Kansas 2025-2026 Regular Session

Kansas Senate Bill SB291 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	SENATE BILL No. 291
3	3	By Committee on Assessment and Taxation
4	4	3-6
5	5	AN ACT concerning health professions and practices; relating to
6	6	optometry; modifying certain provisions of the optometry law related to
7	7	scope of practice, definitions and credentialing requirements; amending
8	8	K.S.A. 65-1501, 65-1509a, 65-1512, 65-1523 and 74-1504 and K.S.A.
9	9	2024 Supp. 65-1501a and 65-1505 and repealing the existing sections;
10	10	also repealing K.S.A. 65-1514 and 74-1505.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 65-1501 is hereby amended to read as follows: 65-
13	13	1501. (a) The practice of optometry means:
14	14	(1) The examination of the human eye and its adnexae adnexa and
15	15	the employment of objective or subjective means or methods, (including
16	16	the administering, prescribing or dispensing, of topical pharmaceutical
17	17	drugs), for the purpose of diagnosing the refractive, muscular, or
18	18	pathological condition thereof;
19	19	(2) the use of medical devices and the prescribing, dispensing or
20	20	adapting of lenses, (including any ophthalmic lenses which that are
21	21	classified as drugs by any law of the United States or of this state), prisms,
22	22	low vision rehabilitation services, orthoptic exercises and visual training
23	23	therapy for the relief of any insufficiencies or abnormal conditions of the
24	24	human eye and its adnexae adnexa; and
25	25	(3) the use of medical devices and the prescribing, administering or
26	26	dispensing of topical pharmaceutical drugs and oral drugs through all
27	27	routes of administration, except intraocular injections, for the
28	28	examination, diagnosis and treatment of ocular conditions and any
29	29	insufficiencies or abnormal conditions of the human eye and its adnexae
30	30	including adult open-angle glaucoma adnexa;
31	31	(4) the removal of non perforating foreign bodies from the cornea,
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34	34	conjunctiva or eyelids, removal of eyelashes, scraping the cornea for
35	35	diagnostic tests, smears or cultures, the dilation, probing, irrigation or
36	36	closing the tear drainage structure of the eye, expression of conjunctival
37	37	follicles or cysts, debridement of the corneal epithelium, incision and
38	38	curettage of a chalazion, removal and biopsy of skin lesions without
39	39	known malignancy, laser capsulotomy, laser trabeculoplasty and laser
40	40	peripheral iridotomy; and
41	41	(5) the performance of additional procedures that are not otherwise
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78	78	prohibited by subsection (b) that are within the scope of a licensee's
79	79	education and training for the treatment of any insufficiencies or
80	80	abnormal conditions of the human eye and its adnexa as authorized
81	81	pursuant to rules and regulations adopted by the board.
82	82	(b) The practice of optometry shall not include the performance of
83	83	the following procedures: (1) The management and treatment of glaucoma,
84	84	except as provided in subsection (a); (2) the performance of surgery,
85	85	including the use of lasers for surgical purposes, except that licensees may
86	86	remove non-perforating foreign bodies from the cornea, conjunctiva or
87	87	eyelids; remove eyelashes; scrape the cornea for diagnostic tests, smears or
88	88	cultures; dilate, probe, irrigate or close by punctal plug the tear drainage
89	89	structures of the eye; express conjunctival follicles or cysts; debridement
90	90	of the corneal epithelium and co-management of post-operative care; or
91	91	(3) the performance of procedures requiring anesthesia administered by
92	92	injection or general anesthesia Retinal surgery, penetrating keratoplasty or
93	93	corneal transplant, administration of or surgery performed under general
94	94	anesthesia, surgery related to the removal of the eye from a living human
95	95	being, surgical extraction of the crystalline lens, surgical intraocular
96	96	implants, incisional or excisional surgery of the extraocular muscles,
97	97	surgery of the bony orbit, laser assisted in situ keratomileusis or
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100	100	photorefractive keratectomy, YAG laser vitreolysis, and surgery of the
101	101	eyelid for cosmetic or mechanical repair of blepharochalasis, ptosis and
102	102	tarsorrhaphy. However, an optometrist may provide pre-operative and
103	103	post-operative care for the procedures in this subsection.
