GENERAL GOVERNMENT CABINET

Kentucky Board of Optometric Examiners

(Amendment)

 

      201 KAR 5:030. Annual courses of study required.

 

      RELATES TO: KRS 218A.205(3)(h), 320.280

      STATUTORY AUTHORITY: KRS 218A.205(3)(h), 320.240(7), 320.280(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 320.280(2) requires all licensed optometrists to annually take courses of study in subjects relating to the practice of optometry. KRS 218A.205(3)(h) requires optometrists to obtain seven and one-half (7.5) percent of their continuing education credits in the use of the electronic monitoring system established pursuant to KRS 218A.202, pain management, or addiction disorders. This administrative regulation establishes the required hours of study and prescribes the approved programs and those records which shall be maintained and submitted showing proof of attendance at those programs.

 

      Section 1. (1) The annual course of study shall be completed each calendar year.

      (2)(a) A licensee shall attend a minimum of eight (8) continuing education credit hours.

      (b) In addition to the requirements of paragraph (a) of this subsection, an optometrist who is authorized to prescribe therapeutic agents shall attend a minimum of seven (7) credit hours in ocular therapy and pharmacology, for a total of at least fifteen (15) continuing education credits.

      (c) In addition to the requirements of paragraph (a) and (b) of this subsection, an optometrist who is credentialed by the board to perform expanded therapeutic procedures shall attend a minimum of five (5) additional credit hours in expanded therapeutic procedures, for a total of at least twenty (20) continuing education credits.

      (d) A licensee who is authorized to prescribe controlled substances shall obtain two (2) credit hours that relate to the use of the electronic monitoring system established in accordance with KRS 218A.202 known as Kentucky All Schedule Prescription Electronic Reporting (KASPER), pain management, or addiction disorders as part of the licensee’s total continuing education credits.

 

      Section 2. In order to be approved, an educational course shall be sponsored by a recognized and established state, regional (multistate) or national optometric association, an accredited college of optometry, or an accredited college of medicine.

 

      Section 3. (1) In order to be credited for an educational course, a licensee shall submit an attendance form to the board.

      (2) The attendance form shall be submitted on or before December 31 of each calendar year.

 

      Section 4. A sponsor of an approved educational course shall furnish an attendance form to a licensee. The attendance form shall contain the following information:

      (1) Name of the sponsoring organization;

      (2) Name and address of the licensee;

      (3) Educational topics addressed at the course;

      (4) Identity of the speakers;

      (5) Number of hours attended by the licensee;

      (6) Date of the program;

      (7) Statement by the licensee that he or she has attended the course; and

      (8) Signature of an official of the sponsoring organization.

 

      Section 5. Credit shall not be given for more than two (2) hours attendance in a course of office management and administration.

 

      Section 6. (1) Except as provided in subsection (2) of this section, credit may be granted for a maximum of five (5) hours continuing education through the Internet.

      (2) The credit hours required by Section 1(2)(c) of this administrative regulation shall not be obtained through the Internet.

 

      [Section 7. Within one (1) year of initial licensure and thereafter every decennial year, an optometrist shall successfully complete a continuing education course of not less than one (1) hour concerning HIV/AIDS that complies with KRS 214.610(1) and is approved by the Cabinet for Health and Family Services, HIV/AIDS Branch.]

 

JERALD COMBS, President

      APPROVED BY AGENCY: August 10, 2015

      FILED WITH LRC: August 11, 2015 at 11 a.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on September 24, 2015 at 4:00 p.m. at the Keeneland Room of Embassy Suites Hotel, 1801 Newtown Pike, Lexington, Kentucky 40511. Individuals interested in attending this hearing shall notify this agency in writing by 4:30 p.m. on September 17, 2015, five workdays prior to this hearing, of their intent to attend. 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 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 attend the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until September 30, 2015. Send written notification of intent to attend the public hearing or written comments on the proposed administrative regulation to:

      CONTACT PERSON: Connie Calvert, Executive Director, Kentucky Board of Optometric Examiners, 163 W. Short St., Suite 550, Lexington, Kentucky 40507, phone (859) 246-2744, fax (859) 246-2746.

 

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT

 

Contact person: Connie Calvert

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation establishes continuing education requirements.

      (b) The necessity of this administrative regulation: This regulation is necessary to comply with the mandates of KRS 320.280, which requires optometrists to obtain continuing education.

      (c) How this administrative regulation conforms to the content of the authorizing statues: This regulation establishes criteria for mandated continuing education.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This administrative regulation qualifies how many hours and what subject matter must be completed by optometrists.

      (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: The amendment deletes the requirement for HIV/AIDS continuing education pursuant to the elimination of that requirement in KRS 320.250 and KRS 320.280, effective on June 24, 2015.

      (b) The necessity of the amendment to this administrative regulation: The amendment brings the regulation in conformity with the authorizing statutes.

      (c) How the amendment conforms to the content of the authorizing statutes: The amendment eliminates the requirement for HIV/AIDS continuing education, as do the authorizing statutes.

      (d) How the amendment will assist in the effective administration of the statutes: There will be conformity between the statutes and regulation.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Approximately 700 optometrists are required to obtain continuing education each year;

      (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: Optometrists have to receive eight (8) hours of continuing education; an optometrist prescribing therapeutic agents must obtain fifteen (15) hours of continuing education; an optometrist credentialed by the board to perform expanded therapeutic procedures shall obtain twenty (20) hours of continuing education. Optometrists prescribing controlled substances must have two (2) hours of particularized education as part of their total continuing education hours. No optometrist will now be required to obtain HIV/AIDS continuing education for renewal.

      (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 additional monetary cost to the entities identified in question (3).

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The amendment eliminates a requirement rather than adds one, so there is no benefit of compliance.

      (5) Provide an estimate of how much it will cost to implement this administrative

regulation:

      (a) Initially: No new costs will be incurred by the board.

      (b) On a continuing basis: No new costs will be incurred by the board.

      (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: No funding is required for this amendment.

      (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: Implementation of this regulation is not dependent on an increase in fees or funding.

      (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: This administrative regulation does not establish any fees.

      (9) TIERING: Is tiering applied? Tiering was not applied as the regulation is applicable to all licensees.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      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? This administrative regulation will impact licensees of the Kentucky 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 320.250 and 320.280 require the action taken by this administrative regulation.

      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. The board does not expect a difference in expenditures and revenues for the first year the administrative regulation is 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? This administrative regulation will not generate new revenue for the board in the first year.

      (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? None

      (c) How much will it cost to administer this program for the first year? None

      (d) How much will it cost to administer this program for subsequent years? None

      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: