New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter B - Regulation of Professions
Part 66 - Optometry
Section 66.6 - Continuing education for licensed optometrists certified to use phase one and/or phase two therapeutic pharmaceutical agents
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 66.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Definitions. As used in this section, acceptable accrediting agency means an organization accepted by the department as a reliable authority for the purpose of accreditation at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent and nondiscriminatory manner, such as an agency recognized for this purpose by the United States Department of Education.
(b) Applicability of requirements.
(1) Each optometrist, required
under article 143 of the Education Law to register with the department to
practice in New York State and certified to use topical therapeutic
pharmaceutical agents, therapeutic pharmaceutical agents, and/or oral
therapeutic pharmaceutical agents, shall comply with the mandatory continuing
education requirements as prescribed in subdivision (c) of this section, except
those licensees exempt from the requirement or who obtain an adjustment to the
requirement pursuant to paragraph (2) of this subdivision or who are subject to
a different requirement pursuant to this section.
(2) Exemptions and adjustments to the
requirement.
(i) Exemptions. Licensed
optometrists who are not engaged in the practice of optometry, as determined by
the department, shall be exempt from the continuing education requirements
prescribed in subdivision (c) of this section, upon the filing of a statement
with the department declaring such status. Any such licensee who returns to the
practice of optometry during the triennial registration period shall notify the
department prior to reentering the profession and shall meet the continuing
education requirements for the resumption of practice in New York State
prescribed in subdivision (e) of this section.
(ii) Adjustments to the requirement. An
adjustment to the continuing education requirement, as prescribed in
subdivision (c) of this section, may be made by the department, provided that
the licensee documents good cause that prevents compliance or the department
determines otherwise that there is good cause that prevents compliance, which
shall include, but not be limited to, any of the following reasons: poor health
or a specific physical or mental disability certified by an appropriate health
care professional; or extended active duty with the Armed Forces of the United
States; or other good cause beyond the licensee's control which in the judgment
of the department, makes it impossible for the licensee to comply with the
continuing education requirements in a timely
manner.
(c) Mandatory continuing education requirements.
(1) General requirements.
(i) During each triennial registration
period, meaning a registration period of three years' duration, an optometrist
certified to use topical therapeutic pharmaceutical agents and/or therapeutic
pharmaceutical agents for the treatment of glaucoma and ocular hypertension,
seeking to apply for registration shall complete at least 36 hours of
continuing education, acceptable to the department, as prescribed in paragraph
(3) of this subdivision.
(ii)
During each triennial registration period, meaning a registration period of
three years' duration, an optometrist certified to use oral therapeutic
pharmaceutical agents, seeking to apply for registration shall complete at
least 18 hours of additional continuing education, acceptable to the
department, as prescribed in paragraph (3) of this
subdivision.
(2)
Proration.
(i) Any licensed optometrist
certified to administer oral therapeutic pharmaceutical agents whose first
registration date following January 1, 2023 occurs less than three years from
such date shall complete continuing education hours on a prorated basis at the
rate of one and one-half hours of acceptable formal continuing education per
month for the period beginning January 1, 2023 up to the first registration
date thereafter. Such continuing education shall be completed during the period
beginning January 1, 2023 and ending before the first day of the new
registration period.
(ii) During
each registration or certification period of less than three years duration, an
applicant shall complete acceptable continuing education, as prescribed in
paragraph (3) of this subdivision, on a prorated basis at the rate of one hour
of continuing education per month for those certified to administer topical
therapeutic pharmaceutical agents and/or therapeutic pharmaceutical agents for
the treatment of glaucoma and ocular hypertension and, for those certified to
administer oral therapeutic pharmaceutical agents, on a prorated basis at the
rate of one and one-half hour of continuing education per month for such
registration or certification period.
(3) Acceptable formal continuing education.
To be acceptable to the department, continuing education shall meet the
requirements of this paragraph. Such continuing education must be in subjects
prescribed in subparagraph (i) of this paragraph and be the types of learning
activities prescribed in subparagraph (ii) of this paragraph and subject to the
prohibition contained in subparagraph (iii) of this paragraph.
(i) Subjects.
