KRS 320.010 Repealed, 1954
320.010. Repealed, 1954
Catchline at repeal: Definitions.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 1.
OPTOMETRISTS
KRS tit. XXVI, ch. 320
in effectKRS 320.020 Repealed, 1954
320.020. Repealed, 1954
Catchline at repeal: Prohibited practices.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 2.
KRS 320.030 Repealed, 1954
320.030. Repealed, 1954
Catchline at repeal: Qualifications of applicant for license.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 3.
KRS 320.040 Repealed, 1954
320.040. Repealed, 1954
Catchline at repeal: Applications -- Examinations -- License certificates.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 4.
KRS 320.050 Repealed, 1954
320.050. Repealed, 1954
Catchline at repeal: Fee for examination and license -- Renewal of license.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 5.
KRS 320.060 Repealed, 1954
320.060. Repealed, 1954
Catchline at repeal: Validity of licenses under former law.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 23.
KRS 320.070 Repealed, 1954
320.070. Repealed, 1954
Catchline at repeal: Registration of license with county clerk.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 6.
KRS 320.080 Repealed, 1954
320.080. Repealed, 1954
Catchline at repeal: Grounds for suspension, revocation or refusal to issue license.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 7.
KRS 320.090 Repealed, 1954
320.090. Repealed, 1954
Catchline at repeal: Initiation of proceedings for suspension or revocation of license.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 8.
KRS 320.100 Repealed, 1954
320.100. Repealed, 1954
Catchline at repeal: Hearing -- Determination of suspension, or revocation proceedings.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 9.
KRS 320.110 Repealed, 1954
320.110. Repealed, 1954
Catchline at repeal: Record of revocation or suspension.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 10.
KRS 320.120 Repealed, 1954
320.120. Repealed, 1954
Catchline at repeal: Appeal from revocation order.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 11.
KRS 320.130 Repealed, 1954
320.130. Repealed, 1954
Catchline at repeal: Reissuance of revoked license.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 12.
KRS 320.140 Repealed, 1954
320.140. Repealed, 1954
Catchline at repeal: Kentucky Board of Optometric Examiners -- Appointment -- Membership -- Terms -- Qualifications -- Vacancies -- Expenses -- Salary of secretary-treasurer.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 13.
KRS 320.150 Repealed, 1954
320.150. Repealed, 1954
Catchline at repeal: Officers of board -- Meetings -- Quorum -- Record books.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 14.
KRS 320.160 Repealed, 1954
320.160. Repealed, 1954
Catchline at repeal: Powers of board -- Attorney -- Rules and regulations -- Annual report.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 15.
KRS 320.170 Repealed, 1954
320.170. Repealed, 1954
Catchline at repeal: Practice under name of another prohibited -- Exceptions.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 16.
KRS 320.180 Repealed, 1954
320.180. Repealed, 1954
Catchline at repeal: Agency fund for administration.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 17.
KRS 320.190 Repealed, 1954
320.190. Repealed, 1954
Catchline at repeal: Injunction against unauthorized practice -- Denial of compensation.
History: Repealed 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 18.
KRS 320.200 Declaration of legislative policy concerning practice of optometry
320.200. Declaration of legislative policy concerning practice of optometry
The practice of optometry in the Commonwealth of Kentucky is hereby declared to affect the public health and safety and is subject to regulation and control in the public interest. Optometry is hereby declared to be a learned profession and it is further declared to be a matter of public interest and concern that the practice of optometry as defined in this chapter and the optometric profession merit and receive the confidence of the public and that only qualified persons be admitted to the practice of optometry and be permitted to so practice in the Commonwealth of Kentucky. This chapter shall be liberally construed to carry out these objects and purposes in accordance with this declaration of policy.
History: Created 1954 Ky. Acts ch. 183, sec. 1.
KRS 320.210 Definitions for chapter
320.210. Definitions for chapter
As used in this chapter, unless the context requires otherwise:
(1) "Board" means the Kentucky Board of Optometric Examiners;
(2) "Practice of optometry" means:
(a) The evaluation, diagnosis, prevention, or surgical, nonsurgical, or related treatment of diseases, disorders, or conditions of the eye and its appendages and their impact on the human body provided by an optometrist within the scope of his or her education, training, and experience and in accordance with this chapter, the ethics of the profession, and applicable law. The practice of optometry includes the examination, diagnosis, and treatment of the human eye and its appendages to correct and relieve ocular abnormalities and to determine eye health, the visual efficiency of the human eye, or the powers or defects of vision in any authorized manner, including but not limited to: 1. Prescribing and adapting lenses, contact lenses, spectacles, eyeglasses, prisms, ocular devices, and all routes of administration of pharmaceutical agents, as authorized by KRS 320.240; or 2. Employing vision therapy or orthoptics, low vision rehabilitation, and laser surgery procedures, excluding retina, LASIK, and PRK. The practice of optometry includes the correction and relief of ocular abnormalities by surgical procedures not excluded in paragraph (b) of this subsection;
