CHAPTER 23 HOUSE BILL No. 2117 (Amended by Chapter 152) An  Act concerning the optometry law; amending K.S.A. 65-1509, 65-1509a, 65-1516 and
65-1524 and K.S.A. 1998 Supp. 65-1501, 65-1501a, 65-1505, 65-1522 and 74-1505 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1998 Supp. 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 and the em-
ployment of objective or subjective means or methods (including the ad-
ministering, prescribing or dispensing, of topical pharmaceutical drugs)
for the purpose of diagnosing the refractive, muscular, or pathological
condition thereof;

      (2) the prescribing 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; and

      (3) except as otherwise limited by this section, the prescribing, ad-
ministering or dispensing of topical pharmaceutical drugs and oral drugs
for the examination, diagnosis and treatment of any insufficiencies or
abnormal conditions of the human eye and its adnexae.

      (b) The practice of optometry shall not include: (1) The management
and treatment of glaucoma, except as provided in subsection (d); (2) the
performance of surgery, including the use of lasers for surgical purposes,
except that therapeutic licensees may remove superficial foreign bodies
from the cornea and the conjunctiva; and (3) the use of topical pharma-
ceutical drugs for diagnostic or therapeutic purposes by a person licensed
to practice optometry unless such person successfully meets and com-
pletes the requirements of K.S.A. 65-1505 and amendments thereto a
diagnostic licensee or a therapeutic licensee; and (4) the prescribing, ad-
ministering and dispensing of oral drugs for ocular conditions by a person
licensed to practice optometry unless such person successfully meets the
requirements of a therapeutic licensee, except that such therapeutic li-
censee may prescribe or administer oral steroids or oral antiglaucoma
drugs for ocular conditions following consultation with an ophthalmolo-
gist, which consultation shall be noted in writing in the patient's file. No
optometrist may prescribe or administer oral drugs to persons less than
six years of age.

      (c) An optometrist certified to use topical pharmaceutical drugs and
an optometrist A therapeutic licensee certified to treat adult open-angle
glaucoma as provided herein shall be held to a standard of care in the
use of such agents in diagnosis and treatment commensurate to that of a
person licensed to practice medicine and surgery, who exercises that de-
gree of skill and proficiency commonly exercised by an ordinary, skillful,
careful and prudent person licensed to practice medicine and surgery.

      (d) An optometrist may prescribe, administer and dispense topical
pharmaceutical drugs and oral drugs for the treatment of adult open-
angle glaucoma only following glaucoma licensure as provided in subsec-
tion (l) of K.S.A. 65-1501a and amendments thereto. After the initial
diagnosis of adult open-angle glaucoma, by an optometrist during the co-
management period described in subsection (s) of K.S.A. 65-1501a and
amendments thereto, the patient shall be notified that the diagnosis must
be confirmed by an ophthalmologist and that any subsequent treatment
requires a written co-management plan with an ophthalmologist of the
patient's choice.

      (e) Under the direction and supervision of a therapeutic licensee, a
licensed professional nurse, licensed practical nurse, registered physical
therapist and registered occupational therapist may assist in the provision
of low vision rehabilitation services in addition to such other services
which such licensed professional nurse, licensed practical nurse, regis-
tered physical therapist and registered occupational therapist is author-
ized by law to provide under subsection (d) of K.S.A. 65-1113, subsection
(h) of K.S.A. 65-1124, subsection (b) of K.S.A. 65-2901 and subsection (b)
of K.S.A. 65-5402, and amendments thereto.

      Sec.  2. K.S.A. 1998 Supp. 65-1501a is hereby amended to read as
follows: 65-1501a. For the purposes of this act the following terms shall
have the meanings respectively ascribed to them unless the context re-
quires 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 for the aid of
any insufficiencies or abnormal conditions of the eyes after or by exami-
nation or testing.

