KANSAS STATE BOARD OF EXAMINERS

Chapter 32.--WILDLIFE, PARKS AND RECREATION

Article 9.--LICENSES, PERMITS, STAMPS AND OTHER ISSUES

32-933. Physical or visual disability, assistance permit. (a) Any person having a permanent physical or visual disability such that the person cannot safely hunt or fish in accordance with law and rules and regulations of the department, as certified by a person licensed to practice the healing arts in any state or a person licensed to practice optometry in any state, shall be eligible to obtain a disability assistance permit. The permit shall allow the permit holder to designate another person to take, on behalf of and while accompanied by the permit holder, the permit holder's legal limit of game or fish. The person designated shall hold all licenses, permits, stamps or other issues of the department required for the activity being engaged in and the permit holder shall remain subject to all other laws and rules and regulations of the department for the activity being engaged in. On the determination of the secretary, the disability assistance permit may designate the hunting or fishing activity for which assistance to the permit holder may be provided.

(b) The secretary shall adopt, in accordance with I.E.. 32-805, and amendments thereto, rules and regulations providing for the approval of applicants for permits pursuant to subsection (a) and for the issuance of such permits.

History: L. 1997, ch. 127, § 2; L. 2002, ch. 96, § 3; July 1.

Chapter 38.--MINORS

Article 15.—KANSAS CODE FOR CARE OF CHILDREN

38-1522. Reporting of certain abuse or neglect of children; persons reporting; reports, made to whom; penalties for failure to report or interference with making of a report. (a) When any of the following persons has reason to suspect that a child has been injured as a result of physical, mental or emotional abuse or neglect or sexual abuse, the person shall report the matter promptly as provided in subsection (c) or (e): Persons licensed to practice the healing arts or dentistry; persons licensed to practice optometry; persons engaged in postgraduate training programs approved by the state board of healing arts; licensed psychologists; licensed masters level psychologists; licensed clinical psychotherapists; licensed professional or practical nurses examining, attending or treating a child under the age of 18; teachers, school administrators or other employees of a school which the child is attending; chief administrative officers of medical care facilities; licensed marriage and family therapists; licensed clinical marriage and family therapists; licensed professional counselors; licensed clinical professional counselors; registered alcohol and drug abuse counselors; persons licensed by the secretary of health and environment to provide child care services or the employees of persons so licensed at the place where the child care services are being provided to the child; licensed social workers; firefighters; emergency medical services personnel; mediators appointed under K.S.A. 23-602 and amendments thereto; juvenile intake and assessment workers; and law enforcement officers. The report may be made orally and shall be followed by a written report if requested. When the suspicion is the result of medical examination or treatment of a child by a member of the staff of a medical care facility or similar institution, that staff member shall immediately notify the superintendent, manager or other person in charge of the institution who shall make a written report forthwith. Every written report shall contain, if known, the names and addresses of the child and the child's parents or other persons responsible for the child's care, the child's age, the nature and extent of the child's injury (including any evidence of previous injuries) and any other information that the maker of the report believes might be helpful in establishing the cause of the injuries and the identity of the persons responsible for the injuries.

(b) Any other person who has reason to suspect that a child has been injured as a result of physical, mental or emotional abuse or neglect or sexual abuse may report the matter as provided in subsection (c) or (e).

(c) Except as provided by subsection (e), reports made pursuant to this section shall be made to the state department of social and rehabilitation services. When the department is not open for business, the reports shall be made to the appropriate law enforcement agency. On the next day that the state department of social and rehabilitation services is open for business, the law enforcement agency shall report to the department any report received and any investigation initiated pursuant to subsection (a) of K.S.A. 38-1524 and amendments thereto. The reports may be made orally or, on request of the department, in writing.

(d) Any person who is required by this section to report an injury to a child and who knows of the death of a child shall notify immediately the coroner as provided by K.S.A. 22a-242, and amendments thereto.

(e) Reports of child abuse or neglect occurring in an institution operated by the secretary of social and rehabilitation services or the commissioner of juvenile justice shall be made to the attorney general. All other reports of child abuse or neglect by persons employed by or of children of persons employed by the state department of social and rehabilitation services or the juvenile justice authority shall be made to the appropriate law enforcement agency.

(f) Willful and knowing failure to make a report required by this section is a class B misdemeanor.

(g) Preventing or interfering with, with the intent to prevent, the making of a report required by this section is a class B misdemeanor.

History: L. 1982, ch. 182, § 19; L. 1983, ch. 140, § 19; L. 1985, ch. 147, § 8; L. 1986, ch. 299, § 4; L. 1987, ch. 152, § 1; L. 1988, ch. 140, § 2; L. 1991, ch. 114, § 13; L. 1992, ch. 312, § 38; L. 1996, ch. 229, § 36; L. 1997, ch. 156, § 43; L. 2001, ch. 154, § 2; July 1.

Chapter 48.--MILITIA, DEFENSE AND PUBLIC SAFETY

Article 34.--LICENSEES IN MILITARY SERVICE

48-3402. Validity of licenses continued; renewal fees and conditions held in abeyance during service. (a) The license of a licensee shall continue to be valid while the licensee is in the military service and for six months following release therefrom. No licensee shall be required to pay a renewal fee, submit a renewal application, obtain continuing education or meet other conditions to maintain a license while such licensee is in the military service. No license of any licensee shall expire, lapse or be canceled, revoked or suspended because of the failure to timely renew such license, including the failure to meet any conditions prerequisite to renewal, during the period of military service.

(b) The provisions of this section are subject to the provisions of K.S.A. 48-3403. To the extent that the provisions of any other law conflict with this section, this section shall control.

History: L. 1991, ch. 282, § 2; May 2.

48-3403. Payment of renewal fee, time; continuing education requirement. (a) A licensee who desires to engage in or practice an occupation or profession in this state after release from military service shall submit, within six months after such release, but not later than two weeks after engaging in or practicing such occupation or profession in this state after such release, the renewal fee required by law for the current license period with a completed renewal application, and thereupon, the licensee shall be deemed to have complied with all requirements of law relating to payment of licensure renewal fees. A licensee who submits the renewal fee and completed renewal application in accordance with this section shall not be charged any late payment fees or penalties. The license of a licensee who fails to renew the license pursuant to this section may be canceled, revoked or suspended in accordance with the applicable law.

(b) A licensee who is required by law to obtain continuing education as a condition prerequisite to renewal of a license shall be exempt from such continuing education requirement until completion of the next full licensure period so long as the licensee submits the renewal fee and completed renewal application in accordance with subsection (a).

History: L. 1991, ch. 282, § 3; L. 2005, ch. 117, § 3; Apr. 21.

Chapter 65.—PUBLIC HEALTH

Article 15.—REGULATION OF OPTOMETRISTS

65-1501. Practice of optometry defined; exclusions; standard of care in diagnosis and treatment of glaucoma; low vision rehabilitation services. (a) The practice of optometry means:

(1) The examination of the human eye and its adnexae and the employment of objective or subjective means or methods (including the administering, prescribing or dispensing, of topical pharmaceutical drugs) for the purpose of diagnosing the refractive, muscular, or pathological condition thereof;

(2) the prescribing or adapting of lenses (including any ophthalmic lenses which are classified as drugs by any law of the United States or of this state), prisms, low vision rehabilitation services, orthoptic exercises and visual training therapy for the relief of any insufficiencies or abnormal conditions of the human eye and its adnexae; and

(3) except as otherwise limited by this section, the prescribing, administering or dispensing of topical pharmaceutical drugs and oral drugs for the examination, diagnosis and treatment of any insufficiencies or abnormal conditions of the human eye and its adnexae.

(b) The practice of optometry shall not include: (1) The management and treatment of glaucoma, except as provided in subsection (d); (2) the performance of surgery, including the use of lasers for surgical purposes, except that therapeutic licensees may remove superficial foreign bodies from the cornea and the conjunctiva; (3) the use of topical pharmaceutical drugs by a person licensed to practice optometry unless such person successfully meets the requirements of a diagnostic licensee or a therapeutic licensee; and (4) the prescribing, administering and dispensing of oral drugs for ocular conditions by a person licensed to practice optometry unless such person successfully meets the requirements of a therapeutic licensee, except that such therapeutic licensee may prescribe or administer oral steroids or oral antiglaucoma drugs for ocular conditions following consultation with an ophthalmologist, which consultation shall be noted in writing in the patient's file. No optometrist may prescribe or administer oral drugs to persons less than six years of age.

(c) A therapeutic licensee certified to treat adult open-angle glaucoma as provided herein shall be held to a standard of care in the use of such agents in diagnosis and treatment commensurate to that of a person licensed to practice medicine and surgery, who exercises that degree of skill and proficiency commonly exercised by an ordinary, skillful, careful and prudent person licensed to practice medicine and surgery.

(d) An optometrist may prescribe, administer and dispense topical pharmaceutical drugs and oral drugs for the treatment of adult open-angle glaucoma only following glaucoma licensure as provided in subsection (l) of K.S.A. 65-1501a and amendments thereto. After the initial diagnosis of adult open-angle glaucoma, by an optometrist during the co-management period described in subsection (s) of K.S.A. 65-1501a and amendments thereto, the patient shall be notified that the diagnosis must be confirmed by an ophthalmologist and that any subsequent treatment requires a written co-management plan with an ophthalmologist of the patient's choice.

(e) Under the direction and supervision of a therapeutic licensee, a licensed professional nurse, licensed practical nurse, registered physical therapist and licensed occupational therapist may assist in the provision of low vision rehabilitation services in addition to such other services which such licensed professional nurse, licensed practical nurse, registered physical therapist and licensed occupational therapist is authorized by law to provide under subsection (d) of K.S.A. 65-1113, subsection (h) of K.S.A. 65-1124, subsection (b) of K.S.A. 65-2901 and subsection (b) of K.S.A. 65-5402, and amendments thereto.

History: L. 1923, ch. 220, § 1; R.S. 1923, 65-1501; L. 1977, ch. 216, § 1; L. 1987, ch. 235, § 1; L. 1996, ch. 95, § 1; L. 1999, ch. 23, § 1; L. 2002, ch. 203, § 16; Apr. 1, 2003.

65-1501a. Definitions. For the purposes of this act the following terms shall have the meanings respectively ascribed to them unless the context requires otherwise:

(a) "Board" means the board of examiners in optometry established under K.S.A. 74-1501 and amendments thereto.

(b) "License" means a license to practice optometry granted under the optometry law.

(d) "Adapt" means the determination, selection, fitting or use of lenses, prisms, orthoptic exercises or visual training therapy for the aid of any insufficiencies or abnormal conditions of the eyes after or by examination or testing.

(e) "Lenses" means any type of ophthalmic lenses, which are lenses prescribed or used for the aid of any insufficiencies or abnormal conditions of the eyes.

(f) "Prescription" means a verbal or written order directly from a licensee giving or containing the name and address of the prescriber, the license registration number of the licensee, the name and address of the patient, the specifications and directions for lenses, prisms, orthoptic exercises, low vision rehabilitation services or visual training therapy to be used for the aid of any insufficiencies or abnormal conditions of the eyes, including instructions necessary for the fabrication or use thereof and the date of issue.

(g) "Prescription for topical pharmaceutical drugs or oral drugs" means a verbal or written order directly from a licensee expressly certified to prescribe drugs under the optometry law and giving or containing the name and address of the prescriber, the license registration number of the licensee, the name and address of the patient, the name and quantity of the drug prescribed, directions for use, the number of refills permitted, the date of issue and expiration date.

(h) "Topical pharmaceutical drugs" means drugs administered topically and not by other means for the examination, diagnosis and treatment of the human eye and its adnexae.

(i) "Dispense" means to deliver prescription-only medication or ophthalmic lenses to the ultimate user pursuant to the lawful prescription of a licensee and dispensing of prescription-only medication by a licensee shall be limited to a twenty-four hour supply or minimal quantity necessary until a prescription can be filled by a licensed pharmacist, except that the twenty-four hour supply or minimal quantity shall not apply to lenses described in subsection (a)(2) of K.S.A. 65-1501, and amendments thereto.

(j) "Diagnostic licensee" means a person licensed under the optometry law and certified by the board to administer or dispense topical pharmaceutical drugs for diagnostic purposes.

(k) "Therapeutic licensee" means a person licensed under the optometry law and certified by the board to prescribe, administer or dispense topical pharmaceutical drugs for therapeutic purposes and oral drugs, following completion of a fifteen-hour course approved by the board pertaining to the use of oral drugs in ocular therapeutics, except that a person applying for therapeutic licensure who has graduated after January 1, 1999, from a school or college of optometry approved by the board shall not be required to take such course.

(l) "Glaucoma licensee" means a person described in subsections (j) and (k) of this section who is also licensed under the optometry law to manage and treat adult open-angle glaucoma by nonsurgical means, including the prescribing, administering and dispensing of topical pharmaceutical drugs and oral drugs.

(m) "False advertisement" means any advertisement which is false, misleading or deceptive in a material respect. In determining whether any advertisement is misleading, there shall be taken into account not only representations made or suggested by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations made.

(n) "Advertisement" means all representations disseminated in any manner or by any means, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of professional services or ophthalmic goods.

(o) "Health care provider" shall have the meaning ascribed to that term in subsection (f) of K.S.A. 40-3401 and amendments thereto.

(p) "Medical facility" shall have the meaning ascribed to that term in subsection (c) of K.S.A. 65-411 and amendments thereto.

(q) "Medical care facility" shall have the meaning ascribed to that term in K.S.A. 65-425 and amendments thereto.

(r) "Co-management" means confirmation by an ophthalmologist of a licensee's diagnosis of adult open-angle glaucoma together with a written treatment plan which includes (1) all tests and examinations supporting the diagnosis, (2) a schedule of tests and examinations necessary to treat the patient's condition, (3) a medication plan, (4) a target intraocular pressure, (5) periodic review of the patient's progress and (6) criteria for referral of the patient to an ophthalmologist for additional treatment or surgical intervention, except that any co-management plan may be modified only with the consent of both the ophthalmologist and the optometrist and the modification noted in writing on the patient's record.

