Title 601 | Chapter 012 | Regulation 120E
601 KAR 12:120REG
A proposed version of this document exists.
STATEMENT OF EMERGENCY
601 KAR 12:120E
This new emergency regulation is being promulgated to implement the 2021 Regular Session House Bill 439 amendments to KRS 186.577 requiring the Kentucky State Police to continue to submit persons applying for an initial operator’s license, or an initial instruction permit, to a test of visual acuity and visual field at the time of application but now authorizing medical professionals to conduct the examinations prior to application when requested. It also implements the requirement that the Division of Driver Licensing submit persons applying for a renewal operator’s license, a renewal instruction permit, or reinstatement to a test of visual acuity and visual field at time of application or by a medical professional prior to application. The regulation implements the requirement that persons whose visual acuity is 20/60 or better in one eye and who meet or exceed the visual field standard with corrective lenses shall have their driving privileges restricted to mandate the use of the corrective lenses. It also implements the KRS 186.577 requirement that the Transportation Cabinet establish visual field standards, create a driver vision testing form, and establish a credentialing process for osteopaths, physicians, and advanced practice registered nurses to conduct vision testing under the section.
House Bill 439 was enacted on March 15, 2021, signed by Governor Andy Beshear on March 25, 2021, and was to become effective on July 1, 2024, but in 2024 the General Assembly moved the effective date of the amendments to January 1, 2025 in Senate Bill 91 (R.S. 2024). House Bill 439 (R.S. 2021) amended KRS 186.577 to require vision testing for operator’s license renewal; allow vision testing to be performed at the time of application; allow an applicant to submit a form attesting that they have submitted to a vision test less than twelve months from the application date; require that any vision testing form submitted shall be signed by an ophthalmologist, optometrist, or a KYTC credentialed osteopath, physician, or advanced practice registered nurse; direct the Transportation Cabinet to promulgate administrative regulations; allow the Transportation Cabinet to assess a fee for administering on-site vision testing; require that any funds received from the fee assessed by the cabinet for vision testing, be deposited into the photo license account; and amend KRS 186.480 and KRS 174.056 to conform. Section 53 of Senate Bill 91 (R.S. 2024) requires that no one applying for renewal be required to submit to driver vision testing prior to January 1, 2025.
This new emergency regulation is required to meet the impending deadline for implementing the amendments and necessitated by the continuous ongoing discussions with stakeholders including medical providers whose daily profession activities will be impacted by the new vision examination requirements. This new emergency administrative regulation will be replaced by an ordinary administrative regulation that is being filed simultaneously. The ordinary administrative regulation is identical to this new emergency administrative regulation.
ANDY BESHEAR, Governor
JIM GRAY, Secretary
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Driver Licensing
(New Emergency Administrative Regulation)
601 KAR 12:120E.Testing applicants for initial or renewal instruction permit, initial or renewal operator's license, or reinstatement.
Section 1.
Definitions.(1)
"Corrective lens" means an ophthalmic lens, whether an eyeglass, contact lens, or single lens system, that corrects the refraction error or other optically correctable deficiency of the eye.(2)
"Credentialed medical specialist" means an osteopath, physician, or advanced practice registered nurse who is credentialed by the cabinet to perform vision testing under this administrative regulation.(3)
"Field of vision" means the entire horizontal and vertical planes a person has for each eye without shifting the gaze.(4)
"Licensing action" means any action by the Transportation Cabinet involving the denial, cancellation, restriction, or issuance of a motor vehicle operator's license pursuant to KRS Chapter 186.(5)
"Medical Review Board" means the Medical Review Board established pursuant to KRS 186.444 and 186.570(1)(c).(6)
"Visual field" is defined by KRS 186.576(13).(7)
"Vision specialist" means a person licensed to practice optometry as established in KRS Chapter 320 or its out-of-state equivalent, or an ophthalmologist who is a medical or osteopathic physician specializing in eye and vision care and licensed pursuant to KRS Chapter 311 or its out-of-state equivalent.(8)
"Vision testing" means the initial vision screening for visual acuity and visual field conducted by the Kentucky State Police, a credentialed medical specialist, or a vision specialist to test persons applying for an initial operator's license or an initial instruction permit, or the vision screening conducted by the Division of Driver Licensing, a credentialed medical specialist, or a vision specialist to test persons applying for a renewal operator's license, a renewal instruction permit, or reinstatement. It also means the further examination vision testing for visual acuity and visual field conducted by a vision specialist after a failed initial vision screening.(9)
"Visual field standards" means the driver's horizontal field of vision shall be at least thirty (30) degrees to both the left and the right without interruption and their vertical field of vision shall be at least twenty-five (25) degrees above and below fixation without interruption.Section 2.