      (e) ``Lenses'' means any type of ophthalmic lenses, which are lenses
prescribed or used for the aid of any insufficiencies or abnormal condi-
tions of the eyes.

      (f) ``Prescription'' means a verbal or written order directly 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 ex-
ercises, 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 or written order directly from a licensee expressly certified
to prescribe drugs under the optometry law and 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 topi-
cally and not by other means for the examination, diagnosis and treatment
of the human eye and its adnexae.

      (i) ``Dispense'' means to deliver prescription-only medication or oph-
thalmic 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 supply or minimal quantity nec-
essary until a prescription can be filled by a licensed pharmacist.

      (j) ``Diagnostic licensee'' means a person licensed under the optom-
etry law and certified by the board to administer or dispense topical phar-
maceutical drugs for diagnostic purposes.

      (k) ``Therapeutic licensee'' means a person licensed under the optom-
etry law and certified by the board to prescribe, administer or dispense
topical pharmaceutical drugs for therapeutic purposes and oral drugs,
following completion of a fifteen-hour course approved by the board per-
taining to the use of oral drugs in ocular therapeutics, except that a person
applying for therapeutic licensure who has graduated after January 1,
1999, from a school or college of optometry approved by the board shall
not be required to take such course. Therapeutic licensees on the effective
date of this act shall complete the fifteen-hour course described in this
subsection before May 31, 2000.

      (l) ``Glaucoma licensee'' means a person described in subsections (j)
and (k) of this section who is also licensed under the optometry law to
manage and treat adult open-angle glaucoma by nonsurgical means, in-
cluding the prescribing, administering and dispensing of topical phar-
maceutical drugs, but not other pharmaceutical drugs and oral drugs.

      (m) ``False advertisement'' means any advertisement which is 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, de-
vice, sound or any combination thereof, but also the extent to which the
advertisement fails to reveal facts material in the light of such represen-
tations made.

      (n) ``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.

      (o) ``Health care provider'' shall have the meaning ascribed to that
term in subsection (f) of K.S.A. 40-3401 and amendments thereto.

      (p) ``Medical facility'' shall have the meaning ascribed to that term in
subsection (c) of K.S.A. 65-411 and amendments thereto.

      (q) ``Medical care facility'' shall have the meaning ascribed to that
term in K.S.A. 65-425 and amendments thereto.

      (r) ``Co-management'' means confirmation by an ophthalmologist of
a licensee's diagnosis of adult open-angle glaucoma together with a writ-
ten treatment plan which includes (1) all tests and examinations sup-
porting the diagnosis, (2) a schedule of tests and examinations necessary
to treat the patient's condition, (3) a medication plan, (4) a target intra-
ocular pressure, (5) periodic review of the patient's progress and (6) cri-
teria for referral of the patient to an ophthalmologist for additional treat-
ment or surgical intervention, except that any co-management plan may
be modified only with the consent of both the ophthalmologist and the
optometrist and the modification noted in writing on the patient's record.

      (s) ``Co-management period'' means that period of time during which
an optometrist co-manages patients either suspected of having or diag-
nosed as having adult open-angle glaucoma with an ophthalmologist.

      (t) ``Ophthalmologist'' means a person licensed to practice medicine
and surgery by the state board of healing arts who specializes in the di-
agnosis and medical and surgical treatment of diseases and defects of the
human eye and related structures.

      (u) ``Low vision rehabilitation services'' means the evaluation, diag-
nosis, management and care of the low vision patient including low vision
rehabilitation therapy, education and interdisciplinary consultation un-
der the direction and supervision of an ophthalmologist or optometrist.

      (v) ``Oral drugs'' means oral antibacterial drugs, oral antiviral drugs,
oral antihistamines, oral analgesic drugs, oral steroids and oral antiglau-
coma drugs.

      Sec.  3. K.S.A. 1998 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 convic-
tion 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. All licenses
issued on and after the effective date of this act, to persons not licensed
in this state or in another state prior to July 1, 1996, shall be diagnostic,
therapeutic and glaucoma licenses.