(s) "Co-management period" means that period of time during which an optometrist co-manages patients either suspected of having or diagnosed as having adult open-angle glaucoma with an ophthalmologist.

(t) "Ophthalmologist" means a person licensed to practice medicine and surgery by the state board of healing arts who specializes in the diagnosis and medical and surgical treatment of diseases and defects of the human eye and related structures.

(u) "Low vision rehabilitation services" means the evaluation, diagnosis, management and care of the low vision patient including low vision rehabilitation therapy, education and interdisciplinary consultation under the direction and supervision of an ophthalmologist or optometrist.

(v) "Oral drugs" means oral antibacterial drugs, oral antiviral drugs, oral antihistamines, oral analgesic drugs, oral steroids and oral antiglaucoma drugs and other oral drugs with clinically accepted ocular uses.

History: L. 1975, ch. 318, § 1; L. 1987, ch. 235, § 2; L. 1990, ch. 223, § 1; L. 1996, ch. 95, § 2; L. 1999, ch. 23, § 2; Apr. 1, 2010.

65-1502. Who deemed practitioners. (a) Except as provided in K.S.A. 65-1508 and amendments thereto, a person shall be deemed to be practicing optometry within the meaning of the optometry law if such person in any manner:

(1) Holds oneself out to the public as being engaged in or who maintains an office for the practice of optometry as defined in K.S.A. 65-1501 and amendments thereto;

(2) makes a test or examination of the eye or eyes of another to ascertain the refractive, the muscular or the pathological condition thereof;

(3) adapts lenses to the human eye for any purpose, either directly or indirectly; or

(4) conducts or performs orthoptic exercises or visual training therapy for the correction, remedy or relief of any insufficiencies or abnormal conditions of the eyes.

(b) "Maintains an office for the practice of optometry" for the purposes of this section and the optometry law means:

(1) To directly or indirectly control or attempt to control the professional judgment or the practice of a licensee; or

(2) to bear any of the expenses of or to have, own or acquire any interest in the practice, books, records, files or materials of a licensee.

(c) Nothing herein contained shall be construed to prohibit a licensee from entering into leases, agreements, mortgages or other types of debt instruments not in violation of this section or any other section of the optometry law.

History: L. 1923, ch. 220, § 2; R.S. 1923, 65-1502; L. 1976, ch. 270, § 1; L. 1990, ch. 223, § 2; July 1.

65-1504b. Unlawful to dispense ophthalmic lens or lenses without prescription order. It shall be unlawful for any person to dispense an ophthalmic lens or lenses without first having obtained a valid, unexpired prescription as defined in K.S.A. 65-1501a, and amendments thereto, or order therefore from a duly licensed optometrist or a person licensed to practice medicine and surgery. An ophthalmic lens shall include a contact lens with or without power.

History: L. 1939, ch. 240, § 6; L. 1976, ch. 270, § 2; L. 2002, ch. 113, § 2; Jan. 1, 2003.

65-1505. Qualifications of practitioners; examinations; fees; reciprocal licensure; rules and regulations criteria for approval of schools or colleges. (a) Persons entitled to practice optometry in Kansas shall be those persons licensed in accordance with the provisions of the optometry law. A person shall be qualified to be licensed and to receive a license as an optometrist: (1) Who is of good moral character; and in determining the moral character of any such person, the board may take into consideration any felony conviction of such person, but such conviction shall not automatically operate as a bar to licensure; (2) who has graduated from a school or college of optometry approved by the board; and (3) who successfully meets and completes the requirements set by the board and passes an examination given by the board. All licenses issued on and after the effective date of this act, to persons not licensed in this state or in another state prior to July 1, 1996, shall be diagnostic, therapeutic and glaucoma licenses.

(b) All applicants for licensure or reciprocal licensure, except as provided in subsection (a) and (f), in addition to successfully completing all other requirements for licensure, shall take and successfully pass an examination required by the board before being certified by the board as a diagnostic and therapeutic licensee.

(c) All persons before taking the examination required by the board to be certified as a diagnostic and therapeutic licensee shall submit evidence satisfactory to the board of having successfully completed a course approved by the board in didactic education and clinical training in the examination, diagnosis and treatment of conditions of the human eye and its adnexae, totaling at least 100 hours.

(d) All applicants for glaucoma licensure, in addition to successfully completing all other requirements for licensure, shall submit evidence satisfactory to the board of: (1) Professional liability insurance in an amount acceptable to the board, (2) completion of a course of instruction approved by the board after consultation with the interprofessional advisory committee which includes at least 24 hours of training in the treatment and co-management of adult open-angle glaucoma and (3) co-management for a period of at least 24 months and not less than 20 diagnoses of suspected or confirmed glaucoma, except that the board may eliminate or shorten the co-management period, and eliminate or reduce the number of diagnoses of suspected or confirmed glaucoma for applicants for glaucoma licensure who graduate from approved optometric schools or colleges after July 1, 1998.

(e) Any person applying for examination by the board shall fill out and swear to an application furnished by the board, accompanied by a fee fixed by the board by rules and regulations in an amount of not to exceed $450, and file the same with the secretary of the board at least 30 days prior to the holding of the examination. At such examinations the board shall examine each applicant in subjects taught in schools or colleges of optometry approved by the board, as may be required by the board. If such person complies with the other qualifications for licensing and passes such examination, such person shall receive from the board, upon the payment of a fee fixed by the board by rules and regulations in an amount of not to exceed $150, a license entitling such person to practice optometry. In the event of the failure on the part of the applicant to pass the first examination, such person may, with the consent of the board, within 18 months, by filing an application accompanied by a fee fixed by the board by rules and regulations in an amount of not to exceed $150, take a second examination; for the third and each subsequent examination a fee fixed by the board by rules and regulations in an amount of not to exceed $150. Any examination fee and license fee fixed by the board under this subsection which is in effect on the day preceding the effective date of this act shall continue in effect until the board adopts rules and regulations under this subsection fixing a different fee therefore.

(f) Subject to the requirements of subsection (h), any applicant for reciprocal licensure may in the board's discretion be licensed and issued a license without examination in the category of licensure under the optometry law for which application is made if the applicant has been in the active practice of optometry in another state for at least the three-year period immediately preceding the application for reciprocal licensure and the applicant:

(1) Presents a certified copy of a certificate of registration or license which has been issued to the applicant by another state where the requirements for licensure are deemed by the board to be equivalent to the requirements for licensure in the category of licensure under this act for which application is made, if such state accords a like privilege to holders of a license issued by the board;

(2) submits a sworn statement of the licensing authority of such other state that the applicant's license has never been limited, suspended or revoked and that the applicant has never been censured or had other disciplinary action taken; and

(3) successfully passes an examination of Kansas law administered by the board and such clinical practice examination as the board deems necessary.

Subject to the requirements of subsection (h), if such applicant was first licensed in another state prior to July 1, 1987, the applicant shall be required to satisfy only the requirements of the category of licensure under the optometry law for which application is made and which existed in this state at the time of the applicant's licensure in such other state; or, if such requirements did not exist in this state at the time of the applicant's licensure in such other state, the applicant shall be required to satisfy only the requirements of the category of licensure under the optometry law for which application is made which originally were required for that category of licensure. If such applicant was first licensed in another state on or after July 1, 1987, the applicant shall apply to initially be issued a diagnostic and therapeutic license and shall be required to satisfy all the requirements of that category of licensure under this act. The fee for licensing such applicants shall be fixed by the board by rules and regulations in an amount of not to exceed $450. The reciprocal license fee fixed by the board under this subsection which is in effect on the day preceding the effective date of this act shall continue in effect until the board adopts rules and regulations under this subsection fixing a different fee therefore.

(g) The board shall adopt rules and regulations establishing the criteria which a school or college of optometry shall satisfy in meeting the requirement of approval by the board established under subsection (a). The board may send a questionnaire developed by the board to any school or college of optometry for which the board does not have sufficient information to determine whether the school or college meets the requirements for approval and rules and regulations adopted under this act. The questionnaire providing the necessary information shall be completed and returned to the board in order for the school or college to be considered for approval. The board may contract with investigative agencies, commissions or consultants to assist the board in obtaining information about schools or colleges. In entering such contracts the authority to approve schools or colleges shall remain solely with the board.

(h) To be entitled to practice optometry in Kansas after May 31, 2008, an optometrist must have met the requirements of and become a therapeutic licensee. To be entitled to practice optometry in Kansas after May 31, 2010, an optometrist must have met: (1) The requirements of and become a therapeutic licensee and (2) the requirements of and become a glaucoma licensee.

History: L. 1923, ch. 220, § 9; R.S. 1923, 65-1505; L. 1939, ch. 240, § 2; L. 1951, ch. 360, § 1; L. 1975, ch. 318, § 3; L. 1979, ch. 192, § 1; L. 1987, ch. 235, § 3; L. 1988, ch. 243, § 6; L. 1990, ch. 223, § 3; L. 1996, ch. 95, § 3; L. 1999, ch. 23, § 3; L. 2003, ch. 46, § 1; July 1.

65-1508. Act not to prevent persons licensed to practice medicine from performing certain acts or services; authorizing the delegation of certain examination procedures to assistants; limitations and prohibitions upon examination procedures performed by assistants. (a) Nothing in this act shall be construed to prevent persons who are licensed to practice medicine and surgery in this state from performing the acts or services authorized for optometrists under the optometry law or from delegating the performance of screening procedures for visual acuities, color vision, visual fields and intraocular pressure to assistants.

(b) The examination procedures performed by assistants to optometrists or ophthalmologists shall be limited to data gathering at the direct request of the ophthalmologist or optometrist and to those examination procedures which do not require professional interpretation or professional judgment. These examination procedures may be performed by assistants only under the immediate and personal supervision and within the office of an ophthalmologist or optometrist. Delegation to such assistants of the external and internal evaluation of the eye, biomicroscopic evaluation, subjective refraction, gonioscopic evaluation, final contact lens fit evaluation, orthoptic and strabismus evaluations, visual training evaluations, analysis of findings and the prescribing of ophthalmic lenses are prohibited.

(c) Persons who dispense ophthalmic materials pursuant to the prescription of a person licensed to practice medicine and surgery or optometry shall not be construed to be assistants within the meaning of this section.

History: L. 1923, ch. 220, § 12; R.S. 1923, 65-1508; L. 1939, ch. 240, § 3; L. 1976, ch. 270, § 4; L. 1977, ch. 216, § 2; L. 1990, ch. 223, § 4; July 1.

65-1509. Notification of registered location of practice; annual renewal, fee; expiration of license, notice; cancellation of license; reinstatement, fee. (a) Before engaging in the practice of optometry in this state, it shall be the duty of each licensed optometrist to notify the board in writing of the address of the office or offices where such licensee is to engage or intends to engage in the practice of optometry and of any changes in the licensee's location of practice. Any notice required to be given by the board to any licensed optometrist may be given by mailing to such address through the United States mail, postpaid.

(b) Any license to practice optometry issued by the board shall expire on May 31 of the year specified by the board for the expiration of the license and shall be renewed on a biennial basis in accordance with this section. The request for renewal shall be on a form provided by the board and shall be accompanied by the prescribed fee, which shall be paid no later than the expiration date of the license.

(c) Commencing with the renewal of licenses that expire on May 31, 2004, each license shall be renewed on a biennial basis. To provide for a system of biennial renewal of licenses, the board may provide by rules and regulations that licenses issued or renewed may expire less than two years from the date of issuance or renewal. On or before May 1 each year, the board shall determine the amount that may be necessary for the next ensuing fiscal year to carry out and enforce the provisions of the optometry law, and shall fix by rules and regulations the renewal fee and the fees provided for in K.S.A. 65-1505 and amendments thereto, in such amounts as may be necessary for that purpose. The biennial renewal fee shall not exceed $800. Upon fixing such fees, the board shall immediately notify all licensees of the amount of such fees for the ensuing biennial renewal period. In every renewal year hereafter, every licensed optometrist shall pay to the board of examiners a fee for a renewal of such license for each biennial renewal period. The license renewal fee fixed by the board under this subsection which is in effect on the day preceding the effective date of this act shall continue in effect until the board adopts rules and regulations under this subsection fixing a different fee therefore.

(d) The payment of the renewal fee by the person who is a holder of a license as an optometrist but who has not complied with the continuing education requirements fixed by the board, if no grounds exist for denying the renewal of the license other than that the person has not complied with the continuing education requirement fixed by the board, shall entitle the person to inactive status licensure by the board. No person holding an inactive status license from the board shall engage in the practice of optometry in this state. A person holding an inactive status license from the board shall be entitled to cancellation of the inactive status license and to renewal of licensure as an optometrist upon furnishing satisfactory evidence to the board that such person has obtained the equivalent of all missed continuing education requirements to date, and payment of an additional fee fixed by the board through rule and regulation in an amount not to exceed $450.

(e) At least 30 days before the expiration of the licensee's license, the board shall notify each licensee of the expiration by mail addressed to the licensee's last known address. If the licensee fails to pay the annual fee or show proof of compliance with the continuing education requirements by the date of the expiration of the license, the licensee shall be mailed a second notice that the licensee's license has expired, that the board shall suspend action for 30 days following the date of expiration, that upon receipt of the annual fee together with an additional fee not to exceed $500, within the thirty-day period, no order of cancellation will be entered and that, if both fees are not received within the thirty-day period, the license shall be canceled.

(f) To have a license to practice optometry in Kansas renewed after May 31, 2008, an optometrist must have met the requirements of and become a therapeutic licensee. To have a license to practice optometry in Kansa renewed after May 31, 2010, an optometrist must have met: (1) The requirements of and become a therapeutic licensee and (2) the requirements of and become a glaucoma licensee.

