Session of 2025
HOUSE BILL No. 2223
By Committee on Health and Human Services
Requested by Representative Buehler on behalf of the Kansas Optometric
Association
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AN ACT concerning health professions and practices; relating to
optometry; modifying certain provisions of the optometry law related to
scope of practice, definitions and credentialing requirements; amending
K.S.A. 65-1501, 65-1509a, 65-1512, 65-1523 and 74-1504 and K.S.A.
2024 Supp. 65-1501a and 65-1505 and repealing the existing sections;
also repealing K.S.A. 65-1514 and 74-1505.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 65-1501 is hereby amended to read as follows: 65-
1501. (a) The practice of optometry means:
(1) The examination of the human eye and its adnexae adnexa and
the employment of objective or subjective means or methods, (including
the administering, prescribing or dispensing, of topical pharmaceutical
drugs), for the purpose of diagnosing the refractive, muscular, or
pathological condition thereof;
(2) the use of medical devices and the prescribing, dispensing or
adapting of lenses, (including any ophthalmic lenses which are classified
as drugs by any law of the United States or of this state), prisms, low
vision rehabilitation services, orthoptic exercises and visual training
therapy for the relief of any insufficiencies or abnormal conditions of the
human eye and its adnexae adnexa; and
(3) the use of medical devices and the prescribing, administering or
dispensing of topical pharmaceutical drugs and oral drugs through all
routes of administration, except intraocular injections, for the
examination, diagnosis and treatment of ocular conditions and any
insufficiencies or abnormal conditions of the human eye and its adnexae
including adult open-angle glaucoma adnexa;
(4) the removal of non perforating foreign bodies from the cornea,
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conjunctiva or eyelids, removal of eyelashes, scraping the cornea for
diagnostic tests, smears or cultures, the dilation, probing, irrigation or
closing the tear drainage structure of the eye, expression of conjunctival
follicles or cysts, debridement of the corneal epithelium, incision and
curettage of a chalazion, removal and biopsy of skin lesions without
known malignancy, laser capsulotomy, laser trabeculoplasty and laser
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peripheral iridotomy; and
(5) the performance of additional procedures that are not otherwise
prohibited by subsection (b) that are within the scope of a licensee's
education and training for the treatment of any insufficiencies or
abnormal conditions of the human eye and its adnexa as authorized
pursuant to rules and regulations adopted by the board.
(b) The practice of optometry shall not include the performance of
the following procedures: (1) The management and treatment of glaucoma,
except as provided in subsection (a); (2) the performance of surgery,
including the use of lasers for surgical purposes, except that licensees may
remove non-perforating foreign bodies from the cornea, conjunctiva or
eyelids; remove eyelashes; scrape the cornea for diagnostic tests, smears or
cultures; dilate, probe, irrigate or close by punctal plug the tear drainage
structures of the eye; express conjunctival follicles or cysts; debridement
of the corneal epithelium and co-management of post-operative care; or
(3) the performance of procedures requiring anesthesia administered by
injection or general anesthesia Retinal surgery, penetrating keratoplasty or
corneal transplant, administration of or surgery performed under general
anesthesia, surgery related to the removal of the eye from a living human
being, surgical extraction of the crystalline lens, surgical intraocular
implants, incisional or excisional surgery of the extraocular muscles,
surgery of the bony orbit, laser assisted in situ keratomileusis or
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photorefractive keratectomy, YAG laser vitreolysis, and surgery of the
eyelid for cosmetic or mechanical repair of blepharochalasis, ptosis and
tarsorrhaphy. However, an optometrist may provide pre-operative and
post-operative care for the procedures in this subsection.
(c) A licensee shall be held to a standard of care in the diagnosis and
treatment of adult open-angle glaucoma commensurate to with that of a
person licensed to practice medicine and surgery, who exercises that
degree of skill and proficiency commonly exercised by an ordinary,
skillful, careful and prudent person licensed to practice medicine and
surgery.
(d) Under the direction and supervision of a licensee, a licensed
professional nurse, licensed practical nurse, licensed physical therapist and
licensed occupational therapist may assist in the provision of low vision
rehabilitation services in addition to such other services which that such
licensed professional nurse, licensed practical nurse, licensed physical
therapist and licensed occupational therapist is authorized by law to
provide under subsection (d) of K.S.A. 65-1113(d), subsection (h) of
K.S.A. 65-1124(h), subsection (b) of K.S.A. 65-2901(b) and subsection (b)
of K.S.A. 65-5402(b), and amendments thereto.
