Kentucky Administrative Regulations
Title 201 - GENERAL GOVERNMENT CABINET
Chapter 5 - Board of Optometric Examiners
Section 201 KAR 5:002 - Board administration and optometric practice
Universal Citation: 201 KY Admin Regs Service 5:002
Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS 320.230, 320.240(7), 320.295, 320.300(4), 320.310(1)(f), (2), (3), 326.060
NECESSITY, FUNCTION, AND CONFORMITY: KRS 320.295 prohibits false, misleading, or deceptive advertising, and this includes advertising in all forms, including print media and electronic media. KRS 320.310(3) authorizes the board to promulgate an administrative regulation to establish minor violations that are subject to expungement. KRS 320.240(4), (7), and (8) authorize the board to promulgate an administrative regulation about what acts constitute unprofessional conduct. KRS 320.310(1)(n) authorizes the board to discipline a licensee who violates an administrative regulation promulgated by the board. KRS 320.310(2) permits each doctor of optometry to maintain branch offices. KRS 320.230 authorizes board members to receive per diem compensation to be determined by administrative regulation of the board not to exceed $125. KRS 320.300(4) prohibits a person from practicing optometry under any name other than his or her own except as permitted by the board in its administrative regulations. KRS 320.310(1)(f) authorizes the board to promulgate administrative regulations to permit the practice of optometry outside of the licensee's regular office for a charitable purpose as defined by the board. This administrative regulation establishes requirements for advertising, minor violations subject to expungement, acts that constitute unprofessional conduct, the furnishing of information concerning each office to the board, board member per diem compensation, practice under a trade name, and the standards for the practice of optometry outside the licensee's office for a charitable purpose.
Section 1. Definitions.
(1) "Board Member's Compensation"
means that each board member is eligible for a per diem of $100 for each day in
which that member conducts work on behalf of the board.
(2) "Charitable organization" means a
nonprofit entity accepted by the Internal Revenue Service and organized for
benevolent, educational, philanthropic, humane, social welfare, or public
health purposes.
(3) "Charitable
purpose" means a purpose that holds itself out to be benevolent, educational,
philanthropic, humane, or for social welfare or public health.
(4) "Expungement" means that:
(a) The affected records are
sealed;
(b) The proceedings to
which they refer are found not to have occurred; and
(c) The affected party properly represents
that no record exists regarding the matter expunged.
(5) "Minor violations" means:
(a) Failure to timely renew a
license;
(b) Failure to timely
obtain continuing education; and
(c) Does not include any violations of the
laws surrounding the advertisement of optometric services by Doctors of
Optometry.
Section 2. Advertising.
(1) An
advertisement shall state if additional charges may be incurred in an eye
examination for related services in individual cases.
(2) An advertisement of price for visual aid
glasses, including contact lenses or other optical goods, alone shall clearly
state: "does not include eye examination".
(3) Any doctor of optometry who has been
subjected to any disciplinary measures for advertising violations may be
required by the board to secure prepublication approval of all advertisements
by the board for any period of time which the board finds
appropriate.
(4) When advertising
an eye examination, the examination shall follow the standards of care and
established clinical practice guidelines adopted by the American Optometric
Association at the time of the provision of care and available at
https://www.aoa.org/practice/clinical-guidelines/clinical-practice-guidelines?sso=y.
(5) The advertisement of eye glass lenses
shall include: single vision or specified type of multifocal lenses.
(6) Advertisement of contact lenses shall
include:
(a) Description of type of lens; for
example, "soft, tinted, extended wear toric"; and
(b) Whether or not professional fees are
included in the advertised price.
(7) If dispensing fees are not included in
the advertisement of visual aid glasses, the advertisement shall so
state.
(8) The advertisement of
optometric services rendered in Kentucky shall include whether the services
will be performed by a licensed doctor of optometry:
(a) In-person;
(b) Via live or real-time audio and video
synchronous telehealth technology; or
(c) Via asynchronous store-and-forward
telehealth technology.
(9) Except as provided in subsection (10) of
this section, a person, individually or while employed or connected with a
corporation or association, shall not advertise the fitting of contact lenses
unless they are a doctor of optometry, physician or osteopath.
(10) An ophthalmic dispenser may advertise
that he or she dispenses contact lenses, if the patient presents a valid
prescription from a doctor of optometry, physician or osteopath.