Procedures for Testing Applicants for Initial or Renewal Instruction Permit, Initial or Renewal License, or Reinstatement.(1)
The following persons shall submit to a test of visual acuity and visual field at the time of application or renewal:(a)
All persons applying for an initial or renewal operator's license;(b)
All persons applying for an initial or renewal instruction permit; and(c)
Any person required to complete an examination under KRS 186.635.(2)
Vision testing under this section shall be administered to any person:(a)
Applying for an initial operator's license, an initial instruction permit, or reinstatement of a license when vision shall be tested as required in KRS 186.480:1.
Prior to the time of application under subsection (5) of this section; or2.
By Kentucky State Police at the time of application;(b)
Applying for operator's license renewal or instruction permit renewal:1.
Prior to the time of application under subsection (5) of this section; or2.
By the Transportation Cabinet at the time of application; or Identified in Kentucky administrative regulations promulgated by the(c)
Transportation Cabinet as being required to undergo the exam required by KRS 186.480.(3)
Visual acuity and visual field.(a)
Persons whose visual acuity is 20/40 or better in one (1) eye and who meet or exceed the visual field standard established by the Transportation Cabinet without corrective lenses shall not have a restriction placed on their driving privileges.(b)
Persons whose visual acuity is 20/40 or better in one (1) eye and who meet or exceed the visual field standard established by the Transportation Cabinet with corrective lenses shall have their driving privileges restricted to mandate the use of the corrective lenses.(c)
Persons with a horizontal visual field in the person's better eye of at least thirty (30) degrees to the left and right side of fixation without interruption and a vertical visual field in the person's better eye of at least twenty-five (25) degrees above and below fixation without interruption shall be eligible to test for an instruction permit or operator's license or shall be eligible for an instruction permit or operator's license renewal or reinstatement.(d)
If a person fails to meet a 20/40 visual acuity standard or the visual field standard established by this administrative regulation in an initial screening by the Kentucky State Police, the Division of Driver Licensing, or a credentialed medical specialist, the person shall be referred to a vision specialist for further examination. If a vision specialist performs the initial screening and the person does not meet the visual standards, the vision specialist may conduct any further examination necessary to complete the TC 94-202, Driver Vision Testing Certification.(e)
Any further examination visual field test conducted by a vision specialist after a failed initial vision screening under this administrative regulation shall test the entire field of vision for interruption.(4)
A person referred to a vision specialist under subsection (3) of this section whose visual acuity is 20/60 or better in one eye and who meets or exceeds the visual field standard established by this administrative regulation shall be eligible to test for an instruction permit or operator's license or shall be eligible for operator's license renewal or reinstatement. If corrective lenses were prescribed by a vision specialist, the person's driving privileges shall be restricted to mandate the use of the corrective lenses.(5)
Vision tests administered under subsection (2)(a) of this section shall be deemed to meet the testing provisions outlined in subsection (3) or (4) of this section, if the person submits a TC 94-202, Driver Vision Testing Certification, and the form has been completed by:(a)
A vision specialist; or(b)
An osteopath, physician, or advanced practice registered nurse who is credentialed by the department to perform vision testing pursuant to KRS 186.577 and this administrative regulation.(6)
All driver vision testing forms completed under subsection (5) of this section shall:(a)
Attest that the applicant meets or exceeds the visual acuity standard and visual field standard established by KRS 186.577 and the department in this administrative regulation;(b)
Only be valid if the vision specialist or the credentialed osteopath, credentialed physician, or credentialed advanced practice registered nurse signed and completed the TC 94-202, Driver Vision Testing Certification, vision testing form less than twelve (12) months prior to the date of application or renewal;(c)
State whether the driving privileges of the applicant shall be restricted to mandate the use of corrective lenses;(d)
Clearly indicate that the vision testing under this section is a screening for minimum vision standards established in this section and is not a complete eye examination;(e)
After any examination requested pursuant to KRS 186.577 and this administrative regulation, the examining vision specialist or credentialed medical specialist shall complete and report the findings of an examination on the TC 94-202, Driver Vision Testing Certification, and shall submit it directly to the department if the person's visual acuity or visual field do not meet the standards in this administrative regulation; and(f)
If the department learns that a person applying for an initial or renewal instruction permit, initial or renewal license, or reinstatement, could have a medical condition that might affect safe driving, the department may, pursuant to 601 KAR 13:090, 601 KAR 13:100, and this administrative regulation require the person to provide the Medical Review Board with information about the person's medical condition and may thereafter take an appropriate licensing action.(7)
Any person seeking application or permit under subsection (1) of this section shall attest that he or she has submitted to and passed the visual acuity and visual field tests required under KRS 186.577 and this administrative regulation.(8)
Any person renewing an operator's license under KRS 186.416 shall be exempt from the vision testing requirements outlined in this administrative regulation.(9)
Persons who meet the requirements of KRS 186.578 and are issued operator's licenses under KRS 186.579 shall:(a)
Have their driving privileges restricted to the use of a bioptic telescopic device; and(b)
Be otherwise exempt from this section.(10)
Pursuant to KRS 186.480, the provisions of KRS 186.577 and of this administrative regulation shall not apply to an applicant who:(a)
At the time of application, holds a valid operator's license from another state, provided that state affords a reciprocal exemption to a Kentucky resident;(b)
At the time of application for a motorcycle instruction permit or motorcycle operator's license, presents evidence of successful completion of an approved rider training course under KRS 176.5062; or(c)
Is a citizen of the Commonwealth who has been serving in the United States military and has allowed his or her operator's license to expire.(11)
A credentialed medical specialist or a vision specialist shall complete the TC 94-202, Driver Vision Testing Certification, after any examination requested pursuant to KRS 186.577 and this administrative regulation and shall submit a copy of the certification of any examination failures to the Division of Driver Licensing. Unless the Division of Driver Licensing or the Kentucky State Police is conducting the initial screening at the time of application, the Kentucky State Police or the department shall require a person to submit a completed original copy of this form for that person to be eligible for an initial operator's license, an initial instruction permit, license renewal, permit renewal, or reinstatement.Section 3.