      (b) All applicants for licensure or reciprocal licensure, except as pro-
vided in subsection (a) and (f), in addition to successfully completing all
other requirements for licensure, shall take and successfully pass an ex-
amination required by the board before being certified by the board as a
diagnostic and therapeutic licensee.

      (c) All persons before taking the examination required by the board
to be certified as a diagnostic and therapeutic licensee shall submit evi-
dence satisfactory to the board of having successfully completed a course
approved by the board in didactic education and clinical training in the
examination, diagnosis and treatment of conditions of the human eye and
its adnexae, totaling at least 100 hours.

      (d) All applicants for glaucoma licensure, in addition to successfully
completing all other requirements for licensure, shall submit evidence
satisfactory to the board of: (1) Professional liability insurance in an
amount acceptable to the board, (2) completion of a course of instruction
approved by the board after consultation with the interprofessional ad-
visory committee which includes at least 24 hours of training in the treat-
ment and co-management of adult open-angle glaucoma and (3) co-man-
agement for a period of at least 24 months and not less than 20 diagnoses
of suspected or confirmed glaucoma, except that the board may eliminate
or shorten the co-management period, and eliminate or reduce the num-
ber of diagnoses of suspected or confirmed glaucoma for applicants for
glaucoma licensure who graduate from approved optometric schools or
colleges after July 1, 1998.

      (e) 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 $150, 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 col-
leges 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 $30, 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 $75,
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 $45. 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 regu-
lations under this subsection fixing a different fee therefor.

      (f) Any applicant for reciprocal licensure may in the board's discretion
be licensed and issued a license without examination in the category of
licensure under the optometry law for which application is made 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 has been issued to the applicant by another state where the require-
ments for licensure are deemed by the board to be equivalent to the
requirements for licensure in the category of licensure under this act for
which application is made, 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; and

      (3) successfully passes an examination of Kansas law administered by
the board and such clinical practice examination as the board deems nec-
essary.

      Such If such applicant was first licensed in another state prior to July
1, 1987, the applicant shall be required to satisfy only the requirements
of the category of licensure under the optometry law for which application
is made and which existed in this state at the time of the applicant's
licensure in such other state; or, if such requirements did not exist in this
state at the time of the applicant's licensure in such other state, the ap-
plicant shall be required to satisfy only the requirements of the category
of licensure under the optometry law for which application is made which
originally were required for that category of licensure. If such applicant
was first licensed in another state on or after July 1, 1987, the applicant
shall apply to initially be issued a diagnostic and therapeutic license and
shall be required to satisfy all the requirements of that category of licen-
sure under this act. The fee for licensing such applicants shall be fixed
by the board by rules and regulations in an amount of not to exceed $150.
The reciprocal license fee fixed by the board under this subsection which
is in effect on the day preceding the effective date of this act shall con-
tinue in effect until the board adopts rules and regulations under this
subsection fixing a different fee therefor.

      (g) The board shall adopt rules and regulations establishing the cri-
teria which 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 com-
pleted and returned to the board in order for the school or college to be
considered for approval. The board may contract with investigative agen-
cies, commissions or consultants to assist the board in obtaining infor-
mation about schools or colleges. In entering such contracts the authority
to approve schools or colleges shall remain solely with the board.

      Sec.  4. K.S.A. 65-1509 is hereby amended to read as follows: 65-
1509. (a) Before engaging in the practice of optometry in this state, it
shall be the duty of each licensed optometrist to notify the board in writ-
ing of the address of the office or offices where such licensee is to engage
or intends to engage in the practice of optometry and of any changes in
the licensee's location of practice. Any notice required to be given by the
board to any licensed optometrist may be given by mailing to such address
through the United States mail, postpaid.