104	104	(c) A licensee shall be held to a standard of care in the diagnosis and
105	105	treatment of adult open-angle glaucoma commensurate to with that of a
106	106	person licensed to practice medicine and surgery, who exercises that
107	107	degree of skill and proficiency commonly exercised by an ordinary,
108	108	skillful, careful and prudent person licensed to practice medicine and
109	109	surgery.
110	110	(d) Under the direction and supervision of a licensee, a licensed
111	111	professional nurse, licensed practical nurse, licensed physical therapist and
112	112	licensed occupational therapist may assist in the provision of low vision
113	113	rehabilitation services in addition to such other services which that such
114	114	licensed professional nurse, licensed practical nurse, licensed physical
115	115	therapist and licensed occupational therapist is authorized by law to
116	116	provide under subsection (d) of K.S.A. 65-1113(d), subsection (h) of
117	117	K.S.A. 65-1124(h), subsection (b) of K.S.A. 65-2901(b) and subsection (b)
118	118	of K.S.A. 65-5402(b), and amendments thereto.
119	119	Sec. 2. K.S.A. 2024 Supp. 65-1501a is hereby amended to read as
120	120	follows: 65-1501a. For the purposes of this act the following terms shall
121	121	have the meanings respectively ascribed to them As used in the optometry
122	122	law, unless the context requires otherwise:
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166	166	(a) "Board" means the board of examiners in optometry established
167	167	under K.S.A. 74-1501, and amendments thereto.
168	168	(b) "License" means a license to practice optometry granted under the
169	169	optometry law.
170	170	(c) "Licensee" means a person licensed under the optometry law to
171	171	practice optometry.
172	172	(d) "Adapt" means the determination, selection, fitting or use of
173	173	lenses, prisms, orthoptic exercises or visual training therapy or the
174	174	modification of lenses using light or other means for the aid of any
175	175	insufficiencies or abnormal conditions of the eyes after or by examination
176	176	or testing.
177	177	(e) "Lenses" means any type of ophthalmic lenses, which are lenses
178	178	prescribed or used for the aid of any insufficiencies or abnormal conditions
179	179	of the eyes.
180	180	(f) "Prescription" means a verbal, written or electronic order
181	181	transmitted directly or by electronic means from a licensee giving or
182	182	containing the name and address of the prescriber, the license registration
183	183	number of the licensee, the name and address of the patient, the
184	184	specifications and directions for lenses, prisms, orthoptic exercises, low
185	185	vision rehabilitation services or visual training therapy to be used for the
186	186	aid of any insufficiencies or abnormal conditions of the eyes, including
187	187	instructions necessary for the fabrication or use thereof and the date of
188	188	issue.
189	189	(g) "Prescription for topical pharmaceutical drugs or oral drugs"
190	190	means a verbal, written or electronic order transmitted directly or by
191	191	electronic means from a licensee giving or containing the name and
192	192	address of the prescriber, the license registration number of the licensee,
193	193	the name and address of the patient, the name and quantity of the drug
194	194	prescribed, directions for use, the number of refills permitted, the date of
195	195	issue and expiration date.
196	196	(h) "Topical pharmaceutical drugs" means drugs administered
197	197	topically and not by other means.
198	198	(i) "Dispense" means to deliver prescription-only medication or
199	199	ophthalmic lenses to the ultimate user pursuant to the lawful prescription
200	200	of a licensee and dispensing of prescription-only medication by a licensee
201	201	shall be limited to a twenty-four hour 24-hour supply or minimal quantity
202	202	necessary until a prescription can be filled by a licensed pharmacist,
203	203	except that the twenty-four hour 24-hour supply or minimal quantity shall
204	204	not apply to lenses described in subsection (a)(2) of K.S.A. 65-1501(a)(2),
205	205	and amendments thereto.
206	206	(j)(i) "False advertisement" means any advertisement which that is
207	207	false, misleading or deceptive in a material respect. In determining
208	208	whether any advertisement is misleading, there shall be taken into account
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252	252	not only representations made or suggested by statement, word, design,
253	253	device, sound or any combination thereof, but also the extent to which the
254	254	advertisement fails to reveal facts material in the light of such
255	255	representations made.
