Title 201 | Chapter 005 | Regulation 010E
201 KAR 5:010REG
A proposed version of this document exists.
PREVIOUS VERSION
The previous document that this document is based upon is available.
STATEMENT OF EMERGENCY
201 KAR 5:010E
Pursuant to KRS 13A.190(1)(a)1., this emergency amendment is being promulgated to meet an imminent threat to public health, safety, and welfare. This emergency amendment is necessary to immediately revise ce11ain licensure examination requirements. In response to OAG 25-13, the October 1, 2025 Opinion of the Attorney General (AG), the Board of Optometric Examiners (KBOE) promulgated 201 KAR 5:021E to review the licenses of individuals who graduated from optometry schools between 2020 and 2023. That emergency regulation included the option of submitting results from the Optometry Examining Board of Canada (OEBC) written examination as an alternative to results from the National Board of Examiners in Optometry (NBEO) Pait I, which was also an option for initial licensure under 201 KAR 5:010, as effective July 30, 2025. However, in response to public comments the KBOE filed a Statement of Consideration on April 15, 2026 to amend 201 KAR 5:021E to immediately remove the OEBC written examination as an acceptable test option for the ongoing license reviews moving forward. This emergency amendment to 201 KAR 5:0l0E is required to ensure that the OEBC written examination is immediately removed as an option for initial licensure as well. This emergency amendment will be replaced by an ordinary administrative regulation amendment. The ordinary administrative regulation amendment will not be identical to this emergency amendment, as the language in Section 1 of the emergency amendment should not be included in the ordinary regulation once the emergency amendment expires. This emergency amendment does not have the same subject matter as an emergency administrative regulation that was previously filed and withdrawn within the past 270 days.
ANDY BESHEAR, Governor
MARY BETH MORRIS, OD, President
BOARDS AND COMMISSIONS
BOARD OF OPTOMETRIC EXAMINERS
(Emergency Amendment)
201 KAR 5:010E.Application for licensure; endorsement.
Section 1.
(1)
Effective immediately, a person applying for a license to practice optometry shall submit to the board, within fifteen (15) days of board review:(a)
A completed Application for License to Practice Optometry;(b)
A birth certificate;(c)
A certified copy of college transcripts received directly from the registrar's office;(d)
A certified copy of optometry school transcripts received directly from the registrar's office;(e)
National Board of Examiners in Optometry, "NBEO", results for Part 1, Part 2, and Part 3. The Optometry Examining Board of Canada, "OEBC", written examination results may be submitted in lieu of Part 1 of the NBEO results if the OEBC Part 1 test was taken by the licensee or the test results were submitted to the Kentucky Board of Optometric Examiners by the licensee between July 30, 2025 and April 15, 2026;(f)
Therapeutic Management of Ocular Disease, "TMOD" results;(g)
Two (2) letters of recommendation, one (1) of which shall be from a licensed optometrist;(h)
Proof of successful completion of State Law Exam results;(i)
A recent photograph of head and shoulders, front view;(j)
Payment in the amount of $500 representing the non-refundable application fee; and(k)
Payment in the amount of twenty-five (25) dollars for the purpose of submitting a query on the applicant to the National Practitioner Data Bank of the United States Department of Health and Human Services.(2)
(a)
Prior to approval for examination, the board shall review and consider:1.
A national and state, fingerprint-supported criminal record check conducted by the:a.
Federal Bureau of Investigation; orb.
Kentucky State Police; and2.
A query for any relevant data from the National Practitioner Data Bank of the U.S. Department of Health and Human Services.(b)
Both of the items required to be furnished by this subsection shall be less than sixty (60) days old when reviewed by the board.Section 2.
(1)
Effective January 1, 2027, a person applying for a license to practice optometry shall submit to the board, within fifteen (15) days of board review:(a)
A completed Application for License to Practice Optometry;(b)
A birth certificate;(c)
A certified copy of college transcripts received directly from the registrar's office;(d)
A certified copy of optometry school transcripts received directly from the registrar's office;(e)
National Board of Examiners in Optometry, "NBEO", results for Part 1, Part 2, and Part 3;(f)
NBEO Therapeutic Management of Ocular Disease, "TMOD" results;(g)
NBEO Injections Skill Exam, "ISE" results;(h)
Two (2) letters of recommendation, one (1) of which shall be from a licensed optometrist;(i)
Proof of successful completion of State Law Exam results;(j)
A recent photograph of head and shoulders, front view;(k)
Payment in the amount of $500 representing the non-refundable application fee; and(l)
Payment in the amount of twenty-five (25) dollars for the purpose of submitting a query on the applicant to the National Practitioner Data Bank of the United States Department of Health and Human Services.(2)
(a)
Prior to approval for examination, the board shall review and consider:1.