(b) The following procedures are excluded from the scope of practice of optometry, except for the preoperative and postoperative care of these procedures: 1. Retina laser procedures, LASIK, and PRK; 2. Nonlaser surgery related to removal of the eye from a living human being; 3. Nonlaser surgery requiring full thickness incision or excision of the cornea or sclera other than paracentesis in an emergency situation requiring immediate reduction of the pressure inside the eye; 4. Penetrating keratoplasty (corneal transplant), or lamellar keratoplasty; 5. Nonlaser surgery requiring incision of the iris and ciliary body, including iris diathermy or cryotherapy; 6. Nonlaser surgery requiring incision of the vitreous; 7. Nonlaser surgery requiring incision of the retina; 8. Nonlaser surgical extraction of the crystalline lens; 9. Nonlaser surgical intraocular implants; 10. Incisional or excisional nonlaser surgery of the extraocular muscles; 11. Nonlaser surgery of the eyelid for eyelid malignancies or for incisional cosmetic or mechanical repair of blepharochalasis, ptosis, and tarsorrhaphy; 12. Nonlaser surgery of the bony orbit, including orbital implants; 13. Incisional or excisional nonlaser surgery of the lacrimal system other than lacrimal probing or related procedures; 14. Nonlaser surgery requiring full thickness conjunctivoplasty with graft or flap; 15. Any nonlaser surgical procedure that does not provide for the correction and relief of ocular abnormalities; 16. Laser or nonlaser injection into the posterior chamber of the eye to treat any macular or retinal disease; and 17. The administration of general anesthesia;
(c) Any person shall be regarded as practicing optometry if he or she: 1. Performs or advertises to perform optometric operations of any kind, including diagnosing or treating diseases of the eye or visual system or deficiencies of the eye and its appendages, or attempts to correct the vision thereof; 2. Prescribes, provides, furnishes, adapts, uses, or employs lenses, prisms, contact lenses, visual therapy, orthoptics, ocular exercise, autofractometry, or any other means or device for the aid, relief, or correction of the human eye and its appendages, except upon the written prescription of a licensed optometrist; or 3. Uses the words "optometrist," "doctor of optometry," the letters "O.D," or other letters or title in connection with his or her name, which in any way represents him or her as being engaged in the practice of optometry; and
(d) Low vision rehabilitation;
(3) "Appendages" means the eyelids, the eyebrows, the conjunctiva, and the lacrimal apparatus;
(4) "Visual aid glasses" means eyeglasses, spectacles, or lenses designed or used to correct visual defects; provided, however, that nothing in the provisions of this chapter relating to the practice of optometry shall be construed to limit or restrict, in any respect, the sale of sunglasses designed and used solely to filter out light; and further provided that nothing in this chapter relating to the practice of optometry shall be construed to limit or restrict, in any respect, the sale of completely assembled eyeglasses or spectacles designed and used solely to magnify;
(5) "Orthoptic technician" means a person who trains and directs individuals to engage in ocular exercises designed to correct visual defects, and shall not be required to be licensed under the provisions of this chapter if such training and directions are done pursuant to and under the instructions of a duly-licensed physician, osteopath, or optometrist and consists solely of visual training, orthoptics, or ocular exercises; and
(6) "Low vision rehabilitation" means the evaluation, diagnosis, and management of the low vision patient, including but not limited to, prescription, low vision rehabilitation therapy, education, and interdisciplinary consultation when indicated. Any person who prescribes or provides comprehensive low vision care for the rehabilitation and treatment of the visually impaired or legally blind patient; prescribes corrective eyeglasses, contact lenses, prisms, or filters; employs any means for the adaptation of lenses, low vision devices, prisms, or filters; evaluates the need for, recommends, or prescribes optical, electronic, or other low vision devices; or recommends or provides low vision rehabilitation services independent of a clinical treatment plan prescribed by an optometrist, physician, or osteopath is engaged in the practice of optometry.
Effective:April 27, 2016
History: Amended 2016 Ky. Acts ch. 135, sec. 7, effective April 27, 2016. -- Amended 2011 Ky. Acts ch. 1, sec. 1, effective June 8, 2011. -- Amended 2000 Ky. Acts ch. 361, sec. 1, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 376, sec. 1, effective July 15, 1996. -- Amended 1986 Ky. Acts ch. 12, sec. 1, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 179, sec. 1, effective June 17, 1978. -- Created 1954 Ky. Acts ch. 183, sec. 2.
Legislative Research Commission Note (6/8/2011). 2011 Ky. Acts ch. 1, sec. 4, provides that this section and KRS 320.240 shall be known and may be cited as the "Better Access to Quality Eye Care Act."
KRS 320.220 Licensure requirement -- Exemptions
320.220. Licensure requirement -- Exemptions
(1) No person shall practice optometry in this Commonwealth or hold himself or herself out as being able to do so unless he or she is the holder of a license duly issued to him or her by the board and registered in the manner provided by KRS 320.290.
(2) A license to practice optometry shall not be required by physicians or osteopaths currently licensed to practice medicine or osteopathy at any place in the Commonwealth of Kentucky.
(3) Nothing in this chapter shall be construed to prohibit persons from fitting, adjusting, or dispensing visual aid glasses or other lenses or appurtenances if the fitting, adjusting, or dispensing is done upon the written prescription of a currently licensed optometrist, physician, or osteopath, nor shall this chapter be construed as requiring these persons to be licensed under this chapter.
(4) Nothing in this chapter or in the administrative regulations promulgated by the board pursuant to this chapter shall be interpreted to limit or restrict a licensed health care practitioner or provider from engaging in the full scope of practice authorized by the license for that person's profession, training, or services.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 1, sec. 3, effective June 8, 2011. -- Amended 2000 Ky. Acts ch. 361, sec. 2, effective July 14, 2000. -- Created 1954 Ky. Acts ch. 183, sec. 3.