      (b) Any license to practice optometry issued by the board shall expire
on May 31 of each year and may be renewed annually upon request of
the licensee. The request for renewal shall be on a form provided by the
board and shall be accompanied by the prescribed fee, which shall be
paid no later than the expiration date of the license.

      (c) On or before May 1 each year, the board shall determine the
amount that may be necessary for the next ensuing fiscal year to carry
out and enforce the provisions of the optometry law, and shall fix by rules
and regulations the renewal fee and the fees provided for in K.S.A. 65-
1505 and amendments thereto, in such amounts as may be necessary for
that purpose. The renewal fee shall not exceed $150. Upon fixing such
fees, the board shall immediately notify all licensees of the amount of
such fees for the ensuing year. In every year hereafter, every licensed
optometrist shall pay to the board of examiners a fee for a renewal of
such license for each year. The license renewal 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) At least 30 days before the expiration of the licensee's license, the
board shall notify each licensee of the expiration by mail addressed to the
licensee's last known address. If the licensee fails to pay the annual fee
or show proof of compliance with the continuing education requirements
by the date of the expiration of the license, the licensee shall be mailed
a second notice that the licensee's license has expired, that the board shall
suspend action for 30 days following the date of expiration, that upon
receipt of the annual fee together with an additional fee not to exceed
$500, within the thirty-day period, no order of cancellation will be entered
and that, if both fees are not received within the thirty-day period, the
license shall be canceled.

      (e) Any licensee who allows the licensee's license to lapse or be can-
celed by failing to renew as herein provided, may be reinstated by the
board upon payment of the renewal fees then due and upon proof of
compliance with the continuing education requirements established by
the board. As an additional requirement of reinstatement, in cases in
which the board deems it appropriate, the licensee may be required to
successfully pass the examination given by the board to applicants for
licensure or such other competency examination as the board may choose.

      Sec.  5. K.S.A. 65-1509a is hereby amended to read as follows: 65-
1509a. In addition to the payment of the license renewal fee, each li-
censee, other than one who has graduated from an optometry school
within 12 months of the date of the application for renewal, applying for
license renewal shall furnish to the secretary of the board satisfactory
evidence of successfully completing a minimum of 20 24 hours of contin-
uing education programs, five hours of which shall relate to ocular phar-
macology, therapeutics or related topics of study, approved by 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 hold-
ing a valid license to practice optometry within the state. Such notice shall
be directed to the last known address of such licensee.

      Sec.  6. K.S.A. 65-1516 is hereby amended to read as follows: 65-
1516. As used in this act:

      (a) ``Professional incompetence'' means:

      (1) One or more instances involving failure to adhere to the appli-
cable standard of care to a degree which constitutes gross negligence as
determined by the board.

      (2) Repeated instances involving failure to adhere to the applicable
standard of care to a degree which constitutes ordinary negligence, as
determined by the board.

      (3) A pattern of practice or other behavior which demonstrates a
manifest incapacity or incompetence to practice optometry.

      (b) ``Unprofessional conduct'' means:

      (1) Using fraudulent or false advertisement.

      (2) Engaging in the practice of optometry as an agent or employee
of a person not licensed under the optometry law.

      (3) Conduct likely to deceive, defraud or harm the public.

      (4) Making a false or misleading statement regarding the licensee's
skill or the efficacy or value of the drug, treatment or remedy prescribed
by the licensee or at the licensee's direction.

      (5) Aiding or abetting the practice of optometry by an unlicensed,
incompetent or impaired person.

      (6) Allowing another person or organization to use the licensee's li-
cense to practice optometry.

      (7) Commission of any act of sexual abuse, misconduct or exploitation
related to the licensee's professional practice.

      (8) The use of any false, fraudulent or deceptive statement in any
document connected with the practice of optometry.

      (9) Obtaining any fee by fraud, deceit or misrepresentation.

      (10) Directly or indirectly giving or receiving any fee, commission,
rebate or other compensation for professional services not actually and
personally rendered, other than through the legal functioning of lawful
professional partnerships, corporations or associations.

