Title 201 | Chapter 005 | Regulation 038
WITHDRAWN
This document is no longer current.
BOARD OF OPTOMETRIC EXAMINERS
(New Administrative Regulation)
201 KAR 5:038.Advertising.
Section 1.
(1)
An advertisement shall state if additional charges may be incurred in an eye examination for related services in individual cases.(2)
An advertisement of price for visual aid glasses, including contact lenses or other optical goods, alone shall clearly state: "does not include eye examination".(3)
Any Doctor of Optometry who has been subjected to any disciplinary measures for advertising violations may be required by the board to secure prepublication approval of all advertisements by the board for any period of time which the board deems appropriate.Section 2.
When advertising an eye examination, such examination shall follow the standards of care and established clinical practice guidelines adopted by the American Optometric Association at the time of the provision of care.Section 3.
(1)
The advertisement of eye glass lenses shall include: single vision or specified type of multifocal lenses.(2)
Advertisement of contact lenses shall include:(a)
Description of type of lens; for example, "soft, tinted, extended wear toric";(b)
Whether or not professional fees are included in the advertised price.(3)
If dispensing fees are not included in the advertisement of visual aid glasses, the advertisement shall so state.(4)
The advertisement of optometric services rendered in Kentucky shall include whether the services will be performed by a licensed Doctor of Optometry:(a)
In-Person;(b)
Via live or real-time audio and video synchronous telehealth technology; or(c)
Via asynchronous store-and-forward telehealth technology.Section 4.
(1)
Except as provided in subsection (2) of this section, a person, individually or while employed or connected with a corporation or association, shall not advertise the fitting of contact lenses unless they are a Doctor of Optometry, physician or osteopath.(2)
An ophthalmic dispenser may advertise that they dispense contact lenses, if the patient presents a valid prescription from a Doctor of Optometry, physician or osteopath.Section 5.
(1)
Advertising shall be prohibited if it represents a Doctor of Optometry as a specialist in an optometric specialty if they have not:(a)
Been certified by a certifying board which has been approved by the Kentucky Board of Optometric Examiners and recognized by the Federal Government; and(b)
Furnished proof of their certification to the Kentucky Board of Optometric Examiners;(2)
Uses a coded or special name for a visual material or service that has an established trade name, if the coded or special name would deceive consumers.Section 6.
(1)
Under Kentucky law only Doctors of Optometry, osteopaths and physicians are authorized to fit contact lenses. Ophthalmic dispensers may fit contact lenses in the presence of and under the supervision of a Doctor of Optometry, osteopath or physician.(2)
The signed spectacle prescription, or contact lens prescription shall be given to the patient at the completion of the examination and payment of fees.Section 7.
A Doctor of Optometry shall use the letters "OD" or "O.D." in any advertisement where a Doctor of Optometry uses letters to denote an optometry degree.WILLIAM REYNOLDS, O.D., President
APPROVED BY AGENCY: October 10, 2022
FILED WITH LRC: October 12, 2022 at 2:25 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, December, 21st 2022 at 2:00 p.m. at 2365 Harrodsburg Road, Suite A240, Lexington, Kentucky 40504. Individuals interested in being heard at this hearing shall notify this agency of their intent to attend in writing five workdays prior to the hearing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. 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 until 11:59 p.m. on December 31, 2022. 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: Carson Kerr, Executive Director, Board of Optometric Examiners, 2365 Harrodsburg Road, Suite A240, Lexington, Kentucky 40504, phone (859) 246-2744, fax (859) 246-2746, email Carson.Kerr@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Carson Kerr
(1) Provide a brief summary of:
(a) What this administrative regulation does:
The regulation establishes standards for the appropriate advertising of Optometry Services in Kentucky as authorized by existing statutory law.
(b) The necessity of this administrative regulation:
KRS 320.240 and KRS 320.295 require the Board to promulgate administrative regulations to establish standards for the appropriate advertising of Optometry in Kentucky.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation establishes the standards for the appropriate advertising of Optometry Services in Kentucky in conjunction with statutory authority and standards contained in KRS 320.240 and KRS 320.295, and is narrowly tailored to this purpose.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation establishes standards for the appropriate advertisement of Optometry Services in Kentucky as authorized by existing statutory law.
(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 is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
The regulation establishes standards for the appropriate advertisement of Optometry Services in Kentucky as authorized by existing statutory law.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Licensed Kentucky Optometrists totaling approximately 1,000 will be affected as will the Agency itself as it enforces these provisions.