KRS 320.230 Kentucky Board of Optometric Examiners -- Appointment -- Qualifications -- Vacancies -- Quorum -- Compensation
320.230. Kentucky Board of Optometric Examiners -- Appointment -- Qualifications -- Vacancies -- Quorum -- Compensation
(1) The Kentucky Board of Optometric Examiners shall consist of five (5) members appointed by the Governor. Four (4) members shall be Kentucky licensed practicing optometrists whose licenses are in good standing and who are appointed by the Governor from a list containing three (3) names for each appointment recommended by the Kentucky Optometric Association. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. The members shall serve for a term of four (4) years and until their successors are appointed and qualified. They shall receive per diem compensation to be determined by administrative regulations promulgated by the board, not to exceed one hundred twenty-five dollars ($125) per day for attending board meetings. Members shall be reimbursed for actual expenses incurred in the performance of their duties under this chapter.
(2) Each optometrist member shall be a Kentucky licensed practicing optometrist in good standing for not less than five (5) years immediately preceding his or her appointment to the board. The member shall not be in any way connected with or interested in any optometric school, college, or institution of learning or optometric supply business.
(3) Any vacancy occurring on the board as the result of a member not completing the term for which he or she was appointed shall be filled, for the unexpired term, in the same manner as is provided in subsection (1) of this section for the appointment of members.
(4) A majority of the members of the board shall constitute a quorum for the transaction of business.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 361, sec. 3, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 256, sec. 7, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 154, sec. 34, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 206, sec. 14. -- Amended 1966 Ky. Acts ch. 255, sec. 250. -- Created 1954 Ky. Acts ch. 183, sec. 4.
KRS 320.240 Board's meetings, officers, powers, and duties -- Licensure and classification of optometrists -- Board to have sole authority over practice of optometry -- Authorization to administer and prescribe pharmaceutical agents and certain oral medications
320.240. Board's meetings, officers, powers, and duties -- Licensure and classification of optometrists -- Board to have sole authority over practice of optometry -- Authorization to administer and prescribe pharmaceutical agents and certain oral medications
(1) The board shall meet at least once each year, at which time it shall choose from among its members the president, vice president, and secretary-treasurer. In addition, the board, upon call of its officers, may hold meetings at any time as it deems necessary. A full record of the board's proceedings shall be kept in the office of the board and shall be open to inspection at all reasonable times.
(2) The board shall keep a register containing the name, address, and license number of every person licensed to practice optometry in this state.
(3) The Attorney General shall render to the board legal services as it may require in carrying out and enforcing the provisions of this chapter.
(4) Subject to and consistent with the provisions of this chapter, the board shall promulgate reasonable administrative regulations and do any and all things that it may deem necessary or proper for the effective enforcement of this chapter and for the full and efficient performance of its duties hereunder and the reasonable regulation of the profession of optometry and the practice thereof by licensed optometrists. The administrative regulations shall include the classification and licensure of optometrists by examination or credentials, retirement of a license, and reinstatement of a license.
(5) An optometrist shall not administer drugs, prescribe drugs, or perform laser or nonlaser surgery procedures until he or she is licensed by the board. Any therapeutically licensed optometrist authorized to practice under this section shall meet the educational and competence criteria set forth by the board in order to perform expanded therapeutic procedures. Evidence of proof of continuing competency shall be determined by the board.
(6) Nothing in this chapter shall be construed as allowing any agency, board, or other entity of this state other than the Kentucky Board of Optometric Examiners to determine what constitutes the practice of optometry.
(7) The board shall have the sole authority to determine what constitutes the practice of optometry and sole jurisdiction to exercise any other powers and duties under this chapter. The board may issue advisory opinions and declaratory rulings related to this chapter and the administrative regulations promulgated under this chapter.
(8) The board shall have:
(a) A common seal;
(b) The right to determine what acts on the part of any person licensed as an optometrist in this state shall constitute unprofessional conduct under this chapter; and
(c) Other powers and duties as authorized by this chapter.
(9) The board may administer oaths and require the attendance of witnesses, the production of books, records, and papers pertinent to any matters coming before the board by the issuance of process that shall be served and returned in the same manner as in civil actions and for the disobedience of which the board shall have the power to invoke the same rights as are provided for disobedience of a subpoena or subpoena duces tecum in a civil action.
(10) The board may assist in the prosecution of any violation of this chapter and in the enforcement of any of the provisions of this chapter.
(11) The board shall report its proceedings to the Governor on or about January 1 of each year, including an accounting of all moneys received and disbursed.
(12) The board may permit persons engaging in the practice of optometry under the provisions of this chapter to administer diagnostic pharmaceutical agents limited to miotics for emergency use only, mydriatics, cycloplegics, and anesthetics applied topically only, but excluding any drug classified as a controlled substance pursuant to KRS Chapter 218A. These pharmaceutical agents shall be applied in diagnostic procedures only as part of an eye examination. The application of the diagnostic pharmaceutical agents shall be limited to those persons who have sufficient education and professional competence as determined by the board and who have earned transcript credits of at least six (6) semester hours in a course or courses in general and ocular pharmacology, with particular emphasis on diagnostic pharmaceutical agents applied topically to the eye, from a college or university accredited by a regional or professional accreditation organization which is recognized or approved by the council on postsecondary accreditation or by the United States Department of Education.