Appeal of a Denial of Initial Instruction Permit, Operator's License, Renewal, or Reinstatement for Vision Standards.(1)
After any further examination by a vision specialist requested pursuant to KRS 186.577 and this administrative regulation, an applicant who is deemed ineligible for an initial instruction permit, operator's license, renewal, or reinstatement because their visual acuity or visual field do not meet the applicable standards may appeal their denial to the Division of Driver Licensing, Medical Review Board.(2)
An applicant may file an appeal by submitting a copy of the TC 94-202, Driver Vision Testing Certification, certified by a vision specialist to the Medical Review Board within twenty (20) days of the date the further examination was completed.Section 4.
Credentialing of a Medical Specialist.(1)
A licensed osteopath, physician, or advanced practice registered nurse shall become credentialed by the Department of Vehicle Regulation before they may perform the initial vision testing required under KRS 186.577 and this administrative regulation. To become credentialed, the medical professional shall submit to the department a completed TC 94-203, Medical Specialist Credentialing Certification.(2)
The applicant medical specialist shall thereafter receive an approved copy of the TC 94-203, Medical Specialist Credentialing Certification, from the Division of Driver Licensing credentialing them to perform the initial vision screening required under KRS 186.577 and this administrative regulation prior to completing any driver vision examination, and prior to completing a TC 94-202, Driver Vision Testing Certification.(3)
The credentialed medical professional shall include their Medical Specialist Credential certification number on any completed TC 94-202, Driver Vision Testing Certification.Section 5.
Incorporated by Reference.(1)
The following material is incorporated by reference:(a)
"TC 94-202, Driver Vision Testing Certification," November 2024.(b)
"TC 94-203, Medical Specialist Credentialing Certification," November 2024.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Driver Licensing, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on the Transportation Cabinet's website at https://transportation.ky.gov/Organizational-Resources/Pages/Forms-Library-(TC-94).aspx.JIM GRAY, Secretary
MATTHEW COLE, Commissioner
JESSE ROWE, Staff Attorney Manager/Assistant General Counsel
APPROVED BY AGENCY: December 5, 2024
FILED WITH LRC: December 6, 2024 at 11:25 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 21, 2025, at 10:00 AM EST, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, 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 January 31, 2025. 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: Jesse Rowe, Staff Attorney Manager/Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, (502) 564-7650, fax (502) 564-5238, jessew.rowe@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jesse Rowe
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation implements the KRS 186.577 requirement that the Kentucky State Police continue to require persons applying for an initial operator’s license, or an initial instruction permit, to submit to a test of visual acuity and visual field at the time of application but now authorizing medical professionals to conduct the examinations prior to application when requested. It also implements the requirement that the Division of Driver Licensing require persons applying for a renewal operator’s license, a renewal instruction permit, or reinstatement to submit to a test of visual acuity and visual field at time of application. The regulation also requires persons whose visual acuity is 20/60 or better in one (1) eye and who meet or exceed the visual field standard with corrective lenses shall have their driving privileges restricted to mandate the use of the corrective lenses. It also implements the KRS 186.577 requirement that the Transportation Cabinet establish visual field standards, create a driver vision testing form, and establish a credentialing process for osteopaths, physicians, and advanced practice registered nurses to conduct vision testing under the section.
(b) The necessity of this administrative regulation:
This regulation is required by KRS 186.577(10).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation establishes the minimum standards required to achieve the intent of KRS 186.577.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes forms required by KRS 186.577 to report vision examinations for driver licensing applicants performed outside of the agencies and for credentialing of medical specialists who are not vision specialists to be among those who can perform the examinations.
