Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
320.295,
326.060
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
320.295 prohibits false, misleading, or
deceptive advertising. This administrative regulation describes what an
advertisement shall include to avoid being characterized as false, misleading,
or deceptive.
Section 1.
(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, alone
shall clearly state: "does not include eye examination".
(3) Any optometrist 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 deems appropriate.
Section 2. In the absence of compelling
reasons to the contrary, a minimum examination, as described in
201 KAR
5:040, Section 7, shall be performed when advertising
an eye examination.
Section 3.
(1) The advertisement of eye glass lenses
shall include: single vision or specified type of multifocal lenses.
(2) Advertisement of contact lenses shall
include:
(a) Description of type of lens; for
example, "soft, tinted, extended wear toric";
(b) Whether or not professional fees are
included in the advertised price.
(3) If dispensing fees are not included in
the advertisement of visual aid glasses, the advertisement shall so
state.
Section 4.
(1) Except as provided in subsection (2) 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 he is an optometrist, physician or osteopath.
(2) An ophthalmic dispenser may advertise
that he fits contact lenses if all fittings occur in the presence, and under
the supervision, of an optometrist, physician or osteopath.
Section 5.
(1) Advertising shall be prohibited if it
represents an optometrist as a specialist in an optometric specialty if he has
not:
(a) Been certified by a certifying board
which has been approved by the Kentucky Board of Optometric Examiners;
and
(b) Furnished proof of his
certification to the Kentucky Board of Optometric Examiners.
(2) Uses 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 6.
(1) A prescription may contain the following
or similar language: "The (below) (above) contains those measurements and
directions which are included in a prescription for spectacle lenses. The
person fitting or attempting to fit contact lenses will probably have to take
additional measurements and make interpretations of those measurements as they
relate to this prescription. Under Kentucky law only optometrists, osteopaths
and physicians are authorized to fit contact lenses. Ophthalmic dispensers may
fit contact lenses in the presence of and under the supervision of an
optometrist, osteopath or physician."
(2) The signed spectacle prescription shall
be given to the patient upon request at the completion of the examination and
payment of fees.
Section
7. An optometrist shall use the letters "OD" or "O.D." in any
advertisement where an optometrist uses letters to denote an optometry
degree.
STATUTORY AUTHORITY:
KRS
320.240(4), (7),
320.295