(13) The board may authorize only those persons who have qualified for use of diagnostic pharmaceutical agents as set out in subsection (12) of this section to utilize and prescribe therapeutic pharmaceutical agents in the examination or treatment of any condition of the eye or its appendages. Any therapeutically certified optometrist licensed under the provisions of this subsection shall be authorized to prescribe oral medications, except any controlled substances classified in Schedule I and any controlled substances classified in Schedule II other than hydrocodone combination products as defined in KRS 218A.010, for any condition which an optometrist is authorized to treat under the provisions of this chapter. The use of injections for other than treatment of the human eye and its appendages shall be limited to the administration of benadryl, epinephrine, or equivalent medication to counteract anaphylaxis or anaphylactic reaction. In a public health emergency, the commissioner of health may authorize therapeutically licensed optometrists to administer inoculation for systemic health reasons. The authority to prescribe a Schedule II hydrocodone combination product as defined in KRS 218A.010 and a Schedule III, IV, or V controlled substance shall be limited to prescriptions for a quantity sufficient to provide treatment for up to seventy-two (72) hours. No refills of prescriptions for controlled substances shall be allowed. The utilization or prescribing of therapeutic pharmaceutical agents shall be limited to those persons who have sufficient education and professional competence as determined by the board and who have earned transcript credits of at least six (6) semester hours in a course or courses in general and ocular pathology and therapy, with particular emphasis on utilization of therapeutic pharmaceutical agents from a college or university accredited by a regional or professional accreditation organization which is recognized or approved by the council on postsecondary accreditation or by the United States Department of Education. These six (6) semester hours are in addition to the six (6) semester hours required by subsection (12) of this section, making a total of twelve (12) semester hours.
(14) Any optometrist authorized by the board to utilize diagnostic pharmaceutical agents shall be permitted to purchase for use in the practice of optometry diagnostic pharmaceutical agents limited to miotics for emergency use only, mydriatics, cycloplegics, and anesthetics. Any optometrist authorized by the board to utilize therapeutic pharmaceutical agents shall be permitted to prescribe in the practice of optometry therapeutic pharmaceutical agents. Optometrists so authorized by the board to purchase pharmaceutical agents shall obtain them from licensed drug suppliers or pharmacists on written orders placed in the same or similar manner as any physician or other practitioner authorized by KRS Chapter 217. Purchases shall be limited to those pharmaceutical agents specified in this subsection and in subsection (12) of this section, based upon the authority conferred upon the optometrist by the board consistent with the educational qualifications of the optometrist as set out herein.
Effective:April 27, 2016
History: Amended 2016 Ky. Acts ch. 135, sec. 8, effective April 27, 2016. -- Amended 2011 Ky. Acts ch. 1, sec. 2, effective June 8, 2011. -- Amended 2000 Ky. Acts ch. 361, sec. 4, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 376, sec. 2, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 256, sec. 8, effective July 13, 1990. -- Amended 1986 Ky. Acts ch. 12, sec. 2, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 179, sec. 2, effective June 17, 1978. -- Created 1954 Ky. Acts ch. 183, sec. 5.
Legislative Research Commission Note (6/8/2011). 2011 Ky. Acts ch. 1, sec. 4, provides that this section and KRS 320.210 shall be known and may be cited as the "Better Access to Quality Eye Care Act."
KRS 320.242 Immunity from liability of board members and employees
320.242. Immunity from liability of board members and employees
There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any current or former member, officer, administrator, agent, or employee of the board, either as a part of the board's operation or as an individual, as the result of any act, omission, proceeding, conduct, or decision relating to official duties undertaken or performed within the scope of the function of the board, except where actual malice or willful misconduct is shown. A person bringing an action under this section shall prove its elements by clear and convincing evidence.
Effective: July 13, 1990
History: Created 1990 Ky. Acts ch. 256, sec. 5, effective July 13, 1990.
KRS 320.250 Eligibility for license -- Examinations -- Applications for license
320.250. Eligibility for license -- Examinations -- Applications for license
(1) Licenses to engage in the practice of optometry shall be issued only to those who qualify under the provisions of KRS 320.260 or 320.270, or who successfully pass examinations conducted or approved by the board at a time and place fixed by the board. Each license certificate shall be signed by the president and secretary- treasurer and authenticated by the seal of the board.
(2) The examinations may consist of written, clinical, or practical examinations and shall relate to the skills needed for the practice of optometry in this Commonwealth at the time of the examination and shall seek to determine the applicant's preparedness to exercise these skills. The examining board may:
(a) Prepare, administer, and grade the examination;
(b) Accept the scores of the applicant from an examination prepared, administered, and graded by the National Board of Examiners in Optometry or any other organization approved by the board as qualified to administer the examination; and
(c) Require passage of an examination on Kentucky optometric law.
(3) Any person seeking a license to practice optometry under the provisions of this section shall submit an application to the board on forms furnished by the board. The applicant shall show proof of the following:
(a) The applicant is not less than eighteen (18) years of age and is of good moral character;
(b) The applicant is a graduate of a school or college of optometry that is accredited by a regional or professional accreditation organization that is recognized or approved by the council on postsecondary accreditation, or by the United States Department of Education, and is in good standing, as approved by the board. All applicants shall have transcript credit of at least six (6) semester hours in a course or courses from a school or college as described in this subsection in general and ocular pharmacology with particular emphasis on diagnostic pharmaceutical agents applied topically to the eye and six (6) semester hours in ocular pathology and therapy with emphasis on utilization of therapeutic pharmaceutical agents. All hours shall be from a school or college as described in this subsection;
(c) All other information requested by the board as is set out on the application.
(4) The nonrefundable fee for each license application shall not exceed six hundred dollars ($600).
(5) No application shall be considered by the board after one (1) year from the date in which the board received the application has lapsed. After the lapse of the one (1) year period, an applicant shall submit a new application and another nonrefundable fee for further consideration by the board.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 113, sec. 19, effective June 24, 2015. -- Amended 2000 Ky. Acts ch. 361, sec. 5, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 256, sec. 9, effective July 13, 1990; and ch. 443, sec. 24, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 337, sec. 1, effective July 15, 1982. -- Amended 1970 Ky. Acts ch. 120, sec. 12. -- Created 1954 Ky. Acts ch. 183, sec. 6.
