66.6 Continuing education for licensed optometrists certified to use phase one and/or phase two therapeutic pharmaceutical agents.

(a) . . .

(b) Mandatory continuing education requirement.

(1) General requirements.

(i) During each triennial registration period, meaning a registration period of three years duration, an applicant for registration shall complete at least 36 hours of formal continuing education acceptable to the department as define in paragraph (2) of this subdivision. At least [three-quarters] 27 hours of such continuing education in a registration period shall consist of live in-person instruction in a formal course of study and/or live instruction in a formal course of study offered through audio, audio-visual, written, on-line, and other media, during which the student must be able to communicate and interact with the instructor and other students. Up to [one-quarter] 9 hours of such continuing education in a registration period may [consist] be completed through a self-study program, meaning structured study, provided by a sponsor approved pursuant to subdivision (g) of this section, that is based [of live instruction in a formal course of study offered through] on audio, audio-visual, written, on-line, and other media, and does not include live instruction, transmitted in person or otherwise, during which the student [must be able to] may communicate and interact with the instructor and other students.

1. STATUTORY AUTHORITY:

Section 207 of the Education Law grants general rule making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Section 6504 of the Education Law authorizes the Board of Regents to supervise the admission to and regulation of the practice of the professions.

Paragraph (a) of subdivision (2) of section 6507 of the Education Law authorizes the Commissioner of Education to promulgate regulations in administering the admission to and the practice of the professions.

Section 7101 of the Education Law defines the practice of optometry and authorizes standards for the use of drugs by optometrists to be included in regulations promulgated by the Commissioner of Education.

Subdivision (7) of section 7101-a of the Education Law establishes the continuing education requirements for optometrists, who are certified to use therapeutic pharmaceutical agents.

2. LEGISLATIVE OBJECTIVES:

Pursuant to Education Law § 7101-a(7), optometrists, who are certified to use therapeutic pharmaceutical agents, must complete a minimum of 36 hours of continuing education during each triennial registration period. There is no continuing education requirement for optometrists who do not have this certification. Section 66.6 of the Regulations of the Commissioner of Education was added in 2007, to, inter alia, establish a standard regarding what methods of study would be acceptable to the State Education Department for continuing education purposes. Under the current regulation, 27 hours of such continuing education must consist of live in-person instruction and up to 9 hours of such continuing education may consist of live instruction in a formal course of study offered through audio, audio-visual, written, on-line, and other media during which the student must be able to communicate and interact with the instructor.

The proposed amendment provides optometrists, who are certified to use therapeutic pharmaceutical agents, with more flexibility in satisfying their continuing education requirements by expanding the list of methods of study that the State Education Department will consider acceptable for continuing education purposes. The proposed amendment requires that at least 27 hours of the required 36 hours of continuing education in a triennial registration period must consist of live in-person instruction in a formal course of study and/or live instruction in a formal course of study offered through audio, audio-visual, written, on-line, and other media, during which the student must be able to communication and interact with the instructor and other students. Webinars used for continuing education purposes will have to satisfy the same requirements as live in-person instruction in a formal course of study, which include the requirements that all courses taken to satisfy continuing education requirements must be in appropriate subject matters and offered by approved providers.

In addition, the proposed amendment permits up to 9 hours of the required continuing education to be completed through a self-study program, meaning structured study, provided by a State Education Department approved sponsor of continuing education, that is based on audio, audio-visual, written, on-line, and other media, and does not include live instruction, transmitted in person or otherwise, during which the student may communicate and interact with the instructor and other students.

3. NEEDS AND BENEFITS:

The purpose of the proposed amendment is to provide optometrists, who are certified to use therapeutic pharmaceutical agents, with more flexibility in satisfying their continuing education requirements by expanding the list of methods of study that the State Education Department will consider acceptable for continuing education purposes. The expanded list of approved methods of study, includes, but is not limited to, webinars and self-study programs. Since the 2007 adoption of section 66.6, live webinars that include communication and interaction between the student and the instructor and/or other students have become the norm for most professions with continuing education requirements. The proposed amendment recognizes this development by permitting optometrists to use such webinars to satisfy some or all of their continuing education requirements.