(a) Acceptable continuing education of a
licensee certified to use topical therapeutic pharmaceutical agents and/or
therapeutic pharmaceutical agents for the treatment of glaucoma and ocular
hypertension shall be in the area of ocular disease and pharmacology and may
include both didactic and clinical components.
(b) Acceptable continuing education of a
licensee certified to use oral therapeutic pharmaceutical agents shall be in
the area of systemic disease with ocular involvement and related therapeutic
treatments and may include both didactic and clinical
components.
(ii)
(a) Types of learning activities. Acceptable
continuing education shall be the types of learning activities prescribed in
this subparagraph and shall be subject to the limitations prescribed in this
subparagraph and subparagraph (iii) of this paragraph.
(b) Courses of learning. Acceptable
continuing education shall be courses of learning offered by a sponsor approved
by the department pursuant to subdivision (i) of this section.
(1) For optometrists certified for topical
therapeutic pharmaceutical agents and/or therapeutic pharmaceutical agents for
the treatment of glaucoma and ocular hypertension, at least 27 hours of
continuing education in a registration period shall consist of live instruction
in a formal course of study offered by a sponsor approved by the department
pursuant to subdivision (i) of this section, during which the student must be
able to communicate and interact with the instructor and other students. Up to
nine hours of such continuing education in a registration period may be
completed through a self-study program, meaning structured study, provided by a
sponsor approved pursuant to subdivision (i) of this section, 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.
(2) For optometrists certified for oral
therapeutic pharmaceutical agents, in addition to meeting the continuing
education prescribed in subclause (1) of this clause, such optometrists shall
also complete at least 18 hours of such continuing education in a registration
period shall consist of live instruction in a formal course of study offered by
a sponsor approved by the department pursuant to subdivision (i) of this
section, during which the student must be able to communicate and interact with
the instructor and other students. Up to nine hours of such continuing
education in a registration period may be completed through a self-study
program, meaning structured study, provided by a sponsor approved pursuant to
subdivision (i) of this section, 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.
(iii) Prohibition. Any continuing education
designed for the sole purpose of personal development, marketing, business
practices, and maximizing profits for the practice of a licensed optometrist
shall not be considered as acceptable continuing education by the
department.
(4) Continuing
education programs must be approved in advance by the department. Continuing
education programs shall be deemed approved if they are offered by a sponsor
who is approved pursuant to subdivision (i) of this section and meet the
requirements of acceptable continuing education pursuant to paragraph (3) of
this subdivision.
(d) Renewal of certification.
(1) At each
re-registration, licensed optometrists shall certify to the department that
they have either complied with the continuing education requirements, as
prescribed in subdivision (c) of this section, or are subject to an exemption
or adjustment to such continuing education requirements, as prescribed in
subdivision (b) of this section.
(2) A licensee who has not satisfied the
mandatory continuing education requirements shall not practice until such
requirements have been met and the licensee has been issued a registration
certificate by the department, except where a licensee has been issued a
conditional registration, as provided for in subdivision (f) of this
section.
(3) Continuing education
hours taken during one registration period may not be transferred to the
subsequent registration period.
(e) Requirement for lapse in practice.
(1) A licensee returning to the practice of
optometry after a lapse in practice, as evidenced by not being registered to
practice in New York State, whose first registration date after such lapse in
practice occurs less than three years from January 1, 2023 shall be required to
complete:
(i) at least one hour of acceptable
continuing education for each month that the licensee was not registered to
practice for a licensee certified to use topical therapeutic pharmaceutical
agents and/or therapeutic pharmaceutical agents for the treatment of glaucoma
and ocular hypertension or at least one and one-half hours of acceptable
continuing education for each month that a licensee was not registered to
practice for a licensee certified to use oral therapeutic pharmaceutical agents
from January 1, 2023 until the beginning of the new registration period.
(a) For a licensee who has not lawfully
practiced optometry continuously in another jurisdiction throughout such lapse
period, such continuing education shall be completed in the 12-month period
before the beginning of the new registration period.
