65-1501a. Definitions.
65-1501a
65-1501a. Definitions.For the purposes of this act the following terms shall have the meaningsrespectively ascribed to them unless the context requires otherwise:
(a) "Board" means the board of examiners in optometry established underK.S.A. 74-1501 and amendments thereto.
(b) "License" means a license to practice optometry granted under theoptometry law.
(c) "Licensee" means a person licensed under theoptometry law to practiceoptometry.
(d) "Adapt" means the determination, selection, fitting or use oflenses, prisms, orthoptic exercises or visual training therapy for the aidof any insufficiencies or abnormal conditions of the eyes after or byexamination or testing.
(e) "Lenses" means any type of ophthalmic lenses, which are lensesprescribed or used for the aid of any insufficiencies or abnormalconditions of the eyes.
(f) "Prescription" means a verbal or written order directly from alicensee giving or containing the name and address of the prescriber, thelicense registration number of the licensee, the name and address of thepatient, the specifications and directions for lenses, prisms, orthopticexercises, low vision rehabilitation services or visual training therapyto be used for the aid of anyinsufficiencies or abnormal conditions of the eyes, including instructionsnecessary for the fabrication or use thereof and the date of issue.
(g) "Prescription for topical pharmaceutical drugs or oral drugs"means a verbal orwritten order directly from a licensee expressly certified to prescribedrugs under the optometry law and giving or containing thename and address of theprescriber, the license registration number of the licensee, the name andaddress of the patient, the name and quantity of the drug prescribed,directions for use, the number of refills permitted, the date of issue andexpiration date.
(h) "Topical pharmaceutical drugs" means drugs administered topically and not by othermeans for the examination, diagnosis and treatment of the human eye and itsadnexae.
(i) "Dispense" means to deliver prescription-only medication orophthalmic lenses to the ultimate user pursuant to the lawful prescriptionof a licensee and dispensing of prescription-only medication by a licenseeshall be limited to a twenty-four-hour supply or minimal quantity necessaryuntil a prescription can be filled by a licensed pharmacist.
(j) "Diagnostic licensee" means a person licensed underthe optometry law andcertified by the board to administer or dispense topicalpharmaceutical drugs for diagnostic purposes.
(k) "Therapeutic licensee" means a person licensed underthe optometry law andcertified by the board to prescribe, administer or dispense topicalpharmaceutical drugs for therapeutic purposes and oral drugs, followingcompletion of a fifteen-hour course approved by the board pertaining to the useof oral drugs in ocular therapeutics, except that a person applying fortherapeutic licensure who has graduated after January 1, 1999, from a school orcollege of optometry approved by the board shall not be required to take suchcourse. Therapeutic licensees on the effective date of this act shall completethe 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 andtreat adult open-angle glaucoma by nonsurgical means, including theprescribing, administering and dispensing of topical pharmaceutical drugs andoral drugs.
(m) "False advertisement" means any advertisement which isfalse,misleading or deceptive in a material respect. In determining whether anyadvertisement is misleading, there shall be taken into account not onlyrepresentations made or suggested by statement, word, design, device, soundor any combination thereof, but also the extent to which the advertisementfails to reveal facts material in the light of such representations made.
(n) "Advertisement" means all representations disseminated inanymanner or by any means, for the purpose of inducing, or which are likely toinduce, directly or indirectly, the purchase of professional services orophthalmic goods.
(o) "Health care provider" shall have the meaning ascribed tothatterm in subsection (f) of K.S.A. 40-3401 and amendments thereto.
(p) "Medical facility" shall have the meaning ascribed to thatterm insubsection (c) of K.S.A. 65-411 and amendments thereto.
(q) "Medical care facility" shall have the meaning ascribed tothatterm in K.S.A. 65-425 and amendments thereto.
(r) "Co-management" means confirmation by an ophthalmologist of alicensee's diagnosis of adult open-angle glaucoma together with a writtentreatment plan which includes (1) all tests and examinations supporting thediagnosis, (2) a schedule of tests and examinations necessary to treat thepatient's condition, (3) a medication plan, (4) a target intraocular pressure,(5) periodic review of the patient's progress and (6) criteria for referral ofthe patient to an ophthalmologist for additional treatment or surgicalintervention, except that any co-management plan may be modified only with theconsent of both the ophthalmologist and the optometrist and the modificationnoted in writing on the patient's record.
(s) "Co-management period" means that period of time during which anoptometrist co-manages patients either suspected of having or diagnosed ashaving adult open-angle glaucoma with an ophthalmologist.
(t) "Ophthalmologist" means a person licensed to practice medicine andsurgery by the state board of healing arts who specializes in the diagnosis andmedical and surgical treatment of diseases and defects of the human eye andrelated structures.
(u) "Low vision rehabilitation services" means the evaluation, diagnosis,management and care of the low vision patient including low visionrehabilitation therapy, education and interdisciplinary consultation under thedirection and supervision of an ophthalmologist or optometrist.
(v) "Oral drugs" means oral antibacterial drugs, oral antiviral drugs, oralantihistamines, oral analgesic drugs, oral steroids, oralantiglaucoma drugs and other oral drugs with clinically accepted ocularuses.
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;L. 2005, ch. 93, § 3; July 1.