65-1505. Qualifications of practitioners; examinations; fees; reciprocal licensure; rules and regulations criteria for approval of schools or colleges.
65-1505
65-1505. Qualifications of practitioners;examinations; fees; reciprocallicensure; rules and regulations criteria for approval of schools orcolleges.(a) Persons entitled to practice optometry in Kansas shall be those personslicensedin accordance with the provisions of theoptometry law. A personshall be qualified to be licensed and to receive a license as anoptometrist: (1) Who is of good moral character; and in determining themoral character of any such person, the board may take into considerationany felony conviction of such person, but such conviction shall notautomatically operate as a bar to licensure; (2) who has graduated froma school or college of optometry approved by theboard; and (3) who successfully meets and completes the requirements set bythe board and passes an examination given by the board. All licensesissued on and after the effective date of this act, topersons not licensed in this state orin another state prior to July 1, 1996, shall be diagnostic, therapeutic and glaucoma licenses.
(b) All applicants for licensure orreciprocal licensure, except as provided in subsection (a) and (f), inaddition tosuccessfully completing all other requirements for licensure, shall takeand successfully pass an examination required by the board before beingcertified by the board as a diagnostic and therapeutic licensee.
(c) All persons before taking the examination required by the board tobe certified as a diagnostic and therapeutic licensee shall submit evidencesatisfactory to the board of having successfully completed a courseapproved by the board in didactic education and clinical training in theexamination, diagnosis and treatment of conditions of the human eye and itsadnexae, totaling at least 100 hours.
(d) All applicants for glaucoma licensure, in addition to successfullycompleting all other requirements for licensure, shall submit evidencesatisfactory to the board of: (1) Professional liability insurance in an amountacceptable to the board, (2) completion of a course of instruction approved bythe board after consultation with the interprofessional advisory committeewhich includes at least 24 hours of training in the treatment and co-managementof adult open-angle glaucoma and (3) co-management for a period of at least 24months and not less than 20 diagnoses of suspected or confirmed glaucoma,except that the board may eliminate or shorten the co-management period, andeliminate or reduce the number of diagnoses of suspected or confirmed glaucomafor applicants for glaucoma licensure who graduate from approved optometricschools or colleges after July 1, 1998.
(e) Any person applying for examinationby the board shall fill out andswear to an application furnished by the board, accompanied by a fee fixedby the board by rules and regulations in an amount of not to exceed$450,and file the same with thesecretary of the board at least 30 days prior to the holding of theexamination. At such examinations the boardshall examine each applicant in subjects taught in schools or collegesof optometry approved by theboard, as may be required by the board. If such person complies with theother qualifications for licensing and passes such examination, such personshall receive from the board, upon the payment of a fee fixed by the boardby rules and regulations in an amount of not to exceed $150,alicenseentitling such person topractice optometry. In the event of the failure on the part of theapplicant to pass the first examination, such person may, with the consentof the board, within 18 months, by filing an application accompanied by afee fixed by the board by rules and regulations in an amount of not toexceed $150, take a secondexamination; for the third and each subsequent examination a fee fixed bythe board by rules and regulations in an amount of not to exceed$150.Any examination fee and license fee fixed by the board under thissubsection which is in effect on the day preceding the effective date ofthis act shall continue in effect until the board adopts rules andregulations under this subsection fixing a different fee therefor.
(f) Subject to the requirements of subsection (h), any applicant forreciprocal licensure may in the board'sdiscretionbe licensed and issued a license without examination in the category oflicensure under the optometry law for which application is made if theapplicant has been in the active practice of optometry in another state forat least the three-year period immediately preceding the application forreciprocal licensure and theapplicant:
(1) Presents a certified copy of a certificate of registration orlicense which has been issued to the applicant by anotherstate where therequirements for licensure are deemed by the board to be equivalent to therequirements for licensure in the category of licensure under this act forwhich application is made, if such state accords a like privilege toholders of a license issued by the board;
(2) submits a sworn statementof the licensing authority of such other state that the applicant's licensehas never been limited, suspended or revoked and that the applicant hasnever been censured or had other disciplinary action taken; and
(3) successfully passes an examination of Kansas law administered by theboardand such clinical practice examination as the board deems necessary.
Subject to the requirements of subsection (h), if such applicant wasfirst licensed in another state prior toJuly 1, 1987, the applicant shall be requiredto satisfy only the requirements of the category of licensure under theoptometry law for which application is made and which existed in this stateat the time of the applicant's licensure in such other state; or, if suchrequirements did not exist in this state at the time of the applicant'slicensure in such other state, the applicant shall be required to satisfyonly the requirements of the category of licensure under the optometry lawfor which application is made which originally were required for thatcategory 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 andtherapeutic license and shall be required to satisfy all the requirements ofthat category of licensure under this act.The fee for licensing such applicants shall befixed by the board by rules and regulations in an amount of not toexceed $450.The reciprocal license fee fixed by the board under this subsection whichis in effect on the day preceding the effective date of this act shallcontinue in effect until the board adopts rules and regulations under thissubsection fixing a different fee therefor.
(g) The board shall adopt rules and regulations establishing thecriteria which a school or college of optometry shall satisfy in meetingthe requirement of approval by the board established under subsection (a).The board may send a questionnaire developed by the board to any school orcollege of optometry for which the board does not have sufficientinformation to determine whether the school or college meets therequirements for approval and rules and regulations adopted under this act.The questionnaire providing the necessary information shall becompleted and returned to the board in order for the school or college tobe considered for approval. The board may contract with investigativeagencies, commissions or consultants to assist the board in obtaininginformation about schools or colleges. In entering such contracts theauthority to approve schools or colleges shall remain solely with the board.
(h) To be entitled to practice optometry in Kansas after May 31, 2008, anoptometrist must have met the requirements of and become a therapeuticlicensee. To be entitled to practice optometry in Kansas after May 31, 2010, anoptometrist must have met: (1) The requirements of and become a therapeuticlicensee 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;L. 2005, ch. 93, § 1; July 1.