KANSAS
BOARD OF EXAMINERS
IN
OPTOMETRY
2007
President
Douglas D.
Ayre, O.D.
722 Mann
Larned KS 67550
Vice-President
8118 E
Douglas Suite 107
Wichita, KS
67206
Secretary- Treasurer
Jeanne F.
Klopfenstein, O.D.
3246 Kimball Ave.
Manhattan,
KS 66503
Member
at Large
Gilan L.
Cockrell, O.D.
512 Commercial
Emporia KS 66801
Public Member
Thomas Lemon, J.D.
2942 SW Wanamaker, Suite 100
Topeka, KS 66603
Executive Officer
Penny Bowie, C.P.M.
3109 W 6th St, Suite B
Lawrence, KS 66049
Chapter
32.--WILDLIFE, PARKS AND RECREATION
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.
(c) Falsely obtaining or using a permit authorized by this section is a
class C misdemeanor.
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
65.—PUBLIC HEALTH
(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.
(c) "Licensee" means a person licensed under the optometry
law to practice optometry.
(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.
(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. Therapeutic licensees on the effective date of this act
shall complete the fifteen-hour course described in this subsection before May
31, 2000.
(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.
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.
(c) This section shall be a part of and supplemental to the optometry
law.
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.
(c) The licensee has been convicted of a felony, whether or not related
to the practice of optometry.
(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.
(c) A licensee may practice in a medical facility, medical care
facility or a governmental institution or agency.
(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.
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
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 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
through the mail 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 mailed 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 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 to the credit of the healing arts fee fund.
History: L. 2002, ch. 113, § 4;
Jan. 1, 2003.
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 ci