A national and state, fingerprint-supported criminal record check conducted by the:a.
Federal Bureau of Investigation; orb.
Kentucky State Police; and2.
A query for any relevant data from the National Practitioner Data Bank of the U.S. Department of Health and Human Services.(b)
Both of the items required to be furnished by this subsection shall be less than sixty (60) days old when reviewed by the board.Section 3.
(1)
A person applying for a license to practice optometry by endorsement shall submit to the board, within fifteen (15) days of board review:(a)
A completed Application for License by Endorsement to Practice Optometry;(b)
Verification that the applicant has been licensed in optometry and in active practice the past five (5) years;(c)
Information regarding any resolved, pending, or unresolved board action or malpractice suit in any state or territory;(d)
A certified copy of college transcripts received directly from the registrar's office;(e)
A certified copy of optometry school transcripts received directly from the registrar's office;(f)
A certificate of good standing from the board where the applicant is currently licensed and from all state boards where the applicant has held a license in the past;(g)
A copy of the credential that proves the applicant is therapeutically licensed;(h)
Two (2) letters of recommendation, one (1) of which shall be from a licensed optometrist;(i)
Proof of successful completion of Kentucky State Law Exam;(j)
A recent photograph of head and shoulders, front view;(k)
Payment in the amount of $700 representing the non-refundable application fee;(l)
A notarized statement explaining why the applicant wishes to be admitted to practice in Kentucky; and(m)
Payment in the amount of twenty-five (25) dollars for the purpose of submitting a query on the applicant to the National Practitioner Data Bank of the United States Department of Health and Human Services to retrieve any relevant data on the applicant.(2)
(a)
Prior to approval for licensure, the board shall receive and consider:1.
A national and state, fingerprint-supported criminal record check conducted by the:a.
Federal Bureau of Investigation; orb.
Kentucky State Police; and2.
A query for any relevant data from the National Practitioner Data Bank of the U.S. Department of Health and Human Services.(b)
Both of the items required to be furnished by this subsection shall be less than sixty (60) days old when reviewed by the board.Section 4.
(1)
A person whose license has been revoked pursuant to KRS 320.280(3) may apply for reinstatement of his or her license.(2)
Except as provided in subsection (3) of this section, a person applying for reinstatement shall submit to the board:(a)
Evidence of completion of the continuing education requirements established in 201 KAR 5:030; and(b)
Payment of the reinstatement fee established in 201 KAR 5:005, Section 7.(3)
To apply for reinstatement, an optometrist whose license has been revoked pursuant to KRS 320.280(3) shall submit to the board:(a)
Evidence of completion of the annual continuing education requirement for each year, or any portion of a year, that the license was not renewed up to a maximum of sixty (60) hours; and(b)
Payment of the reinstatement fee established in 201 KAR 5:005, Section 7 for each year, or any portion of a year, that the license was not renewed.Section 5.
The board shall notify licensees of any proposed changes to the licensing process and provide licensees with information on the public comment period for any proposed change.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Application for License to Practice Optometry", April 2026; and(b)
"Application for License by Endorsement to Practice Optometry", April 2026.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Optometric Examiners, 100 Consumer Lane, Frankfort, Kentucky 40601, phone (502) 234-2114, Monday through Friday, 9:00 a.m. to 4:30 p.m. This material may also be viewed on the board's Web site at: https://optometry.ky.gov/applicants/Pages/default.aspx.MARY BETH MORRIS, O.D., President
APPROVED BY AGENCY: April 14, 2026
FILED WITH LRC: April 15, 2026 at 4:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 26, 2026 at 2:00 p.m. EST at the Hyatt Regency Hotel, 401 West High Street, Lexington, Kentucky 40507. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through May 31, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Christi LeMay, Executive Director, Kentucky Board of Optometric Examiners, 100 Consumer Lane, Frankfort, Kentucky 40601, (502) 234-2114, fax (859) 246-2746, christi.lemay@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Christi LeMay
Subject Headings:
Occupations and Professions, Optometry, Licensing
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation prescribes the procedures to be followed in making application to the Board for a license to practice optometry.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the requirements for licensure, licensure by endorsement, and reinstatement of a license.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the specific authority provided in KRS 218A.205(3)(g), 320.240(7), 320.270(4).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation set forth the requirements for licensure so applicants, licensees, and the public are aware of the requirements.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The emergency amendment to this regulation will immediately remove the OEBC Part I test as an alternative to the NBEO Part I test. Other amendments clarify that the NBEO Injections Skills Exam (ISE) will be required effective January 1, 2027.