(g) Any licensee who allows the licensee's license to lapse or be canceled by failing to renew as herein provided, may be reinstated by the board upon payment of the renewal fees then due and upon proof of compliance with the continuing education requirements established by the board. As an additional requirement of reinstatement, in cases in which the board deems it appropriate, the licensee may be required to successfully pass the examination given by the board to applicants for licensure or such other competency examination as the board may choose.

History: L. 1923, ch. 220, § 13; R.S. 1923, 65-1509; L. 1951, ch. 360, § 2; L. 1960, ch. 50, § 1; L. 1975, ch. 317, § 1; L. 1975, ch. 318, § 6; L. 1979, ch. 192, § 2; L. 1990, ch. 223, § 5; L. 1999, ch. 23, § 4; Apr. 1.

65-1509a. Continuing education requirements. In addition to the payment of the license renewal fee, each licensee, other than one who has graduated from an optometry school within 12 months of the date of the application for renewal, applying for license renewal shall furnish to the secretary of the board satisfactory evidence of successfully completing a minimum of 24 hours of continuing education programs, five hours of which shall relate to ocular pharmacology, therapeutics or related topics of study, approved by the board in the year just preceding such application for the renewal of the license. The board, in its discretion, may increase the required hours of continuing education by rules and regulations adopted by the board. On or before April 1 of each year, the secretary of the board shall send a written notice of continuing education requirements to this effect to every person holding a valid license to practice optometry within the state. Such notice shall be directed to the last known address of such licensee.

History: L. 1939, ch. 240, § 7; L. 1975, ch. 318, § 7; L. 1987, ch. 235, § 4; L. 1990, ch. 223, § 6; L. 1999, ch. 23, § 5; Apr. 1.

65-1511. Partial invalidity of act. In case for any reason any paragraph or any provision of this act shall be questioned in any court of last resort, and shall be held by such court to be unconstitutional or invalid, the same shall not be held to affect any other paragraph or provision of this act.

History: L. 1923, ch. 220, § 16; June 9; R.S. 1923, 65-1511.

65-1512. Title of act. This act shall be known and may be cited as the optometry law.

History: L. 1923, ch. 220, § 16; R.S. 1923, 65-1512; L. 1990, ch. 223, § 7; July 1.

65-1513. Violation of act. Any person who violates any of the provisions of this act shall be guilty of a class C misdemeanor for the first offense, and for the second and each subsequent offense shall be guilty of a class B misdemeanor. It is the duty of the respective county and district attorneys to prosecute all violators of this act.

History: L. 1923, ch. 220, § 17; R.S. 1923, 65-1513; L. 1973, ch. 134, § 51; L. 1974, ch. 295, § 4; L. 1978, ch. 105, § 19; L. 1990, ch. 223, § 8; July 1.

65-1514. Act supplemental. The provisions of K.S.A. 65-1501a, 65-1504a, 65-1504b, 65-1509a and 65-1516 to 65-1525, inclusive, and amendments thereto, are a part of and supplemental to the optometry law.

History: L. 1975, ch. 318, § 10; L. 1990, ch. 223, § 9; July 1.

65-1515. Immunity from liability in civil actions for reporting, communicating and investigating certain information concerning alleged malpractice incidents and other information; conditions. (a) No person reporting to the board of examiners in optometry under oath and in good faith any information such person may have relating to alleged incidents of malpractice or the qualifications, fitness or character of a person licensed to practice optometry shall be subject to a civil action for damages as a result of reporting such information.

(b) Any state, regional or local association of licensed optometrists and the individual members of any committee thereof, which in good faith investigates or communicates information pertaining to the alleged incidents of malpractice or the qualifications, fitness or character of any licensee to the board of examiners in optometry or to any committee or agent thereof, shall be immune from liability in any civil action, that is based upon such investigation or transmittal of information if the investigation and communication was made in good faith and did not represent as true any matter not reasonably believed to be true.

History: L. 1976, ch. 261, § 2; July 1.

65-1516. Professional incompetence; unprofessional conduct; defined. As used in this act:

(a) "Professional incompetence" means:

(1) One or more instances involving failure to adhere to the applicable standard of care to a degree which constitutes gross negligence as determined by the board.

(2) Repeated instances involving failure to adhere to the applicable standard of care to a degree which constitutes ordinary negligence, as determined by the board.

(3) A pattern of practice or other behavior which demonstrates a manifest incapacity or incompetence to practice optometry.

(b) "Unprofessional conduct" means:

(1) Using fraudulent or false advertisement.

(2) Engaging in the practice of optometry as an agent or employee of a person not licensed under the optometry law.

(3) Conduct likely to deceive, defraud or harm the public.

(4) Making a false or misleading statement regarding the licensee's skill or the efficacy or value of the drug, treatment or remedy prescribed by the licensee or at the licensee's direction.

(5) Aiding or abetting the practice of optometry by an unlicensed, incompetent or impaired person.

(6) Allowing another person or organization to use the licensee's license to practice optometry.

(7) Commission of any act of sexual abuse, misconduct or exploitation related to the licensee's professional practice.

(8) The use of any false, fraudulent or deceptive statement in any document connected with the practice of optometry.

(9) Obtaining any fee by fraud, deceit or misrepresentation.

(10) Directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, other than through the legal functioning of lawful professional partnerships, corporations or associations.

(11) Performing unnecessary tests, examinations or services which have no legitimate optometric purpose.

(12) Charging an excessive fee for services rendered.

(13) Prescribing, dispensing, administering, distributing a prescription drug or substances, in an excessive, improper or inappropriate manner or quantity or not in the course of the licensee's professional practice.

(14) Repeated failure to practice optometry with that level of care, skill and treatment which is recognized by a reasonably prudent similar practitioner as being acceptable under similar conditions and circumstances.

(15) Failure to keep written optometry records which describe the services rendered to the patient, including patient histories, pertinent findings, examination results and test results.

(16) Delegating professional responsibilities to a person when the licensee knows or has reason to know that such person is not qualified by training, experience or licensure to perform them.

(17) Using experimental forms of therapy without proper informed patient consent, without conforming to generally accepted criteria or standard protocols, without keeping detailed legible records or without having periodic analysis of the study and results reviewed by a committee of peers.

(18) Allowing improper interference with the licensee's professional judgment in providing patient care.

(19) Allowing optometric services to be provided by a person or entity not qualified to do so under state law.

(20) Failure to disclose to the patient the identity of the licensee who performs optometric services before the time optometric services are performed.

(21) Failure to maintain minimum standards for ophthalmic goods and services provided by the licensee determined by rules and regulations of the board.

(22) Willful betrayal of a patient's confidence.

(23) Prescribing, purchasing, administering, selling or giving away prescription drugs, including a controlled substance, for other than legal and legitimate purposes.

History: L. 1990, ch. 223, § 12; L. 1999, ch. 23, § 6; Apr. 1.

65-1517. Revocation, suspension or limitation of license; censure; grounds. A licensee's license may be revoked, suspended or limited, or the licensee may be publicly or privately censured, upon a finding of the existence of any of the following grounds:

(a) The licensee has committed fraud or misrepresentation in applying for or securing an original or renewal license.

(b) The licensee has committed an act of unprofessional conduct or professional incompetence.

(d) The licensee has used fraudulent or false advertisements.

(e) The licensee has willfully or repeatedly violated the optometry law, the pharmacy act of the state of Kansas or the uniform controlled substances act, or any rules and regulations adopted pursuant thereto.

(f) The licensee has unlawfully performed practice acts of optometry for which the licensee is not licensed to practice.

(g) The licensee has failed to pay annual renewal fees specified in this act.

(h) The licensee has failed to comply with the annual continuing education requirements as required by this act and the board.

(i) The licensee has engaged in the practice of optometry under a false or assumed name, or the impersonation of another practitioner. The provisions of this subsection relating to an assumed name shall not apply to licensees practicing under a professional corporation or other legal entity duly authorized to provide such professional services in the state of Kansas.

(j) The licensee has the inability to perform optometry practice acts for which the licensee is licensed with reasonable skill and safety to patients by reason of illness, alcoholism, excessive use of drugs, controlled substances, chemical or any other type of material or as a result of any mental or physical condition. In determining whether or not such inability exists, the board, upon probable cause, shall have authority to compel a licensee to submit to mental or physical examination by such persons as the board may designate. The licensee shall submit to the board a release of information authorizing the board to obtain a report of such examination. A person affected by this subsection shall be offered, at reasonable intervals an opportunity to demonstrate that such person can resume the competent practice of optometry with reasonable skill and safety to patients. For the purpose of this subsection, every person licensed to practice optometry and who shall accept the privilege to practice optometry in this state by so practicing or by the making and filing of an annual renewal to practice optometry in this state shall be deemed to have consented to submit to a mental and physical examination when directed in writing by the board and further to have waived all objections to the admissibility of the testimony or examination report of the person conducting such examination at any proceeding or hearing before the board on the grounds that such testimony or examination report constitutes a privileged communication. In any proceeding by the board pursuant to the provisions of this subsection, the record of such board proceedings involving the mental and physical examination shall not be used in any other administrative or judicial proceeding.

(k) The licensee has had a license to practice optometry revoked, suspended or limited, has been censured or has had other disciplinary action taken, or an application for a license denied, by the proper licensing authority of another state, territory, District of Columbia, or other country, a certified copy of the record of the action of the other jurisdiction being conclusive evidence thereof.

(l) The licensee has violated any lawful rules and regulations promulgated by the board or violated any lawful order or directive of the board previously entered by the board.

(m) The licensee has cheated on or attempted to subvert the validity of the examination for a license.

(n) The licensee has been found to be mentally ill, disabled, not guilty by reason of insanity, not guilty because the licensee suffers from a mental disease or defect or incompetent to stand trial by a court of competent jurisdiction.

(o) The licensee has violated a federal law or regulation relating to controlled substances.

(p) The licensee has failed to furnish the board, or its investigators or representatives, any information legally requested by the board.

(q) Sanctions or disciplinary actions have been taken against the licensee by a peer review committee, health care facility or a professional association or society for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.

(r) The licensee has failed to report to the board any adverse action taken against the licensee by another state or licensing jurisdiction, a peer review body, a health care facility, a professional association or society, a governmental agency, by a law enforcement agency or a court for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.

(s) The licensee has surrendered a license or authorization to practice optometry in another state or jurisdiction or has surrendered the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.

(t) The licensee has failed to report to the board surrender of the licensee's license or authorization to practice optometry in another state or jurisdiction or surrender of the licensee's membership on any professional staff or in any professional association or society while under investigation for acts or conduct which would constitute grounds for disciplinary action under this section.

(u) The licensee has an adverse judgment, award or settlement against the licensee resulting from a medical liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.

(v) The licensee has failed to report to the board any adverse judgment, settlement or award against the licensee resulting from a malpractice liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under this section.

(w) The licensee has failed to maintain a policy of professional liability insurance as required by K.S.A. 40-3402 or 40-3403a and amendments thereto or pay the annual premium as required by K.S.A. 40-3404 and amendments thereto.

(x) The licensee has knowingly submitted any misleading, deceptive, false or fraudulent representation on a claim form bill or statement.

(y) The licensee has failed to provide to a patient the patient's written prescription for lenses for eyeglasses subsequent to the completion of the eye examination in accordance with applicable state or federal law.

History: L. 1990, ch. 223, § 13; L. 1995, ch. 251, § 34; Jan. 1, 1996.

65-1518. Administrative proceedings; procedure; review; civil enforcement; costs. (a) All administrative proceedings provided for by article 15 of chapter 65 of the Kansas Statutes Annotated and affecting any licensee licensed under that article shall be conducted in accordance with the provisions of the Kansas administrative procedure act.

(b) Judicial review and civil enforcement of any agency action under article 15 of chapter 65 of the Kansas Statutes Annotated shall be in accordance with the act for judicial review and civil enforcement of agency actions.

(c) If any order of the board in any administrative proceedings provided for by article 15 of chapter 65 of the Kansas Statutes Annotated is adverse to the licensee the costs shall be charged to the licensee as in ordinary civil actions in the district court. Witness fees and costs may be taxed in accordance with the statutes governing taxation of witness fees and costs in the district court.

History: L. 1990, ch. 223, § 14; July 1.

65-1519. Federal trade regulations; defense of certain acts. The board shall not suspend, limit, restrict or revoke, the license of a licensee or privately or publicly censure a licensee for any reason or conduct for which a defense is provided for in Title 16, Part 456 of the Code of Federal Regulations and amendments thereto from and after the date such Trade Regulation Rule becomes effective.

History: L. 1990, ch. 223, § 15; July 1.

65-1520. Mental or physical examination of licensee; computation of time limit for hearing. Whenever the board directs, pursuant to subsection (j) of K.S.A. 65-1517, that a licensee submit to a mental or physical examination, the time from the date of the board's directive until the submission to the board of the report of the examination shall not be included in the computation of the time limit for hearing prescribed by the Kansas administrative procedure act.

History: L. 1990, ch. 223, § 16; July 1.

65-1521. Reinstatement of license after revocation. At any time after the expiration of one year, application may be made for reinstatement of any licensee whose license shall have been revoked, and such application shall be addressed to the secretary-treasurer of the board. The board may promulgate such rules and regulations concerning notice and hearing of such application as are deemed necessary.

History: L. 1990, ch. 223, § 17; July 1.

65-1522. Professional corporations, limited liability company, associations, sole practitioners; practice locations, franchise agreements. (a) A licensee may practice optometry under the name of a professional corporation, authorized by K.S.A. 17-2706 and amendments thereto or a limited liability company authorized by K.S.A. 2002 Supp. 17-7668 and amendments thereto. Such professional corporate name or limited liability company name may contain a trade name or assumed name approved by the board.

