Title 201 | Chapter 005 | Regulation 105


WITHDRAWN
This document is no longer current.
BOARD OF OPTOMETRIC EXAMINERS
(New Administrative Regulation)

201 KAR 5:105.Expungement.

Section 1.

Definitions.

(1)

"Expungement" means that:

(a)

The affected records shall be sealed;

(b)

The proceedings to which they refer shall be deemed not to have occurred; and

(c)

The affected party may properly represent that no record exists regarding the matter expunged.

(2)

"Minor Violations" means:

(a)

Failure to timely renew a license;

(b)

Failure to timely obtain continuing education; and shall not include

(c)

Any violations of the laws surrounding the advertisement of optometric services by Doctors of Optometry.

Section 2.

Eligibility and Expungement Procedure.

(1)

The Licensed Doctor of Optometry shall not have been the subject of a subsequent violation of the same nature for a period of three (3) years after the date of completion of disciplinary sanctions imposed for the violation sought to be expunged; and

(2)

They shall submit a written request to the board. The board shall consider each request and shall, if the requirements established in KRS 320.310(3) and this administrative regulation are satisfied, expunge the record of the subject disciplinary order.

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: 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 the definitions for expungable licensing violations and the process for expungement.
(b) The necessity of this administrative regulation:
KRS 320.310(3) requires the Board to promulgate administrative regulations on the expungement of licensing law violations and the process.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation establishes the definitions for expungable licensing violations, those that are not, and the process for expungement, 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 the definitions for expungable licensing violations and the process for expungement.
(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:
(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.
(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:
Only those Licensed Kentucky Optometrists seeking expungement of Licensing Law Violations will be affected, and the Agency itself.
(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 cost associated with the expungement process because there is no fee.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The Licensed Kentucky Optometrist will have minor violations expunged from their license file.
(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 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 320.310.
(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.
(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.
(c) How much will it cost to administer this program for the first year?
No costs to administer the first year.
(d) How much will it cost to administer this program for subsequent years?
No costs to administer in subsequent years.
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 introduces no new fees and petitioning the Board for expungement is a free process.
(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 Expungement Regulation which had previously been effect largely in this form with a few minor revisions. 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.

7-Year Expiration: 10/17/2029

Last Updated: 11/23/2022


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