Title 201 | Chapter 013 | Regulation 071REG
PROPOSED
This document is not yet current.
BOARDS AND COMMISSIONS
KENTUCKY BOARD OF OPHTHALMIC DISPENSERS
(New Administrative Regulation)
201 KAR 13:071.Repeal of 201 KAR 13:070.
Section 1.
201 KAR 13:070, License Revocation, is hereby repealed.CURT DUFF, Board Chair
APPROVED BY AGENCY: February 11, 2026
FILED WITH LRC: February 12, 2026 at 1:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Tuesday, April 21, 2026, at 2:00 PM, Eastern Time, at the Mayo-Underwood Building, Room 127CW, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) 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 April 30, 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 by using the PPC public comment portal at the address listed below.
CONTACT PERSON: Sara Boswell Janes, Title: Staff Attorney III, Agency: Department of Professional Licensing, Office of Legal Services, Address: 500 Mero Street, 2 NC WK#2, Phone Number: (502) 782-2709 (office), Fax: (502) 564-4818, Email: Sara.Janes@ky.gov Link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Boswell Janes
Subject Headings:
Ophthalmic Dispensing, Occupations and Professions, Licensing
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation repeals 201 KAR 13:070.
(b) The necessity of this administrative regulation:
The existing administrative regulation appears to .conflict with KRS 326.100 which requires a hearing for license revocation, and KRS 326.080 which requires payment of the fee for license renewal. Additionally, 201 KAR 13:040. Section 4.(5) establishes license expiration upon failure to timely renew so 201 KAR 13:070 is unnecessary
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 326.020(3) gives the board the authority to promulgate regulations.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The repeal of this administrative regulation will eliminate the conflict with statutory authority.
(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:
No entities will be affected by this repealer since licenses expire for failure to timely renew with payment of the fee and there are no licenses revoked for this reason.
(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:
No entities will be affected by this repealer.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no cost to repeal this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
There is no financial benefit to repeal this administrative regulation; however, the entities will benefit from the repeal of conflicting regulatory procedures upon failure to pay the required renewal fees.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs will be incurred by the repeal of this administrative regulation.
(b) On a continuing basis:
None.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The board’s operations are funded by fees paid by credential holders and applicants. However, there is no funding used to implement and enforce the repeal of this administrative regulation.
(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 is no anticipated increase in fees or funding necessary to repeal this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The repeal of this administrative regulation does not directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
No tiering is applied because this amendment repeals an earlier regulation that equally applied to all regulated entities.
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 326.020, 326.040, 326.100.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
KRS 326.020(3) gives the board the authority to promulgate regulations regarding the requirements for licensure.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Ophthalmic Dispensers is the promulgating agency and the only affected state unit, part, or division. (b) Estimate the following for each affected state, unit, part, or division identified in (3)(a):
(b) Estimate the following for each affected state unit, part, or division identified in (3)(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
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None anticipated.
(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):
There are no other regulated entities not otherwise listed. (b) Estimate the following for each affected local entity identified in (4)(a):
(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:
This administrative regulation will not generate revenue or have a fiscal impact on for state or local government.
(b) Methodology and resources used to reach this conclusion:
The board requested its fiscal administrator provide a budget analysis to determine if this administrative regulation will generate revenue for the Board and it determined it will not.
(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 administrative regulation will not have an overall negative or adverse major economic impact.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
BOARDS AND COMMISSIONS
KENTUCKY BOARD OF OPHTHALMIC DISPENSERS
(New Administrative Regulation)
201 KAR 13:071.Repeal of 201 KAR 13:070.
Section 1.
201 KAR 13:070, License Revocation, is hereby repealed.CURT DUFF, Board Chair
APPROVED BY AGENCY: February 11, 2026
FILED WITH LRC: February 12, 2026 at 1:00 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on Tuesday, April 21, 2026, at 2:00 PM, Eastern Time, at the Mayo-Underwood Building, Room 127CW, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) 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 April 30, 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 by using the PPC public comment portal at the address listed below.
CONTACT PERSON: Sara Boswell Janes, Title: Staff Attorney III, Agency: Department of Professional Licensing, Office of Legal Services, Address: 500 Mero Street, 2 NC WK#2, Phone Number: (502) 782-2709 (office), Fax: (502) 564-4818, Email: Sara.Janes@ky.gov Link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Boswell Janes
Subject Headings:
Ophthalmic Dispensing, Occupations and Professions, Licensing
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation repeals 201 KAR 13:070.
(b) The necessity of this administrative regulation:
The existing administrative regulation appears to .conflict with KRS 326.100 which requires a hearing for license revocation, and KRS 326.080 which requires payment of the fee for license renewal. Additionally, 201 KAR 13:040. Section 4.(5) establishes license expiration upon failure to timely renew so 201 KAR 13:070 is unnecessary
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 326.020(3) gives the board the authority to promulgate regulations.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The repeal of this administrative regulation will eliminate the conflict with statutory authority.
(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:
No entities will be affected by this repealer since licenses expire for failure to timely renew with payment of the fee and there are no licenses revoked for this reason.
(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:
No entities will be affected by this repealer.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
There is no cost to repeal this administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
There is no financial benefit to repeal this administrative regulation; however, the entities will benefit from the repeal of conflicting regulatory procedures upon failure to pay the required renewal fees.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs will be incurred by the repeal of this administrative regulation.
(b) On a continuing basis:
None.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The board’s operations are funded by fees paid by credential holders and applicants. However, there is no funding used to implement and enforce the repeal of this administrative regulation.
(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 is no anticipated increase in fees or funding necessary to repeal this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
The repeal of this administrative regulation does not directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
No tiering is applied because this amendment repeals an earlier regulation that equally applied to all regulated entities.
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 326.020, 326.040, 326.100.
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
KRS 326.020(3) gives the board the authority to promulgate regulations regarding the requirements for licensure.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Board of Ophthalmic Dispensers is the promulgating agency and the only affected state unit, part, or division. (b) Estimate the following for each affected state, unit, part, or division identified in (3)(a):
(b) Estimate the following for each affected state unit, part, or division identified in (3)(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
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None anticipated.
(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):
There are no other regulated entities not otherwise listed. (b) Estimate the following for each affected local entity identified in (4)(a):
(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:
This administrative regulation will not generate revenue or have a fiscal impact on for state or local government.
(b) Methodology and resources used to reach this conclusion:
The board requested its fiscal administrator provide a budget analysis to determine if this administrative regulation will generate revenue for the Board and it determined it will not.
(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 administrative regulation will not have an overall negative or adverse major economic impact.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.