KRS 320.255 Repealed, 2000
320.255. Repealed, 2000
Catchline at repeal: Inactive status for license.
History: Repealed 2000 Ky. Acts ch. 361, sec. 18, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 256, sec. 6, effective July 13, 1990.
KRS 320.260 Holder of existing license exempt from examination
320.260. Holder of existing license exempt from examination
Any person, who, on June 17, 1954, was the holder of a valid, unrevoked license to practice optometry issued to him under the laws of this state, shall not be required to take an examination under this chapter, but shall secure an annual renewal of his license, and in every other respect shall be subject to this chapter.
History: Created 1954 Ky. Acts ch. 183, sec. 7.
KRS 320.270 Licensing by endorsement of persons from other states
320.270. Licensing by endorsement of persons from other states
The board may license by endorsement an optometrist who holds a valid license that was obtained by examination from another state or territory of the United States if the applicant for licensure by endorsement:
(1) Has engaged in the active practice of optometry for at least five (5) years immediately preceding his or her application for licensure;
(2) Has not committed any act that would constitute a violation of this chapter and the administrative regulations promulgated under this chapter and is not the subject of any pending or unresolved board action or malpractice suit in this or any other state or territory;
(3) Meets all of the qualifications for regular state licensure as set forth by the board; and
(4) Has completed and submitted an application for licensure by endorsement to the board, submitted a nonrefundable fee to be determined by the board in administrative regulations of no more than seven hundred dollars ($700), and has authorized any state in which the applicant is licensed to submit information to the board indicating whether or not the applicant is in good standing with the respective state's licensing board.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 361, sec. 6, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 256, sec. 10, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 337, sec. 2, effective July 15, 1982. -- Created 1954 Ky. Acts ch. 183, sec. 8
KRS 320.280 Renewal certificates -- Administrative regulations
320.280. Renewal certificates -- Administrative regulations
(1) All optometrists desiring to continue practice shall annually, prior to March 1, secure from the secretary-treasurer of the board a renewal certificate upon the payment of a fee which shall be established by administrative regulation promulgated by the board. Not later than February 15 of each year, the board shall notify by mail all optometrists of the renewal date and fee. Application for a renewal shall be upon a form prescribed by the board and the optometrist shall furnish the information required by the form.
(2) As a prerequisite for license renewal, all optometrists now or hereafter licensed in the Commonwealth of Kentucky are and shall be required to take annual courses of study in subjects relating to the practice of optometry to the end that the utilization and application of new techniques, scientific and clinical advances, and the achievement of research will assure expansive and comprehensive care to the public. The length and content of study shall be prescribed by the board but shall not exceed eight (8) hours in any calendar year, with the exception of those optometrists who are authorized to prescribe therapeutic agents who shall be required to have additional credit hours of continuing education in ocular therapy and pharmacology, the amount of required credit hours to be determined by the board, but not to exceed an additional seventeen (17) credit hours, for a total not to exceed twenty-five (25) credit hours per year. Attendance shall be at a course or by a sponsor approved by the board. Attendance at any course or courses of study is to be certified to the board upon a form provided by the board and shall be submitted by each licensed optometrist at the time he makes application to the board for the renewal of his license and payment of his renewal fee. The board may waive the continuing education requirement in cases of illness or undue hardship.
(3) Failure of any optometrist to secure his renewal certificate within sixty (60) days after March 1, shall constitute sufficient cause for the board to revoke his license.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 20, sec. 1, effective June 29, 2017. -- Amended 2015 Ky. Acts ch. 113, sec. 20, effective June 24, 2015. -- Amended 2001 Ky. Acts ch. 61, sec. 12, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 361, sec. 7, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 256, sec. 11, effective July 13, 1990; and ch. 443, sec. 11, effective June 13, 1990. -- Amended 1986 Ky. Acts ch. 12, sec. 3, effective July 15, 1986. -- Amended 1978 Ky. Acts ch. 313, sec. 5, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 37, sec. 1. -- Amended 1958 Ky. Acts ch. 133, sec. 1. -- Created 1954 Ky. Acts ch. 183, sec. 9.
KRS 320.290 Display of licenses
320.290. Display of licenses
Every practicing optometrist shall display in a conspicuous place at the entrance to his office the true full name of the person practicing therein and shall keep his license certificate conspicuously displayed in his place of practice so that it can easily be seen and read.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 361, sec. 8, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 256, sec. 12, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 84, sec. 10, effective June 17, 1978. -- Created 1954 Ky. Acts ch. 183, sec. 10.
KRS 320.295 Prohibition against false, misleading, or deceptive advertising
320.295. Prohibition against false, misleading, or deceptive advertising
No optometrist shall engage in advertising of any form that is false, misleading, or deceptive.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 361, sec. 9, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 256, sec. 4, effective July 13, 1990.
KRS 320.300 Unlawful practices
320.300. Unlawful practices
It shall be unlawful and a violation of the provisions of this chapter for any person:
(1) To sell, fit, or dispense visual aids except upon the written prescription of an optometrist, physician, or osteopath regularly licensed to practice optometry, medicine, or osteopathy;
(2) To practice optometry, directly or indirectly, or to hold oneself out as being able so to do without first having obtained a license from the board;
(3) Who writes a prescription for visual aid glasses, to receive any part of the price paid to a third person for filling the prescription or for the third person to pay to the person writing the prescription any part of the price paid for filling the prescription;
(4) To practice optometry under any name other than his own, except as permitted by the board in its regulations.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 361, sec. 10, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 256, sec. 13, effective July 13, 1990. -- Created 1954 Ky. Acts ch. 183, sec. 11.