(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) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation would affect the residents of Kentucky who may apply for a driver license. The Department of Vehicle Regulation reports approximately 3.5M active licensed drivers in Kentucky on a given day. It will control how the Department of Vehicle Regulation applies the vision standards required by KRS 186.577 and the regulation to applicants for a renewal, or reinstatement of an instruction permit or operator’s license. This regulation also affects the Kentucky State Police and controls how it applies the vision standards required by KRS 186.577 and the regulation to applicants for an initial permit or license. This regulation also controls how vision specialists and credentialed medical specialists may conduct and report vision examinations requested pursuant to the regulation and KRS 186.577 and establishes a process for osteopaths, physicians, and advanced practice registered nurses to become credentialed medical specialists and to conduct vision testing under the regulation and statute.
(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:
The Department of Vehicle Regulation and the Kentucky State Police will be required to comply with the applicable vision standards in this regulation and KRS 186.577 in the issuance and denial of initial permits and licenses and their renewal and reinstatement. The Department of Vehicle Regulation, the Kentucky State Police, vision specialists, and credentialed medical specialists may conduct driver vision testing and vision specialists and credentialed medical specialists must report the examinations on the form required by the regulation. Residents of Kentucky who may apply for a driver instruction permit or license, renewal or reinstatement will be required to comply with this regulation and KRS 186.577 and submit to a test of visual acuity and visual field at or before application.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The Department of Vehicle Regulation and the Kentucky State Police will offer the required vision screening without additional expense to applicants for a permit, license, renewal, or reinstatement. Vision specialists and credentialed medical specialists will charge market rates for the same service. The Department of Vehicle Regulation has acquired 100 or more automatic visual acuity and visual field machines to conduct the examinations and has increased staff in the Frankfort central office and in the regional driver licensing offices. The Kentucky State Police already owns and maintains the same machines for the vision examinations previously required for initial permits or licenses by KRS 186.577 prior to the amendments requiring testing for renewals and reinstatements.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The Department of Vehicle Regulation and the Kentucky State Police will hereafter work together to ensure compliance with minimum vision standards for drivers throughout the years they may be licensed, improving roadway safety for the traveling public.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The Kentucky Transportation Cabinet incurred initial equipment costs of approximately $100,000.
(b) On a continuing basis:
Implementing this administrative regulation will have ongoing equipment and personnel costs for the Kentucky Transportation Cabinet across each of the regional driver licensing offices and central office associated with compliance with KRS 186.577, totaling $250,000 in recuring annual mostly personnel costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The source of the funding to be used for the implementation and enforcement of this administrative regulation is the general budget of the Kentucky Transportation Cabinet, Department of Vehicle Regulation.
(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 new fees or funding is likely required to implement this regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
KRS 186.577(11) authorizes the assessment of a fee to an applicant to cover the administrative costs of performing on-site vision testing. The Kentucky Transportation Cabinet has declined to assess such a fee. Applicants may choose to pay for driver vision testing conducted by vision specialists or credentialed medical specialists prior to application.
(9) TIERING: Is tiering applied?
No tiering is required under any law nor is it necessary for proper application of the law.
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 186.577.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Transportation Cabinet, Department of Vehicle Regulation, Division of Driver Licensing is the promulgating agency and it and the Kentucky State Police are affected.
(a) Estimate the following for the first year:
Expenditures:
$100,000 in initial equipment costs and $250,000 in additional personnel costs for the Kentucky Transportation Cabinet.
Revenues:
This administrative regulation is not expected to generate revenue.
Cost Savings:
This administrative regulation is not expected to generate cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The Kentucky Transportation Cabinet will expend approximately $250,000 in additional annual personnel and equipment costs to comply with KRS 186.577 and the administrative regulation. This administrative regulation is not expected to generate revenue and is not expected to generate cost savings.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation will not affect local entities.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation is not expected to generate additional expenditures for any local entities.
Revenues:
This administrative regulation is not expected to generate revenue.
Cost Savings:
This administrative regulation is not expected to generate cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Expenditures, revenues, and cost savings will not differ in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
None.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
They will not differ.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation should cause no effect on the expenditures and revenues of a state or local government agency other than the Kentucky Transportation Cabinet. The Department of Vehicle Regulation has incurred $100,000 in initial equipment costs to comply with KRS 186.577 and the additional personnel costs are based upon the estimated hours to accommodate the volume of driver vision testing and administration expected to occur in the department.
(b) Methodology and resources used to determine the fiscal impact:
The Department of Vehicle Regulation has already incurred the initial equipment expense, it evaluated the time necessary to conduct a vision examination, and used historical data to determine the expected volume of renewals and reinstatements requiring a vision examination processed in a given year.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
The administrative regulation will not have an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
The Department of Vehicle Regulation evaluated its own expected costs based upon actual equipment costs, task complexity and volume, and historical personnel costs. No other entity can have additional expenditures to comply with this administrative regulation.
