Title 201 | Chapter 005 | Regulation 020E
STATEMENT OF EMERGENCY
201 KAR 5:020E
Pursuant to KRS 13A.190(1)(a)1., this emergency administrative regulation is being promulgated to meet an imminent threat to public health, safety, and welfare. This emergency administrative regulation is necessary in response to the October 1, 2025 Opinion of the Attorney General (OAG 25-13). The Board of Optometric Examiners implemented licensing examination waivers or accepted alternative testing measures for individuals who graduated from optometry schools between 2020-2023 because of the state of emergency in the Commonwealth regarding COVID-19. In its opinion, the Office of the Attorney General found that the Board of Examiners improperly modified the licensing requirements via internal order and not via the administrative regulation process. This emergency administrative regulation provides how the Board of Optometric Examiners will review the licensure requirements of the impacted licensees to ensure all licensees have met the licensure requirements as established in 201 KAR 5:010 and this regulation.
This emergency administrative regulation will not be replaced by an ordinary administrative regulation because this emergency regulation seeks to remedy actions taken in the past that will not continue in the future.
ANDY BESHEAR, Governor of Kentucky
CHRISTI LEMAY, Executive Director
GENERAL GOVERNMENT CABINET
Kentucky Board of Optometric Examiners
(New Emergency Administrative Regulation)
201 KAR 5:020E.Review of Licensure Requirements.
Section 1.
For all initial licenses approved by the Board for individuals who graduated optometry school between 2020-2023, the following credentials must be in possession of the Board prior to license renewal for 2027:(1)
National Board of Examiners in Optometry (NBEO) Part 1 results or Optometry Examining Board of Canada (OEBC) Part 1 results;(2)
NBEO Part 2 and TMOD results; and(3)
NBEO Part 3 results or results of the Kentucky Clinical Competency Test.Section 2.
The Kentucky Clinical Competency Test shall be developed and utilized for this limited purpose and specific review of licenses.Section 3.
Any licensee without these credentials will be notified by the Board in writing and is eligible to submit the results above by December 31, 2026.Section 4.
The Board shall provide written notice to the Office of the Attorney General when the credentialing review is complete.APPROVED BY AGENCY: December 31, 2025
FILED WITH LRC: December 31, 2025 at 3:53 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 27, 2026, at 1:00 p.m. EST, at 100 Consumer Lane, Frankfort, Kentucky 40601. 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 February 28, 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, 100 Consumer Lane, Frankfort, Kentucky 40601, (502) 234-2114, christi.lemay@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Christi LeMay
Subject Headings:
Occupations and Professions, Licensing, Optometry
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation will ensure all licensees have met the licensure requirements pursuant to KRS 320.240 and 320.250 per the direction in OAG 25-13.
(b) The necessity of this administrative regulation:
This emergency regulation is necessary to ensure all licensees have met the licensure requirements pursuant to KRS 320.240 and 320.250 per the direction in OAG 25-13.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 320.240 and 320.250 authorizes the Board to determine license requirements.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This amendment will ensure all licensees have met the licensure requirements pursuant to KRS 320.240 and 320.250 per the direction in OAG 25-13.
(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:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(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:
This regulation will affect individuals who graduated from optometry schools between 2020-2023 and were licensed due to implemented examination waivers or board accepted alternative testing measures.
(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:
Those affected will need to take and pass the examinations identified in 201 KAR 5:010 and this regulation to meet the requirements needed for licensure.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
This regulation does not incur a cost more than the established cost of accepted forms of examination.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
This regulation will ensure all licensees have met licensure requirements set forth in KRS 320.240 and 320.250.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$1,000
(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:
Agency restricted funds
(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 necessary.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
No tiering is not applicable to this issue we are addressing.
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, 320.240, 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:
N/A
(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:
$1,000
For subsequent years:
$0
2. Revenues:
For the first year:
$0
For subsequent years:
$0
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):
This will not impact any local entities.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
None
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None.
(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:
The agency will incur costs to administer and proctor the Kentucky Clinical Competency Test identified in the regulation.
(b) Methodology and resources used to reach this conclusion:
(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):
This regulation will not have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
The incurred costs do not meet or exceed the definition of major economic impact in KRS 13A.010(14).