(b) The necessity of the amendment to this administrative regulation:
These amendments are necessary to immediately remove the OEBC Part I test and update the licensure requirements effective January 1, 2027.
(c) How the amendment conforms to the content of the authorizing statutes:
The authorizing statutes provide the board with authority to establish the licensing requirements, and require that the board establish these requirements in regulation.
(d) How the amendment will assist in the effective administration of the statutes:
These amendments provide the examinations required for licensure.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
These amendments affect all individuals seeking licensure from the date of filing.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
All applicants are required to provide passing scores of the licensing examinations established in this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
Applicants must continue to pay the licensing examinations for each required examination.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Compliance with this amendment is necessary to be licensed to practice optometry. (6) Provide an estimate of how much it will cost the administrative body to implement this amendment:
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$0
(b) On a continuing basis:
$0
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
N/A
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will be no increase in fees or funding to implement this amendment.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation establishes fees for licensure. This amendment does not change any of these fees.
(10) TIERING: Is tiering applied?
No, each group of applicants has the same requirements.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 218A.205(3)(g), 320.220, 320.250, 320.270, 320.280
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
No.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Optometric Examiners
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$0 expenditure increase with this amendment.
For subsequent years:
$0 expenditure increase with this amendment.
2. Revenues:
For the first year:
$0 revenue increase with this amendment.
For subsequent years:
$0 revenue increase with this amendment.
3. Cost Savings:
For the first year:
$0
For subsequent years:
$0
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
N/A
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
All applicants for licensure to practice optometry in Kentucky are affected by this regulation and these amendments.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
There is no additional fiscal impact on licensees with these amendments. The amendments clarify which licensing examination tests will be required, and this clarification does not result in any increased licensing examination costs that do not already exist.
(b) Methodology and resources used to reach this conclusion:
N/A
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
No.
(b) The methodology and resources used to reach this conclusion:
This amendment does not change any applicant fees paid to the Kentucky Board of Optometric Examiners and does not change any current licensing examination costs for licensees.
STATEMENT OF EMERGENCY
201 KAR 5:010E
Pursuant to KRS 13A.190(1)(a)1., this emergency amendment is being promulgated to meet an imminent threat to public health, safety, and welfare. This emergency amendment is necessary to immediately revise ce11ain licensure examination requirements. In response to OAG 25-13, the October 1, 2025 Opinion of the Attorney General (AG), the Board of Optometric Examiners (KBOE) promulgated 201 KAR 5:021E to review the licenses of individuals who graduated from optometry schools between 2020 and 2023. That emergency regulation included the option of submitting results from the Optometry Examining Board of Canada (OEBC) written examination as an alternative to results from the National Board of Examiners in Optometry (NBEO) Pait I, which was also an option for initial licensure under 201 KAR 5:010, as effective July 30, 2025. However, in response to public comments the KBOE filed a Statement of Consideration on April 15, 2026 to amend 201 KAR 5:021E to immediately remove the OEBC written examination as an acceptable test option for the ongoing license reviews moving forward. This emergency amendment to 201 KAR 5:0l0E is required to ensure that the OEBC written examination is immediately removed as an option for initial licensure as well. This emergency amendment will be replaced by an ordinary administrative regulation amendment. The ordinary administrative regulation amendment will not be identical to this emergency amendment, as the language in Section 1 of the emergency amendment should not be included in the ordinary regulation once the emergency amendment expires. This emergency amendment does not have the same subject matter as an emergency administrative regulation that was previously filed and withdrawn within the past 270 days.
ANDY BESHEAR, Governor
MARY BETH MORRIS, OD, President
BOARDS AND COMMISSIONS
BOARD OF OPTOMETRIC EXAMINERS
(Emergency Amendment)
201 KAR 5:010E.Application for licensure; endorsement.
Section 1.