(11) Advertising shall be prohibited if it
represents a doctor of optometry as a specialist in an optometric specialty if
the Doctor of Optometry has not:
(a) Been
certified by a certifying board which has been approved by the Kentucky Board
of Optometric Examiners and recognized by the Federal Government; and
(b) Furnished proof of his or her
certification to the Kentucky Board of Optometric Examiners;
(12) A doctor of optometry shall
not advertise a coded or special name for a visual material or service that has
an established trade name, if the coded or special name would deceive
consumers.
Section 3. Unprofessional Conduct.
(1) A doctor of
optometry shall not practice optometry in an office if the instruments and
equipment, including office furniture, fixtures and furnishings, contained
therein are not maintained in a working, clean and sanitary manner.
(2) Pursuant to KRS Chapters 311, 320, and
KRS
326.030 only doctors of optometry, osteopaths
and physicians are authorized to fit contact lenses. Ophthalmic dispensers may
fit contact lenses in the presence of and under the supervision of a doctor of
optometry, osteopath or physician.
(3) The signed spectacle prescription, or
contact lens prescription shall be given to the patient at the completion of
the examination and payment of fees.
(4) A doctor of optometry shall use the
letters "OD" or "O.D." in any advertisement where a doctor of optometry uses
letters to denote an optometry degree.
(5) A doctor of optometry shall not give or
receive a fee, salary, commission, or other remuneration or thing of value, in
any manner, or under any pretext, to or from any person, firm, or corporation
in return for the referral of optometric patients, or in order to secure
optometric patients. Payment between health providers or from a health services
industry, solely for the referral of a patient, is considered fee splitting and
unprofessional conduct.
(6) A
doctor of optometry shall not be employed by an unlicensed doctor of optometry,
firm, or corporation as an optometrist, except to the extent permitted by
subsection (7) of this section or an entity approved by the Kentucky Board of
Optometric Examiners.
(7) A doctor
of optometry shall not enter into a contract, agreement, or arrangement, for
the hire or leasing of his or her professional services, except that upon the:
(a) Death of a Kentucky licensed Doctor of
Optometry, the surviving spouse or estate of the deceased Doctor of Optometry
may contract optometric services or employ a Kentucky licensed doctor of
optometry for a period not to exceed eighteen (18) months from the time of
death; or
(b) Permanent disability
of a Kentucky licensed doctor of optometry, the spouse, legal guardian, or
disabled doctor of optometry may contract optometric services or employ a
Kentucky licensed doctor of optometry for a period not to exceed eighteen (18)
months from the time of disability.
(8) The provisions of subsections (5), (6),
and (7) of this section shall not prohibit employment of an optometrist by:
(a) A licensed hospital;
(b) A licensed multidisciplinary health
clinic;
(c) A professional service
corporation;
(d) A governmental
entity; or
(e) Another entity
approved by the Kentucky Board of Optometric Examiners.
(9) Clinical patient care shall be determined
by the doctor of optometry and not determined by outside influences or third
parties.
(10) A doctor of optometry
shall not engage in any unlawful, grossly unprofessional, or incompetent
practice, nor shall they practice in premises where others engage in any
unlawful, grossly unprofessional, or incompetent practice, if that practice is
known to the doctor of optometry, or would have been known to a person of
reasonable intelligence.
(11) A
doctor of optometry shall not be associated with or share an office or fees
with a person who is engaged in the unauthorized practice of
optometry.
(12) A doctor of
optometry shall keep the visual welfare of the patient uppermost at all times
and on dismissal of patient shall provide adequate opportunity to obtain other
eye care regardless of the patient's financial status.
(13) A doctor of optometry shall treat with
confidentiality the protected health information obtained from the patient,
except as otherwise required by law.
(14) A doctor of optometry shall provide care
that is consistent with established clinical practice guidelines, specifically
those adopted by the American Optometric Association at the time of the
provision of care, and shall only employ those clinical procedures and
treatment regiments for which they are competent to perform and within the
scope of practice.
(15) It is
unprofessional conduct to fail to maintain in good working order, or to be
unable to operate instruments and equipment necessary to provide competent
clinical care as established in the clinical practice guidelines adopted by the
American Optometric Association at the time of the provision of care.