256	256	(k)(j) "Advertisement" means all representations disseminated in any
257	257	manner or by any means, for the purpose of inducing, or which that are
258	258	likely to induce, directly or indirectly, the purchase of professional services
259	259	or ophthalmic goods.
260	260	(l)(k) "Health careHealthcare provider" shall have the meaning
261	261	ascribed to that term means the same as defined in subsection (f) of K.S.A.
262	262	40-3401(f), and amendments thereto.
263	263	(m)(l) "Medical facility" shall have the meaning ascribed to that term
264	264	means the same as defined in subsection (c) of K.S.A. 65-411(c), and
265	265	amendments thereto.
266	266	(n)(m) "Medical care facility" shall have the meaning ascribed to that
267	267	term means the same as defined in K.S.A. 65-425, and amendments
268	268	thereto.
269	269	(o)(n) "Ophthalmologist" means a person licensed to practice
270	270	medicine and surgery by the state board of healing arts who specializes in
271	271	the diagnosis and medical and surgical treatment of diseases and defects of
272	272	the human eye and related structures.
273	273	(p)(o) "Low vision rehabilitation services" means the evaluation,
274	274	diagnosis, management and care of the low vision patient including low
275	275	vision rehabilitation therapy, education and interdisciplinary consultation
276	276	under the direction and supervision of an ophthalmologist or optometrist.
277	277	(q) "Oral drugs" means oral antibacterial drugs, oral antiviral drugs,
278	278	oral antihistamines, oral analgesic drugs, oral steroids, oral antiglaucoma
279	279	drugs and other oral drugs with clinically accepted ocular uses.
280	280	Sec. 3. K.S.A. 2024 Supp. 65-1505 is hereby amended to read as
281	281	follows: 65-1505. (a) Persons entitled to practice optometry in Kansas
282	282	shall be those persons licensed in accordance with the provisions of the
283	283	optometry law. A person shall be qualified to be licensed and to receive a
284	284	license as an optometrist: (1) Who is of good moral character; and in
285	285	determining the moral character of any such person, the board may take
286	286	into consideration any felony conviction of such person, but such
287	287	conviction shall not automatically operate as a bar to licensure; (2) who
288	288	has graduated from a school or college of optometry approved by the
289	289	board; and (3) who successfully meets and completes the requirements set
290	290	by the board and passes an examination given by the board.
291	291	(b) All applicants for licensure, in addition to successfully completing
292	292	all other requirements for licensure, shall submit evidence satisfactory to
293	293	the board of professional liability insurance in an amount acceptable to the
294	294	board.
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338	338	(c) Any person applying for examination by the board shall fill out
339	339	and swear to an application furnished by the board, accompanied by a fee
340	340	fixed by the board by rules and regulations in an amount of not to exceed
341	341	$450, and file the same with the secretary of the board at least 30 days
342	342	prior to the holding of the examination. At such examinations the board
343	343	shall examine each applicant in subjects taught in schools or colleges of
344	344	optometry approved by the board, as may be required by the board. If such
345	345	person complies with the other qualifications for licensing and passes such
346	346	examination, such person shall receive from the board, upon the payment
347	347	of a fee fixed by the board by rules and regulations in an amount of not to
348	348	exceed $150, a license entitling such person to practice optometry. In the
349	349	event of the failure on the part of the applicant to pass the first
350	350	examination, such person may, with the consent of the board, within 18
351	351	months, by filing an application accompanied by a fee fixed by the board
352	352	by rules and regulations in an amount of not to exceed $150, take a second
353	353	examination; for the third and each subsequent examination a fee fixed by
354	354	the board by rules and regulations in an amount of not to exceed $150.
355	355	Any examination fee and license fee fixed by the board under this
356	356	subsection which that is in effect on the day preceding the effective date of
357	357	this act shall continue in effect until the board adopts rules and regulations
358	358	under this subsection fixing a different fee therefor.