(b) A licensee may practice as a sole practitioner or may associate with other licensees or health care providers licensed under the laws of the state of Kansas and may practice optometry as a sole practitioner or in such associations under a trade or assumed name approved by the board.

(d) A licensee shall not be limited in the number of locations from which the licensee may engage in the practice of optometry pursuant to subsections (a), (b) and (c).

(e) In all office locations a licensee shall:

(1) Provide adequate staff during the hours of its operation and shall provide the necessary optometric equipment to enable a licensee to provide adequate optometric care on the premises; and

(2) provide that there shall be present at the office location a person licensed by optometry law when optometric practice acts requiring a license are performed at the office location.

(f) Nothing herein contained shall be construed to permit the franchised practice of optometry except that a licensee may purchase a franchise to engage in the business of optical dispensing separate and apart from any of the licensee's offices for the practice of optometry so long as the terms of the franchise agreement do not violate the optometry law.

History: L. 1990, ch. 223, § 18; L. 1996, ch. 95, § 6; L. 1999, ch. 23, § 7; L. 1999, ch. 152, § 1; Jan. 1, 2000.

65-1523. Injunctive relief for violations of act, rules and regulations. The board in its discretion, in addition to any other remedies provided in this act, may apply to a court of competent jurisdiction for injunctive relief to restrain violations of the provisions of this act, lawful rules and regulations promulgated by the board under authority of this act.

History: L. 1990, ch. 223, § 19; July 1.

65-1524. Practice of optometry by corporation or limited liability company prohibited, exceptions. Nothing contained herein shall be construed to allow a corporation except as provided in K.S.A. 17-2706 and amendments thereto or a limited liability company except as provided in K.S.A. 2002 Supp. 17-7668 and amendments thereto to practice, offer, or undertake to practice or hold itself out as practicing optometry.

History: L. 1990, ch. 223, § 20; L. 1999, ch. 23, §8; L. 1999, ch. 152, § 2; Jan. 1, 2000.

65-1525. Confidentiality of communications. The confidential communications between a licensed optometrist and the optometrist's patient are placed on the same basis of confidentiality as provided by law for communications between a physician and the physician's patients.

History: L. 1990, ch. 223, § 21; July 1.

65-1526. Civil fine. Upon a finding of the existence of any of the grounds listed in K.S.A. 65-1517, and amendments thereto, or upon a finding of any violation of the optometry law, in lieu of or in addition to any other action, the board may access a civil fine not in excess of $10,000 against a licensee. All fines collected pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and of the amount so remitted, an amount equal to the board's actual costs, including attorney fees, related to fine assessment and enforcement, as certified by the president of the board to the state treasurer, shall be credited to the optometry board fee fund and the balance shall be credited to the state general fund.

History: L. 1999, ch. 23, § 9; L. 2001, ch. 5, § 227; July 1.

Chapter 65.—PUBLIC HEALTH

Article 28.—HEALING ARTS

65-2887. Assisting unlicensed persons to practice optometry not authorized; exceptions. (a) Nothing in this act shall be construed to authorize any person licensed under this act to knowingly perform any act which in any way assists an unlicensed person, except as provided under subsections (b) and (c), firm, association or corporation (1) to make an examination of the eyes for the prescription of glasses, or (2) to perform any of the practice acts for which optometrists are licensed.

(b) A person who is licensed to practice medicine and surgery may delegate to assistants the performance of screening procedures for visual acuities, color vision, visual fields, and intraocular pressure.

(c) A person who is licensed to practice medicine and surgery and who has completed an approved postgraduate training program in ophthalmology or who is practicing as a fulltime ophthalmologist on the effective date of this act may utilize not more than three (3) assistants to perform examination procedures which may be performed by a person licensed to practice optometry. The examination procedures performed by assistants to ophthalmologists shall be limited to data gathering at the direct request of the ophthalmologist and to those examination procedures which do not require professional interpretation or professional judgment. These examination procedures may be performed by assistants only under the immediate and personal supervision and within the office of an ophthalmologist. Delegation to such assistants of the external and internal evaluation of the eye, biomicroscopic evaluation, subjective refraction, gonioscopic evaluation, final contact lens fit evaluation, orthoptic and strabismus evaluations, visual training evaluations, analysis of findings and the prescribing of ophthalmic lenses are prohibited.

History: L. 1957, ch. 343, § 87; L. 1978, ch. 252, § 1; July 1.

Chapter 65.—PUBLIC HEALTH

Article 49.—HEALTH CARE PROVIDERS

65-4965. Citation of act. K.S.A. 65-4965 to 65-4968, inclusive, and amendments thereto, shall be known as the patient's contact lens prescription release act.
History: L. 2002, ch. 113, § 1; Jan. 1, 2003.

65-4966. Patient entitled to receive copy of contact lens prescription; disclosures; prescription limitations. Each patient shall be entitled to receive a copy of such patient's contact lens prescription once the same prescription has been determined and the adaptation period has been completed. Any prescription for a specific brand of contact lenses available only from the licensed optometrist or person licensed to practice medicine and surgery, but which are generally marketed under an alternate brand, must disclose the name of the manufacturer and the trade name of the alternate brand. No contact lens prescription may be limited by an expiration date or otherwise to a period of less than 12 months from either the date the prescription is first determined or the last date of the contact lens evaluation by a licensed optometrist or a person licensed to practice medicine and surgery, whichever date is later, unless a health related reason for the limitation is noted in the patient's medical record. History: L. 2002, ch. 113, § 3; Jan. 1, 2003.

65-4967. Definition of person dispensing contact lenses for purposes of section; persons mailing contact lenses to patients in Kansas; registration requirements; fees; moneys remitted to state board of healing arts. (a) For purposes of this section a person dispensing contact lenses means a person or entity not licensed under K.S.A. 65-1505, and amendments thereto, or licensed to practice medicine and surgery in Kansas who mails or delivers, using commercial courier or overnight or other delivery services contact lenses to patients in Kansas pursuant to a contact lens prescription which such person or entity did not determine.
      (b) No person dispensing contact lenses as defined under subsection (a) may dispense contact lenses to Kansas residents unless such person meets the criteria of this section, is registered under this section and pays the annual registration fee set by the state board of healing arts. Registration fees shall not exceed the annual fee for an initial or renewal permit to practice optometry in this state as provided in K.S.A. 65-1505 and amendments thereto.
      (c) Approval of the registration for dispensing contact lenses shall be provided by the state board of healing arts upon certification by the person dispensing the contact lenses that such person:
      (1) Is licensed or registered to dispense contact lenses in the state where the dispensing facility is located, if required to be licensed or registered in such state;
      (2) provides the location, names and titles of all principal corporate officers and of the individual who is responsible for overseeing the dispensing of contact lenses in Kansas;
      (3) complies with directions and appropriate requests for information from the regulating agency of each state where such person is licensed or registered;
      (4) will respond directly and within a reasonable period of time, not to exceed 15 days, to all communications from the state board of healing arts concerning the dispensing of contact lenses in Kansas;
      (5) maintains records of contact lenses and their corresponding valid, unexpired prescription dispensed in Kansas;
      (6) agrees to cooperate with the state board of healing arts in providing information to the regulatory agency of any state where it is licensed or registered concerning matters related to the dispensing of contact lenses in Kansas;
       (7) provides a toll-free telephone service for responding to questions and complaints from individuals in Kansas during such person's regular hours of operation and agrees to (a) include the toll-free number in literature provided with contact lenses and (b) refer all questions relating to eye care for the lenses prescribed to the licensee who determined the contact lens prescription;
      (8) provides the following, or substantially equivalent, written notification to the patient whenever contact lenses are supplied:

WARNING: IF YOU ARE HAVING ANY OF THE FOLLOWING SYMPTOMS, REMOVE YOUR LENSES IMMEDIATELY AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES AGAIN: UNEXPLAINED EYE DISCOMFORT, WATERING, VISION CHANGE OR REDNESS;

      (9) fills contact lens prescriptions according to the strict directions of a person licensed to practice optometry or person licensed to practice medicine and surgery in Kansas, without any deviation or substitution of lenses; and
      (10) consents in writing to the personal and subject matter jurisdiction of the district courts of this state and the state board of healing arts for actions arising out of this act.
(d)        The state board of healing arts may temporarily suspend or temporarily limit the registration of any person dispensing contact lenses to Kansas residents in accordance with the emergency adjudicative proceedings under the Kansas administrative procedure act if the board determines that there is cause to believe that any of the requirements of subsection (c) and that the registrant's continued dispensing of contact lenses to Kansas residents would constitute an imminent danger to the public health and safety.
(e) The state board of heling arts shall remit all moneys received unter this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the healing arts fee fund.
      History: L. 2002, ch. 113, § 4; Jan. 1, 2003, 2010.

65-4968. Revocation of registration or license for failure to comply with requirements of act; civil fines for violations; disposition of moneys; injunction remedy for violations; enforcement of act. (a) The board of examiners in optometry may revoke the license of any person who is licensed by the board of examiners in optometry and who is dispensing contact lenses in Kansas under this act for failure to comply with the requirements set forth in the patient's contact lens prescription release act. The state board of healing arts may revoke the registration or license of any person who is registered under K.S.A. 65-4967, and amendments thereto, or licensed by the state board of healing arts and who is dispensing contact lenses in Kansas under this act for failure to comply with the requirements of the patient's contact lens prescription release act.
      (b) (1) Upon a finding of any violation of the patient's contact lens prescription release act, in lieu of or in addition to any other action, the board of examiners in optometry for persons licensed by the board of examiners in optometry or the state board of healing arts for persons subject to the provisions of K.S.A. 65-4967, and amendments thereto, registered under K.S.A. 65-4967, and amendments thereto, or licensed by the state board of healing arts to practice medicine and surgery may assess a civil fine not in excess of $10,000 against such person dispensing contact lenses under this act.
      (2) The board of examiners in optometry shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance the state treasurer shall deposit the entire amount in the state treasury. The state treasurer shall then deposit into the optometry fee fund an amount from such deposits equal to the board's actual costs, including attorney fees, related to fine assessment and enforcement as certified by the president of the board. All expenditures from such funds shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person designated by the president.
      (3) The state board of healing arts shall remit all moneys received under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of such remittance the state treasurer shall deposit the entire amount in the state treasury. The state treasurer shall then deposit into the healing arts fee fund an amount from such deposits equal to the board's actual costs, including attorney fees, related to fine assessment and enforcement as certified by the president of the board. All expenditures from such funds shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person designated by the president.
      (c) If a person dispensing contact lenses is operating in violation of the patient's contact lens prescription release act, for persons licensed by the board of examiners in optometry, the board of examiners in optometry or the attorney general may commence an action to enjoin such person from further violations. If a person dispensing contact lenses who is subject to the provisions of K.S.A. 65-4967, and amendments thereto, is registered under K.S.A. 65-4967, and amendments thereto, or is licensed by the state board of healing arts, is operating in violation of the patient's contact lens prescription release act, the state board of healing arts or the attorney general may commence an action in the name of the state of Kansas to enjoin such person from further violations or from mailing, shipping or otherwise delivering contact lenses in Kansas.
(d)        The board of examiners in optometry shall administer and enforce the provisions of the patient's contact lens prescription release act for persons licensed by the board of examiners in optometry, and the state board of healing arts shall administer and enforce the provisions of the patient's contact lens prescription release act for persons subject to the provisions of K.S.A. 65-4967, and amendments thereto, registered under K.S.A. 65-4967, and amendments thereto, or licensed by the state board of healing arts, and each such board is hereby granted such specific powers as are necessary for the purpose of administering and enforcing such law, including adopting rules and regulations, which rules and regulations shall not be inconsistent with the provisions of the law being enforced.
      History: L. 2002, ch. 113, § 5; Jan. 1, 2003.

65-4969. Contact lens advisory council established; membership on council; expenses of members. (a) There is hereby established a contact lens advisory council to advise the state board of healing arts in carrying out the provisions of the patient's contact lens prescription release act. The council shall consist of three members, all residents of the state of Kansas appointed by the state board of healing arts as follows: One member shall be a person licensed to practice medicine and surgery who specializes in ophthalmology, one member shall be a licensed optometrist and one member shall be a person dispensing contact lenses as defined in the patient's contact lens prescription release act.
      (b) If a vacancy occurs on the council, the state board of healing arts shall appoint a person of like qualifications to fill the vacant position for the unexpired term, if any. The members appointed shall serve at the pleasure of the state board of healing arts.
(c)        Members of the council attending meetings of the council, or attending a subcommittee meeting thereof authorized by the council, shall be paid amounts provided in subsection (e) of K.S.A. 75-3223 and amendments thereto from the healing arts fee fund.
      History: L. 2002, ch. 113, § 6; Jan. 1, 2003.

Chapter 74.--STATE BOARDS, COMMISSIONS
AND AUTHORITIES

Article 15.--BOARD OF EXAMINERS IN OPTOMETRY

74-1501. Board of examiners in optometry; appointment; qualifications; vacancies; removal. The governor shall appoint a board of examiners in optometry for the state of Kansas, consisting of five members. Four members shall be selected after consideration of a list of four or more names for each appointment, submitted by the Kansas optometric association, or its successor. One member shall be a representative of the general public. No person other than the member representing the general public shall be eligible for appointment as a member of the board unless such person has been engaged in the actual practice of optometry in the state of Kansas continuously for five years and is a resident thereof. All members shall serve for a term of three years, but in no case shall any member be appointed for more than three successive three-year terms. In the case of a vacancy in the membership of the board for any reason, the governor shall appoint a successor of like qualifications to fill the unexpired term, and in making such appointment the governor shall give consideration to the list of persons last submitted. Each member of the board shall hold office until a successor is duly appointed and qualified. The governor shall have the power to remove from office any member of the board for neglect of duty, incompetence, improper or unprofessional conduct.

