Contact Person: Christi LeMay

1. (1) Provide a brief summary of:

   1. (a) What this administrative regulation does: The regulation establishes necessary Fees for administration of the duties of the Office of the Kentucky Board of Optometric Examiners, establishes a fine for non-compliance with the Continuing Education requirements, and acts as a repository for the Applications for licensure utilized by the public to make application for licensure and those utilized by existing licensees to modify their credentials as authorized by existing statutory law.
   2. (b) The necessity of this administrative regulation: KRS 320.240 and KRS 320.295 require the Board to promulgate administrative regulations to establish standards for the appropriate administration of Optometric practice in Kentucky. This regulation acts to put the public on notice related to the fees, fines, and forms utilized to interact with this agency.
   3. (c) How this administrative regulation conforms to the content of the authorizing statutes: The regulation establishes the fee, fines, and forms utilized in the regulation of Optometry Services in Kentucky in conjunction with statutory authority and standards contained in KRS Chapter 320, and is narrowly tailored to this purpose.
   4. (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: The regulation places stakeholders on notice related to appropriate fees for licensure, fines for non-compliance with the continuing education rule outlined in KRS 320.280, and the forms required to interact with the agency for the appropriate administration and regulation of Optometry Services in Kentucky as authorized by existing statutory law.

2. (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

   1. (a) How the amendment will change this existing administrative regulation: This is a new administrative regulation.
   2. (b) The necessity of the amendment to this administrative regulation: This is a new administrative regulation.
   3. (c) How the amendment conforms to the content of the authorizing statutes: This is a new administrative regulation.
   4. (d) How the amendment will assist in the effective administration of the statutes:
3. (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: Licensed Doctors of Optometry, and potential applicants for licensure totaling approximately 1,000 will be affected as will the Agency itself as it enforces these provisions.

4. (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

   1. (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: Kentucky Doctors of Optometry will be affected by this administrative regulation, as will the agency as it seeks to enforce these provisions.
   2. (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): There is no direct cost associated with these provisions as they simply establish the standards for appropriate regulation of Optometry Services, however certain fees will now be required for administration of the reinstatement of the license, and non-compliance with the continuing education rules for Kentucky Licensed Doctors of Optometry.
   3. (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The agency will have more direct means of monitoring professional practice. (5) Provide an estimate of how much it will cost to implement this administrative regulation:

5. (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

   1. (a) Initially: This will not cost the agency any money to implement.
   2. (b) On a continuing basis: This will not cost the agency nor stakeholders any money to implement.
6. (6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation: Agency Restricted Funds from Licensing fees and fines. The agency receives no unrestricted state or federal funds.
7. (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: Yes, this administrative regulation directly creates new fees, as well as a routine fine for violations of the licensing laws. Additionally, it increases some fees to promote timely renewal of licenses.
8. (8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees: Yes, this administrative regulation directly creates new fees, as well as a routine fine for violations of the licensing laws. Additionally, it increases some fees to promote timely renewal of licenses.
9. (9) TIERING: Is tiering applied? No. This administrative regulation treats all impacted entities the same.

(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.

1. (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? Some revenue may be generated in order to offset administrative costs of tracking non-compliance with continuing education rules. No regular fee revenue will be generated, unless additional fees are levied as a result late license renewal, or license reinstatement.
2. (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? Approx. $5,000 per year. This based on approx. 100 Doctors of Optometry renewing within the grace/late period with a late renewal fee of $100.
3. (c) How much will it cost to administer this program for the first year? No costs to administer the first year directly.
4. (d) How much will it cost to administer this program for subsequent years? No costs to administer directly.

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

1. Revenues (+/-):
2. Expenditures (+/-):
3. Other Explanation: The regulation establishes necessary Fees for administration of the duties of the Office of the Kentucky Board of Optometric Examiners, establishes a fine for non-compliance with the Continuing Education requirements, and acts as a repository for the Applications for licensure utilized by the public to make application for licensure and those utilized by existing licensees to modify their credentials as authorized by existing statutory law. It may generate revenue due to non-compliance with existing laws, however there are no cost-savings associated with this regulation.

4. (4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect. There will be no effect on the regulated entities assuming they renew their license during the renewal period, and comply with the continuing education requirements of KRS 320.280, and 201 KAR 5:030.

   1. (a) How much cost savings will this administrative regulation generate for the regulated entities for the first year? There is no anticipated cost savings or cost increase for the regulated entities as these rules unless licensees fail to comply with existing laws related to maintaining a license.
   2. (b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years? There is no anticipated cost savings or cost increase for the regulated entities as these rules have generally been effect for years previously.
   3. (c) How much will it cost the regulated entities for the first year? There are no explicit new costs nor any indirect costs associated with this filing.
   4. (d) How much will it cost the regulated entities for subsequent years? There are no explicit new costs nor any indirect costs associated with this filing.

Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

1. Cost Savings (+/-):
2. Expenditures (+/-):
3. Other Explanation: This filing reinitiates the KBOE’s Expired Regulations for Advertising, Expungement of Minor Violations, and Unprofessional Conduct which had previously been effect largely in this form. Additionally, it consolidates some other existing regulations. As such, there is no anticipated change in costs to regulated entities, who are optometrists and therefore no applicable dollar estimates to provide.
4. (5) Explain whether this administrative regulation will have a major economic impact, as defined below. "Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] No, that definition does not apply here for the reasons given above.