STATEMENT OF EMERGENCY
601 KAR 12:120E
This new emergency regulation is being promulgated to implement the 2021 Regular Session House Bill 439 amendments to KRS 186.577 requiring the Kentucky State Police to continue to submit persons applying for an initial operator’s license, or an initial instruction permit, to a test of visual acuity and visual field at the time of application but now authorizing medical professionals to conduct the examinations prior to application when requested. It also implements the requirement that the Division of Driver Licensing submit persons applying for a renewal operator’s license, a renewal instruction permit, or reinstatement to a test of visual acuity and visual field at time of application or by a medical professional prior to application. The regulation implements the requirement that persons whose visual acuity is 20/60 or better in one eye and who meet or exceed the visual field standard with corrective lenses shall have their driving privileges restricted to mandate the use of the corrective lenses. It also implements the KRS 186.577 requirement that the Transportation Cabinet establish visual field standards, create a driver vision testing form, and establish a credentialing process for osteopaths, physicians, and advanced practice registered nurses to conduct vision testing under the section.
House Bill 439 was enacted on March 15, 2021, signed by Governor Andy Beshear on March 25, 2021, and was to become effective on July 1, 2024, but in 2024 the General Assembly moved the effective date of the amendments to January 1, 2025 in Senate Bill 91 (R.S. 2024). House Bill 439 (R.S. 2021) amended KRS 186.577 to require vision testing for operator’s license renewal; allow vision testing to be performed at the time of application; allow an applicant to submit a form attesting that they have submitted to a vision test less than twelve months from the application date; require that any vision testing form submitted shall be signed by an ophthalmologist, optometrist, or a KYTC credentialed osteopath, physician, or advanced practice registered nurse; direct the Transportation Cabinet to promulgate administrative regulations; allow the Transportation Cabinet to assess a fee for administering on-site vision testing; require that any funds received from the fee assessed by the cabinet for vision testing, be deposited into the photo license account; and amend KRS 186.480 and KRS 174.056 to conform. Section 53 of Senate Bill 91 (R.S. 2024) requires that no one applying for renewal be required to submit to driver vision testing prior to January 1, 2025.
This new emergency regulation is required to meet the impending deadline for implementing the amendments and necessitated by the continuous ongoing discussions with stakeholders including medical providers whose daily profession activities will be impacted by the new vision examination requirements. This new emergency administrative regulation will be replaced by an ordinary administrative regulation that is being filed simultaneously. The ordinary administrative regulation is identical to this new emergency administrative regulation.
ANDY BESHEAR, Governor
JIM GRAY, Secretary
TRANSPORTATION CABINET
Department of Vehicle Regulation
Division of Driver Licensing
(New Emergency Administrative Regulation)
601 KAR 12:120E.Testing applicants for initial or renewal instruction permit, initial or renewal operator's license, or reinstatement.
Section 1.
Definitions.(1)
"Corrective lens" means an ophthalmic lens, whether an eyeglass, contact lens, or single lens system, that corrects the refraction error or other optically correctable deficiency of the eye.(2)
"Credentialed medical specialist" means an osteopath, physician, or advanced practice registered nurse who is credentialed by the cabinet to perform vision testing under this administrative regulation.(3)
"Field of vision" means the entire horizontal and vertical planes a person has for each eye without shifting the gaze.(4)
"Licensing action" means any action by the Transportation Cabinet involving the denial, cancellation, restriction, or issuance of a motor vehicle operator's license pursuant to KRS Chapter 186.(5)
"Medical Review Board" means the Medical Review Board established pursuant to KRS 186.444 and 186.570(1)(c).(6)
"Visual field" is defined by KRS 186.576(13).(7)
"Vision specialist" means a person licensed to practice optometry as established in KRS Chapter 320 or its out-of-state equivalent, or an ophthalmologist who is a medical or osteopathic physician specializing in eye and vision care and licensed pursuant to KRS Chapter 311 or its out-of-state equivalent.(8)
"Vision testing" means the initial vision screening for visual acuity and visual field conducted by the Kentucky State Police, a credentialed medical specialist, or a vision specialist to test persons applying for an initial operator's license or an initial instruction permit, or the vision screening conducted by the Division of Driver Licensing, a credentialed medical specialist, or a vision specialist to test persons applying for a renewal operator's license, a renewal instruction permit, or reinstatement. It also means the further examination vision testing for visual acuity and visual field conducted by a vision specialist after a failed initial vision screening.(9)
"Visual field standards" means the driver's horizontal field of vision shall be at least thirty (30) degrees to both the left and the right without interruption and their vertical field of vision shall be at least twenty-five (25) degrees above and below fixation without interruption.Section 2.
Procedures for Testing Applicants for Initial or Renewal Instruction Permit, Initial or Renewal License, or Reinstatement.(1)
The following persons shall submit to a test of visual acuity and visual field at the time of application or renewal:(a)
All persons applying for an initial or renewal operator's license;(b)
All persons applying for an initial or renewal instruction permit; and(c)
Any person required to complete an examination under KRS 186.635.(2)
Vision testing under this section shall be administered to any person:(a)
Applying for an initial operator's license, an initial instruction permit, or reinstatement of a license when vision shall be tested as required in KRS 186.480:1.
