Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
326.020,
326.035,
326.040,
326.080
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
326.020(3) authorizes the
board to promulgate administrative regulations to carry out the purposes and
provisions of KRS Chapter 326.
KRS
326.040 establishes the requirements for the
issuance of a license including experience and passage of an examination.
KRS 326.080
requires the annual renewal of licensure. This administrative regulation
prescribes the forms, required examinations, experience, renewal requirements,
and provisions for inactive status required for licensees.
Section 1. Application for License. A person
wishing to obtain a license to practice as an ophthalmic dispenser or
apprentice shall make application to the Kentucky Board of Ophthalmic
Dispensers on the Application for Ophthalmic Dispenser or Apprentice
License.
Section 2. Required
Examinations.
(1) Passage of the following
examinations shall satisfy the requirement established in
KRS
326.040(4):
(a) Passage of both:
1. The American Board of Opticians (ABO)
Basic Examination; and
2. The
National Contact Lens Examiners (NCLE) Basic Examination; and
(b) Passage of either:
1. The National Commission of State
Opticianry Regulatory Boards (NCSORB) National Practical Examination;
or
2. Both the ABO Practical
Examination and the NCLE Practical Examination.
(2)
(a) For
an applicant who holds an apprentice ophthalmic dispenser license issued by the
board, the ABO Basic Examination and the NCLE Basic Examination shall be:
1. Taken before the expiration of thirty (30)
months from the date of the original receipt of the apprentice license;
and
2. Passed within thirty-six
(36) months of the date of the original receipt of the apprentice
license.
(b) An
apprentice ophthalmic dispenser licensed by the board shall not take an
approved practical examination until all other licensure requirements have been
completed.
(3) For an
applicant who is applying for licensure based on credentials and experience,
the candidate shall have the following:
(a) An
active license as a dispensing optician issued by any state or territory of the
United States or the District of Columbia that has standards at least as
stringent as those required by
KRS
326.040; or
(b) An active certification as a dispensing
optician under the ABO and the NCLE, and at least two (2) years of experience
as a dispensing optician, as verified under oath by both the applicant and by a
sponsor with personal knowledge of the applicant's work history.
1. The verifying sponsor shall be licensed
either as an ophthalmologist, an optometrist, or an optician.
2. An applicant for licensure based on
credentials and experience under this paragraph shall have passed an approved
practical examination before application.
Section 3. Experience. The
following events are qualifying experience for an applicant for licensure as an
ophthalmic dispenser apprentice:
(1) Attending
a recognized school for ophthalmic dispensing; or
(2) Working in an optical laboratory as an
ophthalmic technician.
Section
4. Licensure Renewal.
(1) Each
license shall be renewed each year on or before December 31.
(2) Each licensee shall complete and submit
one (1) of the following:
(a) Application for
Renewal for a licensed ophthalmic dispenser;
(b) Application for Apprentice Renewal for a
licensed apprentice ophthalmic dispenser; or
(c) The online version of each form
maintained by the Department of Professional Licensing.
(3) For a renewal postmarked on or before
December 31, or completed and submitted online before that date, the renewal
fee shall be:
(a) Seventy-five (75) dollars
for a licensed ophthalmic dispenser; or
(b) Fifty (50) dollars for an apprentice
ophthalmic dispenser.
(4) For a renewal postmarked or submitted on
the Department of Professional Licensing website after December 31, there shall
be an additional a thirty-five (35) dollar late fee.
(5) A license that has not been renewed by
close of business on March 1 shall expire. Applicants may request an extension
of time to renew of up to sixty (60) days for reasons related to medical
issues, military service, or family emergencies. The applicant shall submit the
request for an extension of time in writing, and send the request to the board
by certified mail on or before the March 1 expiration date.
(6) In order to qualify for reinstatement of
a license that has expired by operation of subsection (4) of this section,
either an Application for Reinstatement or an Application for Apprentice
Reinstatement shall be submitted to the board. In addition, a reinstatement fee
shall be submitted with the application. The reinstatement requirements shall
be:
(a) $300 reinstatement fee and twelve (12)
additional hours of continuing education to be completed before the end of the
current licensure year for reinstatement as an active status or inactive status
ophthalmic dispenser; or
(b) Sixty
(60) dollars for reinstatement as an apprentice ophthalmic dispenser.
(7) A revoked and expired license
shall be reinstated before the licensee may resume the practice of ophthalmic
dispensing.
Section 5.
Temporary Permit Application.
(1) The board
shall, if requested by the applicant, issue a temporary permit to a qualified
ophthalmic dispenser, who otherwise would qualify for a license, but is in the
state on a temporary basis or who has not yet had an opportunity to take an
examination to procure a license and whose immediate employment depends upon
being licensed by the board.
(2)
The permit shall be valid only until the next regular examination date and in
no case shall exceed six (6) months following date of issuance.
(3) The fee for a temporary permit shall be
fifty (50) dollars, which amount shall accompany the application.
Section 6. Board Action,
Notification.
(1) The board shall act only
upon those applications that are complete.
(2) Each applicant shall pay the license
application and renewal fees required by
KRS
326.040 and
326.080 upon
submission of the application.
(3)
Each applicant shall be notified of the action of the board; and, if favorable,
when and where the examination will be held.
(4) If the board considers denying or
resolves to deny an application based solely on an applicant's prior conviction
of a crime, the board shall follow the notification and procedure requirements
in
KRS
335B.030(2).
(5) The applicant shall participate in an
interview with the application committee upon written request of the board. The
application committee shall conduct the interview to determine if the
conviction directly relates to the occupation for which the license is sought
pursuant to the criteria established in
KRS
335B.020(2)(a) through (b)
and
335B.030(2)(b).
Section 7. Inactive Status.
(1) Upon application, the board shall grant
inactive status to a qualified licensee. While on inactive status, the licensee
shall not engage in the practice of ophthalmic dispensing.
(2) The fee for licensure on inactive status
shall be thirty-five (35) dollars per year.
(3)
(a)
Continuing education requirements shall be waived for a licensee on inactive
status during the inactive period.
(b) If the inactive licensee applies to the
board to return to active status, the licensee shall submit proof that he or
she has completed six (6) hours of continuing education for ophthalmic
dispenser licensees and four (4) hours of continuing education for apprentice
ophthalmic dispenser licensees within the last twelve (12) month period
immediately preceding the date on which the application is submitted.
(c) The licensee may request that he or she
be allowed to return to active status immediately, with the provision that the
licensee shall receive the appropriate number of continuing education hours
within six (6) months of the date on which the licensee returns to active
status.
(d) Additionally, the
licensee shall be responsible for meeting the requirements established in
201 KAR
13:055 in order to qualify for renewal of the
license.
(4) To change
from inactive status to active status, the ophthalmic dispenser licensee shall:
(a) Pay a reactivation fee of forty (40)
dollars; and
(b) Complete six (6)
additional hours of continuing education before the end of the current
licensure year.
Section
8. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Application for Ophthalmic
Dispenser or Apprentice License", July 2019;
(b) "Application for Renewal", February
2016;
(c) "Application for
Apprentice Renewal", February 2016;
(d) "Application for Reinstatement", February
2016; and
(e) "Application for
Apprentice Reinstatement", February 2016.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Board of Ophthalmic
Dispensers, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
326.020(3),
326.035,
326.040,
326.080