(1)
Effective immediately, a(a)
A completed Application for License to Practice Optometry;(b)
A birth certificate;(c)
A certified copy of college transcripts received directly from the registrar's office;(d)
A certified copy of optometry school transcripts received directly from the registrar's office;(e)
National Board of Examiners in Optometry, "NBEO", results for Part 1, Part 2, and Part 3. The Optometry Examining Board of Canada, "OEBC", written examination results may be submitted in lieu of Part 1 of the NBEO results if the OEBC Part 1 test was taken by the licensee or the test results were submitted to the Kentucky Board of Optometric Examiners by the licensee between July 30, 2025 and April 15, 2026;(f)
Therapeutic Management of Ocular Disease, "TMOD" results;(g)
Two (2) letters of recommendation, one (1) of which shall be from a licensed optometrist;(h)
Proof of successful completion of State Law Exam results;(i)
A recent photograph of head and shoulders, front view;(j)
Payment in the amount of $500 representing the non-refundable application fee; and(k)
Payment in the amount of twenty-five (25) dollars for the purpose of submitting a query on the applicant to the National Practitioner Data Bank of the United States Department of Health and Human Services.(2)
(a)
Prior to approval for examination, the board shall review and consider:1.
A national and state, fingerprint-supported criminal record check conducted by the:a.
Federal Bureau of Investigation; orb.
Kentucky State Police; and2.
A query for any relevant data from the National Practitioner Data Bank of the U.S. Department of Health and Human Services.(b)
Both of the items required to be furnished by this subsection shall be less than sixty (60) days old when reviewed by the board.Section 2.
(1)
Effective January 1, 2027, a person applying for a license to practice optometry shall submit to the board, within fifteen (15) days of board review:(a)
A completed Application for License to Practice Optometry;(b)
A birth certificate;(c)
A certified copy of college transcripts received directly from the registrar's office;(d)
A certified copy of optometry school transcripts received directly from the registrar's office;(e)
National Board of Examiners in Optometry, "NBEO", results for Part 1, Part 2, and Part 3;(f)
NBEO Therapeutic Management of Ocular Disease, "TMOD" results;(g)
NBEO Injections Skill Exam, "ISE" results;(h)
Two (2) letters of recommendation, one (1) of which shall be from a licensed optometrist;(i)
Proof of successful completion of State Law Exam results;(j)
A recent photograph of head and shoulders, front view;(k)
Payment in the amount of $500 representing the non-refundable application fee; and(l)
Payment in the amount of twenty-five (25) dollars for the purpose of submitting a query on the applicant to the National Practitioner Data Bank of the United States Department of Health and Human Services.(2)
(a)
Prior to approval for examination, the board shall review and consider:1.
A national and state, fingerprint-supported criminal record check conducted by the:a.
Federal Bureau of Investigation; orb.
Kentucky State Police; and2.
A query for any relevant data from the National Practitioner Data Bank of the U.S. Department of Health and Human Services.(b)
Both of the items required to be furnished by this subsection shall be less than sixty (60) days old when reviewed by the board.Section 3.Section 2.
(1)
A person applying for a license to practice optometry by endorsement shall submit to the board, within fifteen (15) days of board review:(a)
A completed Application for License by Endorsement to Practice Optometry;(b)
Verification that the applicant has been licensed in optometry and in active practice the past five (5) years;(c)
Information regarding any resolved, pending, or unresolved board action or malpractice suit in any state or territory;(d)
A certified copy of college transcripts received directly from the registrar's office;(e)
A certified copy of optometry school transcripts received directly from the registrar's office;(f)
A certificate of good standing from the board where the applicant is currently licensed and from all state boards where the applicant has held a license in the past;(g)
A copy of the credential that proves the applicant is therapeutically licensed;(h)
Two (2) letters of recommendation, one (1) of which shall be from a licensed optometrist;(i)
Proof of successful completion of Kentucky State Law Exam;(j)
A recent photograph of head and shoulders, front view;(k)
Payment in the amount of $700 representing the non-refundable application fee;(l)
A notarized statement explaining why the applicant wishes to be admitted to practice in Kentucky; and(m)
Payment in the amount of twenty-five (25) dollars for the purpose of submitting a query on the applicant to the National Practitioner Data Bank of the United States Department of Health and Human Services to retrieve any relevant data on the applicant.(2)
(a)
Prior to approval for licensure, the board shall receive and consider:1.
A national and state, fingerprint-supported criminal record check conducted by the:a.
Federal Bureau of Investigation; orb.
Kentucky State Police; and2.
A query for any relevant data from the National Practitioner Data Bank of the U.S. Department of Health and Human Services.(b)
Both of the items required to be furnished by this subsection shall be less than sixty (60) days old when reviewed by the board.Section 4.Section 3.
