Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 5 - Board of Optometric Examiners › Section 201 KAR 5:002 - Board administration and optometric practice

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				320.230,
				320.240(7),
				320.295,
				320.300(4),
				320.310(1)(f), (2),
				(3),
				326.060
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				320.295 prohibits false, misleading, or
				deceptive advertising, and this includes advertising in all forms, including
				print media and electronic media.
				KRS
				320.310(3) authorizes the
				board to promulgate an administrative regulation to establish minor violations
				that are subject to expungement.
				KRS
				320.240(4), (7), and (8)
				authorize the board to promulgate an administrative regulation about what acts
				constitute unprofessional conduct.
				KRS
				320.310(1)(n) authorizes the
				board to discipline a licensee who violates an administrative regulation
				promulgated by the board.
				KRS
				320.310(2) permits each
				doctor of optometry to maintain branch offices.
				KRS
				320.230 authorizes board members to receive
				per diem compensation to be determined by administrative regulation of the
				board not to exceed $125.
				KRS
				320.300(4) prohibits a
				person from practicing optometry under any name other than his or her own
				except as permitted by the board in its administrative regulations.
				KRS
				320.310(1)(f) authorizes the
				board to promulgate administrative regulations to permit the practice of
				optometry outside of the licensee's regular office for a charitable purpose as
				defined by the board. This administrative regulation establishes requirements
				for advertising, minor violations subject to expungement, acts that constitute
				unprofessional conduct, the furnishing of information concerning each office to
				the board, board member per diem compensation, practice under a trade name, and
				the standards for the practice of optometry outside the licensee's office for a
				charitable purpose.
Section 1.
			 Definitions.
(1) "Board Member's Compensation"
			 means that each board member is eligible for a per diem of $100 for each day in
			 which that member conducts work on behalf of the board.
(2) "Charitable organization" means a
			 nonprofit entity accepted by the Internal Revenue Service and organized for
			 benevolent, educational, philanthropic, humane, social welfare, or public
			 health purposes.
(3) "Charitable
			 purpose" means a purpose that holds itself out to be benevolent, educational,
			 philanthropic, humane, or for social welfare or public health.
(4) "Expungement" means that:
(a) The affected records are
			 sealed;
(b) The proceedings to
			 which they refer are found not to have occurred; and
(c) The affected party properly represents
			 that no record exists regarding the matter expunged.
(5) "Minor violations" means:
(a) Failure to timely renew a
			 license;
(b) Failure to timely
			 obtain continuing education; and
(c) Does not include any violations of the
			 laws surrounding the advertisement of optometric services by Doctors of
			 Optometry.