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

Link to law: http://www.lrc.ky.gov/kar/201/013/040.htm
Published: 2015

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      201 KAR 13:040. Licensing; application, examination; experience;

renewal; and inactive status.


      RELATES TO: KRS 326.020, 326.040, 326.080

      STATUTORY AUTHORITY: KRS 326.020(3),

326.040, 326.080


326.020(3) authorizes the board to promulgate administrative regulations to

carry out the purposes and provisions of KRS Chapter 326. KRS 326.040

establishes the requirements for the issuance of a license including experience

and passage of an examination. KRS 326.080 requires the annual renewal of

licensure. This administrative regulation prescribes the forms, required

examinations, experience, renewal requirements, and provisions for inactive

status required for licensees.


      Section 1. Application for License. (1) A

person wishing to obtain a license to practice as an ophthalmic dispenser, pursuant

to KRS Chapter 326, shall make application to the Kentucky Board of Ophthalmic

Dispensers on the form, Application for Ophthalmic Dispenser License.

      (2) An applicant for licensure as an

apprentice shall complete the form, Application for Apprentice License.

      (3) The board shall admit to the

practical examination a candidate who pays the required examination fee of

fifty (50) dollars and who meets the requirements of KRS 326.040, under oath,

that he qualifies pursuant to KRS 326.040 and 201 KAR Chapter 13.


      Section 2. Required Examinations. (1) The

examination required pursuant to KRS 326.040(4) shall consist of passage of

each of the following:

      (a) The American Board of Opticians


      (b) The National Contact Lens Examiners

(NCLE); and

      (c) The NCSORB National Practical.

      (2) The ABO and the NCLE shall be:

      (a) Taken before the expiration of thirty

(30) months from the date of the original receipt of the apprentice license;


      (b) Passed within five (5) years of the

date of the original receipt of the apprentice license.

      (3) The practical examination shall not

be taken until all other licensure requirements have been completed.


      Section 3. Experience. In addition to the

experience requirement established in KRS 326.040(3), the board shall also

count as qualifying experience any time spent:

      (1) Attending a recognized school for

ophthalmic dispensing; or

      (2) Working in an optical laboratory as

an ophthalmic technician.


      Section 4. Licensure Renewal. (1) Each

license shall be renewed each year on or before December 31.

      (2) Each licensee shall complete and

submit one (1) of the following:

      (a) Application for Renewal for a

licensed ophthalmic dispenser; or

      (b) Application for Apprentice Renewal

for a licensed apprentice ophthalmic dispenser.

      (3) For a renewal postmarked on or before

December 31, the renewal fee shall be:

      (a) Fifty (50) dollars for a licensed

ophthalmic dispenser; or

      (b) Twenty-five (25) dollars for an apprentice

ophthalmic dispenser.

      (4) In addition to the renewal fee, a ten

(10) dollar penalty shall be paid on a renewal postmarked after December 31. At

the end of a thirty (30) day grace period, January 31, a license that has not

been renewed shall be revoked.

      (5) In order to qualify for licensure

renewal, a licensee shall comply with the continuing education requirements of

KRS 326.020(3)(b) and 201 KAR 13:055.


      Section 5. Temporary Permit Application.

(1) The board shall, if requested by the applicant, issue a temporary permit to

a qualified ophthalmic dispenser, who otherwise would qualify for a license but

is in the state on a temporary basis or who has not yet had an opportunity to

take an examination to procure a license and whose immediate employment depends

upon being licensed by the board.

      (2) The permit shall be valid only until

the next regular examination date and in no case shall exceed six (6) months following

date of issuance.

      (3) The fee for a temporary permit shall

be fifty (50) dollars, which amount shall accompany the application.


      Section 6. Board Action, Notification.

(1) The board shall act only upon those applications that are complete.

      (2) Each applicant shall enclose the

prescribed license fee in the form of a check or money order made payable to

the Commonwealth of Kentucky State Treasurer.

      (3) Each applicant shall be notified of

the action of the board; and, if favorable, when and where the examination will

be held.


      Section 7. Inactive Status. (1) Upon

application, the board shall grant inactive status to a qualified licensee.

While on inactive status, the licensee shall not engage in the practice of

ophthalmic dispensing.

      (2) The fee for licensure on inactive

status shall be ten (10) dollars per year.

      (3)(a) Continuing education requirements

shall be waived for a licensee on inactive status during the inactive period.

      (b) If the inactive licensee applies to

the board to return to active status, the licensee shall submit proof that he

has completed six (6) hours of continuing education for ophthalmic dispenser

licensees and four (4) hours of continuing education for apprentice ophthalmic

dispenser licensees within the last twelve (12) month period immediately

preceding the date on which the application is submitted.

      (c) The licensee may request that he be

allowed to return to active status immediately, with the provision that he

shall receive the appropriate number of continuing education hours within six

(6) months of the date on which he returns to active status.

      (d) Additionally, the licensee shall be

responsible for meeting the requirements established in 201 KAR 13:055 in order

to qualify for renewal.

      (4) The reactivation fee for changing

from inactive status to active status shall be forty (40) dollars for an

ophthalmic dispenser licensee.


      Section 8 Incorporation by Reference. (1)

The following material is incorporated by reference:

      (a) "Application for Ophthalmic

Dispenser License", June 2012;

      (b) "Application for Apprentice

License", June 2012;

      (c) "Application for Renewal",

June 2012; and

      (d) "Application for Apprentice

Renewal", June 2012.

      (2) This material may be inspected,

copied, or obtained, subject to applicable copyright law, at the Board of

Ophthalmic Dispensers, 911 Leawood Drive, Frankfort, Kentucky 40601, Monday

through Friday, 8 a.m. to 4:30 p.m. (OD-2; 1 Ky.R. 722;

eff. 5-14-75; Am. 11 Ky.R. 56; eff. 8-7-84; 733; eff. 12-11-84; 13 Ky.R. 900;

eff. 12-2-86; 21 Ky.R. 481; 1086; eff. 10-12-94; 27 Ky.R. 1528; 2723; eff.

4-9-2001; 38 Ky.R. 1875; 39 Ky.R. 11; eff. 8-6-2012.)