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BOARDS AND COMMISSIONS

Board of Optometric Examiners

(Amended at ARRS Committee)

201 KAR 5:021.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 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.

This administrative regulation shall be in effect until 2/28/2027.

Section 2.

For all initial licenses approved by the Board for individuals who graduated optometry school between 2020 and-2023, the following examinations shall be taken and a passing score shall~~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)

(a)

NBEO Part 3 results; or

(b)

The results of the American Board of Optometry (ABO) board certification exam if taken between February 5, 2026 and July 17, 2026.

Section 3.

A licensee may submit a passing score of the Optometry Examining Board of Canada (OEBC) Part 1 to satisfy the requirements of Section 2(1) of this administrative regulation if the OEBC Part 1 test was taken by the licensee or test results were submitted by the licensee to the Kentucky Board of Optometric Examiners between July 30, 2025, and April 15, 2026.~~The ABO board certification exam shall be utilized for this limited purpose and for the specific review of licenses.~~

Section 4.

Any licensee who has not met the requirements of ~~Section 2 of~~ this 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 5.

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

FILED WITH LRC: August 11, 2026

CONTACT PERSON: Christi LeMay, Executive Director, 100 Consumer Lane, Frankfort, Kentucky 40601, (502) 234-2114, christi.lemay@ky.gov

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:

The agency amendment does not change or increase any fees paid to the Kentucky Board of Optometric Examiners.

(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.

BOARDS AND COMMISSIONS

Board of Optometric Examiners

(Amended at ARRS Committee)

201 KAR 5:021.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.

This administrative regulation shall be in effect until 2/28/2027.

Section 2.

For all initial licenses approved by the Board for individuals who graduated optometry school between 2020 and2023, the following examinations shall be taken and a passing score shall 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;

(2)

NBEO Part 2 and TMOD results; and

(3)

(a)

NBEO Part 3 results; or

(b)

The results of the American Board of Optometry (ABO) board certification exam if taken between February 5, 2026 and July 17, 2026.

Section 3.

Section 4.

Any licensee who has not met the requirements of this 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 5.

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

FILED WITH LRC: August 11, 2026

CONTACT PERSON: Christi LeMay, Executive Director, 100 Consumer Lane, Frankfort, Kentucky 40601, (502) 234-2114, christi.lemay@ky.gov

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:

The agency amendment does not change or increase any fees paid to the Kentucky Board of Optometric Examiners.

(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.

Page Generated: 8/28/2026, 1:03:35 PM

Kentucky
General Assembly

Title 201 | Chapter 005 | Regulation 021REG

201 KAR 5:021.Licensure Compliance Review.

RELATES TO:

STATUTORY AUTHORITY:

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

Section 2.

(1)

(2)

(3)

(a)

(b)

Section 3.

Section 4.

(1)

(2)

(3)

(4)

Section 5.

201 KAR 5:021.Licensure Compliance Review.

RELATES TO:

STATUTORY AUTHORITY:

CERTIFICATION STATEMENT:

NECESSITY, FUNCTION, AND CONFORMITY:

Section 1.

Section 2.

(1)

(2)

(3)

(a)

(b)

Section 3.

Section 4.

(1)

(2)

(3)

(4)

Section 5.