In addition, several other professions, including, but not limited to, dentistry, ophthalmic dispensing, physical therapy, chiropractic, respiratory therapy, and massage therapy, already permit their licensees to use some form of self-study to satisfy their respective continuing education requirements. The proposed amendment will provide optometrists with the same opportunities, as the licensees in many other professions, to use self-study programs to satisfy a limited portion of their continuing education requirement.

4. COSTS:

(a) Costs to State government: The amendment will not impose any additional costs on state government.

(b) Costs to local government: None.

(c) Cost to private regulated parties: The proposed regulation will not impose any new costs.

(d) Cost to the regulatory agency: See Cost to State government above.

5. LOCAL GOVERNMENT MANDATES:

The proposed amendment is applicable only to optometrists, who are certified to use therapeutic pharmaceutical agents, and provides such optometrists with more flexibility in satisfying their continuing education requirements by expanding the list of methods of study that the State Education Department will consider acceptable for continuing education purposes. It does not impose any program, service, duty or responsibility upon local governments.

6. PAPERWORK:

The proposed amendment does not impose any additional reporting or recordkeeping requirements beyond those already imposed by subdivision (7) of section 7101-a of the Education Law and section 66.6 of the Regulations of the Commissioner of Education.

7. DUPLICATION:

The proposed amendment does not duplicate other existing state or federal requirements.

8. ALTERNATIVES:

There are no viable, significant alternatives to the proposed amendment and none were considered.

9. FEDERAL STANDARDS:

Since there are no applicable federal standards for continuing education requirements for optometrists who are certified to use therapeutic pharmaceutical agents, the proposed amendment does not exceed any minimum federal standards for the same or similar subject areas.

10. COMPLIANCE SCHEDULE:

The proposed amendment will become effective on June 3, 2015. It is anticipated that the regulated parties will be able to comply with the proposed amendment by the effective date so that no additional period of time will be necessary to enable the regulated parties to comply.

The purpose of the proposed amendment is to provide optometrists, who are certified to use therapeutic pharmaceutical agents, with more flexibility in satisfying their continuing education requirements by expanding the list of methods of study that the State Education Department will consider acceptable for continuing education purposes. The expanded list of approved methods of study includes, but is not limited to, webinars and self-study programs.

The amendment is applicable only to optometrists, who are certified to use therapeutic pharmaceutical agents. The proposed amendments will not impose any reporting, recordkeeping, or other compliance requirements, or have any adverse economic impact, on small businesses or local governments. Because it is evident from the nature of the proposed amendment that it will not adversely affect small businesses or local governments, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required and one has not been prepared.

The purpose of the proposed amendment is to provide optometrists, who are certified to use therapeutic pharmaceutical agents, with more flexibility in satisfying their continuing education requirements by expanding the list of methods of study that the State Education Department will consider acceptable for continuing education purposes. The expanded list of approved methods of study includes, but is not limited to, webinars and self-study programs.

The proposed amendment is applicable only to optometrists, who are certified to use therapeutic pharmaceutical agents. The proposed amendments will not impose any reporting, recordkeeping, or other compliance requirements on entities in rural areas, or, have any adverse economic impact on rural areas of New York State. Accordingly, no further steps were needed to ascertain the impact of the proposed amendment on rural areas or entities in rural areas and none were taken.

The purpose of the proposed amendment is to provide optometrists, who are certified to use therapeutic pharmaceutical agents, with more flexibility in satisfying their continuing education requirements by expanding the list of methods of study that the State Education Department will consider acceptable for continuing education purposes. The expanded list of approved methods of study, includes, but is not limited to, webinars and self-study programs.

The proposed amendment will not have a substantial adverse impact on jobs and employment opportunities. Because it is evident from the nature of the proposed amendment that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.