Prior to the time of application under subsection (5) of this section; or2.
By Kentucky State Police at the time of application;(b)
Applying for operator's license renewal or instruction permit renewal:1.
Prior to the time of application under subsection (5) of this section; or2.
By the Transportation Cabinet at the time of application; or Identified in Kentucky administrative regulations promulgated by the(c)
Transportation Cabinet as being required to undergo the exam required by KRS 186.480.(3)
Visual acuity and visual field.(a)
Persons whose visual acuity is 20/40 or better in one (1) eye and who meet or exceed the visual field standard established by the Transportation Cabinet without corrective lenses shall not have a restriction placed on their driving privileges.(b)
Persons whose visual acuity is 20/40 or better in one (1) eye and who meet or exceed the visual field standard established by the Transportation Cabinet with corrective lenses shall have their driving privileges restricted to mandate the use of the corrective lenses.(c)
Persons with a horizontal visual field in the person's better eye of at least thirty (30) degrees to the left and right side of fixation without interruption and a vertical visual field in the person's better eye of at least twenty-five (25) degrees above and below fixation without interruption shall be eligible to test for an instruction permit or operator's license or shall be eligible for an instruction permit or operator's license renewal or reinstatement.(d)
If a person fails to meet a 20/40 visual acuity standard or the visual field standard established by this administrative regulation in an initial screening by the Kentucky State Police, the Division of Driver Licensing, or a credentialed medical specialist, the person shall be referred to a vision specialist for further examination. If a vision specialist performs the initial screening and the person does not meet the visual standards, the vision specialist may conduct any further examination necessary to complete the TC 94-202, Driver Vision Testing Certification.(e)
Any further examination visual field test conducted by a vision specialist after a failed initial vision screening under this administrative regulation shall test the entire field of vision for interruption.(4)
A person referred to a vision specialist under subsection (3) of this section whose visual acuity is 20/60 or better in one eye and who meets or exceeds the visual field standard established by this administrative regulation shall be eligible to test for an instruction permit or operator's license or shall be eligible for operator's license renewal or reinstatement. If corrective lenses were prescribed by a vision specialist, the person's driving privileges shall be restricted to mandate the use of the corrective lenses.(5)
Vision tests administered under subsection (2)(a) of this section shall be deemed to meet the testing provisions outlined in subsection (3) or (4) of this section, if the person submits a TC 94-202, Driver Vision Testing Certification, and the form has been completed by:(a)
A vision specialist; or(b)
An osteopath, physician, or advanced practice registered nurse who is credentialed by the department to perform vision testing pursuant to KRS 186.577 and this administrative regulation.(6)
All driver vision testing forms completed under subsection (5) of this section shall:(a)
Attest that the applicant meets or exceeds the visual acuity standard and visual field standard established by KRS 186.577 and the department in this administrative regulation;(b)
Only be valid if the vision specialist or the credentialed osteopath, credentialed physician, or credentialed advanced practice registered nurse signed and completed the TC 94-202, Driver Vision Testing Certification, vision testing form less than twelve (12) months prior to the date of application or renewal;(c)
State whether the driving privileges of the applicant shall be restricted to mandate the use of corrective lenses;(d)
Clearly indicate that the vision testing under this section is a screening for minimum vision standards established in this section and is not a complete eye examination;(e)
After any examination requested pursuant to KRS 186.577 and this administrative regulation, the examining vision specialist or credentialed medical specialist shall complete and report the findings of an examination on the TC 94-202, Driver Vision Testing Certification, and shall submit it directly to the department if the person's visual acuity or visual field do not meet the standards in this administrative regulation; and(f)
If the department learns that a person applying for an initial or renewal instruction permit, initial or renewal license, or reinstatement, could have a medical condition that might affect safe driving, the department may, pursuant to 601 KAR 13:090, 601 KAR 13:100, and this administrative regulation require the person to provide the Medical Review Board with information about the person's medical condition and may thereafter take an appropriate licensing action.(7)
Any person seeking application or permit under subsection (1) of this section shall attest that he or she has submitted to and passed the visual acuity and visual field tests required under KRS 186.577 and this administrative regulation.(8)
Any person renewing an operator's license under KRS 186.416 shall be exempt from the vision testing requirements outlined in this administrative regulation.(9)
Persons who meet the requirements of KRS 186.578 and are issued operator's licenses under KRS 186.579 shall:(a)
Have their driving privileges restricted to the use of a bioptic telescopic device; and(b)
Be otherwise exempt from this section.(10)
Pursuant to KRS 186.480, the provisions of KRS 186.577 and of this administrative regulation shall not apply to an applicant who:(a)
At the time of application, holds a valid operator's license from another state, provided that state affords a reciprocal exemption to a Kentucky resident;(b)
At the time of application for a motorcycle instruction permit or motorcycle operator's license, presents evidence of successful completion of an approved rider training course under KRS 176.5062; or(c)
Is a citizen of the Commonwealth who has been serving in the United States military and has allowed his or her operator's license to expire.(11)
A credentialed medical specialist or a vision specialist shall complete the TC 94-202, Driver Vision Testing Certification, after any examination requested pursuant to KRS 186.577 and this administrative regulation and shall submit a copy of the certification of any examination failures to the Division of Driver Licensing. Unless the Division of Driver Licensing or the Kentucky State Police is conducting the initial screening at the time of application, the Kentucky State Police or the department shall require a person to submit a completed original copy of this form for that person to be eligible for an initial operator's license, an initial instruction permit, license renewal, permit renewal, or reinstatement.Section 3.
