COUNSEL’S CORNER

Counsel’s Corner: NYSOA Legal Updates

By Katherine Herlihy, Whiteman Osterman & Hanna LLP We continue to work with the State Education Department (SED) and Department of Health (DOH) to seek clarification from DOH that licensed clinical laboratories are permitted to accept orders for lab work from (and return results to) licensed optometrists. DOH maintains guidance and a regulation outlining the licensed professions from whom clinical laboratories may accept orders for lab work and optometrists are currently not included in either the regulation or the guidance document. SED has reaffirmed that optometrists are able to order lab work related to conditions of the eye, and DOH is working in coordination with SED to update the guidance document. At SED and DOH’s request this fall, NYSOA helped to prepare a list of tests that optometrists order related to conditions of the eye. We will continue to work with SED and DOH to ensure DOH’s guidance document is updated. As has been reported previously, the New York State Department of Health (DOH) has recommended to the State Education Department (SED) that SED add Rho Kinase (ROCK) Inhibitors to the list of Phase II therapeutic pharmaceutical agents authorized to be used by certified licensed optometrists. Earlier this fall, NYSOA submitted to SED a recommended regulatory amendment to 8 NYCRR Section 66.5 to add ROCK Inhibitors to the list of Phase II therapeutic pharmaceutical agents. SED (the main regulatory agency that must propose the Regulation) will be pursuing the regulatory amendment. While we were hopeful that the New York State Board of Regents (the body that oversees SED) would approve the regulation for publication in the New York State Register for public comment this fall, we understand that due to many competing priorities within SED, the Regents may not consider this topic until after the new year.

COVID-19: Reopening New York

As New York State begins to ease pandemic restrictions, we encourage you to continue referencing the Department of Health guidance available at coronavirus.health.ny.gov for news and updates. Healthcare settings, as well as Pre-K to 12 schools, public transit, homeless shelters, correctional facilities, and nursing homes, have been directed to continue following the State’s existing COVID-19 health guidelines until more New Yorkers are fully vaccinated. Please refer to the press release issued on May 17, 2021, "Governor Cuomo Announces New York State to Adopt New CDC Guidance on Mask Use and Social Distancing for Fully Vaccinated Individuals," for additional details or visit forward.ny.gov.

Additional Resources:

NYSOA: www.nysoa.org/covid-19 AOA: www.aoa.org/covid-19/covid-19-latest-updates

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