(4) Provide an analysis of how the entities identified in question (3) 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 (3) will have to take to comply with this administrative regulation or amendment:
Licensed Kentucky Optometrists will be affected by this administrative regulation, as will the agency as it seeks to enforce these provisions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no direct cost associated with these provisions as they simply establish the standards for appropriate advertisement of Optometry Services and not the procedure for adjudication and resolution of violations of such regulations.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The agency will have more direct means of monitoring professional practice for advertising violations. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This will not cost the agency nor stakeholders any money to implement.
(b) On a continuing basis:
This will not cost the agency nor stakeholders any money to implement.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency Restricted Funds from Licensing Fees. The agency receives no unrestricted state or federal funds.
(7) 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:
No, that will not be necessary. (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No, it does not.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No, it does not.
(9) TIERING: Is tiering applied?
No. This administrative regulation treats all impacted entities the same.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Board of Optometric Examiners.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 320.240
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No revenue will be generated, unless fines are levied as a result of agency adjudication.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No revenue will be generated, unless fines are levied as a result of agency adjudication.
(c) How much will it cost to administer this program for the first year?
No costs to administer the first year directly.
(d) How much will it cost to administer this program for subsequent years?
No costs to administer directly.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
There will be no effect on the regulated entities as it will not require a wholesale replacement of existing signage and advertising.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
There is no anticipated cost savings or cost increase for the regulated entities as these rules have generally been effect for years previously because the administrative regulation expired and this filing is substantially similar.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There is no anticipated cost savings or cost increase for the regulated entities as these rules have generally been effect for years previously because the administrative regulation expired.
(c) How much will it cost the regulated entities for the first year?
There are no explicit new costs nor any indirect costs associated with this filing.
(d) How much will it cost the regulated entities for subsequent years?
There are no explicit new costs nor any indirect costs associated with this filing.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
This filing reinitiates the KBOE’s Advertising Regulation which had previously been effect largely in this form. As such, there is no anticipated change in costs to regulated entities, who are optometrists and therefore no applicable dollar estimates to provide.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] No, that definition does not apply here for the reasons given above.
BOARD OF OPTOMETRIC EXAMINERS
(New Administrative Regulation)
201 KAR 5:038.Advertising.
Section 1.
(1)
An advertisement shall state if additional charges may be incurred in an eye examination for related services in individual cases.(2)
An advertisement of price for visual aid glasses, including contact lenses or other optical goods, alone shall clearly state: "does not include eye examination".(3)
Any Doctor of Optometry who has been subjected to any disciplinary measures for advertising violations may be required by the board to secure prepublication approval of all advertisements by the board for any period of time which the board deems appropriate.Section 2.
When advertising an eye examination, such examination shall follow the standards of care and established clinical practice guidelines adopted by the American Optometric Association at the time of the provision of care.Section 3.
(1)
The advertisement of eye glass lenses shall include: single vision or specified type of multifocal lenses.(2)
Advertisement of contact lenses shall include:(a)
Description of type of lens; for example, "soft, tinted, extended wear toric";(b)
Whether or not professional fees are included in the advertised price.(3)
If dispensing fees are not included in the advertisement of visual aid glasses, the advertisement shall so state.(4)
The advertisement of optometric services rendered in Kentucky shall include whether the services will be performed by a licensed Doctor of Optometry:(a)
In-Person;(b)
Via live or real-time audio and video synchronous telehealth technology; or(c)
Via asynchronous store-and-forward telehealth technology.Section 4.
(1)
Except as provided in subsection (2) of this section, a person, individually or while employed or connected with a corporation or association, shall not advertise the fitting of contact lenses unless they are a Doctor of Optometry, physician or osteopath.(2)
An ophthalmic dispenser may advertise that they dispense contact lenses, if the patient presents a valid prescription from a Doctor of Optometry, physician or osteopath.Section 5.
(1)
Advertising shall be prohibited if it represents a Doctor of Optometry as a specialist in an optometric specialty if they have not:(a)
Been certified by a certifying board which has been approved by the Kentucky Board of Optometric Examiners and recognized by the Federal Government; and(b)
Furnished proof of their certification to the Kentucky Board of Optometric Examiners;(2)
Uses a coded or special name for a visual material or service that has an established trade name, if the coded or special name would deceive consumers.Section 6.
