N.Y. Education Law § 7105: Exempt persons

§ 7105. Exempt persons. Nothing in this article shall be construed to

affect or prevent:

a. A student actively enrolled in a school of optometry with

accreditation acceptable to the department from engaging in clinical

practice under the supervision of a licensed and currently registered

optometrist or physician; or

b. A person licensed to practice optometry from using a degree

conferred in course after resident study by an educational institution

lawfully authorized by the state in which it is located to confer such a

degree.

c. An optometrist licensed in another state or country who is employed

on a full-time basis by a registered school of optometry as a faculty

member with the rank of assistant professor or higher from conducting

research and clinical demonstrations as part of such employment, under

the supervision of a licensed optometrist and on the premises of the

school. No fee may be charged for the practice of optometry authorized

by this subdivision.

d. 1. A person in training or appropriately trained and deemed

qualified by the supervising licensed optometrist, to assist a licensed

optometrist in the care of a patient for the purpose of instilling

mydriatic or cycloplegic eye drops and anesthetic eye drops in

conjunction with such dilating drops to the surface of the eye of a

patient, provided that the person instilling such eye drops is:

(i) under the on-site supervision of a supervising licensed

optometrist;

(ii) at least eighteen years of age; and

(iii) complies with standards issued by the department.

2. The supervising licensed optometrist shall submit a form prescribed

by the department, detailing the identity of each person instilling

mydriatic or cycloplegic eye drops and anesthetic eye drops in

conjunction with such dilating drops to the surface of the eye of a

patient, under his or her supervision, attesting to compliance with the

above requirements.

3. The supervising licensed optometrist's use of any such person

pursuant to the terms of this subdivision shall be undertaken with

professional judgment in order to ensure the safety and well-being of

the patient. Such use shall subject the licensed optometrist to the full

disciplinary and regulatory authority of the board of regents and the

department pursuant to this title. The licensed optometrist must notify

the patient or the patient's designated health care surrogate that the

licensed optometrist may utilize the services of an individual to

administer certain eye drops and must provide the patient or the

patient's designated health care surrogate the opportunity to refuse the

licensed optometrist's plan to utilize such person.