History: L. 1923, ch. 220, § 4; R.S. 1923, 74-1501; L. 1975, ch. 318, § 9; L. 1978, ch. 308, § 56; L. 1981, ch. 299, § 52; L. 1996, ch. 95, § 4; Apr. 4.

74-1502. Board of examiners in optometry; records; quorum. The board shall keep a record in which shall be registered the name, residence, place of business, date of issuance of license, renewals, limitations revocations and suspensions of a license of every person authorized under the optometry law to practice optometry in this state. A majority of the board shall constitute a quorum.

History: L. 1923, ch. 220, § 5; R.S. 1923, 74-1502; L. 1990, ch. 223, § 10; July 1.

74-1503. Officers; compensation and expenses; fees, disposition; optometry fee fund. At the regular meeting of the board in April of every year it shall elect from its own membership a president, a vice-president and a secretary-treasurer.

Members of the board of examiners in optometry attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. The board may appoint a secretary-treasurer who shall be in the unclassified service of the Kansas civil service act. The secretary-treasurer shall receive an annual salary which shall be fixed by the board and approved by the state finance council. The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the optometry fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the board or by a person or persons designated by the president.

History: L. 1923, ch. 220, § 6; R.S. 1923, 74-1503; L. 1951, ch. 360, § 3; L. 1956, ch. 52, § 18; L. 1957, ch. 431, § 13; L. 1963, ch. 398, § 20; L. 1973, ch. 309, § 28; L. 1974, ch. 348, § 51; L. 2001, ch. 5, § 306; July 1.

74-1504. Same; powers and duties; examinations; meetings. (a) The board shall administer and enforce the provisions of the optometry law, and the board is hereby granted such specific powers as are necessary for the purpose of administering and enforcing such law. In addition, the board may:

(1) Employ agents, attorneys and inspectors under such rules and regulations as the board may prescribe in accordance with the provisions of the optometry law, except that no state officer shall be eligible for employment by the board.

(2) Make all necessary disbursements, to carry out the provisions of this act, including payment for stationery supplies, acquire all necessary optical instruments to be used in the conducting of examination, print and distribute to all optometrists in the state a yearbook of the names and addresses of all optometrists licensed by the board.

(3) Grant all licenses as seem just and proper and to suspend, limit, revoke or refuse to renew any such licenses granted for any of the causes specified under K.S.A. 65-1506 and amendments thereto.

(4) Administer oaths and take testimony upon granting or refusing to grant, revoking, limiting or suspending licenses.

(5) Issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the district courts. In case of disobedience on the part of any person to comply with any subpoena issued in behalf of the board, or on the refusal of any witness to testify to any matters regarding which such witness may be lawfully interrogated, the judge of the district court of any county, on application of a member of the board, may compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify in such court. Each witness who appears before the board by the board's order or subpoena, other than a state officer or employee, shall receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record which shall be audited and paid upon the presentation of proper vouchers sworn to by such witnesses and approved by the president and secretary-treasurer of the board.

(6) Adopt rules and regulations for the procedure and conduct of the board and for the administration of the optometry law, which rules and regulations shall not be inconsistent with the provisions of the optometry law.

(b) The board shall meet at least annually for the purpose of examining applicants for licensure. Such meetings shall be held in Topeka. At least 30 days prior to the examination, the board shall cause a special notice to be published in the Kansas register stating the date and hour for holding such examination. Special meetings shall be held at such times and places as the board may direct.

(c) The board shall preserve an accurate record of all meetings and proceedings of the board including receipts and disbursements with vouchers therefore and complete minutes of all prosecutions and violations of the optometry law and of examinations held under the provisions of the optometry law and an accurate inventory of all property of the board. All such records shall be kept in the office of the board and made accessible to the public.

History: L. 1923, ch. 220, § 7; R.S. 1923, 74-1504; L. 1939, ch. 240, § 8; L. 1943, ch. 269, § 15; L. 1953, ch. 366, § 1; L. 1967, ch. 434, § 27; L. 1990, ch. 223, § 11; July 1.

74-1505. Interprofessional advisory committee; appointment; duties; report to legislature. (a) No later than 30 days following the effective date of this act, the board shall appoint a seven-member committee to be known as the interprofessional advisory committee which, subject to approval of the board, shall have general responsibility for the establishment, review and monitoring of the procedures for co-management by optometrists and ophthalmologists of adult open-angle glaucoma.

(b) The interprofessional advisory committee shall consist of one member of the board appointed by the board who shall serve as a nonvoting chair, together with three optometrists licensed to practice optometry in this state chosen by the board from those nominated by the Kansas optometric association and three ophthalmologists licensed to practice in this state chosen by the board from those nominated by the Kansas medical society and the Kansas association of osteopathic medicine. The Kansas optometric association and Kansas medical society shall submit six nominees to the board. The Kansas association of osteopathic medicine shall submit two nominees to the board. Persons appointed to the committee shall serve terms of three years and without compensation. All expenses of the committee shall be paid by the board.

(1) An ongoing quality assessment program including the monitoring and review of co-management of patients pursuant to subsection (d) of K.S.A. 65-1505 and amendments thereto;

(2) requirements for the education and clinical training necessary for glaucoma licensure, which shall be submitted to the board within 90 days following appointment;

(3) criteria for evaluating the training or experience acquired in other states by applicants for glaucoma licensure;

(4) requirements for annual reporting during a glaucoma licensee's co-management period to the committee and the board which shall be submitted to the board within 90 days following appointment;

(5) the classes and mix of patients either suspected of having or diagnosed as having adult open-angle glaucoma who may be included in the number of co-management cases required by subsection (d) of K.S.A. 65-1505 and amendments thereto, which shall be submitted to the board within 90 days following appointment; and

(6) requirements for annual continuing education by glaucoma licensees.

(d) After considering the recommendations of the committee pursuant to subparagraph (c), the board shall proceed to adopt procedures to confirm that each applicant has completed the requirements for glaucoma licensure.

(e) The interprofessional advisory committee shall also review the educational and clinical prerequisites of optometrists to use oral pharmaceutical drugs and identify those classes of oral pharmaceutical drugs which are effective treatments for ocular diseases and conditions.

(f) The interprofessional advisory committee shall review the advisability of expanding the scope of practice of optometrists to prescribe certain oral drugs for ocular conditions for children under six years of age.

(g) The interprofessional advisory committee shall review new classes of drugs with ocular uses and advise the Kansas State Board of Examiners in Optometry about such drugs.

(h) This section shall be part of and supplemental to the optometry law.

History: L. 1996, ch. 95, § 5; L. 1999, ch. 23, § 10; Apr. 1.

Chapter 74.--STATE BOARDS, COMMISSIONS
AND AUTHORITIES

Article 32.—HIGHER EDUCATION COORDINATION; STATE BOARD OF REGENTS

74-3270. Guaranteed admission of Kansas residents at schools of optometry. For the purposes of designating persons for guaranteed admission to and continued enrollment at accredited schools or colleges of optometry in a course of instruction leading to a degree in optometry in accordance with a contract under K.S.A. 76-721a and amendments thereto, the state board of regents shall designate persons who are Kansas residents and who enter into a written agreement with the state board of regents in accordance with K.S.A. 74-3271.

History: L. 1985, ch. 303, § 1; July 1.

74-3271. Optometry schools or colleges, guaranteed admission of Kansas residents; agreements; practice obligation. An agreement entered into by the state board of regents and a Kansas resident who is an undergraduate student enrolled in or admitted to an accredited school or college of optometry pursuant to a contract which provides for guaranteed admission and continued enrollment of such person therein and which was entered into for such purpose under K.S.A. 76-721a, and amendments thereto, shall require that the person:

(a) Complete the required course of instruction in optometry and receive the degree therefore;

(b) apply for and obtain a license to practice optometry in Kansas;

(c) engage in the practice of optometry in Kansas on a full-time basis for a period of 12 months for each year in which such person is enrolled in the school or college of optometry and for which an annual amount is paid therefor by the state board of regents pursuant to a contract under K.S.A. 76-721a, and amendments thereto, or engage in the practice of optometry in Kansas on a part-time basis for a period equivalent to 12 months, as determined by the state board of regents, for each year in which such person is enrolled in the school or college of optometry and for which an annual amount is paid therefore by the state board of regents pursuant to a contract under K.S.A. 76-721a, and amendments thereto;

(d) (1) with regard to persons entering into an agreement prior to the effective date of this act, commence such full-time or part-time practice of optometry within nine months after licensure and continue such practice in Kansas for a consecutive period of months equal to the total number of months required under the agreement;

(2) with regard to persons entering into an agreement after the effective date of this act, commence such full-time or part-time practice of optometry within six months after licensure and continue such practice in Kansas for a consecutive period of months equal to the total number of months required under the agreement;

(e) maintain records and make reports to the state board of regents to document satisfaction of the obligation under such agreement to engage in the full-time or part-time practice of optometry in Kansas and to continue such practice for a consecutive period of months equal to the total number of months required under the agreement; and

(f) upon failure to satisfy an agreement to engage in the full-time or part-time practice of optometry in Kansas for the required period of time under such agreement, repay amounts to the state board of regents as provided in K.S.A. 74-3272, and amendments thereto.

History: L. 1985, ch. 303, § 2; L. 2001, ch. 151, § 7; July 1.

74-3272. Same; failure to satisfy obligation; repayment, interest rate; waiver, when. (a) Except as otherwise provided in subsection (e) and in K.S.A. 74-3273, and amendments thereto, upon the failure of any person to satisfy the obligation to engage in the full-time or part-time practice of optometry within the state of Kansas for the required period of time under an agreement entered into pursuant to K.S.A. 74-3271, and amendments thereto, such person shall repay to the state board of regents an amount equal to the total of (1) the amount of money paid by the state board of regents for guaranteed admission and continued enrollment of such person in an accredited school or college of optometry pursuant to a contract entered into therefore under K.S.A. 76-721a, and amendments thereto, plus (2) accrued interest from the date such money was paid pursuant to such contract at a rate which is equivalent to the interest rate applicable to loans made under the federal PLUS program at the time such person first entered into an agreement plus five percentage points.

(b) Each person required to repay any amount under this section shall repay an amount totaling the entire amount to be repaid under such agreement for which such obligation is not satisfied, including all interest at the rate prescribed. Except as otherwise provided in this section, such repayment shall be in installment payments and each such installment shall be not less than an amount equal to 1/5 of the total amount which would be required to be paid if repaid in five equal annual installments.

(c) All installment payments under this section shall commence six months after the date of the action or circumstance that causes the failure of the person to satisfy the obligations of such agreement, as determined by the state board of regents based upon the circumstances of each individual case. If an installment payment becomes 91 days overdue, the entire amount outstanding shall become immediately due and payable, including all interest at the rate prescribed.

(d) The total repayment obligation imposed under an agreement entered into pursuant to K.S.A. 74-3271, and amendments thereto, may be satisfied at any time prior to graduation from the accredited school or college of optometry by making a single lump-sum payment equal to the total of (1) the entire amount to be repaid under such agreement upon failure to satisfy the obligation to practice optometry in Kansas, plus (2) all interest thereon at the rate prescribed to the date of payment.

(e) If a person fails to satisfy an obligation to engage in the full-time or part-time practice of optometry in Kansas for the required period of time under an agreement entered into pursuant to K.S.A. 74-3271, and amendments thereto, because such person is engaged in the practice of optometry in a state other than Kansas, and if such person is subject to or currently making repayments under this section, and if such person subsequently commences the practice of optometry in this state which complies with the agreements entered into under such statute, the balance of the repayment amount, including interest thereon, from the time of such commencement of practice until the obligation of such person is satisfied, or until the time such person again becomes subject to repayments, shall be waived. All repayment amounts due prior to such commencement of practice in this state, including interest thereon, shall continue to be payable as provided in this section. If subsequent to such commencement of practice, the person fails to satisfy such obligation, the person again shall be subject to repayments, including interest thereon, as otherwise provided in this section.

(f) The state board of regents is authorized to turn any repayment account arising under the optometry service scholarship program over to a designated loan servicer or collection agency, the state not being involved other than to receive payments from the loan servicer or collection agency at the interest rate prescribed under this section.

History: L. 1985, ch. 303, § 3; L. 1987, ch. 296, § 3; L. 2001, ch. 151, § 8; July 1.

65-4-1. Definitions. For the purpose of these rules and regulations the following terms shall have the meanings respectively ascribed to them.
(a) ``Advertising'' means all representations disseminated in any manner or by any means, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of professional services or ophthalmic goods.
(b) ``Biomicroscopy'' means evaluation of the exterior and interior segments of the eye under highly magnified conditions by use of a biomicroscope.
(c) ``Board'' means the Kansas board of examiners in optometry.

(d) ``Contact lens adaptation'' means the period of time from the initial dispensing of contact lenses until a licensee exercising professional judgment determines by follow-up visits that the patient has achieved an acceptable level of wearing time with no indication of eye health- or vision-related problems.
(e) ``Contact lens evaluation'' means measurement of the anatomical and physiological characteristics of the eyes and lids for designing or determining the fit and effect on the eyes and lids of a therapeutic or cosmetic contact lens, including a plano contact lens.
(f) ``Coordination testing'' means subjective and objective far and near point balance test for the investigation of the binocular functions of accommodation and convergence.
(g) ``External examination'' means objective evaluation of the globe (cornea, aqueous, iris, pupil, conjunctiva), the lids, cilia and lacrimation by use of magnification instruments as required by the licensee.
(h) ``License'' means a license to practice optometry granted pursuant to the optometry law.
(i) ``Licensee'' means a person licensed pursuant to the optometry law to practice optometry.
(j) ``Medical facility'' shall have the meaning ascribed to that term in subsection (c) of K.S.A. 65-411 and amendments thereto.
(k) ``Medical care facility'' shall have the meaning ascribed to that term in K.S.A. 65-425 and amendments thereto.
(l) ``National board examination'' means all parts of the examination being then administered by the national board of examiners in optometry and any examination then being administered by the international association of boards on treatment and management of ocular disease.
(m) ``Office or practice location'' means that address, building, or location, including each location of a mobile facility, where any optometric services or the practice acts are performed and from which a licensee has, maintains, or derives a financial benefit or interest either directly or indirectly.
(n) ``Ophthalmic goods'' means any goods which are used, sold or supplied in conjunction with or as a result of optometric services including, but not limited to:

(1) spectacles;
(2) any component of spectacles;
(3) contact lenses; and
(4) any care products associated with contact lenses.