(1)
Under Kentucky law only Doctors of Optometry, osteopaths and physicians are authorized to fit contact lenses. Ophthalmic dispensers may fit contact lenses in the presence of and under the supervision of a Doctor of Optometry, osteopath or physician.(2)
The signed spectacle prescription, or contact lens prescription shall be given to the patient at the completion of the examination and payment of fees.Section 7.
A Doctor of Optometry shall use the letters "OD" or "O.D." in any advertisement where a Doctor of Optometry uses letters to denote an optometry degree.WILLIAM REYNOLDS, O.D., President
APPROVED BY AGENCY: October 10, 2022
FILED WITH LRC: October 12, 2022 at 2:25 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Wednesday, December, 21st 2022 at 2:00 p.m. at 2365 Harrodsburg Road, Suite A240, Lexington, Kentucky 40504. Individuals interested in being heard at this hearing shall notify this agency of their intent to attend in writing five workdays prior to the hearing. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. 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 until 11:59 p.m. on December 31, 2022. 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: Carson Kerr, Executive Director, Board of Optometric Examiners, 2365 Harrodsburg Road, Suite A240, Lexington, Kentucky 40504, phone (859) 246-2744, fax (859) 246-2746, email Carson.Kerr@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Carson Kerr
(1) Provide a brief summary of:
(a) What this administrative regulation does:
The regulation establishes standards for the appropriate advertising of Optometry Services in Kentucky as authorized by existing statutory law.
(b) The necessity of this administrative regulation:
KRS 320.240 and KRS 320.295 require the Board to promulgate administrative regulations to establish standards for the appropriate advertising of Optometry in Kentucky.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation establishes the standards for the appropriate advertising of Optometry Services in Kentucky in conjunction with statutory authority and standards contained in KRS 320.240 and KRS 320.295, and is narrowly tailored to this purpose.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation establishes standards for the appropriate advertisement of Optometry Services in Kentucky as authorized by existing statutory law.
(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 is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
The regulation establishes standards for the appropriate advertisement of Optometry Services in Kentucky as authorized by existing statutory law.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Licensed Kentucky Optometrists totaling approximately 1,000 will be affected as will the Agency itself as it enforces these provisions.
(4) Provide an analysis of how the entities identified in question (3) 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 (3) will have to take to comply with this administrative regulation or amendment:
Licensed Kentucky Optometrists will be affected by this administrative regulation, as will the agency as it seeks to enforce these provisions.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no direct cost associated with these provisions as they simply establish the standards for appropriate advertisement of Optometry Services and not the procedure for adjudication and resolution of violations of such regulations.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The agency will have more direct means of monitoring professional practice for advertising violations. (5) Provide an estimate of how much it will cost to implement this administrative regulation:
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This will not cost the agency nor stakeholders any money to implement.
(b) On a continuing basis:
This will not cost the agency nor stakeholders any money to implement.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
Agency Restricted Funds from Licensing Fees. The agency receives no unrestricted state or federal funds.
(7) 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:
No, that will not be necessary. (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: No, it does not.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No, it does not.
(9) TIERING: Is tiering applied?
No. This administrative regulation treats all impacted entities the same.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Board of Optometric Examiners.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 320.240
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No revenue will be generated, unless fines are levied as a result of agency adjudication.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No revenue will be generated, unless fines are levied as a result of agency adjudication.
(c) How much will it cost to administer this program for the first year?
No costs to administer the first year directly.
(d) How much will it cost to administer this program for subsequent years?
No costs to administer directly.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
There will be no effect on the regulated entities as it will not require a wholesale replacement of existing signage and advertising.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
There is no anticipated cost savings or cost increase for the regulated entities as these rules have generally been effect for years previously because the administrative regulation expired and this filing is substantially similar.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
There is no anticipated cost savings or cost increase for the regulated entities as these rules have generally been effect for years previously because the administrative regulation expired.
(c) How much will it cost the regulated entities for the first year?
There are no explicit new costs nor any indirect costs associated with this filing.
(d) How much will it cost the regulated entities for subsequent years?
There are no explicit new costs nor any indirect costs associated with this filing.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
This filing reinitiates the KBOE’s Advertising Regulation which had previously been effect largely in this form. As such, there is no anticipated change in costs to regulated entities, who are optometrists and therefore no applicable dollar estimates to provide.
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] No, that definition does not apply here for the reasons given above.