KRS 320.310 Causes for refusal, limitation, revocation, or suspension of licenses -- Restitution or fines -- Branch offices -- Expungement
320.310. Causes for refusal, limitation, revocation, or suspension of licenses -- Restitution or fines -- Branch offices -- Expungement
(1) The board may refuse to issue, refuse to renew, limit or restrict, revoke, or suspend a license, may place on probation, or reprimand a licensee, may order restitution, may impose a fine not to exceed one thousand dollars ($1,000) for each violation of this chapter or the corresponding administrative regulations, or may impose any combination of these penalties if it finds that an applicant or a licensee has:
(a) Engaged in any practice of fraud or deceit in obtaining or attempting to obtain a license;
(b) Been convicted of any felony or has been convicted of a misdemeanor involving sexual misconduct, if in accordance with KRS Chapter 335B. A record of the conviction or a certified copy of the record shall be conclusive evidence of the conviction;
(c) Chronic or persistent inebriety or addiction to a drug habit to an extent that continued practice is dangerous to patients or to the public safety;
(d) Been granted a license upon a mistake of material fact;
(e) Engaged in incompetence, as determined by the board;
(f) Practiced as an itinerant, peddled from door to door, established a temporary office, or practiced optometry outside of or away from his or her regular office or place of practice, except that the board may promulgate administrative regulations to authorize the practice of optometry outside of the licensee's regular office for a charitable purpose as defined by the board;
(g) Employed, procured, induced, aided, or abetted any person, not holding a Kentucky license, to practice optometry or in practicing optometry;
(h) Used the title "doctor" or its abbreviation without further qualifying this title or abbreviation with the word "optometrist" or suitable words or letters designating an optometry degree;
(i) Engaged in any conduct likely to deceive or defraud the public;
(j) Violated any order issued by the board;
(k) Had his or her license to practice optometry in any other jurisdiction revoked, suspended, limited, placed on conditions of probation, or subjected to any other disciplinary action by that jurisdiction's licensing authority;
(l) Prescribed any therapeutic agent in an amount that the optometrist knows, or should know, is excessive under accepted and prevailing standards, or which the optometrist knows, or has reason to know, will be used or is likely to be used other than for an accepted therapeutic purpose;
(m) Developed a physical or mental disability, or other condition, which renders the continued practice by the optometrist dangerous to patients or the public;
(n) Violated any statute under this chapter or administrative regulation promulgated under those statutes;
(o) Violated KRS 304.39-215; or
(p) Engaged in conduct that is subject to the penalties under KRS 304.99-060(4) or (5).
(2) Nothing in this section shall prevent an optometrist from establishing branch offices if each office contains minimum equipment as required by administrative regulation of the board, ensures patient care as necessary, and has a Kentucky licensed optometrist in charge of the office.
(3) Any licensee, permit holder, or certificate holder who is disciplined under this chapter for a minor violation may request in writing that the board expunge the minor violation from the licensee's, permit holder's, or certificate holder's permanent record.
(a) The request for expungement may be filed no sooner than three (3) years after the date on which the licensee, permit holder, or certificate holder has completed disciplinary sanctions imposed and if the licensee, permit holder, or certificate holder has not been disciplined for any subsequent violation of the same nature within this period of time.
(b) No person may have his or her record expunged under this chapter more than once. The board shall promulgate administrative regulations under KRS Chapter 13A to establish violations which are minor violations under this subsection. A violation shall be deemed a minor violation if it does not demonstrate a serious inability to practice the profession; adversely affect the public health, safety or welfare; or result in economic or physical harm to a person, or create a significant threat of such harm.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 143, sec. 18, effective June 27, 2019. -- Amended 2017 Ky. Acts ch. 158, sec. 68, effective June 29, 2017. -- Amended 2009 Ky. Acts ch. 5, sec. 1, effective March 11, 2009. -- Amended 2002 Ky. Acts ch. 335, sec. 2, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 361, sec. 11, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 256, sec. 14, effective July 13, 1990. -- Created 1954 Ky. Acts ch. 183, sec. 12. Legislative Research Commission Note (7/15/2002). A manifest clerical or typographical error has been corrected in codification in subsection (3)(a) of this statute as amended by 2002 Ky. Acts ch. 335, sec 2, under the authority of KRS 7.136(1)(h), by removing the duplicated words "completed disciplinary sanctions imposed and if the licensee, permit holder, or certificate holder has."
KRS 320.312 Physical or mental examination of an optometrist -- Limited license
320.312. Physical or mental examination of an optometrist -- Limited license
(1) When the board has reason to believe, based upon its own information or a complaint or inquiry directed to the board, that an optometrist is suffering from a physical or mental condition that might impede his ability to practice competently, the board may order the optometrist to undergo a physical or mental examination by persons designated by the board, at the expense of the optometrist.
(2) Failure of an optometrist to submit to an examination when directed shall constitute an admission that the concerned optometrist has developed a physical or mental disability, or other conditions, that continued practice is dangerous to patients or to the public and the board may act accordingly pursuant to KRS 320.310.
(3) The board may limit the optometrist's license privileges pursuant to this section in addition to the other alternatives set forth in KRS 320.310.
(4) An optometrist whose license has been suspended, limited, or revoked under this section shall, at reasonable intervals, be afforded an opportunity to demonstrate that he is able to resume the competent practice of optometry with reasonable skill and safety to patients.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 361, sec. 12, effective July 14, 2000. -- Created 1990 Ky. Acts ch. 256, sec. 3, effective July 13, 1990.
