{"data":{"id":"us-ky/krs-367.6802","jurisdiction":"us-ky","citation":"KRS 367.6802","heading":"Assessment mechanism required to conduct eye assessment or to generate","body":"prescription for corrective eyewear -- Duties of optometrist, osteopath, or\nphysician -- Required disclosures to patient -- Construction of statute --\nAppropriate practice standards.\n(1) An assessment mechanism to conduct an eye assessment or to generate a\nprescription for contact lenses or visual aid glasses to a patient in Kentucky shall:\n(a) Provide synchronous or asynchronous interaction between the patient and the\nKentucky-licensed optometrist, osteopath, or physician;\n(b) Collect the patient's medical history, previous prescription for corrective\neyewear, and length of time since the patient's most recent in -person\ncomprehensive eye health examination;\n(c) Provide any a pplicable accommodation required by the federal Americans\nwith Disabilities Act, 42 U.S.C. secs. 12101 et seq., as amended;\n(d) Gather and transmit protected health information in compliance with the\nfederal Health Insurance Portability and Accountability Act of 1996, as\namended;\n(e) Be used to perform a procedure with a recognized Current Procedural\nTerminology code maintained by the American Medical Association, if\napplicable; and\n(f) Maintain liability insurance, through its owner or lessee, in an amount\nadequate to cover claims made by individuals diagnosed or treated based on\ninformation and data, including any photographs and scans, generated by the\nassessment mechanism.\n(2) A Kentucky-licensed optometrist, osteopath, or physician shall:\n(a) Read and i nterpret the diagnostic information and data, including any\nphotographs and scans, gathered by the assessment mechanism;\n(b) Verify the identity of the patient requesting treatment via the assessment\nmechanism;\n(c) Create and maintain a medical record for  each patient, which is for use during\nthe ongoing treatment of a patient, and complies with all state and federal laws\nregarding maintenance and accessibility;\n(d) Provide a handwritten or electronic signature, along with their Kentucky state\nlicense number, certifying their diagnosis, evaluation, treatment, prescription,\nor consultation recommendations of the patient;\n(e) Utilize an assessment mechanism for an eye assessment or to generate a\nprescription for visual aid glasses only if:\n1. The patient is at least eighteen (18) years of age; and\n2. The patient has received an in -person comprehensive eye health\nexamination by an optometrist, osteopath, or physician within the\nprevious twenty-four (24) months; and\n(f) Utilize an assessment mechanism to generate a prescription for contact lenses\nonly if:\n1. The patient is at least eighteen (18) years of age; and\n2. The patient has received an in -person comprehensive eye health\nexamination by an optometrist, osteopath, or physician:\na. For the initial prescription and one (1) follow-up or first renewal of\nthe initial prescription; or\nb. Within twenty -four (24) months after the follow -up or first\nrenewal of the initial prescription, and every twenty -four (24)\nmonths thereafter.\n(3) Prior to using an assessment mechanism, each Kentucky patient shall be provided\nwith and shall accept as a term of use a disclosure that includes the following\ninformation:\n(a) This assessment is not a replacement for an in -person comprehensive ey e\nhealth examination;\n(b) This assessment cannot be used to generate an initial prescription for contact\nlenses or a follow-up or first renewal of the initial prescription;\n(c) This assessment may only be used if the patient has had an in -person\ncomprehensive eye health examination within the previous twenty -four (24)\nmonths if the patient is conducting an eye assessment or receiving a\nprescription for visual aid glasses; and\n(d) The United States Centers for Disease Control and Prevention (CDC) advises\ncontact lens wearers to visit an eye doctor one (1) time a year or more often if\nneeded.\n(4) Evaluation, treatment, and consultation recommendations by a Kentucky -licensed\noptometrist, osteopath, or physician utilizing an assessment mechanism as required\nin this section, including issuing a prescription via electronic means, shall be held to\nthe same standards of appropriate practice as those in traditional in -person clinical\nsettings.\n(5) This section shall not:\n(a) Limit the discretion of a Kentucky -licensed optometrist, osteopath, or\nphysician to direct a patient to utilize any telehealth service deemed\nappropriate for any treatment and care of the patient;\n(b) Limit the sharing of patient information, in whatever form, between an\noptometrist, osteopath, or physician; or\n(c) Apply beyond ocular health and eye care.","path":["KRS Chapter 367"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47642","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:05Z","sha256":"9066dbdca2ac8f3a4afa1b63eca9e27a5f707854287f1d92dfdab3afadaeb88c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-367.6801","next":"us-ky/krs-367.681"},"notice":"GroundRules: Original legal text. Not legal advice."}