Sec. 2. K.S.A. 2024 Supp. 65-1501a is hereby amended to read as
follows: 65-1501a. For the purposes of this act the following terms shall
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have the meanings respectively ascribed to them As used in the optometry
law, unless the context requires otherwise:
(a) "Board" means the board of examiners in optometry established
under K.S.A. 74-1501, and amendments thereto.
(b) "License" means a license to practice optometry granted under the
optometry law.
(c) "Licensee" means a person licensed under the optometry law to
practice optometry.
(d) "Adapt" means the determination, selection, fitting or use of
lenses, prisms, orthoptic exercises or visual training therapy or the
modification of lenses using light or other means for the aid of any
insufficiencies or abnormal conditions of the eyes after or by examination
or testing.
(e) "Lenses" means any type of ophthalmic lenses, which are lenses
prescribed or used for the aid of any insufficiencies or abnormal conditions
of the eyes.
(f) "Prescription" means a verbal, written or electronic order
transmitted directly or by electronic means from a licensee giving or
containing the name and address of the prescriber, the license registration
number of the licensee, the name and address of the patient, the
specifications and directions for lenses, prisms, orthoptic exercises, low
vision rehabilitation services or visual training therapy to be used for the
aid of any insufficiencies or abnormal conditions of the eyes, including
instructions necessary for the fabrication or use thereof and the date of
issue.
(g) "Prescription for topical pharmaceutical drugs or oral drugs"
means a verbal, written or electronic order transmitted directly or by
electronic means from a licensee giving or containing the name and
address of the prescriber, the license registration number of the licensee,
the name and address of the patient, the name and quantity of the drug
prescribed, directions for use, the number of refills permitted, the date of
issue and expiration date.
(h) "Topical pharmaceutical drugs" means drugs administered
topically and not by other means.
(i) "Dispense" means to deliver prescription-only medication or
ophthalmic lenses to the ultimate user pursuant to the lawful prescription
of a licensee and dispensing of prescription-only medication by a licensee
shall be limited to a twenty-four hour 24-hour supply or minimal quantity
necessary until a prescription can be filled by a licensed pharmacist,
except that the twenty-four hour 24-hour supply or minimal quantity shall
not apply to lenses described in subsection (a)(2) of K.S.A. 65-1501(a)(2),
and amendments thereto.
(j)(i) "False advertisement" means any advertisement which that is
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false, misleading or deceptive in a material respect. In determining
whether any advertisement is misleading, there shall be taken into account
not only representations made or suggested by statement, word, design,
device, sound or any combination thereof, but also the extent to which the
advertisement fails to reveal facts material in the light of such
representations made.
(k)(j) "Advertisement" means all representations disseminated in any
manner or by any means, for the purpose of inducing, or which are likely
to induce, directly or indirectly, the purchase of professional services or
ophthalmic goods.
(l)(k) "Health careHealthcare provider" shall have the meaning
ascribed to that term means the same as defined in subsection (f) of K.S.A.
40-3401(f), and amendments thereto.
(m)(l) "Medical facility" shall have the meaning ascribed to that term
means the same as defined in subsection (c) of K.S.A. 65-411(c), and
amendments thereto.
(n)(m) "Medical care facility" shall have the meaning ascribed to that
term means the same as defined in K.S.A. 65-425, and amendments
thereto.
(o)(n) "Ophthalmologist" means a person licensed to practice
medicine and surgery by the state board of healing arts who specializes in
the diagnosis and medical and surgical treatment of diseases and defects of
the human eye and related structures.
(p)(o) "Low vision rehabilitation services" means the evaluation,
diagnosis, management and care of the low vision patient including low
vision rehabilitation therapy, education and interdisciplinary consultation
under the direction and supervision of an ophthalmologist or optometrist.
(q) "Oral drugs" means oral antibacterial drugs, oral antiviral drugs,
oral antihistamines, oral analgesic drugs, oral steroids, oral antiglaucoma
drugs and other oral drugs with clinically accepted ocular uses.
Sec. 3. K.S.A. 2024 Supp. 65-1505 is hereby amended to read as
follows: 65-1505. (a) Persons entitled to practice optometry in Kansas
shall be those persons licensed in accordance with the provisions of the
optometry law. A person shall be qualified to be licensed and to receive a
license as an optometrist: (1) Who is of good moral character; and in
determining the moral character of any such person, the board may take
into consideration any felony conviction of such person, but such
conviction shall not automatically operate as a bar to licensure; (2) who
has graduated from a school or college of optometry approved by the
board; and (3) who successfully meets and completes the requirements set
by the board and passes an examination given by the board.