(1)
A person whose license has been revoked pursuant to KRS 320.280(3) may apply for reinstatement of his or her license.(2)
Except as provided in subsection (3) of this section, a person applying for reinstatement shall submit to the board:(a)
Evidence of completion of the continuing education requirements established in 201 KAR 5:030; and(b)
Payment of the reinstatement fee established in 201 KAR 5:005, Section 7.(3)
To apply for reinstatement, an optometrist whose license has been revoked pursuant to KRS 320.280(3) shall submit to the board:(a)
Evidence of completion of the annual continuing education requirement for each year, or any portion of a year, that the license was not renewed up to a maximum of sixty (60) hours; and(b)
Payment of the reinstatement fee established in 201 KAR 5:005, Section 7 for each year, or any portion of a year, that the license was not renewed.Section 5.Section 4.
The board shall notify licensees of any proposed changes to the licensing process and provide licensees with information on the public comment period for any proposed change.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"Application for License to Practice Optometry", April 2026(b)
"Application for License by Endorsement to Practice Optometry", April 2026(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Board of Optometric Examiners, 100 Consumer Lane, Frankfort, Kentucky 40601, phone (502) 234-2114, Monday through Friday, 9:00 a.m. to 4:30 p.m.MARY BETH MORRIS, O.D., President
APPROVED BY AGENCY: April 14, 2026
FILED WITH LRC: April 15, 2026 at 4:30 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on June 26, 2026 at 2:00 p.m. EST at the Hyatt Regency Hotel, 401 West High Street, Lexington, Kentucky 40507. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through May 31, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Christi LeMay, Executive Director, Kentucky Board of Optometric Examiners, 100 Consumer Lane, Frankfort, Kentucky 40601, (502) 234-2114, fax (859) 246-2746, christi.lemay@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Christi LeMay
Subject Headings:
Occupations and Professions, Optometry, Licensing
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation prescribes the procedures to be followed in making application to the Board for a license to practice optometry.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the requirements for licensure, licensure by endorsement, and reinstatement of a license.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation conforms to the specific authority provided in KRS 218A.205(3)(g), 320.240(7), 320.270(4).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation set forth the requirements for licensure so applicants, licensees, and the public are aware of the requirements.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The emergency amendment to this regulation will immediately remove the OEBC Part I test as an alternative to the NBEO Part I test. Other amendments clarify that the NBEO Injections Skills Exam (ISE) will be required effective January 1, 2027.
(b) The necessity of the amendment to this administrative regulation:
These amendments are necessary to immediately remove the OEBC Part I test and update the licensure requirements effective January 1, 2027.
(c) How the amendment conforms to the content of the authorizing statutes:
The authorizing statutes provide the board with authority to establish the licensing requirements, and require that the board establish these requirements in regulation.
(d) How the amendment will assist in the effective administration of the statutes:
These amendments provide the examinations required for licensure.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
No.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
These amendments affect all individuals seeking licensure from the date of filing.
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
All applicants are required to provide passing scores of the licensing examinations established in this amendment.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
Applicants must continue to pay the licensing examinations for each required examination.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
Compliance with this amendment is necessary to be licensed to practice optometry. (6) Provide an estimate of how much it will cost the administrative body to implement this amendment:
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$0
(b) On a continuing basis:
$0
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
N/A
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will be no increase in fees or funding to implement this amendment.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation establishes fees for licensure. This amendment does not change any of these fees.
(10) TIERING: Is tiering applied?
No, each group of applicants has the same requirements.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
KRS 218A.205(3)(g), 320.220, 320.250, 320.270, 320.280
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
No.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Optometric Examiners
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
$0 expenditure increase with this amendment.
For subsequent years:
$0 expenditure increase with this amendment.
2. Revenues:
For the first year:
$0 revenue increase with this amendment.
For subsequent years:
$0 revenue increase with this amendment.
3. Cost Savings:
For the first year:
$0
For subsequent years:
$0
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
N/A
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
All applicants for licensure to practice optometry in Kentucky are affected by this regulation and these amendments.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
There is no additional fiscal impact on licensees with these amendments. The amendments clarify which licensing examination tests will be required, and this clarification does not result in any increased licensing examination costs that do not already exist.
(b) Methodology and resources used to reach this conclusion:
N/A
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
No.
(b) The methodology and resources used to reach this conclusion:
This amendment does not change any applicant fees paid to the Kentucky Board of Optometric Examiners and does not change any current licensing examination costs for licensees.