201 KAR 13:040. Licensing; application, examination; experience; renewal; and inactive status.


      RELATES TO: KRS 326.020, 326.040, 326.080

      STATUTORY AUTHORITY: KRS 326.020(3), 326.040, 326.080

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 326.020(3) authorizes the board to promulgate administrative regulations to carry out the purposes and provisions of KRS Chapter 326. KRS 326.040 establishes the requirements for the issuance of a license including experience and passage of an examination. KRS 326.080 requires the annual renewal of licensure. This administrative regulation prescribes the forms, required examinations, experience, renewal requirements, and provisions for inactive status required for licensees.


      Section 1. Application for License. (1) A person wishing to obtain a license to practice as an ophthalmic dispenser, pursuant to KRS Chapter 326, shall make application to the Kentucky Board of Ophthalmic Dispensers on the form, Application for Ophthalmic Dispenser License.

      (2) An applicant for licensure as an apprentice shall complete the form, Application for Apprentice License.

      (3) The board shall admit to the practical examination a candidate who pays the required examination fee of fifty (50) dollars and who meets the requirements of KRS 326.040, under oath, that he qualifies pursuant to KRS 326.040 and 201 KAR Chapter 13.


      Section 2. Required Examinations. (1) The examination required pursuant to KRS 326.040(4) shall consist of passage of each of the following:

      (a) The American Board of Opticians (ABO);

      (b) The National Contact Lens Examiners (NCLE); and

      (c) The NCSORB National Practical.

      (2) The ABO and the NCLE shall be:

      (a) Taken before the expiration of thirty (30) months from the date of the original receipt of the apprentice license; and

      (b) Passed within five (5) years of the date of the original receipt of the apprentice license.

      (3) The practical examination shall not be taken until all other licensure requirements have been completed.


      Section 3. Experience. In addition to the experience requirement established in KRS 326.040(3), the board shall also count as qualifying experience any time spent:

      (1) Attending a recognized school for ophthalmic dispensing; or

      (2) Working in an optical laboratory as an ophthalmic technician.


      Section 4. Licensure Renewal. (1) Each license shall be renewed each year on or before December 31.

      (2) Each licensee shall complete and submit one (1) of the following:

      (a) Application for Renewal for a licensed ophthalmic dispenser; or

      (b) Application for Apprentice Renewal for a licensed apprentice ophthalmic dispenser.

      (3) For a renewal postmarked on or before December 31, the renewal fee shall be:

      (a) Fifty (50) dollars for a licensed ophthalmic dispenser; or

      (b) Twenty-five (25) dollars for an apprentice ophthalmic dispenser.

      (4) In addition to the renewal fee, a ten (10) dollar penalty shall be paid on a renewal postmarked after December 31. At the end of a thirty (30) day grace period, January 31, a license that has not been renewed shall be revoked.

      (5) In order to qualify for licensure renewal, a licensee shall comply with the continuing education requirements of KRS 326.020(3)(b) and 201 KAR 13:055.


      Section 5. Temporary Permit Application. (1) The board shall, if requested by the applicant, issue a temporary permit to a qualified ophthalmic dispenser, who otherwise would qualify for a license but is in the state on a temporary basis or who has not yet had an opportunity to take an examination to procure a license and whose immediate employment depends upon being licensed by the board.

      (2) The permit shall be valid only until the next regular examination date and in no case shall exceed six (6) months following date of issuance.

      (3) The fee for a temporary permit shall be fifty (50) dollars, which amount shall accompany the application.


      Section 6. Board Action, Notification. (1) The board shall act only upon those applications that are complete.

      (2) Each applicant shall enclose the prescribed license fee in the form of a check or money order made payable to the Commonwealth of Kentucky State Treasurer.

      (3) Each applicant shall be notified of the action of the board; and, if favorable, when and where the examination will be held.


      Section 7. Inactive Status. (1) Upon application, the board shall grant inactive status to a qualified licensee. While on inactive status, the licensee shall not engage in the practice of ophthalmic dispensing.

      (2) The fee for licensure on inactive status shall be ten (10) dollars per year.

      (3)(a) Continuing education requirements shall be waived for a licensee on inactive status during the inactive period.

      (b) If the inactive licensee applies to the board to return to active status, the licensee shall submit proof that he has completed six (6) hours of continuing education for ophthalmic dispenser licensees and four (4) hours of continuing education for apprentice ophthalmic dispenser licensees within the last twelve (12) month period immediately preceding the date on which the application is submitted.

      (c) The licensee may request that he be allowed to return to active status immediately, with the provision that he shall receive the appropriate number of continuing education hours within six (6) months of the date on which he returns to active status.

      (d) Additionally, the licensee shall be responsible for meeting the requirements established in 201 KAR 13:055 in order to qualify for renewal.

      (4) The reactivation fee for changing from inactive status to active status shall be forty (40) dollars for an ophthalmic dispenser licensee.


      Section 8 Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for Ophthalmic Dispenser License", June 2012;

      (b) "Application for Apprentice License", June 2012;

      (c) "Application for Renewal", June 2012; and

      (d) "Application for Apprentice Renewal", June 2012.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Ophthalmic Dispensers, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (OD-2; 1 Ky.R. 722; eff. 5-14-75; Am. 11 Ky.R. 56; eff. 8-7-84; 733; eff. 12-11-84; 13 Ky.R. 900; eff. 12-2-86; 21 Ky.R. 481; 1086; eff. 10-12-94; 27 Ky.R. 1528; 2723; eff. 4-9-2001; 38 Ky.R. 1875; 39 Ky.R. 11; eff. 8-6-2012.)