(b) For a licensee who has lawfully practiced
as a licensed optometrist continuously in another jurisdiction throughout such
lapse period, such continuing education shall be completed in the new
registration period or, at the option of the licensee, in the period beginning
36 months before the commencement of the new registration period and ending at
the conclusion of such new registration period; and
(ii)
(a)
for a licensee who has not lawfully practiced as a licensed optometrist
continuously in another jurisdiction throughout such lapse period, at least 12
hours of acceptable continuing education in each successive 12-month period of
the new registration period for a licensee certified to use topical therapeutic
pharmaceutical agents and/or therapeutic pharmaceutical agents for the
treatment of glaucoma and ocular hypertension or at least 18 hours of
acceptable continuing education for a licensee certified to use oral
therapeutic pharmaceutical agents; or
(b) for a licensee who has lawfully practiced
optometry continuously in another jurisdiction throughout such lapse period,
the regular continuing education requirement described in subdivision (c) of
this section during the new registration period.
(2) Except as prescribed in paragraph (1) of
this subdivision for registrations therein specified, a licensee who returns to
practice as a licensed optometrist after a lapse in practice in which the
licensee was not registered to practice in New York State and did not lawfully
practice continuously in another jurisdiction throughout the lapse period,
shall be required to complete:
(i) the
continuing education requirement applicable to the period of time the licensee
was registered in the licensee's last registration period;
(ii) at least one hour of acceptable
continuing education for each month of lapsed registration up to a maximum 36
hours if certified to use topical therapeutic pharmaceutical agents and/or
therapeutic pharmaceutical agents for the treatment of glaucoma and ocular
hypertension or a maximum of 54 hours if certified to use oral therapeutic
pharmaceutical agents. Such continuing education shall be completed in the 12
months before the beginning of the new registration period; and
(iii) at least 12 hours of acceptable
continuing education in each succeeding 12-month period if certified to use
topical therapeutic pharmaceutical agents and/or therapeutic pharmaceutical
agents for the treatment of glaucoma and ocular hypertension or 18 hours if
certified to use oral therapeutic pharmaceutical agents, after such
registration is reissued, until the next registration date.
(3) Except as prescribed in paragraph (1) of
this subdivision for registrations therein specified, a licensee who returns to
the practice of optometry after a lapse in practice in which the licensee was
not registered to practice in New York State but did lawfully practice
optometry continuously in another jurisdiction throughout the lapse period,
shall be required to complete:
(i) the
continuing education requirement applicable to the period of time the licensee
was registered in the licensee's last registration period;
(ii) at least one hour of acceptable
continuing education if certified to use topical therapeutic pharmaceutical
agents and/or therapeutic pharmaceutical agents for the treatment of glaucoma
and ocular hypertension and one-and-one-half hours if certified to use oral
therapeutic pharmaceutical agents for each month of lapsed registration up to a
maximum of 36 hours. Such continuing education shall be completed in the new
registration period or, at the option of the licensee, in the period beginning
36 months before the commencement of the new registration period and ending at
the conclusion of the new registration period; and
(iii) the regular continuing education
requirement during the new registration period.
(f) Conditional registration.
(1) The department may issue a conditional
registration to a licensee who attests to or admits to noncompliance with the
continuing education requirements of this section, provided that such licensee
meets the following requirements:
(i) the
licensee agrees to remedy such deficiency within the conditional registration
period;
(ii) the licensee agrees to
complete the regular continuing education requirement at the rate of one hour
of acceptable continuing education per month during such conditional
registration period; and
(iii) the
licensee agrees to complete additional continuing education during such
conditional registration period, which the department may require to ensure the
licensee's proper delivery of optometric services consistent with the
licensee's practice.
(2)
The duration of such conditional registration shall not exceed one year and
shall not be renewed or extended.
(g) Licensee records.
(1) Each licensee subject to the requirements
of this section shall maintain a record of completed continuing education,
which includes: the title of the course, the type of educational activity if an
educational activity, the subject of the continuing education, the number of
hours of continuing education completed, the sponsor's name and identifying
number (if applicable), attendance verification, and the date and location of
the continuing education. The Department has the right to access the above
records whether maintained by a sponsor or third party.
(2) Such records shall be retained for at
least six years from the date of completion of the continuing education and
shall be made available for review by the department in the administration of
the requirements of this section.