      (11) Performing unnecessary tests, examinations or services which
have no legitimate optometric purpose.

      (12) Charging an excessive fee for services rendered.

      (13) Prescribing, dispensing, administering, distributing a prescrip-
tion drug or substances, in an excessive, improper or inappropriate man-
ner or quantity or not in the course of the licensee's professional practice.

      (14) Repeated failure to practice optometry with that level of care,
skill and treatment which is recognized by a reasonably prudent similar
practitioner as being acceptable under similar conditions and circum-
stances.

      (15) Failure to keep written optometry records which describe the
services rendered to the patient, including patient histories, pertinent
findings, examination results and test results.

      (16) Delegating professional responsibilities to a person when the
licensee knows or has reason to know that such person is not qualified by
training, experience or licensure to perform them.

      (17) Using experimental forms of therapy without proper informed
patient consent, without conforming to generally accepted criteria or stan-
dard protocols, without keeping detailed legible records or without having
periodic analysis of the study and results reviewed by a committee of
peers.

      (18) Allowing improper interference with the licensee's professional
judgment in providing patient care.

      (19) Allowing optometric services to be provided by a person or entity
not qualified to do so under state law.

      (20) Failure to disclose to the patient the identity of the licensee who
performs optometric services before the time optometric services are per-
formed.

      (21) Failure to maintain minimum standards for ophthalmic goods
and services provided by the licensee determined by rules and regulations
of the board.

      (22) Willful betrayal of a patient's confidence.

      (23) Prescribing, purchasing, administering, selling or giving away
prescription drugs, including a controlled substance, for other than legal
and legitimate purposes.

      Sec.  7. K.S.A. 1998 Supp. 65-1522 is hereby amended to read as
follows: 65-1522. (a) A licensee may practice optometry under the name
of a professional corporation, authorized by K.S.A. 17-2706 and amend-
ments thereto or a limited liability company authorized by K.S.A. 17-
7657 et seq. and amendments thereto. Such professional corporate name
or limited liability company name may contain a trade name or assumed
name approved by the board.

      (b) A licensee may practice as a sole practitioner or may associate
with other licensees or health care providers licensed under the laws of
the state of Kansas and may practice optometry as a sole practitioner or
in such associations under a trade or assumed name approved by the
board.

      (c) A licensee may practice in a medical facility, medical care facility
or a governmental institution or agency.

      (d) A licensee shall not be limited in the number of locations from
which the licensee may engage in the practice of optometry pursuant to
subsections (a), (b) and (c).

      (e) In all office locations a licensee shall:

      (1) Provide adequate staff during the hours of its operation and shall
provide the necessary optometric equipment to enable a licensee to pro-
vide adequate optometric care on the premises; and

      (2) provide that there shall be present at the office location a person
licensed by optometry law when optometric practice acts requiring a li-
cense are performed at the office location.

      (f) Nothing herein contained shall be construed to permit the fran-
chised practice of optometry except that a licensee may purchase a fran-
chise to engage in the business of optical dispensing separate and apart
from any of the licensee's offices for the practice of optometry so long as
the terms of the franchise agreement do not violate the optometry law.

      Sec.  8. K.S.A. 65-1524 is hereby amended to read as follows: 65-
1524. Nothing contained herein shall be construed to allow a corporation
except as provided in K.S.A. 17-2706 and amendments thereto or a lim-
ited liability company except as provided in K.S.A. 17-7657 et seq. and
amendments thereto to practice, offer, or undertake to practice or hold
itself out as practicing optometry.

      New Sec.  9. Upon a finding of the existence of any of the grounds
listed in K.S.A. 65-1517 and amendments thereto or upon a finding of
any violation of the optometry law, in lieu of or in addition to any other
action, the board may access a civil fine not in excess of $10,000 against
a licensee. All fines collected pursuant to this section shall be remitted to
the state treasurer. Of the amount so remitted, an amount equal to the
board's actual costs, including attorney fees, related to fine assessment
and enforcement, as certified by the president of the board to the state
treasurer, shall be credited to the optometry board fee fund and the
balance shall be credited to the state general fund.

