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OPHTHALMIC DISPENSERS

KRS tit. XXVI, ch. 326
in effect

KRS 326.010 Definitions for chapter -- When prescriptions required

326.010. Definitions for chapter -- When prescriptions required As used in this chapter: (1) "Board" means the "Kentucky Board of Ophthalmic Dispensers"; (2) "Ophthalmic dispensing" means that a person prepares and dispenses lenses, spectacles, eyeglasses, or appurtenances thereto to the intended wearers on written prescriptions from licensed physicians, osteopaths, or optometrists, and in accordance with these prescriptions, interprets, measures, adapts, fits, and adjusts the lenses, spectacles, eyeglasses, or appurtenances thereto to the human face for the aid or correction of visual or ocular anomalies of the human eyes. The services and appliances relating to ophthalmic dispensing shall be dispensed, furnished, or supplied to the intended wearer or user only upon a written prescription issued by a physician, osteopath, or optometrist. Duplications, replacements, reproductions, or repetitions may be provided without prescriptions, but shall be construed to be ophthalmic dispensing the same as if performed on the basis of an original written prescription; and (3) "Optical establishment" means any establishment where ophthalmic dispensing services for the general public are offered, advertised, or performed. "Optical establishment" shall not include any establishment that comes under the practice of medicine by a duly licensed physician, the practice of osteopathy by a duly licensed osteopath, or the practice of optometry by a duly licensed optometrist. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 105, sec. 1, effective June 26, 2007. -- Created 1954 Ky. Acts ch. 27, sec. 1, effective June 17, 1954.

KRS 326.020 Kentucky Board of Ophthalmic Dispensers -- Membership -- Appointment -- Qualifications -- Terms -- Powers

326.020. Kentucky Board of Ophthalmic Dispensers -- Membership -- Appointment -- Qualifications -- Terms -- Powers (1) There is hereby created a board of ophthalmic dispensers to be known as the "Kentucky Board of Ophthalmic Dispensers." It shall consist of five (5) members to be appointed by the Governor, one (1) member of which shall be a licensed medical physician or osteopath experienced in the treatment and examination of eyes and one (1) member of which shall be a licensed optometrist. Two (2) members shall be licensed ophthalmic dispensers. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. They shall not pass upon their own qualifications. The board shall elect one (1) of its members chairman and one (1) member secretary-treasurer. These officers shall serve at the pleasure of the board. (2) Members shall serve for a period of four (4) years from the date of their appointment and qualification. At the expiration of the term of office of any member, the Governor shall appoint a successor for a term of four (4) years. (3) (a) The board may promulgate administrative regulations to carry out the purposes and provisions of this chapter, including the licensing of apprentice ophthalmic dispensers and the adoption of a program for continuing education for all licensees. (b) No licensee shall be permitted to renew his or her license, unless the minimum annual continuing education requirements have been completed. No program for continuing education shall contain, as a prerequisite for license renewal, a requirement for more than a total of six (6) credit hours per year for ophthalmic dispenser licensees, or four (4) credit hours per year for apprentice ophthalmic dispenser licensees. (4) Board members shall receive fifty dollars ($50) per day for attending board meetings. Board members shall also be reimbursed for reasonable and necessary expenses incurred in the performance of their duties. (5) The board may: (a) Revoke, suspend, or refuse to issue or renew licenses; impose probationary or supervisory conditions upon licensee; or issue written reprimands to licensees, in accordance with KRS 326.090; (b) Impose administrative fines in accordance with KRS 326.100; or (c) Take any other action or combination of actions regarding licenses, licensees, or apprenticeships authorized by this chapter. (6) For the purpose of enforcing the provisions of this chapter, the board may administer oaths, receive evidence, interview persons, issue subpoenas, and require the production of books, papers, documents, or other evidence. (7) The board may seek injunctive relief in Franklin Circuit Court to enjoin violation of KRS 326.030. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 65, sec. 1, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 183, sec. 2, effective July 15, 1994. -- Amended 1978 Ky. Acts ch. 154, sec. 35, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 206, sec. 22. -- Created 1954 Ky. Acts ch. 27, sec. 11, effective June 17, 1954.

KRS 326.030 Licenses required

326.030. Licenses required No person shall engage in the practice of ophthalmic dispensing unless he or she is duly licensed to practice medicine, osteopathy, or optometry in this Commonwealth or unless he or she is the holder of a license as an ophthalmic dispenser; provided, this section shall not be so construed as to prohibit a firm or corporation from operating a business which comes within the meaning of ophthalmic dispensing, if each of its employees either (1) coming in contact with the public and performing for the public any service or services included within the meaning of ophthalmic dispensing, or (2) otherwise performing any work or service required by this chapter to be performed by an ophthalmic dispenser, is the holder of a license as an ophthalmic dispenser. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 65, sec. 2, effective July 14, 2000. -- Created 1954 Ky. Acts ch. 27, sec. 2, effective June 17, 1954.