359	359	(d) Any applicant for reciprocal licensure may in the board's
360	360	discretion be licensed and issued a license without examination if the
361	361	applicant has been in the active practice of optometry in another state for
362	362	at least the three-year period immediately preceding the application for
363	363	reciprocal licensure and the applicant:
364	364	(1) Presents a certified copy of a certificate of registration or license
365	365	which that has been issued to the applicant by another state where the
366	366	requirements for licensure are deemed by the board to be equivalent to the
367	367	requirements for licensure under this act, if such state accords a like
368	368	privilege to holders of a license issued by the board;
369	369	(2) submits a sworn statement of the licensing authority of such other
370	370	state that the applicant's license has never been limited, suspended or
371	371	revoked and that the applicant has never been censured or had other
372	372	disciplinary action taken;
373	373	(3) successfully passes an examination of Kansas law administered
374	374	by the board and such clinical practice examination as the board deems
375	375	necessary; and
376	376	(4) pays the reciprocal license fixed by the board by rules and
377	377	regulations in an amount of not to exceed $450. The reciprocal license fee
378	378	fixed by the board under this subsection which that is in effect on the day
379	379	preceding the effective date of this act shall continue in effect until the
380	380	board adopts rules and regulations under this subsection fixing a different
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424	424	fee therefor.
425	425	(e) The board shall adopt rules and regulations establishing the
426	426	criteria which that a school or college of optometry shall satisfy in meeting
427	427	the requirement of approval by the board established under subsection (a).
428	428	The board may send a questionnaire developed by the board to any school
429	429	or college of optometry for which the board does not have sufficient
430	430	information to determine whether the school or college meets the
431	431	requirements for approval and rules and regulations adopted under this act.
432	432	The questionnaire providing the necessary information shall be completed
433	433	and returned to the board in order for the school or college to be
434	434	considered for approval. The board may contract with investigative
435	435	agencies, commissions or consultants to assist the board in obtaining
436	436	information about schools or colleges. In entering such contracts the
437	437	authority to approve schools or colleges shall remain solely with the board.
438	438	(f) (1) The board may require an applicant for licensure or a licensee
439	439	in connection with an investigation of the licensee to be fingerprinted and
440	440	submit to a state and national criminal history record check in accordance
441	441	with K.S.A. 2024 Supp. 22-4714, and amendments thereto.
442	442	(2) (A) The board shall fix a fee for fingerprinting applicants or
443	443	licensees in an amount necessary to reimburse the board for the cost of the
444	444	fingerprinting. Fees collected under this subsection shall be deposited in
445	445	the criminal history and fingerprinting fund.
446	446	(B) There is hereby created in the state treasury the criminal history
447	447	and fingerprinting fund. All moneys credited to the fund shall be used to
448	448	pay all costs and fees associated with processing of fingerprints and
449	449	criminal history checks for the board of examiners in optometry. The fund
450	450	shall be administered by the board. All expenditures from the fund shall be
451	451	made in accordance with appropriation acts upon warrants of the director
452	452	of accounts and reports issued pursuant to vouchers approved by the
453	453	president of the board or a person designated by the president.
454	454	(g) Any licensee applying for credentialing by the board shall
455	455	complete and swear to an application form furnished by the board
456	456	accompanied by an additional fee fixed by the board by rules and
457	457	regulations in an amount necessary to reimburse the board for the cost of
458	458	credentialing.
459	459	Sec. 4. K.S.A. 65-1509a is hereby amended to read as follows: 65-
460	460	1509a. (a) In addition to the payment of the license renewal fee, each
461	461	licensee applying for license renewal shall furnish to the secretary of the
462	462	board satisfactory evidence of successfully completing a minimum of 24
463	463	hours of continuing education annually, five hours of which shall relate to
464	464	ocular pharmacology, therapeutics or related topics of study, approved by
465	465	the board in the year just preceding such application for the renewal of the
466	466	license. The board, in its discretion, may increase the required hours of
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510	510	continuing education by rules and regulations adopted by the board. On or
511	511	before April 1 of each year, the secretary of the board shall send a written
512	512	notice of continuing education requirements to this effect to every person
513	513	holding a valid license to practice optometry within the state as provided
514	514	in subsection (a) of K.S.A. 65-1509(a), and amendments thereto.
515	515	(b) The board shall establish credentialing requirements for a
516	516	licensee to administer or perform the procedures described in K.S.A. 65-
517	517	1501(a)(4), and amendments thereto.
518	518	Sec. 5. K.S.A. 65-1512 is hereby amended to read as follows: 65-
519	519	1512. This actThe provisions of article 15 of chapter 65 of the Kansas
520	520	Statutes Annotated, and amendments thereto, shall be known and may be
521	521	cited as the optometry law.