Appeal of a Denial of Initial Instruction Permit, Operator's License, Renewal, or Reinstatement for Vision Standards.(1)
After any further examination by a vision specialist requested pursuant to KRS 186.577 and this administrative regulation, an applicant who is deemed ineligible for an initial instruction permit, operator's license, renewal, or reinstatement because their visual acuity or visual field do not meet the applicable standards may appeal their denial to the Division of Driver Licensing, Medical Review Board.(2)
An applicant may file an appeal by submitting a copy of the TC 94-202, Driver Vision Testing Certification, certified by a vision specialist to the Medical Review Board within twenty (20) days of the date the further examination was completed.Section 4.
Credentialing of a Medical Specialist.(1)
A licensed osteopath, physician, or advanced practice registered nurse shall become credentialed by the Department of Vehicle Regulation before they may perform the initial vision testing required under KRS 186.577 and this administrative regulation. To become credentialed, the medical professional shall submit to the department a completed TC 94-203, Medical Specialist Credentialing Certification.(2)
The applicant medical specialist shall thereafter receive an approved copy of the TC 94-203, Medical Specialist Credentialing Certification, from the Division of Driver Licensing credentialing them to perform the initial vision screening required under KRS 186.577 and this administrative regulation prior to completing any driver vision examination, and prior to completing a TC 94-202, Driver Vision Testing Certification.(3)
The credentialed medical professional shall include their Medical Specialist Credential certification number on any completed TC 94-202, Driver Vision Testing Certification.Section 5.
Incorporated by Reference.(1)
The following material is incorporated by reference:(a)
"TC 94-202, Driver Vision Testing Certification," November 2024.(b)
"TC 94-203, Medical Specialist Credentialing Certification," November 2024.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Division of Driver Licensing, 2nd Floor, Transportation Cabinet Office Building, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8 a.m. to 4:30 p.m.(3)
This material is also available on the Transportation Cabinet's website at https://transportation.ky.gov/Organizational-Resources/Pages/Forms-Library-(TC-94).aspx.JIM GRAY, Secretary
MATTHEW COLE, Commissioner
JESSE ROWE, Staff Attorney Manager/Assistant General Counsel
APPROVED BY AGENCY: December 5, 2024
FILED WITH LRC: December 6, 2024 at 11:25 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 21, 2025, at 10:00 AM EST, at the Transportation Cabinet, Transportation Cabinet Building, 200 Mero Street, 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 January 31, 2025. 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: Jesse Rowe, Staff Attorney Manager/Assistant General Counsel, Transportation Cabinet, Office of Legal Services, 200 Mero Street, Frankfort, Kentucky 40622, (502) 564-7650, fax (502) 564-5238, jessew.rowe@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Jesse Rowe
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation implements the KRS 186.577 requirement that the Kentucky State Police continue to require persons applying for an initial operator’s license, or an initial instruction permit, to submit to a test of visual acuity and visual field at the time of application but now authorizing medical professionals to conduct the examinations prior to application when requested. It also implements the requirement that the Division of Driver Licensing require persons applying for a renewal operator’s license, a renewal instruction permit, or reinstatement to submit to a test of visual acuity and visual field at time of application. The regulation also requires persons whose visual acuity is 20/60 or better in one (1) eye and who meet or exceed the visual field standard with corrective lenses shall have their driving privileges restricted to mandate the use of the corrective lenses. It also implements the KRS 186.577 requirement that the Transportation Cabinet establish visual field standards, create a driver vision testing form, and establish a credentialing process for osteopaths, physicians, and advanced practice registered nurses to conduct vision testing under the section.
(b) The necessity of this administrative regulation:
This regulation is required by KRS 186.577(10).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This regulation establishes the minimum standards required to achieve the intent of KRS 186.577.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation establishes forms required by KRS 186.577 to report vision examinations for driver licensing applicants performed outside of the agencies and for credentialing of medical specialists who are not vision specialists to be among those who can perform the examinations.