KRS 326.035 Apprentice license and temporary apprentice permit

326.035. Apprentice license and temporary apprentice permit (1) The board shall, upon payment of a fee not to exceed fifty dollars ($50), issue an apprentice license to any person in training for the vocation of ophthalmic dispenser, under the supervision of a licensed ophthalmic dispenser, and otherwise qualified pursuant to the administrative regulations promulgated by the board. The apprentice license shall be valid for not more than one (1) year and shall expire on December 31 of the year in which it was issued. (2) Applications for renewal apprentice licenses shall be made with the board prior to expiration of the current license, in accordance with administrative regulations promulgated by the board. Renewal apprentice licenses may be issued by the board upon payment of a fee not to exceed fifty dollars ($50). (3) As a prerequisite for apprentice license renewal, licensees shall provide adequate proof that they have obtained at least four (4) hours of continuing education credits, approved by the board, during the previous twelve (12) months. (4) The chairman of the board may issue a temporary apprentice permit to any person duly qualified under subsection (1) of this section. The temporary apprentice license, unless approved by the board, shall expire upon adjournment of the next regular meeting of the board. (5) A sponsor of an apprentice shall file with the board an outline of the training schedule he proposes to follow in training the apprentice, and an overview of the facilities located at his establishment. These facilities shall be sufficient to provide adequate training of an apprentice. (6) An apprentice shall notify the board, within seven (7) days if his employment with his sponsor is terminated, or the supervisory relationship with his sponsor no longer exists. (7) The board shall limit the number of apprentices to no more than two (2) apprentices per licensed ophthalmic dispenser in each establishment. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 183, sec. 1, effective July 15, 1994.

KRS 326.040 Issuance of license -- Fee -- Examinations

326.040. Issuance of license -- Fee -- Examinations A license as an ophthalmic dispenser shall be issued by the board to any person who pays a fee of fifty dollars ($50) and submits evidence under oath satisfactory to the board: (1) That he or she is more than eighteen (18) years of age and of good moral character; (2) That he or she possesses a high school diploma or a High School Equivalency Diploma; (3) That he or she has at least two (2) years of satisfactory training and experience in ophthalmic dispensing under the supervision of an ophthalmic dispenser, physician, osteopath, or optometrist, or is a graduate of an accepted school of ophthalmic dispensing; (4) That he or she has passed a satisfactory examination in ophthalmic dispensing approved by the board. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 63, sec. 33, effective June 29, 2017. -- Amended 2000 Ky. Acts ch. 65, sec. 3, effective July 14, 2000. -- Amended 1970 Ky. Acts ch. 120, sec. 16. -- Created 1954 Ky. Acts ch. 27, sec. 3, effective June 17, 1954.

KRS 326.060 Dispenser not to examine or treat eyes -- Fitting of contact lenses

326.060. Dispenser not to examine or treat eyes -- Fitting of contact lenses Nothing in this chapter shall be construed to authorize or permit any ophthalmic dispenser to hold himself out as being able to, or to either offer, undertake or attempt, by any means or method, to examine or exercise eyes, to fit contact lenses, or to diagnose, treat, correct, relieve, operate or prescribe for any human ailment, deficiency, deformity, disease, injury, pain or physical condition except that an ophthalmic dispenser holding a license as such issued hereunder may fit contact lenses under the supervision of a physician, osteopath or optometrist. Effective: June 17, 1954 History: Created 1954 Ky. Acts ch. 27, sec. 5, effective June 17, 1954.

KRS 326.070 Exemptions from chapter

326.070. Exemptions from chapter (1) Nothing in the provisions of this chapter relating to ophthalmic dispensing shall be construed to limit or restrict, in any respect, the practice of medicine by duly licensed physicians, the practice of osteopathy by duly licensed osteopaths, or the practice of optometry by duly licensed optometrists. A licensed physician, osteopath, or optometrist shall have all the rights and privileges of ophthalmic dispensers licensed under this chapter. (2) This chapter shall not be construed to prohibit an unlicensed person from performing mechanical work upon inert matter in an optical office, laboratory, or shop. (3) Persons, firms, and corporations that sell completely assembled eyeglasses or spectacles without advice or aid as to their selection, as merchandise, from permanently located or established places of business shall not be subject to this chapter. (4) Physicians, osteopaths, optometrists, and their employees while working under their regulation and supervision shall have the right to practice ophthalmic dispensing without qualifying under this chapter and shall not be subject to any of the provisions of this chapter. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 105, sec. 2, effective June 26, 2007. -- Created 1954 Ky. Acts ch. 27, secs. 6 to 9, effective June 17, 1954.

KRS 326.080 Renewal of licenses

326.080. Renewal of licenses (1) A license to practice ophthalmic dispensing shall be renewed each year by the payment of a fee which shall be established by administrative regulation promulgated by the board, unless the license has been suspended or revoked by the board. (2) Effective January 1, 1996, as a prerequisite for license renewal, licensees shall provide adequate proof that they have obtained at least six (6) hours of continuing education credits, approved by the board, during the previous twelve (12) months. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 54, sec. 1, effective July 15, 2024. -- Amended 1994 Ky. Acts ch. 183, sec. 3, effective July 15, 1994. -- Created 1954 Ky. Acts ch. 27, sec. 10, effective June 17, 1954.