      Sec.  10. K.S.A. 1998 Supp. 74-1505 is hereby amended to read as
follows: 74-1505. (a) No later than 30 days following the effective date of
this act, the board shall appoint a seven-member committee to be known
as the interprofessional advisory committee which, subject to approval of
the board, shall have general responsibility for the establishment, review
and monitoring of the procedures for co-management by optometrists
and ophthalmologists of adult open-angle glaucoma.

      (b) The interprofessional advisory committee shall consist of one
member of the board appointed by the board who shall serve as a non-
voting chair, together with three optometrists licensed to practice optom-
etry in this state chosen by the board from those nominated by the Kansas
optometric association and three ophthalmologists licensed to practice in
this state chosen by the board from those nominated by the Kansas med-
ical society and the Kansas association of osteopathic medicine. The Kan-
sas optometric association and Kansas medical society shall submit six
nominees to the board. The Kansas association of osteopathic medicine
shall submit two nominees to the board. Persons appointed to the com-
mittee shall serve terms of three years and without compensation. All
expenses of the committee shall be paid by the board.

      (c) The committee shall submit recommendations to the board on
the following:

      (1) An ongoing quality assessment program including the monitoring
and review of co-management of patients pursuant to subsection (d) of
K.S.A. 65-1505 and amendments thereto;

      (2) requirements for the education and clinical training necessary for
glaucoma licensure, which shall be submitted to the board within 90 days
following appointment;

      (3) criteria for evaluating the training or experience acquired in other
states by applicants for glaucoma licensure;

      (4) requirements for annual reporting during a glaucoma licensee's
co-management period to the committee and the board which shall be
submitted to the board within 90 days following appointment;

      (5) the classes and mix of patients either suspected of having or di-
agnosed as having adult open-angle glaucoma who may be included in
the number of co-management cases required by subsection (d) of K.S.A.
65-1505 and amendments thereto, which shall be submitted to the board
within 90 days following appointment; and

      (6) requirements for annual continuing education by glaucoma li-
censees.

      (d) After considering the recommendations of the committee pur-
suant to subparagraph (c), the board shall proceed to adopt procedures
to confirm that each applicant has completed the requirements for glau-
coma licensure.

      (e) The interprofessional advisory committee shall also review the
educational and clinical prerequisites of optometrists to use oral phar-
maceutical drugs and identify those classes of oral pharmaceutical drugs
which are effective treatments for ocular diseases and conditions. The
interprofessional advisory committee and the board shall prepare a report
of the results of co-management pursuant to subsection (r) of K.S.A. 65-
1501a and amendments thereto and findings on the subject of the advis-
ability of expanding the scope of practice of optometrists to prescribe,
administer and dispense oral pharmaceutical drugs, which report shall be
submitted to the legislature not later than January 1, 1999.

      (f) The interprofessional advisory committee may continue after Jan-
uary 1, 2001, if authorized by the board. The interprofessional advisory
committee shall review the advisability of expanding the scope of practice
of optometrists to prescribe certain oral drugs for ocular conditions for
children under six years of age. The committee and the board shall prepare
a report on the findings of the committee on the advisability of such a
scope of practice expansion. Such report shall be submitted to the legis-
lature not later than January 1, 2002.

      (g) This section shall be part of and supplemental to the optometry
law.

      Sec.  11. K.S.A. 65-1509, 65-1509a, 65-1516 and 65-1524 and K.S.A.
1998 Supp. 65-1501, 65-1501a, 65-1505, 65-1522 and 74-1505 are hereby
repealed.

      Sec.  12. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved March 23, 1999.
 Published in the Kansas Register April 1, 1999.
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