(o) ``Ophthalmic lenses'' means any type of spectacle or contact lenses.
(p) ``Ophthalmoscopy'' means evaluating the interior anatomy of the eye with a self illuminated magnifying instrument such as an ophthalmoscope.
(q) ``Optometric services'' means those acts which constitute the practice of optometry as defined in K.S.A. 65-1501.
(r) ``Orthoptic or visual training evaluation'' means measuring the sensory, motor, and intersensory functions related to visual perception and coordination of the two eyes for efficient binocular vision by using instrumentation for measuring deviations of visual axes alignment, retinal correspondence, foveal integrity, perception, form and visual memory testing.
(s) ``Person'' means an individual, association, partnership, corporation or other entity.
(t) ``Prescription'' means a verbal or written order from a licensee which designates either the specifications and directions for lenses, prisms, orthoptic exercises or visual training therapy to be used for the aid of any insufficiencies or abnormal conditions of the eyes.
(u) ``Prescription for topical pharmaceutical drugs'' means a verbal or written order, directly from a licensee expressly certified to prescribe drugs pursuant to the optometry law, authorizing the purchase or use of topical pharmaceutical drugs.
(v) ``Refraction'' means the determination of the spherical and cylindrical lens powers required for each eye to achieve the state of emmetropia at a specified distance by use of appropriate instruments capable of producing reliable findings.
(w) ``Topical pharmaceutical drugs'' means drugs administered topically and not by other means for the examination, diagnosis and treatment of the human eye and its adnexae including:

(1) anesthetics;
(2) mydriatics;
(3) cycloplegics;
(4) anti-infectives; and
(5) anti-inflammatory agents limited to a fourteen day supply.

(x) ``Tonometry'' means the measurement of the intraocular pressure by use of an indentation, applanation, or non-contact type of tonometer, capable of producing reliable findings. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 65-1501, K.S.A. 65-1501a, K.S.A. 1991 Supp. 65-1502, K.S.A. 65-1504b and K.S.A. 65-1506; effective May 18, 1992.)

65-4-2. Hearings before the board. (a) All hearings and procedures of the board shall be conducted in accordance with the Kansas administrative procedures act, K.S.A. 77-501 et seq.
(b) Summary adjudicative proceedings may be used for:

(1) a denial of initial licensure;
(2) a cease and desist order, informal admonishment, warning, reprimand, restriction, or limitation;
(3) a cancellation of a license for failure to meet the requirements for license renewal; and
(4) an approval of a trade or assumed name, a declaration that approval to practice under a trade or assumed name has lapsed, or approval of transfer of a trade or assumed name.

(c) Any person subject to a summary adjudicative action may request that the summary proceeding be converted to a conference or formal adjudicative proceeding.
(d) Each order listed in (b) shall contain a notice informing any person subject to the order that a request for review or conversion may be made within 15 days.
(e) Conference adjudicative proceedings may be used for actions in which:

(1) there is no disputed issue of material fact; or
(2) the parties agree to a conference adjudicative proceeding.

(f) All proceedings shall be formal adjudicative proceedings except emergency adjudicative proceedings or proceedings which have been initiated as or converted to conference or summary adjudicative proceedings. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 74-1504; effective May 18, 1992.)

(a)Iinitial license examination                                                                         $150.00
(b) First retaking of license examination                                                             75.00
(c) Second and each subsequent retaking of license examination              45.00
(d) License issued by examination                                                                      30.00
(e) Reciprocal license                                                                                        150.00
(f)(1)Biennial renewal of license                                                                        450.00
    (2) Additional fee to obtain license renewal upon failure to renewal        500.00
        license before expiration date
(g )Conversion of license status from inactive to active                                 100.00
(Authorized by K.S.A. 74-1504; implementing K.S.A. 2009 Supp. 65-1505 and 65-1509 2009; effective May 18, 1992; amended June 7, 1993; amended Sept. 4, 1998; amended Feb. 22, 2002; amended P-____________)

65-4-4. Notice to board. A licensee shall provide notice to the board in writing within 20 days of the following:

(a) the licensee's conviction of a felony, whether or not related to the practice of optometry;
(b) the revocation, suspension or limitation of a licensee's license to practice optometry in another state, territory, nation or the District of Columbia;
(c) the censure of the licensee by the proper licensing authority of another state, territory, nation or the District of Columbia;
(d) a finding by a court of competent jurisdiction that the licensee is mentally ill, disabled, not guilty by reason of insanity or incompetent to stand trial;
(e) sanctions or disciplinary actions taken against the licensee by a peer review committee, medical care facility or professional association or society;
(f) adverse action for acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under the optometry law taken against the licensee by another state or licensing jurisdiction, a peer review body, a medical care facility, a professional association or society, a governmental agency, by a law enforcement agency or a court;
(g) surrender of the licensee's license or authorization to practice optometry in another state or jurisdiction or surrender of the licensee's membership on any professional staff or in any professional association or society;
(h) an adverse judgment, award or settlement against the licensee resulting from a medical liability claim. (Authorized by and implementing K.S.A. 74-1504(a)(6); effective May 18, 1992; amended June 7, 1993.)

65-4-5. Professional judgment. (a) No licensee shall allow any unlicensed person to:

(1) interfere with the licensee's professional judgment; or
(2) control, directly or indirectly, the licensee's professional judgment or practice.

(b) A licensee shall be deemed to have allowed an unlicensed person to improperly interfere with the licensee's professional judgment or control, directly or indirectly, the licensee's professional judgment or practice if the licensee enters into any agreement, arrangement or affiliation with any unlicensed person, other than those which occur as part of a practice authorized by the Kansas professional corporation act or through the lawful functioning of a professional partnership or association with other health care providers, which:

(1) provides for the referral of patients between the licensee and the unlicensed person or entity;
(2) provides for any type of compensation, rebate, commission or remuneration for the referral of patients between the licensee and the unlicensed person or entity;
(3) establishes quotas for the number of examinations performed or prescriptions written by a licensee;
(4) bases any type of compensation, rebate, commission or remuneration to a licensee based on the number of examinations performed or prescriptions written by the licensee;
(5) results in a practice situation which would indicate or imply that:

(A) the unlicensed person is engaged in or maintains an office for the practice of optometry; or
(B) the licensee's practice is being carried on as part of or in association with the business enterprise of the unlicensed person;

(6) prevents all patient prescription files and all records pertaining to the practice of optometry from being the sole property of the licensee and free from involvement with any unlicensed person, firm or corporation;
(7) permits an unlicensed person to directly or indirectly affect:

(A) the nature, scheduling, pricing or manner of performing optometric services;
(B) the licensee's decisions relating to advertising, patient records or patient communications regarding optometric services or ophthalmic goods.

(c) Non-profit benevolent referral services shall not be deemed to be improper interference. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1516; effective May 18, 1992.)

65-5-1. Qualifications for licensure by examination. In addition to other requirements, to be qualified for licensure by examination, an applicant shall:

(a) File a completed application with the secretary-treasurer on a form prescribed by the board;
(b) Advise the board if he or she has ever been the subject of a disciplinary action or, within the preceding 24 months, been the subject of an investigation or proceeding that could lead to disciplinary action by any state professional licensing authority;
(c) Provide sufficient proof that the applicant:

(1) is a graduate of an accredited school or college of optometry;
(2) has never had his or her license to practice optometry revoked;
(3) has never surrendered his or her license to practice optometry as a result of disciplinary action by any state professional licensing authority; and
(4) if the applicant is applying to take any Kansas board examination after January 1, 1993, has successfully completed all parts of the national board examination within the five years preceding application; and
(5) submit the prescribed, non-refundable application fee. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1505; effective May 18, 1992.)

65-5-2. Application for licensure by examination. (a) An application for licensure by examination shall be forwarded to the secretary-treasurer at least 30 days prior to the scheduled examination. The applicant shall submit with the application:

(1) the applicant's academic transcript, proof of receipt of degree, and proof of completion of an optometric program;
(2) the appropriate, non-refundable fee; and
(3) three written references.

(A) two reference shall be from optometrists familiar with the applicant's work.
(B) if the applicant is a student or a recent graduate, one reference shall be from the academic supervisor. For all other applicants, one reference shall be from the current or most recent work supervisor.
(C) references from individuals other than optometrists may be accepted under extenuating circumstances and shall address the applicant's moral character.

(b) Any application found to be insufficient for lack of qualifications may be held by the board for a period up to one year. If the applicant has not supplemented the application to make it sufficient by the end of that year, the application shall expire. Upon expiration, an application may be renewed through submission of a new application, fee and all supporting documents. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1505; effective May 18, 1992.)

65-5-3. Examinations. (a) Kansas state examinations to determine the qualifications of an applicant may be oral, in writing or both at the board's discretion.
(b) These examinations shall include:

(1) an inquiry into the moral qualifications and general learning of each applicant;
(2) tests of the following:

(A) practical, theoretical, psychological and physiological optics;
(B) orthoptics;
(C) theoretical and practical optometry;
(D) anatomy and physiology of the eye;
(E) ocular pathology; and
(F) pharmacology with emphasis on the use of topical pharmaceutical drugs for diagnostic and therapeutic purposes.

(c) After January 1, 1993, any topic addressed as part of the national board examination may be eliminated from the state examinations by the board. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1505; effective May 18, 1992.)

65-5-4. Approved schools or colleges of optometry. An approved school or college of optometry shall be a school or college that has been determined by the board to at least meet the standard of the University of Missouri-St. Louis school of optometry as they existed on January 1, 1991. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1505; effective May 18, 1992.)

65-5-5. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1508; effective May 18, 1992; revoked Dec. 3, 2004.)

65-5-6. Continuing education. (a) Except for any licensee who graduated from an approved optometry school within 12 months before the date of the application for license renewal, each licensed optometrist shall earn annually 24 hours of documented and approved continuing education during each license renewal period.
(b) On and after June 1, 2003, no more than eight hours of the 24 annually required hours of documented and approved continuing education may be obtained through courses that do not include a live presentation. Courses including those presented through the internet, by correspondence, in magazines or other publications, and by VCR, Tape, or CD shall be subject to the limitation specified in this subsection.
(c) Each academic credit hour shall be equivalent to 15 hours of continuing education. Credit for auditing an academic course shall be given for actual hours attended during which instruction was given and shall not exceed the number of hours allowed for academic credit.
(d) The following educational programs may be used to meet the annual educational requirement:

(1) Educational meetings of the American optometric association;
(2) educational meetings of the Kansas optometric association;

(3) scientific sections of the American academy of optometry;
(4) postgraduate courses offered at any accredited school of optometry; and
(5) other educational programs approved by the board.

(e) On and after June 1, 1996, a licensee shall not use the same course to meet the requirements of K.S.A. 65-505(d)(2) and amendments thereto, and the annual continuing education requirement.
(f) Each provider seeking board approval for a continuing education offering shall submit a copy of the continuing education program, schedule, or outline to the secretary-treasurer at least 60 days before the date of the program.
(g) Each licensee shall submit a certificate of attendance to the secretary-treasurer with or before the licensee's application for renewal. The certificate of attendance shall contain the following:

(1) The name of the sponsoring organization;
(2) the name, signature, and address of the licensee;
(3) the number of hours attended;
(4) the subject of the approved education program;
(5) the date of the educational program; and
(6) any other evidence of attendance required by the board.

(h) The certificate of attendance shall be on a form approved by the board and shall be signed by the licensee and an appropriate representative of the sponsoring organization. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 65-1509a; effective May 18, 1992; amended March 7, 1997; amended June 9, 2000; amended April 23, 2003)

(a) file a completed application with the secretary-treasurer on a form prescribed by the board;
(b) submit with the application:

(1) a certified copy of the current registration or license issued by examination from the reciprocal state;
(2) proof that the reciprocal state's requirements for the type of license held by the applicant are equivalent to the requirements for licensure in Kansas of the type applied for;
(3) a sworn statement from the reciprocal state's licensing authority:

(A) stating whether the applicant has ever been the subject of disciplinary action and, if so, the nature thereof; and
(B) stating whether, within the preceding 24 months, the applicant has been the subject of any investigation or proceeding that could lead to disciplinary action;

(4) the prescribed fee;
(5) proof of at least three consecutive years of active practice of optometry in the reciprocal state prior to the date of application for reciprocal licensure; and
(6) a statement that the licensee has not failed the Kansas examination for licensure by examination within the five year period preceding the date of application for reciprocal licensure. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1505; effective May 18, 1992.)

65-5-8. Reinstatement. (a) Any individual seeking reinstatement of a license revoked by the board shall apply using the form prescribed by the board.
(b) Any applicant for license reinstatement shall present evidence satisfactory to the board of full rehabilitation from the offense or condition for which the license was revoked and any other evidence the board deems necessary to determine the application.
(c) The applicants shall comply with all conditions imposed by the board to prove the extent of rehabilitation.
(d) Conditions or restrictions shall be imposed on the reinstatement of the applicant's license as the board deems appropriate. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1509; effective May 18, 1992.)