KRS 320.320 Repealed, 1990
320.320. Repealed, 1990
Catchline at repeal: Proceedings for revocation or suspension of licenses.
History: Repealed 1990 Ky. Acts ch. 256, sec. 15, effective July 13, 1990. -- Created 1954 Ky. Acts ch. 183, sec. 13.
KRS 320.321 Grievances -- Disciplinary proceedings
320.321. Grievances -- Disciplinary proceedings
(1) Grievances may be submitted by an individual, organization, or entity, including the board based upon information within the board's knowledge. The board may investigate any licensee or unlicensed individual or entity engaged in the practice of optometry suspected of conduct which would be grounds for disciplinary or court action and may hire or appoint persons who are knowledgeable in the practice of optometry to investigate on its behalf. The board shall have the power to issue investigatory subpoenas for the appearance before the board of any person within the jurisdiction of the Commonwealth of Kentucky and to require production of any record, document, or other item. The board may seek enforcement of investigatory subpoenas in the courts of the Commonwealth as may be necessary. A copy of the grievance shall be mailed to the licensee or unlicensed individual or entity engaged in the practice of optometry at the last address that the board has on record or has been able to determine. If the licensee or unlicensed individual or entity engaged in the practice of optometry chooses to respond to the grievance, he or she shall submit a response within ten (10) days after the date on which the grievance was mailed.
(2) Notwithstanding any other provision of law, the board may initiate disciplinary proceedings or court actions based upon information within its knowledge or received from other persons. A majority of the board members may direct the issuance of a complaint; in these instances, the board shall prepare a written complaint, in accordance with KRS Chapter 13B, that shall be signed by the chairman of the board and shall contain sufficient information to apprise the named optometrist or unlicensed individual or entity engaged in the practice of optometry of the nature of the charges. A copy of the complaint shall be delivered to the charged optometrist or unlicensed individual or entity engaged in the practice of optometry by personal delivery or sent by certified mail to the optometrist's last address that the board has on record or to a site found for an unlicensed individual or entity engaged in the practice of optometry. The optometrist or unlicensed individual or entity engaged in the practice of optometry shall file a response within twenty (20) days after the complaint was sent or personally served upon the optometrist or unlicensed individual or entity engaged in the practice of optometry. Failure to submit a timely response or avoidance of service may be taken by the board or the court as an admission of the charges contained in the complaint. The board may then review the grievance, information obtained by the board, and the optometrist's response or the response of the unlicensed individual or entity engaged in the practice of optometry, and dismiss the grievance, issue a complaint and notice of hearing, investigate further, or bring an action in a court of competent jurisdiction to enforce the provisions of this chapter.
(3) The hearing shall be conducted in accordance with KRS Chapter 13B.
(4) The board may impose discipline upon the licensee under KRS 320.310 if the board finds a violation of this chapter or administrative regulations promulgated under this chapter, after a hearing.
(5) All costs of the proceeding may be assessed against the charged optometrist or unlicensed individual or entity engaged in the practice of optometry if a finding of guilt is made by the board or by the court.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 25, sec. 1, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 361, sec. 13, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 318, sec. 280, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 256, sec. 1, effective July 13, 1990.
KRS 320.330 Repealed, 1990
320.330. Repealed, 1990
Catchline at repeal: Appeal from order revoking license.
History: Repealed 1990 Ky. Acts ch. 256, sec. 15, effective July 13, 1990. -- Created 1954 Ky. Acts ch. 183, sec. 14.
KRS 320.331 Appeal to Circuit Court
320.331. Appeal to Circuit Court
An optometrist who, by final order of the board has been subjected to any disciplinary action may file an appeal. The action on appeal shall be filed with the Circuit Court of the county in which the violation occurred in accordance with KRS Chapter 13B. The commencement of proceedings under this section shall not operate as a stay on the board's order, unless specifically ordered otherwise by the court.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 361, sec. 14, effective July 14, 2000. -- Amended 1996 Ky. Acts ch. 318, sec. 281, effective July 15, 1996. -- Created 1990 Ky. Acts ch. 256, sec. 2, effective July 13, 1990.
KRS 320.340 Reissuance of revoked license
320.340. Reissuance of revoked license
Upon application the board may reissue a license to practice optometry that has been revoked. No such application shall be made prior to one (1) year after revocation. The board may prescribe the manner and form of application.
History: Created 1954 Ky. Acts ch. 183, sec. 15.
KRS 320.350 Places where optometry not to be practiced
320.350. Places where optometry not to be practiced
No person shall practice optometry on premises not separate from premises whereon eyeglasses, lenses, eyeglass frames or any other merchandise or products are sold by any other person. For the purposes of this section, any room or suite of rooms in which optometry is practiced shall be considered separate premises if it has a separate and direct entrance from a street or public hallway or corridor within a building, which corridor is partitioned off by partitions from floor to ceiling.
History: Created 1954 Ky. Acts ch. 183, sec. 16.
KRS 320.360 Agency fund for administration
320.360. Agency fund for administration
All fees imposed and collected under the provisions of this chapter shall be paid to 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. The board may make such expenditures from the fund as may, in the opinion of the board, serve to further the purposes of this chapter, including payment for professional services.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 361, sec. 15, effective July 14, 2000. -- Amended 1958 Ky. Acts ch. 134, sec. 1. -- Created 1954 Ky. Acts ch. 183, sec. 17.
KRS 320.370 Injunctions
320.370. Injunctions
The board may institute in its own name an action to enjoin, temporarily or permanently, a violation of any of the provisions of this chapter, or a violation of any rule or regulation promulgated pursuant to this chapter.
