accordance
with commissioner's regulations.
Section three provides the effective date.
JUSTIFICATION:
It is necessary for ophthalmologists (MDs) and optometrists (ODs) to
dilate patients' pupils in performance of a comprehensive eye exam.
Dilation allows the pupil to widen, letting more light in so that the MD
or OD has a better view of the back of the eye. Use and administration
of dilation eye drops and occasionally anesthetic drops used in conjunc-
tion, is a safe, simple process and it is the standard of care.
This bill would allow the training and authorization of allied eye care
providers to instill eye drops without the risk of such delegation being
considered professional misconduct or improper delegation. Ophthalmolo-
gists and optometrists will supervise the activities of personnel who
are trained and registered with the State Education Department to
instill dilating and anesthetic drops.
Currently, MDs and ODs often instill the eye drops themselves or hire
other medical professionals only for the purpose of instilling these
specific dilating agents. These professionals (i.e., RNs and LPNs) are
highly trained with a broad scope of practice skills that are underuti-
lized when their activities are limited to putting dilating drops in
patients' eyes. With widely described health care professional short-
ages, it makes sense to maximize each medical professional's expertise
and allow them to use their training to the fullest extent possible.
Moreover, with the rising costs of health care, it also makes sense to
have well trained personnel instill these dilating eye drops at a pay
scale commensurate with this job function instead of paying more broadly
skilled and trained medical professionals at their normal and compet-
itive salaries but to instead use a fraction of their skill set. Again,
the instilling of eye drops is a simple process and the personnel will
be trained and supervised. This authorization will be safe and helpful
for patients. Additionally, enactment of this bill will increase prac-
tice and health care team efficiencies as well as adding to patients'
convenience by decreasing the average time patients need to spend in
ophthalmology and optometry offices.
PRIOR LEGISLATIVE HISTORY:
2018- A.10209/S.7614
FISCAL IMPLICATION:
None to the State
EFFECTIVE DATE:
This act shall take effect eighteen months after it shall have become a
law. 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
date.
STATE OF NEW YORK
________________________________________________________________________
3822--D
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. McDONALD, GUNTHER, PICHARDO, SEAWRIGHT, GARBARI-
NO, WILLIAMS, DICKENS, LUPARDO, FAHY, D'URSO, ARROYO, MONTESANO, COOK,
GOTTFRIED, LAVINE, RA, SMITH, ASHBY, REYES, STIRPE, SIMON -- Multi-
Sponsored by -- M. of A. SAYEGH -- read once and referred to the
Committee on Higher Education -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee
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 physician licensed
8 pursuant to article one hundred thirty-one of this title in the care of
9 a patient for the purpose of instilling mydriatic or cycloplegic eye
10 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 physician
14 pursuant to such article one hundred thirty-one and such person is over
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00577-07-9
A. 3822--D 2
1 the age of eighteen, successfully completes a curriculum and examination
2 approved by the department demonstrating that such person has the requi-
3 site experience to instill dilating eye drops and anesthetic eye drops
4 used in conjunction with such dilating eye drops to the surface of the
5 eye and registers with the department after paying the requisite fee in
6 accordance with the commissioner's regulations;
7 § 2. Section 7106 of the education law is amended by adding a new
8 subdivision 4 to read as follows:
9 4. Notwithstanding subdivision seven of section six thousand five
10 hundred nine of this title, a licensed optometrist may delegate the care
11 of a patient for the specific purpose of instilling mydriatic or cyclo-
12 plegic eye drops (hereinafter "dilating eye drops") and anesthetic eye
13 drops used in conjunction with such dilating eye drops to the surface of
14 the eye of a patient, provided that the person instilling such dilating
15 eye drops and anesthetic eye drops is deemed qualified to assist, and is
16 under the on-site supervision of a licensed optometrist. A person shall
17 be deemed qualified for purposes of this subdivision and shall be
18 permitted to assist a licensed optometrist for the purpose of instilling
19 dilating eye drops and anesthetic eye drops used in conjunction with
20 such dilating eye drops only if such person is over the age of eighteen,
21 successfully completes a curriculum and examination approved by the
22 department demonstrating the requisite experience to instill dilating
23 eye drops and anesthetic eye drops used in conjunction with such dilat-
24 ing eye drops to the surface of the eye and registers with the depart-
25 ment after paying the requisite fee in accordance with the commission-
26 er's regulations.
27 § 3. This act shall take effect eighteen months after it shall have
28 become a law. Effective immediately the addition, amendment and/or
29 repeal of any rule or regulation necessary for the implementation of
30 this act on its effective date are authorized to be made and completed
31 on or before such date.
