BILL NUMBER: S621
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:
05/23/24 REFERRED TO HIGHER EDUCATION
 
LEGISLATIVE HISTORY:
New bill.