STATEMENT OF EMERGENCY
201 KAR 5:020E
Pursuant to KRS 13A.190(1)(a)1., this emergency administrative regulation is being promulgated to meet an imminent threat to public health, safety, and welfare. This emergency administrative regulation is necessary in response to the October 1, 2025 Opinion of the Attorney General (OAG 25-13). The Board of Optometric Examiners implemented licensing examination waivers or accepted alternative testing measures for individuals who graduated from optometry schools between 2020-2023 because of the state of emergency in the Commonwealth regarding COVID-19. In its opinion, the Office of the Attorney General found that the Board of Examiners improperly modified the licensing requirements via internal order and not via the administrative regulation process. This emergency administrative regulation provides how the Board of Optometric Examiners will review the licensure requirements of the impacted licensees to ensure all licensees have met the licensure requirements as established in 201 KAR 5:010 and this regulation.
This emergency administrative regulation will not be replaced by an ordinary administrative regulation because this emergency regulation seeks to remedy actions taken in the past that will not continue in the future.
ANDY BESHEAR, Governor of Kentucky
CHRISTI LEMAY, Executive Director
GENERAL GOVERNMENT CABINET
Kentucky Board of Optometric Examiners
(New Emergency Administrative Regulation)
201 KAR 5:020E.Review of Licensure Requirements.
Section 1.
For all initial licenses approved by the Board for individuals who graduated optometry school between 2020-2023, the following credentials must be in possession of the Board prior to license renewal for 2027:(1)
National Board of Examiners in Optometry (NBEO) Part 1 results or Optometry Examining Board of Canada (OEBC) Part 1 results;(2)
NBEO Part 2 and TMOD results; and(3)
NBEO Part 3 results or results of the Kentucky Clinical Competency Test.Section 2.
The Kentucky Clinical Competency Test shall be developed and utilized for this limited purpose and specific review of licenses.Section 3.
Any licensee without these credentials will be notified by the Board in writing and is eligible to submit the results above by December 31, 2026.Section 4.
The Board shall provide written notice to the Office of the Attorney General when the credentialing review is complete.APPROVED BY AGENCY: December 31, 2025
FILED WITH LRC: December 31, 2025 at 3:53 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on February 27, 2026, at 1:00 p.m. EST, at 100 Consumer Lane, Frankfort, Kentucky 40601. 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 February 28, 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, 100 Consumer Lane, Frankfort, Kentucky 40601, (502) 234-2114, christi.lemay@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Christi LeMay
Subject Headings:
Occupations and Professions, Licensing, Optometry
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation will ensure all licensees have met the licensure requirements pursuant to KRS 320.240 and 320.250 per the direction in OAG 25-13.
(b) The necessity of this administrative regulation:
This emergency regulation is necessary to ensure all licensees have met the licensure requirements pursuant to KRS 320.240 and 320.250 per the direction in OAG 25-13.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 320.240 and 320.250 authorizes the Board to determine license requirements.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This amendment will ensure all licensees have met the licensure requirements pursuant to KRS 320.240 and 320.250 per the direction in OAG 25-13.
(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:
N/A
(b) The necessity of the amendment to this administrative regulation:
N/A
(c) How the amendment conforms to the content of the authorizing statutes:
N/A
(d) How the amendment will assist in the effective administration of the statutes:
N/A
(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:
This regulation will affect individuals who graduated from optometry schools between 2020-2023 and were licensed due to implemented examination waivers or board accepted alternative testing measures.
(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:
Those affected will need to take and pass the examinations identified in 201 KAR 5:010 and this regulation to meet the requirements needed for licensure.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
This regulation does not incur a cost more than the established cost of accepted forms of examination.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
This regulation will ensure all licensees have met licensure requirements set forth in KRS 320.240 and 320.250.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
$1,000
(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:
Agency restricted funds
(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 necessary.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
No tiering is not applicable to this issue we are addressing.
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, 320.240, 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:
N/A
(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:
$1,000
For subsequent years:
$0
2. Revenues:
For the first year:
$0
For subsequent years:
$0
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):
This will not impact any local entities.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
None
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
None
For subsequent years:
None
2. Revenues:
For the first year:
None
For subsequent years:
None
3. Cost Savings:
For the first year:
None
For subsequent years:
None.
(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:
The agency will incur costs to administer and proctor the Kentucky Clinical Competency Test identified in the regulation.
(b) Methodology and resources used to reach this conclusion:
(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):
This regulation will not have a major economic impact.
(b) The methodology and resources used to reach this conclusion:
The incurred costs do not meet or exceed the definition of major economic impact in KRS 13A.010(14).