History: Created 1954 Ky. Acts ch. 183, sec. 18.
KRS 320.372 Injunction to restrain practice of optometry -- Petition by board
320.372. Injunction to restrain practice of optometry -- Petition by board
(1) The board may institute, in its own name, proceedings to temporarily or permanently restrain and enjoin the practice of optometry by the following:
(a) An individual who is not licensed to practice optometry pursuant to this chapter, or who is involved in conduct not specifically exempted from the requirements of this chapter by KRS 320.220; or
(b) An individual who was previously licensed by the board to practice optometry but is currently practicing optometry in violation of this chapter, regardless of whether the respondent has been convicted of violating the penal provisions thereof.
(2) A petition for injunction filed under subsection (1) of this section may be filed in Franklin Circuit Court, and the board shall not be required to pay any costs or filing fees or furnish any bond in connection therewith.
(a) In the petition, it shall be sufficient to charge that the respondent on a day certain in a named county engaged in the practice of optometry in violation of this chapter. No showing of damage or injury shall be required.
(b) Issuance of an injunction shall enjoin any act specified under this chapter and shall remain in place as long as necessary to prevent the unlawful practice of optometry.
(c) Issuance of an injunction shall not relieve the respondent from being subject to any other proceeding under law provided by this chapter or otherwise.
(d) Violation of an injunction or restraining order shall be punished as a contempt without the intervention of a jury.
Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 25, sec. 2, effective June 24, 2003.
KRS 320.380 Optometrist qualified as competent witness in optometry
320.380. Optometrist qualified as competent witness in optometry
(1) The testimony of an optometrist duly licensed under the laws of the Commonwealth of Kentucky shall be received by any official, board, commission or other agency of the Commonwealth or any of its subdivisions or municipalities as qualified evidence with respect to any matter defined in the law as constituting the practice of optometry.
(2) Every such official, board, commission or other agency shall accept the services of duly licensed optometrists without discrimination between optometrists and any other persons authorized by law to render the same professional services, when such services are desired, and shall pay for such services in the same manner as other professions may be paid for the same services.
History: Created 1960 Ky. Acts ch. 202, sec. 1.
KRS 320.390 Duty of treating optometrist utilizing telehealth to ensure patient's informed consent and maintain confidentiality -- Board to promulgate administrative regulations -- Definition of "telehealth."
320.390. Duty of treating optometrist utilizing telehealth to ensure patient's informed consent and maintain confidentiality -- Board to promulgate administrative regulations -- Definition of "telehealth."
(1) A treating optometrist who provides or facilitates the use of telehealth shall ensure:
(a) That the informed consent of the patient, or another appropriate person with authority to make the health care treatment decision for the patient, is obtained before services are provided through telehealth; and
(b) That the confidentiality of the patient's medical information is maintained as required by this chapter and other applicable law. At a minimum, confidentiality shall be maintained through appropriate processes, practices, and technology as designated by the board and that conform to applicable federal law.
(2) The board shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section and as necessary to:
(a) Prevent abuse and fraud through the use of telehealth services;
(b) Prevent fee-splitting through the use of telehealth services; and
(c) Utilize telehealth in the provision of optometric services and in the provision of continuing education.
(3) For purposes of this section, "telehealth" means the use of interactive audio, video, or other electronic media to deliver health care. It includes the use of electronic media for diagnosis, consultation, treatment, transfer of health or medical data, and continuing education.
Effective: July 14, 2000
History: Created 2000 Ky. Acts ch. 376, sec. 18, effective July 14, 2000.
KRS 320.400 Statutory construction
320.400. Statutory construction
Nothing in this chapter shall interfere with the professional activities of any optometrist licensed by the Kentucky Board of Optometric Examiners, or prevent him from keeping any pharmaceutical agent that he may need and is authorized to use in his practice.
Effective: June 17, 1978
History: Created 1978 Ky. Acts ch. 179, sec. 3, effective June 17, 1978.
KRS 320.410 Fitting and dispensing ocular devices containing or delivering pharmaceutical agents
320.410. Fitting and dispensing ocular devices containing or delivering pharmaceutical agents
(1) Ocular devices approved by the federal Food and Drug Administration as a drug, including but not limited to contact lenses, that contain and deliver pharmaceutical agents pursuant to a prescription from a physician or osteopath licensed under KRS Chapter 311 or a licensed optometrist as authorized in KRS 320.240 shall be fitted by an ophthalmologist licensed under KRS Chapter 311 or an optometrist licensed under this chapter.
(2) Ocular devices containing or delivering pharmaceutical agents may be dispensed by a licensed optometrist as authorized in KRS 320.240 or an ophthalmologist licensed under KRS Chapter 311.
(3) Nothing in this section shall be construed to:
(a) Expand the prescriptive authority of an optometrist licensed under this chapter; or
(b) Prohibit, limit, or restrict a pharmacist licensed under KRS Chapter 315 from dispensing a prescription for an ocular device that contains a pharmaceutical agent.
Effective: July 15, 2008
History: Created 2008 Ky. Acts ch. 99, sec. 6, effective July 15, 2008.
KRS 320.990 Penalties
320.990. Penalties
Any person who violates any of the provisions of this chapter shall be guilty of a Class A misdemeanor and shall pay a fine not to exceed five thousand dollars ($5,000) per violation.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 25, sec. 3, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 361, sec. 16, effective July 14, 2000. -- Repealed, reenacted, and amended 1954 Ky. Acts ch. 183, sec. 21. -- Created 1950 Ky. Acts ch. 86, sec. 19.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38841Fetched: 10/20/2026