65-5-9. Suspension, termination or denial of licensee's authority to practice when found in contempt of court pursuant to subsection (f) of K.S.A. 20-1204a. (a) (1) Within 30 days after receipt of a court-ordered notice and a copy of the court order finding an individual in contempt of court in a child support proceeding, the individual shall be notified by the board in writing of the board's intent to suspend, deny or withhold renewal of a license and of the individual's rights and duties under K.S.A. 1995 Supp. 74-147.
(2) If the notice accompanied by the court order provides inadequate information identifying the person in contempt, the person serving the notice shall be promptly contacted by the board for additional information. The 30-day notice shall commence when sufficient information identifying the person to contact is received.

(b) Notice to licensee. The written notice issued by the board shall inform the licensee of the following:

(1) The board's intent to deny, refuse to renew, or suspend a license commencing six months after the date the notice is issued unless the licensee furnishes to the board a court order releasing the individual from the contempt citation; and
(2) If the individual does not furnish the release before the expiration of the six-month period, proceedings will be commenced by the board to deny the issuance, refuse to renew, or to suspend the license following the summary procedure stated in K.S.A. 1995 Supp. 77-537 and amendments thereto.

(1) If an individual has applied for issuance or renewal of a license and is otherwise eligible, a temporary license shall be issued by the board and shall accompany the notice issued pursuant to subsection (b). The temporary license shall be valid for six months after the date of the notice issued pursuant to subsection (b).
(2) If a licensee is eligible to request renewal of a license and has previously received the notice required by subsection (b), the temporary license shall be valid only for the remainder of the six-month period that commenced upon issuance of the notice.
(3) The temporary license shall include a date of issuance and a date of expiration.
(4) A temporary license shall not be extended except that the temporary license may be extended by the board for up to 30 days to prevent extreme hardship for a patient of the licensee.
(5) The licensee shall obtain a release from the court which found the individual in contempt before the permanent license may be issued or renewed by the board.
(6) The release shall be furnished to the board before the expiration of the temporary license. If the release is not furnished within the six-month period of time, the temporary license shall expire and summary proceedings to deny issuance shall be commenced by the board or renewal of the permanent license may be refused by the board.

(1) If the licensee does not provide a copy of the release pursuant to paragraph (c)(5) to the board within the six-month time period, the permanent license shall be denied, refused for renewal or suspended by the board in accordance with the summary proceedings of K.S.A. 1995 Supp. 57-537 and amendments thereto.
(2)(A) The issues at the hearing shall be limited to the following:

(i) the identity of the individual;
(ii) the validity of the notices pursuant to K.S.A. 1995 Supp. 74-147; and
(iii) the validity of any additional conditions imposed by the board if such conditions are otherwise subject to review.

(B) The board shall not have jurisdiction over any issues related to child support.

(3) If the board issues an order denying, refusing to renew, or suspending a permanent license of an individual pursuant to this subsection, the individual may apply for reinstatement of the application or license, as appropriate, if the individual furnishes a court order releasing the individual from the contempt citation and it is determined by the board that the individual is otherwise eligible for a license.

(e) Fees. If a license is denied, refused for renewal or suspended, any fees paid by the individual shall not be refunded. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1995 Supp. 74-146 and K.S.A. 1995 Supp. 74-147; effective Feb. 28, 1997).

65-5-10. Glaucoma licenses. (a) Each applicant for a glaucoma license shall file a completed application with the secretary-treasurer on a form prescribed by the board and shall submit the following information with the application:

(1) Proof that the applicant maintains professional liability insurance in an amount of $1,000,000.00;
(2) proof that the applicant has completed an approved course of glaucoma instruction;

(3) evidence that the applicant has completed a co management period of at least 24 months; and
(4) evidence that the applicant has co managed no fewer than 20 diagnoses of suspected or confirmed glaucoma, of which no fewer than 10 are confirmed diagnoses of glaucoma.

(b) For the purposes of this article, an ``approved course of glaucoma instruction'' shall be the 24-hour course in glaucoma management offered by the University of Missouri-Saint Louis School of Optometry, as that course existed on May 9, 1996, and any course that has been determined by the board to have a comparable content.
(c) Co management.

(1) Each participating licensee shall file with the board a co management treatment plan report, on a form prescribed by the board, as soon as reasonably practical after a diagnosis of suspected or confirmed adult open angle glaucoma is made. For the purposes of this regulation, ``participating licensee'' means a licensee who participates in co management, as defined by K.S.A. 65-1501a(r) and amendments thereto, during a comanagement period, as defined by K.S.A. 65-1501a(s) and amendments thereto.
(2) Each participating licensee's co management period shall begin on the day the board receives the participating licensee's first co management treatment plan report.
(3) During the co management period, any participating licensee may prescribe topical ocular pharmaceuticals for treatment of adult open angle glaucoma only in accordance with an approved treatment plan that is signed by the co managing ophthalmologist.
(4) On or before May 31 of each year, each participating licensee shall file a completed annual report on a form approved by the board, providing all information required by the board regarding each co managed case.
(5) All documents and information filed with or provided to the board or an interprofessional advisory committee created by the board in connection with co management shall be subject to the peer review privilege. Disclosure of co management documents and information to the board or an interprofessional advisory committee created by the board shall not operate as a waiver of the optometrist-patient or physician-patient privilege.

(d) The requirement of the co management period set forth in subsection (c) above and in K.S.A. 65-1505(d), and amendments thereto, and the requirement of co managing suspected or confirmed glaucoma cases set forth in paragraph (a)(4) above and in K.S.A. 65-1505(d), and amendments thereto, shall not apply to applicants for glaucoma licensure graduating after July 1, 1998 from approved optometric schools or colleges. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1998 Supp. 65-1501, K.S.A. 1998 Supp. 65-1501a, K.S.A. 1998 Supp. 65-1505, K.S.A. 1998 Supp. 65-4915(b), and K.S.A. 65-1525; effective Feb. 28, 1997; amended Nov. 29, 1999.)

65-5-11. Biennial renewal. (a)(1) Commencing with license renewals occurring in 2004, the first license renewal for a licensee whose birth month is in the period of July through December shall be for a period ending on the first May 31 following the renewal date. The licensees shall pay a license renewal fee equal to one-half the amount of the biennial license renewal fee specified in K.A.R. 65-4-3 (f)(1) and any applicable additional fees.
(2) Each subsequent license renewal for the licensee specified in paragraph (a)(1) shall be for a period ending on the second May 31 following the renewal date. The licensee shall pay the biennial license renewal fee specified in K.A.R. 65-4-3 (f)(1) and any applicable additional fees.

(b) Commencing with license renewals occurring in 2004, the first and each subsequent license renewal for a licensee whose birth month is in the period of January through June shall be for a period ending on the second May 31 following the renewal date. The licensee shall pay the biennial license renewal fee specified in K.A.R. 65-4-3 (f)(1) and any applicable additional fees. (Authorized by and implementing K.S.A. 74-1504 and K.S.A. 2003 Supp. 65-1509; effective Feb. 18, 2004.)

65-5-12. Reinstatement of license. Each applicant who applies for reinstatement of a license more than 12 months after the license was canceled for failure to renew it shall be required to pass the examination given by the board to applicant for licensure or any other competency examination that the board may specify. (Authorized by K.S.A. 74-1504; implementing K.S.A. 2003 Supp. 65-1509; effective Dec.3, 2004.)

65-6-1 to 65-6-5. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; revoked Feb. 15, 1977.)
65-6-6. (Authorized by K.S.A. 1978 Supp. 65-1501, 65-1502, 65-1506; effective Jan. 1, 1966; amended Jan. 1, 1971; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended, E-80-1, Jan. 18, 1979; amended May 1, 1979; revoked May 1, 1988.)
65-6-7. (Authorized by K.S.A. 65-1503; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; revoked May 1, 1976.)
65-6-8. (Authorized by K.S.A. 74-1504; implementing K.S.A. 65-1505, as amended by L. 1987, Ch. 235, Sec. 3; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended May 1, 1988; revoked May 18, 1992.)
65-6-9. (Authorized by K.S.A. 1975 Supp. 65-1509a; effective Jan. 1, 1966; amended Jan. 1, 1971; revoked, E-76-40, Aug. 1, 1975; revoked May 1, 1976.)
65-6-10. (Authorized by K.S.A. 1976 Supp. 65-1505; effective Jan. 1, 1966; revoked Feb. 15, 1977.) 65-6-11. (Authorized by K.S.A. 74-1504; implementing K.S.A. 65-1505, as amended by L. 1987, Ch. 235, Sec. 3; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; modified, L. 1976, Ch. 270, May 1, 1976; amended May 1, 1988; revoked May 18, 1992.)
65-6-12. (Authorized by K.S.A. 74-1504; implementing K.S.A. 65-1505, as amended by L. 1987, Ch. 235, Sec. 3; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended May 1, 1988; revoked May 18, 1992.)
65-6-13. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; revoked Feb. 15, 1977.)
65-6-14. (Authorized by K.S.A. 1976 Supp. 65-1505; effective Jan. 1, 1966; revoked Feb. 15, 1977.)
65-6-15. (Authorized by K.S.A. 1976 Supp. 65-1505; effective Jan. 1, 1966; amended Jan. 1, 1971; revoked Feb. 15, 1977.)
65-6-16. (Authorized by K.S.A. 1978 Supp. 65-1501, 65-1502, 65-1505; effective Jan. 1, 1966; amended Jan. 1, 1971; amended, E-80-1, Jan. 18, 1979; amended May 1, 1979; revoked May 18, 1992.)
65-6-17. (Authorized by K.S.A. 74-1504, K.S.A. 1978 Supp. 65-1501, 65-1505; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended May 1, 1979; revoked May 1, 1988.)
65-6-18 to 65-6-20. (Authorized by K.S.A. 74-1504, K.S.A. 1978 Supp. 65-1501, 65-1509; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; revoked May 1, 1979.)
65-6-21 to 65-6-23. (Authorized by K.S.A. 1976 Supp. 65-1509; effective Jan. 1, 1966; revoked Feb. 15, 1977.)
65-6-24. (Authorized by K.S.A. 74-1504, K.S.A. 1975 Supp. 65-1509; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; modified, L. 1976, ch. 270, May 1, 1976; revoked May 1, 1988.)
65-6-25. (Authorized by and implementing K.S.A. 74-1504, K.S.A. 65-1509a, as amended by L. 1987, Ch. 235, Sec. 4; effective Jan. 1, 1966; amended Jan. 1, 1971; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended May 1, 1979; amended May 1, 1988; revoked May 18, 1992.)
65-6-26. (Authorized by K.S.A. 1978 Supp. 65-1509a; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; revoked May 1, 1979.)
65-6-27. (Authorized by K.S.A. 1976 Supp. 65-1509a; effective Jan. 1, 1966; amended Jan. 1, 1971; revoked Feb. 15, 1977.)
65-6-28. (Authorized by K.S.A. 1976 Supp. 65-1509a; effective Jan. 1, 1966; revoked Feb. 15, 1977.)
65-6-29. (Authorized by K.S.A. 1976 Supp. 65-1502; effective Jan. 1, 1966; amended Jan. 1, 1971; revoked Feb. 15, 1977.)
65-6-30. (Authorized by K.S.A. 74-1504; implementing K.S.A. 65-1501, 65-1501a, as amended by L. 1987, Ch. 235, Sec. 1 and 2, 65-1502, 65-1504b, K.S.A. 1986 Supp. 65-1506; effective Jan. 1, 1966; amended Jan. 1, 1971; amended, E-76-40, Aug. 1, 1975; modified, L. 1976, Ch. 270, May 1, 1976; amended, E-80-1, Jan. 18, 1979; amended May 1, 1979; amended May 1, 1988; revoked May 18, 1992.)
65-6-31. (Authorized by K.S.A. 65-1504a, K.S.A. 1975 Supp. 65-1504, 65-1509; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1971; amended, E-76-40, Aug. 1, 1975; modified, L. 1976, ch. 270, May 1, 1976; revoked May 1, 1988.)
65-6-32. (Authorized by K.S.A. 1975 Supp. 65-1506; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; revoked May 1, 1988.)
65-6-33. (Authorized by K.S.A. 74-1504; implementing K.S.A. 74-1504 and K.S.A. 1986 Supp. 65-1506; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended May 1, 1988; revoked May 18, 1992.)
65-6-34. (Authorized by K.S.A. 1976 Supp. 74-1504g; effective Jan. 1, 1966; revoked Feb. 15, 1977.)
65-6-35. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; revoked May 1, 1979.) 65-6-36. (Authorized by K.S.A. 74-1504, K.S.A. 1978 Supp. 65-1501, 65-1502, 65-1504, 65-1504b; effective, E-80-1, Jan. 18, 1979; effective May 1, 1979; revoked May 18, 1992.)
65-6-37. (Authorized by and implementing K.S.A. 65-1505, as amended by L. 1987, Ch. 235, Sec. 3 and 74-1504; effective May 1, 1988; revoked May 18, 1992.)

65-7-1. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; amended May 1, 1979; revoked May 18, 1992.)
65-7-2. (Authorized by K.S.A. 75-1504; effective Jan. 1, 1966; amended May 1, 1979; revoked May 18, 1992.)
65-7-3. (Authorized by K.S.A. 75-1504; effective Jan. 1, 1966; amended May 1, 1979; revoked May 1, 1988.)
65-7-4. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; amended May 1, 1979; revoked May 18, 1992.)
65-7-5. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; revoked May 1, 1979.)
65-7-6. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; revoked May 1, 1979.)
65-7-7. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; revoked May 1, 1979.)
65-7-8. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1979; revoked May 18, 1992.)
65-7-9. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1979; revoked May 18, 1992.)
65-7-10. (Authorized by K.S.A. 75-1504; effective Jan. 1, 1966; amended Jan. 1, 1971; amended May 1, 1979; revoked May 1, 1988.)
65-7-11. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; amended Jan. 1, 1971; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended May 1, 1979; revoked May 18, 1992.)
65-7-12. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1971; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended May 1, 1979; revoked May 18, 1992.)
65-7-13. (Authorized by K.S.A. 75-1504, K.S.A. 1978 Supp. 65-1510; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1971; amended, E-76-40, Aug. 1, 1975; amended May 1, 1976; amended May 1, 1979; revoked May 18, 1992.)
65-7-14. (Authorized by K.S.A. 74-1504; effective Jan. 1, 1966; amended May 1, 1979; revoked May 18, 1992.)

