Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
326.020,
326.035
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
326.020(3)(a) authorizes the
board to promulgate administrative regulations to carry out the purposes of KRS
Chapter 326, including the licensing of apprentice ophthalmic dispensers.
KRS
326.035 requires the board to issue an
apprentice license to any person in training to be an ophthalmic dispenser,
under the supervision of a licensed opthalmic dispenser, and otherwise
qualified pursuant to the administrative regulations promulgated by the board.
This administrative regulation establishes the requirements for an apprentice
ophthalmic dispenser.
Section 1.
Definitions.
(1) "Apprentice ophthalmic
dispenser" means a person who is in training for the vocation of ophthalmic
dispenser and who dispenses ophthalmic lenses, frames, and appurtenances
thereto to the intended wearer only under the supervision of an ophthalmic
dispenser.
(2) "Ophthalmic
dispenser" means a physician, osteopath, optometrist, or licensed ophthalmic
dispenser licensed pursuant to
KRS
326.040 who is sponsoring an apprentice
ophthalmic dispenser.
Section
2.
(1) An apprentice license
shall be required of any person:
(a) Who is
not a licensed ophthalmic dispenser, but is in training to be an ophthalmic
dispenser;
(b) While in training
works under the supervision of a licensed ophthalmic dispenser; and
(c) Whose duties require that he or she
perform the services as would be normally performed by a licensed ophthalmic
dispenser.
(2) The board
shall revoke the apprentice license at any time if either the employer, the
apprentice sponsor, or the apprentice fail to carry out the provisions of this
administrative regulation.
(3) A
licensed apprentice ophthalmic dispenser shall at all times work under the
supervision of, and in the same establishment with, an ophthalmic dispenser,
and the ophthalmic dispenser shall be responsible for the actions of the
apprentice.
(4) The board shall
issue an apprentice license for a period ending December 31 of the current
year, upon receipt and board approval of the required application and a fee of
fifty (50) dollars, as required by
201 KAR
13:040.
(5) If the apprentice's employment under the
sponsoring ophthalmic dispenser is terminated for any reason, the board shall
be notified immediately in writing and no later than thirty (30) days of the
last day of employment. An apprentice ophthalmic dispenser who fails to timely
notify the board of termination of employment shall be subject to disciplinary
action under
KRS
326.090(1)(i).
(6) The board may reject the application for
an apprentice license or rescind a license already issued if, upon inspection,
it is found that any of the requirements for an apprentice license in
KRS
326.035 or any administrative regulations in
201 KAR Chapter 13 not specifically excluding apprentice licenses are being
violated.
Section 3.
(1) An apprentice ophthalmic dispenser shall
train for the vocation of ophthalmic dispenser and demonstrate progress toward
an ophthalmic dispenser license to the board by submitting to the board:
(a) Proof of the completed training schedule
consistent with
KRS
326.035(5) no later than
twelve (12) months from the date that the apprentice ophthalmic dispenser
license is issued;
(b) Proof of a
passing grade on the American Board of Opticians (ABO) Basic Examination and
the National Contact Lens Examiners (NCLE) Basic Examination no later than
thirty-six (36) months from the date that the apprentice ophthalmic dispenser
license is issued; and
(c) Proof of
a passing grade on an approved practical examination no later than five (5)
years from the date that the apprentice ophthalmic dispenser license is
issued.
(2) An
apprentice ophthalmic dispenser who fails to meet the requirements established
in subsection (1) of this section shall not have the apprentice license renewed
by the board.
(3) A licensee may
request an extension of time in which to complete the requirements established
in subsection (1) of this section by submitting a request to the board, in
writing, no fewer than sixty (60) days before expiration of the applicable due
date. The board may allow an extension of time for any applicant demonstrating
a need based on medical necessity, family related health emergency, or military
service.
STATUTORY AUTHORITY:
KRS
326.020(3),
326.035