(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) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation would affect the residents of Kentucky who may apply for a driver license. The Department of Vehicle Regulation reports approximately 3.5M active licensed drivers in Kentucky on a given day. It will control how the Department of Vehicle Regulation applies the vision standards required by KRS 186.577 and the regulation to applicants for a renewal, or reinstatement of an instruction permit or operator’s license. This regulation also affects the Kentucky State Police and controls how it applies the vision standards required by KRS 186.577 and the regulation to applicants for an initial permit or license. This regulation also controls how vision specialists and credentialed medical specialists may conduct and report vision examinations requested pursuant to the regulation and KRS 186.577 and establishes a process for osteopaths, physicians, and advanced practice registered nurses to become credentialed medical specialists and to conduct vision testing under the regulation and statute.
(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:
The Department of Vehicle Regulation and the Kentucky State Police will be required to comply with the applicable vision standards in this regulation and KRS 186.577 in the issuance and denial of initial permits and licenses and their renewal and reinstatement. The Department of Vehicle Regulation, the Kentucky State Police, vision specialists, and credentialed medical specialists may conduct driver vision testing and vision specialists and credentialed medical specialists must report the examinations on the form required by the regulation. Residents of Kentucky who may apply for a driver instruction permit or license, renewal or reinstatement will be required to comply with this regulation and KRS 186.577 and submit to a test of visual acuity and visual field at or before application.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The Department of Vehicle Regulation and the Kentucky State Police will offer the required vision screening without additional expense to applicants for a permit, license, renewal, or reinstatement. Vision specialists and credentialed medical specialists will charge market rates for the same service. The Department of Vehicle Regulation has acquired 100 or more automatic visual acuity and visual field machines to conduct the examinations and has increased staff in the Frankfort central office and in the regional driver licensing offices. The Kentucky State Police already owns and maintains the same machines for the vision examinations previously required for initial permits or licenses by KRS 186.577 prior to the amendments requiring testing for renewals and reinstatements.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The Department of Vehicle Regulation and the Kentucky State Police will hereafter work together to ensure compliance with minimum vision standards for drivers throughout the years they may be licensed, improving roadway safety for the traveling public.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The Kentucky Transportation Cabinet incurred initial equipment costs of approximately $100,000.
(b) On a continuing basis:
Implementing this administrative regulation will have ongoing equipment and personnel costs for the Kentucky Transportation Cabinet across each of the regional driver licensing offices and central office associated with compliance with KRS 186.577, totaling $250,000 in recuring annual mostly personnel costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The source of the funding to be used for the implementation and enforcement of this administrative regulation is the general budget of the Kentucky Transportation Cabinet, Department of Vehicle Regulation.
(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 new fees or funding is likely required to implement this regulation.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
KRS 186.577(11) authorizes the assessment of a fee to an applicant to cover the administrative costs of performing on-site vision testing. The Kentucky Transportation Cabinet has declined to assess such a fee. Applicants may choose to pay for driver vision testing conducted by vision specialists or credentialed medical specialists prior to application.
(9) TIERING: Is tiering applied?
No tiering is required under any law nor is it necessary for proper application of the law.
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 186.577.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Kentucky Transportation Cabinet, Department of Vehicle Regulation, Division of Driver Licensing is the promulgating agency and it and the Kentucky State Police are affected.
(a) Estimate the following for the first year:
Expenditures:
$100,000 in initial equipment costs and $250,000 in additional personnel costs for the Kentucky Transportation Cabinet.
Revenues:
This administrative regulation is not expected to generate revenue.
Cost Savings:
This administrative regulation is not expected to generate cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
The Kentucky Transportation Cabinet will expend approximately $250,000 in additional annual personnel and equipment costs to comply with KRS 186.577 and the administrative regulation. This administrative regulation is not expected to generate revenue and is not expected to generate cost savings.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
This administrative regulation will not affect local entities.
(a) Estimate the following for the first year:
Expenditures:
This administrative regulation is not expected to generate additional expenditures for any local entities.
Revenues:
This administrative regulation is not expected to generate revenue.
Cost Savings:
This administrative regulation is not expected to generate cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Expenditures, revenues, and cost savings will not differ in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
None.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
They will not differ.
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation should cause no effect on the expenditures and revenues of a state or local government agency other than the Kentucky Transportation Cabinet. The Department of Vehicle Regulation has incurred $100,000 in initial equipment costs to comply with KRS 186.577 and the additional personnel costs are based upon the estimated hours to accommodate the volume of driver vision testing and administration expected to occur in the department.
(b) Methodology and resources used to determine the fiscal impact:
The Department of Vehicle Regulation has already incurred the initial equipment expense, it evaluated the time necessary to conduct a vision examination, and used historical data to determine the expected volume of renewals and reinstatements requiring a vision examination processed in a given year.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
The administrative regulation will not have an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
The Department of Vehicle Regulation evaluated its own expected costs based upon actual equipment costs, task complexity and volume, and historical personnel costs. No other entity can have additional expenditures to comply with this administrative regulation.