2019 Kentucky Revised Statutes Chapter 367 - Consumer protection 367.6802 Assessment mechanism required to conduct eye assessment or to generate prescription for corrective eyewear -- Duties of optometrist, osteopath, or physician -- Required disclosures to patient -- Construction of statute -- Appropriate practice standards.
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367.6802 Assessment mechanism required to conduct eye assessment or to generate
prescription for corrective eyewear -- Duties of optometrist, osteopath, or
physician -- Required disclosures to patient -- Construction of statute -Appropriate practice standards.
(1)
(2)
An assessment mechanism to conduct an eye assessment or to generate a
prescription for contact lenses or visual aid glasses to a patient in Kentucky shall:
(a) Provide synchronous or asynchronous interaction between the patient and the
Kentucky-licensed optometrist, osteopath, or physician;
(b) Collect the patient's medical history, previous prescription for corrective
eyewear, and length of time since the patient's most recent in-person
comprehensive eye health examination;
(c) Provide any applicable accommodation required by the federal Americans
with Disabilities Act, 42 U.S.C. secs. 12101 et seq., as amended;
(d) Gather and transmit protected health information in compliance with the
federal Health Insurance Portability and Accountability Act of 1996, as
amended;
(e) Be used to perform a procedure with a recognized Current Procedural
Terminology code maintained by the American Medical Association, if
applicable; and
(f) Maintain liability insurance, through its owner or lessee, in an amount
adequate to cover claims made by individuals diagnosed or treated based on
information and data, including any photographs and scans, generated by the
assessment mechanism.
A Kentucky-licensed optometrist, osteopath, or physician shall:
(a) Read and interpret the diagnostic information and data, including any
photographs and scans, gathered by the assessment mechanism;
(b) Verify the identity of the patient requesting treatment via the assessment
mechanism;
(c) Create and maintain a medical record for each patient, which is for use during
the ongoing treatment of a patient, and complies with all state and federal laws
regarding maintenance and accessibility;
(d) Provide a handwritten or electronic signature, along with their Kentucky state
license number, certifying their diagnosis, evaluation, treatment, prescription,
or consultation recommendations of the patient;
(e) Utilize an assessment mechanism for an eye assessment or to generate a
prescription for visual aid glasses only if:
1.
The patient is at least eighteen (18) years of age; and
2.
The patient has received an in-person comprehensive eye health
examination by an optometrist, osteopath, or physician within the
previous twenty-four (24) months; and
(f) Utilize an assessment mechanism to generate a prescription for contact lenses
only if:
1.
2.
(3)
(4)
(5)
The patient is at least eighteen (18) years of age; and
The patient has received an in-person comprehensive eye health
examination by an optometrist, osteopath, or physician:
a.
For the initial prescription and one (1) follow-up or first renewal of
the initial prescription; or
b.
Within twenty-four (24) months after the follow-up or first
renewal of the initial prescription, and every twenty-four (24)
months thereafter.
Prior to using an assessment mechanism, each Kentucky patient shall be provided
with and shall accept as a term of use a disclosure that includes the following
information:
(a) This assessment is not a replacement for an in-person comprehensive eye
health examination;
(b) This assessment cannot be used to generate an initial prescription for contact
lenses or a follow-up or first renewal of the initial prescription;
(c) This assessment may only be used if the patient has had an in-person
comprehensive eye health examination within the previous twenty-four (24)
months if the patient is conducting an eye assessment or receiving a
prescription for visual aid glasses; and
(d) The United States Centers for Disease Control and Prevention (CDC) advises
contact lens wearers to visit an eye doctor one (1) time a year or more often if
needed.
Evaluation, treatment, and consultation recommendations by a Kentucky-licensed
optometrist, osteopath, or physician utilizing an assessment mechanism as required
in this section, including issuing a prescription via electronic means, shall be held to
the same standards of appropriate practice as those in traditional in-person clinical
settings.
This section shall not:
(a) Limit the discretion of a Kentucky-licensed optometrist, osteopath, or
physician to direct a patient to utilize any telehealth service deemed
appropriate for any treatment and care of the patient;
(b) Limit the sharing of patient information, in whatever form, between an
optometrist, osteopath, or physician; or
(c) Apply beyond ocular health and eye care.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 44, sec. 8, effective July 14, 2018.
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