522	522	Sec. 6. K.S.A. 65-1523 is hereby amended to read as follows: 65-
523	523	1523. The board in its discretion, in addition to any other remedies
524	524	provided in this act, may apply to a court of competent jurisdiction for
525	525	injunctive relief against any person to restrain violations of the provisions
526	526	of this act, and the lawful rules and regulations promulgated by the board
527	527	under authority of this act.
528	528	Sec. 7. K.S.A. 74-1504 is hereby amended to read as follows: 74-
529	529	1504. (a) The board shall administer and enforce the provisions of the
530	530	optometry law, and the board is hereby granted such specific powers as are
531	531	necessary for the purpose of administering and enforcing such law. In
532	532	addition, the board may:
533	533	(1) Employ agents, attorneys and inspectors under such rules and
534	534	regulations as the board may prescribe in accordance with the provisions
535	535	of the optometry law, except that no state officer shall be eligible for
536	536	employment by the board.
537	537	(2) Make all necessary disbursements, to carry out the provisions of
538	538	this act, including payment for stationery supplies, acquire and acquiring
539	539	all necessary optical instruments to be used in the conducting of
540	540	examination, print and distribute to all optometrists in the state a yearbook
541	541	of the names and addresses of all optometrists licensed by the board
542	542	maintain and make available to the public a directory including the names
543	543	and addresses of all optometrists licensed by the board.
544	544	(3) Grant all licenses as seem just and proper and to suspend, limit,
545	545	revoke or refuse to renew any such licenses granted for any of the causes
546	546	specified under K.S.A. 65-1506, and amendments thereto.
547	547	(4) Administer oaths and take testimony upon granting or refusing to
548	548	grant, revoking, limiting or suspending licenses.
549	549	(5) Issue subpoenas, compel the attendance of witnesses and the
550	550	production of any papers, books, accounts, documents and testimony, and
551	551	to cause the deposition of witnesses, either residing within or without the
552	552	state, to be taken in the manner prescribed by law for taking depositions in
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596	596	civil actions in the district courts. In case of disobedience on the part of
597	597	any person to comply with any subpoena issued in behalf of the board, or
598	598	on the refusal of any witness to testify to any matters regarding which such
599	599	witness may be lawfully interrogated, the judge of the district court of any
600	600	county, on application of a member of the board, may compel obedience
601	601	by proceedings for contempt, as in the case of disobedience of the
602	602	requirements of a subpoena issued from such court or a refusal to testify in
603	603	such court. Each witness who appears before the board by the board's
604	604	order or subpoena, other than a state officer or employee, shall receive for
605	605	attendance the fees and mileage provided for witnesses in civil cases in
606	606	courts of record, which shall be audited and paid upon the presentation of
607	607	proper vouchers sworn to by such witnesses and approved by the president
608	608	and secretary-treasurer of the board.
609	609	(6) Adopt rules and regulations for the procedure and conduct of the
610	610	board and for the administration of the optometry law, which rules and
611	611	regulations shall that are not be inconsistent consistent with the provisions
612	612	of the optometry law.
613	613	(b) The board shall meet at least annually for the purpose of
614	614	examining applicants for licensure. Such meetings shall be held in Topeka.
615	615	At least 30 days prior to the examination, the board shall cause a special
616	616	notice to be published in the Kansas register stating the date and hour for
617	617	holding such examination. Special meetings shall be held at such times
618	618	and places as the board may direct.
619	619	(c) The board shall preserve an accurate record of all meetings and
620	620	proceedings of the board, including receipts and disbursements with
621	621	vouchers therefor and complete minutes of all prosecutions and violations
622	622	of the optometry law and of examinations held under the provisions of the
623	623	optometry law and an accurate inventory of all property of the board. All
624	624	such records shall be kept in the office of the board and made accessible to
625	625	the public.
626	626	Sec. 8. K.S.A. 65-1501, 65-1509a, 65-1512, 65-1514, 65-1523, 74-
627	627	1504 and 74-1505 and K.S.A. 2024 Supp. 65-1501a and 65-1505 are
628	628	hereby repealed.
629	629	Sec. 9. This act shall take effect and be in force from and after its
630	630	publication in the statute book.
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