KRS § 320.240 — KY Code / Title XXVI / Chapter 320 / Section 320.240
320.240 Board's meetings, officers, powers, and duties -- Licensure and classification of optometrists -- Board to have sole authority over practice of optometry -- Authorization to administer and prescribe pharmaceutical agents and certain oral medications
Status: in_force

320.240 Board's meetings, officers, powers, and duties -- Licensure and

classification of optometrists -- Board to have sole authority over practice

of optometry -- Authorization to administer and prescribe pharmaceutical

agents and certain oral medications.

(1) The board shall meet at least once each year, at which time it shall choose

from among its members the president, vice president, and secretary-treasurer.

In addition, the board, upon call of its officers, may hold meetings at any time

as it deems necessary. A full record of the board's proceedings shall be kept in

the office of the board and shall be open to inspection at all reasonable times.

(2) The board shall keep a register containing the name, address, and license

number of every person licensed to practice optometry in this state.

(3) The Attorney General shall render to the board legal services as it may require

in carrying out and enforcing the provisions of this chapter.

(4) Subject to and consistent with the provisions of this chapter, the board shall

promulgate reasonable administrative regulations and do any and all things

that it may deem necessary or proper for the effective enforcement of this

chapter and for the full and efficient performance of its duties hereunder and

the reasonable regulation of the profession of optometry and the practice

thereof by licensed optometrists. The administrative regulations shall include

the classification and licensure of optometrists by examination or credentials,

retirement of a license, and reinstatement of a license.

(5) An optometrist shall not administer drugs, prescribe drugs, or perform laser or

nonlaser surgery procedures until he or she is licensed by the board. Any

therapeutically licensed optometrist authorized to practice under this section

shall meet the educational and competence criteria set forth by the board in

order to perform expanded therapeutic procedures. Evidence of proof of

continuing competency shall be determined by the board.

(6) Nothing in this chapter shall be construed as allowing any agency, board, or

other entity of this state other than the Kentucky Board of Optometric

Examiners to determine what constitutes the practice of optometry.

(7) The board shall have the sole authority to determine what constitutes the

practice of optometry and sole jurisdiction to exercise any other powers and

duties under this chapter. The board may issue advisory opinions and

declaratory rulings related to this chapter and the administrative regulations

promulgated under this chapter.

(8) The board shall have:

(a) A common seal;

(b) The right to determine what acts on the part of any person licensed as an

optometrist in this state shall constitute unprofessional conduct under this

chapter; and

(c) Other powers and duties as authorized by this chapter.

(9) The board may administer oaths and require the attendance of witnesses, the

production of books, records, and papers pertinent to any matters coming

before the board by the issuance of process that shall be served and returned

in the same manner as in civil actions and for the disobedience of which the

board shall have the power to invoke the same rights as are provided for

disobedience of a subpoena or subpoena duces tecum in a civil action.

(10) The board may assist in the prosecution of any violation of this chapter and in

the enforcement of any of the provisions of this chapter.

(11) The board shall report its proceedings to the Governor on or about January 1

of each year, including an accounting of all moneys received and disbursed.

(12) The board may permit persons engaging in the practice of optometry under the

provisions of this chapter to administer diagnostic pharmaceutical agents

limited to miotics for emergency use only, mydriatics, cycloplegics, and

anesthetics applied topically only, but excluding any drug classified as a

controlled substance pursuant to KRS Chapter 218A. These pharmaceutical

agents shall be applied in diagnostic procedures only as part of an eye

examination. The application of the diagnostic pharmaceutical agents shall be

limited to those persons who have sufficient education and professional

competence as determined by the board and who have earned transcript

credits of at least six (6) semester hours in a course or courses in general and

ocular pharmacology, with particular emphasis on diagnostic pharmaceutical

agents applied topically to the eye, from a college or university accredited by a

regional or professional accreditation organization which is recognized or

approved by the council on postsecondary accreditation or by the United

States Department of Education.

(13) The board may authorize only those persons who have qualified for use of

diagnostic pharmaceutical agents as set out in subsection (12) of this section

to utilize and prescribe therapeutic pharmaceutical agents in the examination

or treatment of any condition of the eye or its appendages. Any therapeutically

certified optometrist licensed under the provisions of this subsection shall be

authorized to prescribe oral medications, except any controlled substances

classified in Schedule I and any controlled substances classified in Schedule II

other than hydrocodone combination products as defined in KRS 218A.010, for

any condition which an optometrist is authorized to treat under the provisions of

this chapter. The use of injections for other than treatment of the human eye

and its appendages shall be limited to the administration of benadryl,

epinephrine, or equivalent medication to counteract anaphylaxis or

anaphylactic reaction. In a public health emergency, the commissioner of

health may authorize therapeutically licensed optometrists to administer

inoculation for systemic health reasons. The authority to prescribe a Schedule

II hydrocodone combination product as defined in KRS 218A.010 and a

Schedule III, IV, or V controlled substance shall be limited to prescriptions for a

quantity sufficient to provide treatment for up to seventy-two (72) hours. No

refills of prescriptions for controlled substances shall be allowed. The utilization

or prescribing of therapeutic pharmaceutical agents shall be limited to those

persons who have sufficient education and professional competence as

determined by the board and who have earned transcript credits of at least six

(6) semester hours in a course or courses in general and ocular pathology and

therapy, with particular emphasis on utilization of therapeutic pharmaceutical

agents from a college or university accredited by a regional or professional

accreditation organization which is recognized or approved by the council on

postsecondary accreditation or by the United States Department of Education.

These six (6) semester hours are in addition to the six (6) semester hours

required by subsection (12) of this section, making a total of twelve (12)

semester hours.

(14) Any optometrist authorized by the board to utilize diagnostic pharmaceutical

agents shall be permitted to purchase for use in the practice of optometry

diagnostic pharmaceutical agents limited to miotics for emergency use only,

mydriatics, cycloplegics, and anesthetics. Any optometrist authorized by the

board to utilize therapeutic pharmaceutical agents shall be permitted to

prescribe in the practice of optometry therapeutic pharmaceutical agents.

Optometrists so authorized by the board to purchase pharmaceutical agents

shall obtain them from licensed drug suppliers or pharmacists on written orders

placed in the same or similar manner as any physician or other practitioner

authorized by KRS Chapter 217. Purchases shall be limited to those

pharmaceutical agents specified in this subsection and in subsection (12) of

this section, based upon the authority conferred upon the optometrist by the

board consistent with the educational qualifications of the optometrist as set

out herein.