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),
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
(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
(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
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
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.)