KRS 326.090 Causes for revocation or suspension of licenses -- Fines -- Reprimand

326.090. Causes for revocation or suspension of licenses -- Fines -- Reprimand (1) The board may refuse to issue a license, or may suspend, revoke, impose probationary conditions upon, impose an administrative fine upon, or issue a written reprimand against the holder of a license to practice ophthalmic dispensing or an apprentice license if the applicant or licensee has: (a) Committed a dishonest or corrupt act, if in accordance with KRS Chapter 335B. If the act is a crime, conviction in a criminal proceeding shall not be a condition precedent to disciplinary action. Upon conviction of the crime, the judgment and sentence are presumptive evidence of guilt at the ensuing disciplinary hearing of the licensee. Conviction includes all instances in which a plea of no contest is the basis of the conviction; (b) Committed any unfair, false, misleading, or deceptive act or practice; (c) Been incompetent or negligent in the practice of ophthalmic dispensing; (d) Failed to comply with a lawful order of the board; (e) Aided or abetted another person in falsely procuring or attempting to procure a license; (f) Aided or abetted an unlicensed person in activities which violate KRS 326.030 and which are not otherwise exempted from the provisions of this chapter; (g) Exhibited chronic or persistent inebriety or addiction to a drug habit, to an extent that disqualifies the applicant or the licensee from practicing with safety to the public; (h) Committed fraud or deception in the application or in the examination for the license; or (i) Violated any provisions of this chapter or administrative regulations promulgated in accordance with this chapter. (2) The board may impose a fine against any person who: (a) Operates an optical establishment without the supervision of a Kentucky-licensed ophthalmic dispenser; (b) Allows, aids, or abets an unlicensed person to perform activities that violate KRS 326.030 and are not otherwise exempted from the provisions of this chapter; or (c) Allows a Kentucky licensed ophthalmic dispenser to supervise more than one (1) optical establishment at the same time. (3) After investigating an alleged violation and offering the licensee the opportunity to respond to the allegation, the board may issue a written reprimand to the licensee if the board determines that a violation that is not of a serious nature has occurred. A copy of the reprimand shall be placed in the permanent file of the licensee. The licensee may file a written response to the reprimand within thirty (30) days of receiving the reprimand or may request a hearing with the board. If the licensee responds to the reprimand, his or her response shall be placed in the licensee's permanent file. If the licensee requests a hearing, the board shall set aside the written reprimand, pending the outcome of a hearing by the board under the provisions of KRS Chapter 13B. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 76, effective June 29, 2017. -- Amended 2007 Ky. Acts ch. 105, sec. 3, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 65, sec. 4, effective July 14, 2000. -- Created 1954 Ky. Acts ch. 27, sec. 12, effective June 17, 1954.

KRS 326.100 Hearings -- Appeals

326.100. Hearings -- Appeals (1) The board, before suspending, revoking, imposing probationary, or supervisory conditions upon, imposing an administrative fine, issuing a written reprimand, or taking any combination of these actions regarding any person under this chapter, shall conduct a hearing under the provisions of KRS Chapter 13B, upon the request of that person. (2) After denying an application under the provisions of this chapter, the board shall grant a hearing to the denied applicant under the provisions of KRS Chapter 13B. (3) Any applicant aggrieved by a disciplinary action of the board may appeal the final order of the board to the Circuit Court in the county in which the licensee is practicing in accordance with KRS Chapter 13B. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 105, sec. 4, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 65, sec. 5, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 318, sec. 298, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 114, sec. 86, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 315, sec. 66. -- Created 1954 Ky. Acts ch. 27, sec. 13, effective June 17, 1954.

KRS 326.120 Deposit of fees in agency fund

326.120. Deposit of fees in agency fund All fees imposed and collected under the provisions of this chapter shall be paid to the secretary-treasurer of the board for the use of the board, and shall be deposited in the State Treasury to the credit of an agency fund for the use of the board. Effective: June 17, 1954 History: Created 1954 Ky. Acts ch. 27, sec. 15, effective June 17, 1954.

KRS 326.990 Penalties

326.990. Penalties Any person who shall directly or indirectly engage in the practice of ophthalmic dispensing or hold himself or herself out to the public as being able so to do, or who shall violate any of the provisions of this chapter relating to ophthalmic dispensing, or having had his or her license suspended or revoked shall continue to engage in the practice of ophthalmic dispensing, or who directly or indirectly employs, permits or authorizes an unlicensed person to engage in the practice of ophthalmic dispensing shall be guilty of a misdemeanor, and, upon conviction, shall be punished by imprisonment for not more than thirty (30) days, or by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by both such fine and imprisonment, and each such violation shall be deemed a separate offense. Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 65, sec. 6, effective July 14, 2000. -- Created 1954 Ky. Acts ch. 27, sec. 16, effective June 17, 1954.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38862Fetched: 10/20/2026

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