(h) Measurement of continuing education study. Continuing education credit shall be granted only for acceptable continuing education as prescribed in subdivision (c) of this section. For continuing education courses, a minimum of 50 minutes of study shall equal one continuing education hour of credit. For credit-bearing university or college courses, each semester-hour of credit shall equal 15 continuing education hours of credit, and each quarter-hour of credit shall equal 10 continuing education hours of credit.
(i) Sponsor approval.
(1) A sponsor may only deliver a
continuing education course if it is approved by the department under the
circumstances described in paragraph (2) or (3) of this subdivision.
(2) Sponsors of continuing education courses
in the form of courses of learning or self-study programs shall be approved if
the sponsor submits an application to the department and is:
(i) a post-secondary institution authorized
to offer programs in optometry leading to licensure registered pursuant to Part
52 of this Title or accredited by an acceptable accrediting agency;
or
(ii) a national organization of
jurisdictional boards of optometry that promotes and protects the health,
safety and welfare of the public and fosters good practice of optometry that
have standards for approving sponsors of continuing education that include, but
are not limited to, standards that are equivalent to the standards prescribed
in paragraph (3) of this subdivision.
(3) Department review of sponsors.
(i) All sponsors that do not meet the
criteria described in paragraph (2) of this subdivision must be reviewed by the
department prior to the delivery of continuing education to licensed
optometrists.
(ii) An organization
desiring to offer continuing education based upon a department review under
this paragraph shall submit, with the fee as set forth in paragraph (j)(3) of
this section, an application for advance approval as a sponsor at least 90 days
prior to the date of the commencement of such continuing education. In the
application, the organization must demonstrate that it:
(a) will offer courses of learning or
self-study programs in one or more of the subjects prescribed for acceptable
continuing education in subparagraph (c)(3)(i) of this section;
(b) has expertise in the professional areas
that will be taught;
(c) provides
course instructors who are qualified to teach the courses that will be offered,
such as faculty of an optometry program offered by a higher education
institution or instructors who are specially qualified authorities in the
subject area as determined by the department;
(d) offers a method for assessing the
learning of participants; and
(e)
will maintain records for at least six years from the date of completion of
coursework, which shall include, but shall not be limited to, the name and
curriculum vitae of the faculty, a record of attendance of optometrists in the
course if a course, a record of participation of optometrists in the
self-instructional coursework if self-instructional coursework, an outline of
the course, date and location of the course, and the number of hours for
completion of the course.
(iii) A course that is approved by the
department pursuant to the requirements of this paragraph may be offered as
long as departmental approval is maintained by the sponsor.
(iv) Sponsors that are approved by the
department pursuant to the requirements of this paragraph shall be approved for
a three-year term.
(v) The
department may conduct site visits of, or request information from, a sponsor
approved pursuant to the requirements of this paragraph to ensure compliance
with such requirements. A sponsor shall cooperate with the department in
permitting such site visits and in providing such information.
(vi) If the department determines that an
approved sponsor is not meeting the standards set forth in this paragraph, the
department may revoke the sponsor's approved status.
(vii) If an approved sponsor discontinues
operation, the governing body of such sponsor shall notify the department and
transfer continuing education records as directed by the department.
(j) Fees
(1) At the beginning of each registration
period, a mandatory continuing education fee of $45 shall be collected from
licensees engaged in the practice of optometry in New York State, except for
those exempt from the requirement pursuant to subparagraph (b)(2)(i) of this
section. This fee shall be in addition to any applicable registration fees
required by section
7104 of the
Education Law.
(2) Licensees
applying for a conditional registration, pursuant to the requirements of
subdivision (f) of this section, shall pay a fee that is the same as, and in
addition to, any applicable fee for the triennial registration required by
section
7104 of the
Education Law. In addition, such licensees shall pay the $45 mandatory
continuing education fee.
(3)
Organizations desiring to offer continuing education to licensed optometrists
based upon a department review, pursuant to paragraph (i)(3) of this section,
shall submit an application fee of $900 with the application requesting the
issuance of a permit from the department to become an approved sponsor of a
formal continuing education program. A fee of $900 shall accompany an
application for a three-year renewal of the permit.
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