2015 Kentucky Revised Statutes CHAPTER 320 - OPTOMETRISTS 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.
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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.
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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.
The board shall keep a register containing the name, address, and license number of
every person licensed to practice optometry in this state.
The Attorney General shall render to the board legal services as it may require in
carrying out and enforcing the provisions of this chapter.
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.
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.
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.
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.
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.
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
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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.
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.
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.
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.
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 controlled substances classified in
Schedules I and II, 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 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: June 8, 2011
History: 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."
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