201 KAR 5:120. Practice of optometry

outside of regular office for a charitable purpose.

 

      RELATES TO: KRS (7), 320.310(1)(f)

      STATUTORY AUTHORITY: KRS 320.240(4), (7),

320.310(1)(f)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

320.310(1)(f) authorizes the board to promulgate administrative regulations to

permit the practice of optometry outside of the licensee's regular office for a

charitable purpose as defined by the board. This administrative regulation

establishes the standards for the practice of optometry outside the licensee's

office for a charitable purpose.

 

      Section 1. Definitions. (1)

"Charitable organization" means a nonprofit entity accepted by the

Internal Revenue Service and organized for benevolent, educational,

philanthropic, humane, social welfare, or public health purposes.

      (2) "Charitable purpose" means

a purpose that holds itself out to be benevolent, educational, philanthropic,

humane, or for social welfare or public health.

 

      Section 2. In order for a Kentucky

licensed optometrist to provide optometric services outside the optometrist’s

regular office for a charitable purpose, a charitable organization shall

provide to the board:

      (1) A written request to include the

services of Kentucky licensed optometrists at least thirty (30) days before the

optometric services are to be offered;

      (2) Proof of its nonprofit status;

      (3) Assurance that the participating

optometrist shall not be compensated or remunerated in any manner;

      (4) The names of all participating

optometrists;

      (5) The address of the location where the

optometric services will be offered;

      (6) The dates and times the optometric

services will be offered, which shall not exceed seven (7) days per event;

      (7) A statement of the nature of the

optometric services to be provided and the class of individuals who are

intended to be the recipients of the optometric services;

      (8) A statement that the charitable

organization shall require every participating optometrist to develop and

maintain a permanent patient record for each individual treated by that

optometrist; and

      (9) A statement that the charitable

organization shall require every participating optometrist to comply with the

minimum eye examination requirements of 201 KAR 5:040, Section 7.

 

      Section 3. The board or its acting president

may waive the thirty (30) day requirement based on exigent circumstances that

prevented the charitable organization from complying with the thirty (30) day

requirement.

 

      Section 4. The board or its acting

president shall notify the charitable organization in writing if its request

has been approved within ten (10) business days of receipt of the completed

request.

 

      Section 5. A written request may include

multiple events on different dates if the events are scheduled within twelve

(12) months o the date the completed request is received by the board.

 

      Section 6. Requirements for Eyeglasses

Provided. (1) If eyeglasses are provided as part of the charitable service, all

materials shall be new, first quality and free from defects.

      (2) Lenses shall be:

      (a) First quality and meet the

requirements of inspection, tolerance, and testing procedures as outlined in

the American Standard Prescription Requirements; and

      (b) Made to meet the individual

recipient’s personal prescription.

 

      Section 7. Failure to comply with the

terms of this administrative regulation may result in denial or withdrawal of

approval. (35 Ky.R. 1673; 2080; 2408; eff. 6-5-2009.)