(b) All applicants for licensure, in addition to successfully completing
all other requirements for licensure, shall submit evidence satisfactory to
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the board of professional liability insurance in an amount acceptable to the
board.
(c) Any person applying for examination by the board shall fill out
and swear to an application furnished by the board, accompanied by a fee
fixed by the board by rules and regulations in an amount of not to exceed
$450, and file the same with the secretary of the board at least 30 days
prior to the holding of the examination. At such examinations the board
shall examine each applicant in subjects taught in schools or colleges of
optometry approved by the board, as may be required by the board. If such
person complies with the other qualifications for licensing and passes such
examination, such person shall receive from the board, upon the payment
of a fee fixed by the board by rules and regulations in an amount of not to
exceed $150, a license entitling such person to practice optometry. In the
event of the failure on the part of the applicant to pass the first
examination, such person may, with the consent of the board, within 18
months, by filing an application accompanied by a fee fixed by the board
by rules and regulations in an amount of not to exceed $150, take a second
examination; for the third and each subsequent examination a fee fixed by
the board by rules and regulations in an amount of not to exceed $150.
Any examination fee and license fee fixed by the board under this
subsection which is in effect on the day preceding the effective date of this
act shall continue in effect until the board adopts rules and regulations
under this subsection fixing a different fee therefor.
(d) Any applicant for reciprocal licensure may in the board's
discretion be licensed and issued a license without examination if the
applicant has been in the active practice of optometry in another state for
at least the three-year period immediately preceding the application for
reciprocal licensure and the applicant:
(1) Presents a certified copy of a certificate of registration or license
which that has been issued to the applicant by another state where the
requirements for licensure are deemed by the board to be equivalent to the
requirements for licensure under this act, if such state accords a like
privilege to holders of a license issued by the board;
(2) submits a sworn statement of the licensing authority of such other
state that the applicant's license has never been limited, suspended or
revoked and that the applicant has never been censured or had other
disciplinary action taken;
(3) successfully passes an examination of Kansas law administered
by the board and such clinical practice examination as the board deems
necessary; and
(4) pays the reciprocal license fixed by the board by rules and
regulations in an amount of not to exceed $450. The reciprocal license fee
fixed by the board under this subsection which that is in effect on the day
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preceding the effective date of this act shall continue in effect until the
board adopts rules and regulations under this subsection fixing a different
fee therefor.
(e) The board shall adopt rules and regulations establishing the
criteria which that a school or college of optometry shall satisfy in meeting
the requirement of approval by the board established under subsection (a).
The board may send a questionnaire developed by the board to any school
or college of optometry for which the board does not have sufficient
information to determine whether the school or college meets the
requirements for approval and rules and regulations adopted under this act.
The questionnaire providing the necessary information shall be completed
and returned to the board in order for the school or college to be
considered for approval. The board may contract with investigative
agencies, commissions or consultants to assist the board in obtaining
information about schools or colleges. In entering such contracts the
authority to approve schools or colleges shall remain solely with the board.
(f) (1) The board may require an applicant for licensure or a licensee
in connection with an investigation of the licensee to be fingerprinted and
submit to a state and national criminal history record check in accordance
with K.S.A. 2024 Supp. 22-4714, and amendments thereto.
(2) (A) The board shall fix a fee for fingerprinting applicants or
licensees in an amount necessary to reimburse the board for the cost of the
fingerprinting. Fees collected under this subsection shall be deposited in
the criminal history and fingerprinting fund.
(B) There is hereby created in the state treasury the criminal history
and fingerprinting fund. All moneys credited to the fund shall be used to
pay all costs and fees associated with processing of fingerprints and
criminal history checks for the board of examiners in optometry. The fund
shall be administered by the board. All expenditures from the fund shall be
made in accordance with appropriation acts upon warrants of the director
of accounts and reports issued pursuant to vouchers approved by the
president of the board or a person designated by the president.
(g) Any licensee applying for credentialing by the board shall
complete and swear to an application form furnished by the board
accompanied by an additional fee fixed by the board by rules and
regulations in an amount necessary to reimburse the board for the cost of
credentialing.
