65-1509. Notification of location of practice; biennial license renewal, fee; inactive status license; expiration of license, notice; cancellation of license; reinstatement, fee.
65-1509
65-1509. Notification of location of practice;biennial licenserenewal, fee; inactive status license; expiration of license, notice;cancellation of license;reinstatement, fee.(a) Before engaging in the practice of optometry in this state, itshall be the duty ofeach licensed optometrist to notify the board in writing of the addressof the office or offices where such licensee is to engage or intends toengage in the practice of optometry and of any changes in the licensee'slocation of practice. Any notice required to be given by the boardto any licensed optometrist may be given by mailing to such addressthrough the United States mail, postpaid.
(b) Any license to practice optometry issued by the board shall expireon May 31 ofthe year specified by the board for the expiration of the license and shallbe renewed on a biennial basis in accordance with this section. The requestfor renewal shall be on a form provided by the boardand shall be accompanied by the prescribed fee, which shall be paid nolater than the expiration date of the license.
(c) Commencing with the renewal of licenses that expire on May 31, 2004,each license shall be renewed on a biennial basis. To provide for a system ofbiennial renewal of licenses, the board may provide by rules and regulationsthat licenses issued or renewed may expire less than two years from the dateof issuance or renewal and for the proration of fees accordingly.On or before May 1 each year, the board shall determinethe amount that may be necessary for the next ensuing fiscal year to carry outand enforce the provisions of the optometry law, and shall fix by rules andregulationsthe renewal fee and the fees provided for inK.S.A. 65-1505 and amendments thereto, in such amounts as may be necessary forthatpurpose. The biennial renewal fee shall not exceed$800.Upon fixing such fees, the board shall immediately notify all licenseesof the amount of such fees for the ensuing biennial renewalperiod. Inevery renewal yearhereafter, every licensedoptometrist shall pay to the board of examiners a fee for a renewal of suchlicense for each biennial renewal period.The license renewal fee fixed by the board under this subsection which isin 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.
(d) The payment of the renewal fee by the person who is a holder of alicense as an optometrist but who has not complied with the continuingeducation requirements fixed by the board, if no grounds exist for denying therenewal of the license other than that the person has not complied with thecontinuing education requirements fixed by the board, shall entitle the personto inactive status licensure by the board. No person holding an inactive statuslicense from the board shall engage in the practice of optometry in this state.A person holding an inactive status license from the board shall be entitled tocancellation of the inactive status license and to renewal of licensure as anoptometrist upon furnishing satisfactory evidence to the board that such personhas obtained the equivalent of all missed continuing education requirements todate, and payment of an additional fee fixed by the board through rule andregulation in an amount not to exceed $450.
(e) At least 30 days before the expiration of thelicensee's license,the board shall notify each licensee of the expiration by mail addressed tothe licensee's last known address. If the licensee fails to pay the annualfee or show proof of compliance with the continuing education requirementsby the date of the expiration of the license, the licensee shall be maileda second notice that the licensee's license has expired, that the boardshall suspend action for 30 days following the date of expiration, thatupon receipt of the annual fee together with an additional fee not to exceed$500, within the thirty-day period, no order of cancellation will beentered and that, if both fees are not received within the thirty-dayperiod, the license shall be canceled.
(f) To have a license to practice optometry in Kansas renewed after May31, 2008, an optometrist must have met the requirements of and become atherapeutic licensee. To have a license to practice optometry in Kansas renewedafter May 31, 2010, an optometrist must have met: (1) The requirements of andbecome a therapeutic licensee and (2) the requirements of and become a glaucomalicensee.
(g) Any licensee who allows the licensee's license to lapseor becanceled by failing to renew as herein provided, may be reinstated by theboard upon payment of the renewal fees then due and upon proof ofcompliance with the continuing education requirements established by the board.As an additional requirement of reinstatement, in cases in which the boarddeems it appropriate, the licensee may be required to successfully pass theexamination given by the board to applicants for licensure or such othercompetency examination as the board may choose.
History: L. 1923, ch. 220, § 13; R.S. 1923, 65-1509; L. 1951,ch. 360, § 2; L. 1960, ch. 50, § 1; L. 1975, ch. 317, § 1;L. 1975,ch. 318, § 6; L. 1979, ch. 192, § 2;L. 1990, ch. 223, § 5;L. 1999, ch. 23, § 4;L. 2003, ch. 46, § 2;L. 2005, ch. 93, § 2; July 1.