65-8-1. Examination and adaptation procedures. (a) The following minimum standards for examination procedures shall be performed by a licensee during any examination conducted to determine if a prescription for corrective lenses should be provided:

(1) visual acuity testing of each eye at far and nearpoint;
(2) external examination;
(3) refraction (objective and subjective);
(4) coordination testing;
(5) ophthalmoscopy;
(6) biomicroscopy; and
(7) Tonometry (if the patient is age 25 or over).

(b) In addition to the minimum standards in (a), the following additional minimum standards for procedures shall be performed during any contact lens evaluation:

(1) measurement to determine anterior curvatures of the cornea by use of an instrument capable of producing and providing reliable findings;
(2) evaluation of appropriate eye variables and biomicroscopic evaluation of lid health and corneal integrity;
(3) application of known diagnostic lenses to each eye to include evaluation of acuity, over-refraction, and biomicroscopic evaluation of lens fit with use of chemical dyes, as indicated; and
(4) discussion with the patient of the probable success and risks of contact lens wear.

(c) In addition to the minimum standards for examination and evaluation procedures set out in (a) and (b), the following are additional minimum standards for procedures to be performed during any contact lens adaptation to determine a patient's first contact lens prescription:

(1) provide patient adequate training in lens care, lens application and removal, lens wear, lens care solutions and products, and proper disinfection procedures;
(2) provide patient adequate training in proper wearing schedule, warning signs and recall intervals;
(3) provide for a minimum of two follow-up visits over a minimum period of the two months prior to determining the contact lens prescription; and
(4) visual acuity testing and biomicroscopic evaluation of each eye with and without lenses at each follow-up visit. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1501; effective May 18, 1992.)

65-8-2. Instruments. (a) Commonly accepted instrumentation and methods designed to produce accurate and reliable findings shall be utilized to perform the minimum standard requirements in K.A.R. 65-8-1.
(b) The result of each performed procedure shall be recorded.
(c) Commonly accepted measuring units and nomenclature shall be used. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1501; effective May 18, 1992.)

65-8-3. Records. (a) The records of all patients shall contain at least the following information:

(1) the patient's full name, address, phone number and date of birth;
(2) a case history including all complaints;
(3) all objective and subjective findings taken;
(4) a diagnosis;
(5) the treatment plan given, including any ophthalmic or medical prescriptions;
(6) the final disposition, including any follow- up requirements or any patient referral;
(7) the date and location of the examination; and
(8) the name and signature of the licensee performing the examination.

(b) Any and all patient records required by these rules and regulations shall be maintained for at least five years.
(c) All findings and recordings entered into the patient records shall be made using normally accepted nomenclature and units of measure. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1502; effective May 18, 1992.)

65-8-4. Content of prescription. (a) Any prescription issued by a licensee for spectacle lenses shall include:

(1) the sphere power;
(2) the cylinder power;
(3) the axes location;
(4) the prism power and base direction;
(5) the type, size, and power of multifocal; and
(6) the interpupillary distance, far and near.

(b) No prescription for spectacle lenses shall include instructions to obtain the specifications from existing lenses without examination.
(c) Any prescription issued by a licensee for rigid contact lenses shall include:

(1) the lens material;
(2) the base curve;
(3) the back vertex power;
(4) the prism power;
(5) the overall diameter;
(6) the optic zone diameter;
(7) peripheral curve radii and widths;
(8) the center thickness;
(9) the tint; and
(10) the edge shape.

(d) Any prescription issued by a licensee for flexible contact lenses shall include:

(1) the base curve;
(2) the power;
(3) the diameter, when necessary;
(4) the manufacturer;
(5) the water content, where necessary;
(6) the type, spherical, toric, or extended wear;
(7) the color; and
(8) the manufacturer's suggested sterilization method.

(e) No prescription issued by a licensee for rigid or flexible contact lenses shall include instructions to obtain the specifications from:

(1) existing lenses, without examination; or
(2) conversion of a spectacle lens prescription.

(f) In addition, the following information shall be included on any prescription issued by a licensee for any ophthalmic lenses:

(1) the printed name and license registration number of the prescribing licensee;
(2) the address and telephone number at which the patient's records are maintained and at which the prescribing licensee can be reached for consultation;
(3) the name of the patient;
(4) the signature of the prescribing licensee;
(5) the date the prescription was issued, the date of the examination, and expiration date, if appropriate;
(6) any instructions necessary for the fabrication or use of the ophthalmic lenses; and
(7) any special instructions.

(g) Any prescription issued by a licensee for spectacle lenses which does not include the requirements for flexible or rigid contact lens prescriptions shall not become an adequate prescription for contact lenses by any comment on the prescription indicating it can be used for contact lenses.
(h) Any prescription issued by a licensee for a topical pharmaceutical drug shall include:

(1) the printed name and license registration number of the prescribing licensee;
(2) the address and telephone number at which the patient's records are maintained and at which the prescribing licensee can be reached for consultation;
(3) the name and address of the patient;
(4) the name and quantity of the drugs prescribed;
(5) directions for use;
(6) the number of refills permitted;
(7) the date of issue and expiration; and
(8) the signature of the prescribing licensee. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1501; effective May 18, 1992.)

65-9-1. Use. No licensee, including any licensee who practices in a partnership, association, professional corporation, limited liability company, or other group practice, shall engage in the practice of optometry under a trade or assumed name until an application to use that name at a specific location or locations has been approved by the board. (Authorized by and implementing K.S.A. 1997 Supp. 65-1522; effective May 18, 1992; amended April 9, 1999.)

65-9-2. Application. (a) To request approval of a trade or assumed name, one or more of the licensees associated with the optometric office at which the trade or assumed name will be used shall file a fully completed application with the secretary-treasurer on a form prescribed by the board.
(b) As part of the application, each applicant shall certify that the applicant:
(1) has personally made a diligent search and is unaware of any other person or entity using the trade or assumed name or a name so similar as to create a potential for confusion; and
(2) intends to actively engage in the practice of optometry under the trade or assumed name upon obtaining approval from the board.

(c) If any applicant desires to use the trade or assumed name at any practice location other than the one approved by the board, an additional application for approval shall be made to the board. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1509; effective May 18, 1992.)

65-9-3. Approval. (a) No trade or assumed name which, in the judgment of the board, is false, misleading, deceptive or for which it deems there is good reason for disapproval shall be approved by the board.
(b) Except in cases of transfer under 65-10-4, the approval to use a trade or assumed name shall lapse and become invalid if the applicant fails to actively engage in the practice of optometry under that trade or assumed name for a period of six months, unless the applicant can establish to the satisfaction of the board that the failure was due to a temporary mental or physical disability or for any other reason as the board finds to be sufficient justification.
(c) Approval to use a trade or assumed name may be revoked by the board for:

(1) making any false statement on the application;
(2) the failure of an applicant to comply with these rules and regulations;
(3) a determination by the board that continued use of the trade or assumed name would be false, misleading or deceptive, or any other good cause. (Authorized by K.S.A. 74-1504(a)(6); K.S.A. 1991 Supp. 65-1509; effective May 18, 1992.)

65-9-4. Transfer. (a) The approval to use a trade or assumed name shall not be transferable except with the approval of the board.
(b) Any applicant seeking to transfer the approval for the use of a trade or assumed name to another licensee which is authorized to engage in the practice of optometry in this state shall file a completed application with the secretary-treasurer on a form prescribed by the board.
(c) If the transfer is approved, the transferee shall become responsible for compliance with the applicable requirements of K.A.R. 65-9-1, et seq. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1509; effective May 18, 1992.)

65-9-5. Practice under a trade or assumed name. (a) Each licensee who has obtained approval to use a trade or assumed name shall notify the board in writing:
(1) of all licensees who will practice under that name; and
(2) within 30 days if there is a change in the licensees practicing under the name.

(b) In the entrance or reception area of the optometric or practice office where a trade or assumed name is used, a chart or directory listing the names of all licensees practicing at that particular location shall be kept prominently and conspicuously displayed at all times.
(c) The names of all licensees who have practiced under the trade or assumed name shall be maintained in the optometric office for five years following their departure from the practice.
(d) In any practice where a trade or assumed name is used subsequent to the administration of any optometric service, the licensee providing the service shall be placed in the patient's record following a description of the service rendered. If the treatment is rendered by a licensee other than the licensee of record, the name of that licensee shall be placed in the record of the patient.
(e) In any practice where a trade or assumed name is used, the name of the licensee providing care shall appear on the initial statement of charges and on the receipt given to the patient.
(f) No trade or assumed name may be used which contains the name of an inactive, retired, removed or deceased licensee, except that, for a period of no more than one year from the date of succession to a practice, a licensee may list the name of the inactive, retired, removed or deceased licensee with the words ``succeeded by,'' ``succeeding,'' or ``successor to'' and the licensee's own name.
(g) Each licensee who has obtained approval to use a trade or assumed name shall be personally responsible for compliance with K.A.R. 65-9-1, et seq. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1509; effective May 18, 1992.)

65-10-1. Practice locations. (a) No licensee shall perform any optometric services at any office or practice location unless the licensee has displayed at that office or practice location an original license issued to the licensee by the board. A licensee shall display a separate original license at each office or practice location.
(b) Practice in a governmental institution shall not be considered an office or practice location, but practice in a medical facility or medical care facility shall be considered an office or practice location. (c) No licensee shall maintain an office or practice location in a manner that indicates or implies either of the following.

(1) An unlicensed person is engaged in or maintains an office for the practice of optometry.
(2) The licensee's practice is being carried on as part of or in association with the business enterprise of the unlicensed person. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 65-1502; effective May 18, 1992; amended Aug. 1, 1997.)

65-10-2. Unlawfully maintaining an office. Except as authorized by the Kansas professional corporation act or the Kansas limited liability company act or through the lawful functioning of a professional partnership or association with other health care providers, an unlicensed person shall be deemed to be maintaining an office for the practice of optometry if either of the following conditions is met:
(a) That person bears any expense for this office by having entered into any rental arrangement, lease arrangement, or debt arrangement with a licensee regarding the licensee's practice whereby the cost or terms allow the unlicensed person to exert influence on the professional judgment or practice of the licensee.
(b) The licensee's office, location, or place of practice indicates or implies, by location, advertising, or otherwise, that the licensee is practicing as a part of or in association with the business of an unlicensed person. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 65-1502; effective May 18, 1992; amended April 9, 1999.)

65-10-3. Licensee ownership of franchised business of optical dispensing. (a) If a licensee obtains any beneficial interest in a franchise or equivalent relationship to engage in the business of marketing ophthalmic goods or contact lenses, all operations of that franchise or equivalent relationship shall be separate and apart from any and all offices or locations at which the licensee, or any entity in which the licensee has a beneficial interest, provides optometric services.
(b) For the purposes of this section, ``separate and apart'' shall include:

(1) being physically separated; and
(2) the totally independent functioning of the franchise business of optical dispensing and any optometric office or practice location. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1502; effective May 18, 1992.)

65-11-1. Responsibility. (a) Each licensee shall be responsible for any advertising which is designed to benefit the licensee, directly or indirectly, whether or not the licensee authored it or caused it to be published.
(b) Each licensee whose name, trade name, assumed name, office address, phone number or place of practice appears or is mentioned in any advertisement of any kind or character shall be presumed to have caused, allowed, permitted, approved, or sanctioned the advertisement and shall be personally and professionally responsible for its content and character. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1517; effective May 18, 1992.)

65-11-2. Fraudulent advertisement. Advertisements which will be deemed to be fraudulent shall include, but are not limited to, those which:
(a) use language that is likely to be misunderstood;
(b) contain qualifying statements in small type which are likely to be overlooked by the casual reader;
(c) exaggerate the quality of goods or services;
(d) contain any promise of improved condition;
(e) contain any information which would misrepresent the scope of the licensee's license or indicate that the licensee is able to render services the licensee is not qualified or licensed to do;
(f) do not contain a full breakdown and itemization of professional services versus ophthalmic goods when advertising the cost and availability of optometric goods and services;
(g) indicate or imply that the licensee is engaged in or maintains an office for the practice of optometry as part of, or in association with, the business or operation of an unlicensed person or entity, except as authorized by the Kansas professional corporation act or through the lawful functioning of a professional partnership or association with other health care providers;
(h) contain a licensee's name that is not accompanied by the designation O.D., Optometrist or Doctor of Optometry; and
(i) contain statements or claims of superiority over other licensees or other health care professionals. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1991 Supp. 65-1517; effective May 18, 1992.)

65-11-3. Associated advertising. Except when practicing as authorized by the Kansas professional corporation act, the Kansas limited liability company act, or through the lawful functioning of a professional partnership, or in association with other health care providers, all signs, advertising, and displays of any licensee shall be separate and distinct from those of any other person, firm, or corporation and shall not in any way suggest that the licensee is associated with any other person, firm, or corporation with which the licensee is not associated. (Authorized by K.S.A. 74-1504(a)(6); implementing K.S.A. 1997 Supp. 65-1517; effective May 18, 1992; amended April 9, 1999.)

KANSAS OPTOMETRY LAWS

Article 9.--LICENSES, PERMITS, STAMPS AND OTHER ISSUES

Article 15.—REGULATION OF OPTOMETRISTS

65-1501. Practice of optometry defined; exclusions; standard of care in diagnosis and treatment of glaucoma; low vision rehabilitation services. (a) The practice of optometry means:

Chapter 65.—PUBLIC HEALTH

Article 49.—HEALTH CARE PROVIDERS