Sec. 4. K.S.A. 65-1509a is hereby amended to read as follows: 65-
1509a. (a) In addition to the payment of the license renewal fee, each
licensee applying for license renewal shall furnish to the secretary of the
board satisfactory evidence of successfully completing a minimum of 24
hours of continuing education annually, five hours of which shall relate to
ocular pharmacology, therapeutics or related topics of study, approved by
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the board in the year just preceding such application for the renewal of the
license. The board, in its discretion, may increase the required hours of
continuing education by rules and regulations adopted by the board. On or
before April 1 of each year, the secretary of the board shall send a written
notice of continuing education requirements to this effect to every person
holding a valid license to practice optometry within the state as provided
in subsection (a) of K.S.A. 65-1509(a), and amendments thereto.
(b) The board shall establish credentialing requirements for a
licensee to administer or perform the procedures described in K.S.A. 65-
1501(a)(4), and amendments thereto.
Sec. 5. K.S.A. 65-1512 is hereby amended to read as follows: 65-
1512. This actThe provisions of article 15 of chapter 65 of the Kansas
Statutes Annotated, and amendments thereto, shall be known and may be
cited as the optometry law.
Sec. 6. K.S.A. 65-1523 is hereby amended to read as follows: 65-
1523. The board in its discretion, in addition to any other remedies
provided in this act, may apply to a court of competent jurisdiction for
injunctive relief against any person to restrain violations of the provisions
of this act, and the lawful rules and regulations promulgated by the board
under authority of this act.
Sec. 7. K.S.A. 74-1504 is hereby amended to read as follows: 74-
1504. (a) The board shall administer and enforce the provisions of the
optometry law, and the board is hereby granted such specific powers as are
necessary for the purpose of administering and enforcing such law. In
addition, the board may:
(1) Employ agents, attorneys and inspectors under such rules and
regulations as the board may prescribe in accordance with the provisions
of the optometry law, except that no state officer shall be eligible for
employment by the board.
(2) Make all necessary disbursements, to carry out the provisions of
this act, including payment for stationery supplies, acquire and acquiring
all necessary optical instruments to be used in the conducting of
examination, print and distribute to all optometrists in the state a yearbook
of the names and addresses of all optometrists licensed by the board
maintain and make available to the public a directory including the names
and addresses of all optometrists licensed by the board.
(3) Grant all licenses as seem just and proper and to suspend, limit,
revoke or refuse to renew any such licenses granted for any of the causes
specified under K.S.A. 65-1506, and amendments thereto.
(4) Administer oaths and take testimony upon granting or refusing to
grant, revoking, limiting or suspending licenses.
(5) Issue subpoenas, compel the attendance of witnesses and the
production of any papers, books, accounts, documents and testimony, and
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to cause the deposition of witnesses, either residing within or without the
state, to be taken in the manner prescribed by law for taking depositions in
civil actions in the district courts. In case of disobedience on the part of
any person to comply with any subpoena issued in behalf of the board, or
on the refusal of any witness to testify to any matters regarding which such
witness may be lawfully interrogated, the judge of the district court of any
county, on application of a member of the board, may compel obedience
by proceedings for contempt, as in the case of disobedience of the
requirements of a subpoena issued from such court or a refusal to testify in
such court. Each witness who appears before the board by the board's
order or subpoena, other than a state officer or employee, shall receive for
attendance the fees and mileage provided for witnesses in civil cases in
courts of record which that shall be audited and paid upon the presentation
of proper vouchers sworn to by such witnesses and approved by the
president and secretary-treasurer of the board.
(6) Adopt rules and regulations for the procedure and conduct of the
board and for the administration of the optometry law, which rules and
regulations shall that are not be inconsistent consistent with the provisions
of the optometry law.
(b) The board shall meet at least annually for the purpose of
examining applicants for licensure. Such meetings shall be held in Topeka.
At least 30 days prior to the examination, the board shall cause a special
notice to be published in the Kansas register stating the date and hour for
holding such examination. Special meetings shall be held at such times
and places as the board may direct.
(c) The board shall preserve an accurate record of all meetings and
proceedings of the board including receipts and disbursements with
vouchers therefor and complete minutes of all prosecutions and violations
of the optometry law and of examinations held under the provisions of the
optometry law and an accurate inventory of all property of the board. All
such records shall be kept in the office of the board and made accessible to
the public.
Sec. 8. K.S.A. 65-1501, 65-1509a, 65-1512, 65-1514, 65-1523, 74-
1504 and 74-1505 and K.S.A. 2024 Supp. 65-1501a and 65-1505 are
hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
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