Committee approves amendment to optometry emergency rule after attorney general review

The interim joint committee on health services voted to approve a committee amendment to the emergency optometry regulation 201KAR005021 after reviewing an opinion from the attorney general and lengthy stakeholder discussion.

The amendment removes the American Board of Optometry (ABO) board‑certification exam as an alternative to NBEO part 3 for any candidate taking the exam on or after July 17, 2026. Marybeth Morris, president of the Kentucky Board of Optometric Examiners, told the committee the board has accepted the amendment and is working to bring its processes into compliance with statute. “As a result of these discussions, the KBOE has agreed to the committee amendment,” Morris said.

The committee considered work that followed an attorney general opinion finding the board had statutory authority to accept alternative testing but had not followed the KRS 13A rulemaking process when it implemented some alternatives during COVID. Christopher Thacker, general counsel in the attorney general’s office, told members the opinion did not fault the substance of the board’s decisions but found procedural defects: the board “attempted to modify regulatory requirements by a simple board vote without going through the 13A process,” he said.

Under the amended approach, the board said it will require affected licensees who were licensed through an alternative exam pathway to demonstrate completion of NBEO parts 1, 2, TMOD and part 3 prior to license renewal when applicable, and it has restricted certain privileges (for example, performing laser procedures) until those requirements are met. Morris described steps the board has taken, including retaining outside counsel, removing additional test options for initial licensure, requiring full board approval of initial applications, conflict‑of‑interest disclosures and a licensee lookup feature on the board website.

The committee voted to approve the committee amendment with favorable expression. The regulation and related implementation steps will be monitored by legislative staff and the board.

What happens next: The board will continue its review and licensing‑remediation process; the committee asked staff and board counsel to remain available to answer follow‑up questions.

Provenance: This article is based on the committee’s discussion of the optometry emergency regulation beginning with the committee’s introduction at the start of the optometry item and concluding with the committee vote to approve the committee amendment.