201 KAR 5:021REG

A proposed version of this document exists.

STATEMENT OF EMERGENCY

201 KAR 5:021E

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 to implement the directive contained within the October 1, 2025 Opinion of the Attorney General (OAG 25-13) in a manner that will best protect against any imminent threat to public health, safety, and welfare. The Board of Optometric Examiners (KBOE) implemented licensing examination waivers or accepted alternative testing measures for individuals who graduated from optometry schools between 2020-2023. In its opinion, the Office of the Attorney General found that the actions taken by the KBOE improperly modified the licensing requirements via internal order and not via the administrative regulation process. This regulation must be effective on an emergency basis in order to communicate a comprehensive list of all examination requirements to affected persons, to instruct such persons to immediately register and complete those requirements in enough time to meet the upcoming license renewal deadline, and to halt the performance of certain procedures by affected persons until all requirements have been completed, reviewed and accepted by the KBOE.

This emergency administrative regulation will be replaced by an ordinary administrative regulation because the requirements within the regulation will need to stay in effect until the next renewal deadline in 2027. The ordinary administrative regulation is not identical to this emergency regulation. The only difference between the two regulations is that the ordinary regulation will contain dates when certain examination options will no longer be available.

This emergency administrative regulation has the same subject matter as an emergency administrative regulation that was previously filed and withdrawn within the past 270 days but contains material and important differences. First, the exams required in the previously filed emergency administrative regulation have changed. This emergency administrative regulation provides the American Board of Optometry board certification exam as an option which replaces the option of the Kentucky Clinical Competency test in the previously filed and withdrawn emergency administrative regulation. Second, this emergency administrative regulation prohibits any affected licensees from performing the following procedures until all required credentials are submitted and accepted by the KBOE: (1) Argon Laser Trabeculoplasty (ALT); (2) Selective Laser Trabeculoplasty (SLT); (3) Laser Peripheral Iridotomy (LPI); or (4) Yttrium Aluminum Garnet (YAG) capsulotomy.

ANDY BESHEAR, Governor

MARY BETH MORRIS, OD, Board President

BOARD OF OPTOMETRIC EXAMINERS

(New Emergency Administrative Regulation)

201 KAR 5:021E.Licensure Compliance Review.

RELATES TO:

KRS 320.220, 320.250, 320.280.

STATUTORY AUTHORITY:

KRS 320.240

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 320.240(4) requires the Board of Optometric Examiners to promulgate administrative regulations for the reasonable regulation of the profession of optometry and the practice thereof by licensed optometrists. This emergency administrative regulation is necessary to address the directive for the Board of Optometric Examiners to investigate and review certain licensures per the Opinion of the Attorney General, OAG 25-13 in a way best to protect public health and welfare.

Section 1.

For all initial licenses approved by the Board for individuals who graduated optometry school between 2020-2023, the following examinations shall be taken and a passing score must be submitted and in the 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 American Board of Optometry (ABO) board certification exam.

Section 2.

The ABO board certification exam shall be utilized for this limited purpose and for the specific review of licenses.

Section 3.

Any licensee who has not met the requirements of Section 1 of this emergency administrative regulation shall not perform the following procedures until all required results are submitted, reviewed and accepted by the Board:

(1)

Argon Laser Trabeculoplasty (ALT);

(2)

Selective Laser Trabeculoplasty (SLT);

(3)

Laser Peripheral Iridotomy (LPI); or

(4)

Yttrium Aluminum Garnet (YAG) capsulotomy.

Section 4.

The Board shall provide written notice to the Office of the Attorney General when the investigation and review is complete.

MARY BETH MORRIS, OD, President

APPROVED BY AGENCY: February 5, 2026

FILED WITH LRC: February 5, 2026 at 3:45 p.m.

PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 25, 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 March 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, 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, 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.

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:

This amendment clarifies the examinations that are required for licensure. The amendment also requires the board to notify licensees of any proposed change in licensure.

(b) The necessity of the amendment to this administrative regulation:

This amendment is necessary to establish the examinations required for licensure effective January 1, 2027.

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:

This amendment provides the examinations required for licensure effective January 1, 2027.

(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 amendment affects all individuals seeking licensure starting January 1, 2027.

(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.

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:

$350

(b) On a continuing basis:

(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:

$350 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:

For subsequent years:

(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):

N/A

(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:

N/A

(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.

STATEMENT OF EMERGENCY

201 KAR 5:021E

ANDY BESHEAR, Governor

MARY BETH MORRIS, OD, Board President

BOARD OF OPTOMETRIC EXAMINERS

(New Emergency Administrative Regulation)

201 KAR 5:021E.Licensure Compliance Review.

RELATES TO:

KRS 320.220, 320.250, 320.280.

STATUTORY AUTHORITY:

KRS 320.240

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1. (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 American Board of Optometry (ABO) board certification exam.

Section 2.

The ABO board certification exam shall be utilized for this limited purpose and for the specific review of licenses.

Section 3. (1)