(16) The patient care performed in a
patient's case shall be left to the professional judgment of the doctor of
optometry and determined by the established American Optometric Association
clinical practice guidelines in effect at that time.
(17) An act constituting a violation of KRS
Chapter 320, or any applicable state or federal law related to provider-patient
care shall be unprofessional conduct.
(18) It is unprofessional conduct for a
doctor of optometry to fail to inform the board of the change in location,
mailing address, and telephone number of each office he or she practices in
within thirty (30) days of any change.
Section 4. Expungement Eligibility and Procedure.
(1) The licensed doctor of
optometry shall not have been the subject of a subsequent violation of the same
nature for a period of three (3) years after the date of completion of
disciplinary sanctions imposed for the violation sought to be expunged;
and
(2) They shall submit a written
request to the board. The board shall consider each request and shall, if the
requirements established in
KRS
320.310(3) and this
administrative regulation are satisfied, expunge the record of the subject
disciplinary order.
Section 5. Trade Names. A doctor of optometry may practice under a trade name if:
(1) It is not the same as his or her
name; and
(2) The name of each
doctor of optometry practicing in his or her office is prominently displayed
on:
(a) The exterior of the main entrance to
the office; and
(b) Stationery,
prescription pads, telephone directory listings, and other items bearing or
displaying the trade name, including any form of electronic communication
media.
Section 6. Practice of Optometry Outside of Regular Office for a Charitable Purpose.
(1) In order for a
Kentucky licensed doctor of optometry to provide optometric services outside
the doctor of optometry's regular office for a charitable purpose, a charitable
organization shall provide to the board:
(a) A
written request to include the services of Kentucky licensed doctor of
optometry at least thirty (30) days before the optometric services are to be
offered;
(b) Proof of its nonprofit
status;
(c) Assurance that the
participating doctor of optometry shall not be compensated or remunerated in
any manner;
(d) The names of all
participating doctors of optometry;
(e) The address of the location where the
optometric services will be offered;
(f) The dates and times the optometric
services will be offered, which shall not exceed seven (7) days per
event;
(g) A statement of the
nature of the optometric services to be provided and the class of individuals
who are intended to be the recipients of the optometric services;
(h) A statement that the charitable
organization shall retain and maintain a patient record for each individual
treated by the participating doctor of optometry, and where the patient may
seek access to the record; and
(i)
A statement that the charitable organization shall require every participating
doctor of optometry to follow the standards of care and established clinical
practice guidelines adopted by the American Optometric Association at the time
of the provision of care.
(2) The board or its acting president may
waive the thirty (30) day requirement based on exigent circumstances that
prevented the charitable organization from complying with the thirty (30) day
requirement. Exigent circumstances, for example include instances such as a
governor's state of emergency, or as based on some significant need with board
approval retroactively at the next meeting.
(3) The board or its acting president shall
notify the charitable organization in writing if its request has been approved
within ten (10) business days of receipt of the completed request.
(4) A written request may include multiple
events on different dates if the events are scheduled within twelve (12) months
of the date the completed request is received by the board.
(5) Lenses shall be first quality and meet
the requirements of inspection, tolerance, and testing procedures as
established in the:
(a)
1. American National Standards Institute,
ANSI Z80 recently approved accredited standards, which may be obtained through
the Web site at https://www.z80asc.com/; and
2. ANSI Z80 list of currently active
standards, which may be obtained through the Web site at
https://www.z80asc.com/Z80asc/Standards/Z80/Standards.aspx?hkey=c8f40f21-a61f-4df3-9821-9f8315e70bde;
(b) ANSI/ISEA Z87.1-2020, and
standards overseen by the ANSI committee relating to occupational and
educational safety eyewear, which may be obtained through the ANSI Web store at
webstore.ansi.org; and
(c) American
Society for Testing and Materials, ASTM International, standards relating to
eye safety for sports and recreational safety eyewear, under the ASTM F08.57
committee, which may be obtained through the Web site at
https://www.astm.org/get-involved/technical-committees/committee-f08/subcommittee-f08/jurisdiction-f0857.
(6) Failure to comply with the
terms of this administrative regulation may result in denial or withdrawal of
approval.
STATUTORY AUTHORITY: KRS 320.230, 320.240, 320.295, 320.300(4), 320.310(1)(f), (n), (2), (3)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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