# KRS § 367.6802: 367.6802 Assessment mechanism required to conduct eye assessment or to generate prescription for corrective eyewear -- Duties of optometrist, osteopath, or physician -- Required disclosures to patient -- Construction of statute -- Appropriate practice standards > Kentucky · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.6802 ## Section - **Citation:** KRS § 367.6802 - **Heading:** 367.6802 Assessment mechanism required to conduct eye assessment or to generate prescription for corrective eyewear -- Duties of optometrist, osteopath, or physician -- Required disclosures to patient -- Construction of statute -- Appropriate practice standards - **Jurisdiction:** Kentucky - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** KY Code / Title XXIX / Chapter 367 / Section 367.6802 ## Text 367.6802 Assessment mechanism required to conduct eye assessment or to generate prescription for corrective eyewear -- Duties of optometrist, osteopath, or physician -- Required disclosures to patient -- Construction of statute -- Appropriate practice standards. (1) An assessment mechanism to conduct an eye assessment or to generate a prescription for contact lenses or visual aid glasses to a patient in Kentucky shall: (a) Provide synchronous or asynchronous interaction between the patient and the Kentucky-licensed optometrist, osteopath, or physician; (b) Collect the patient's medical history, previous prescription for corrective eyewear, and length of time since the patient's most recent in-person comprehensive eye health examination; (c) Provide any applicable accommodation required by the federal Americans with Disabilities Act, 42 U.S.C. secs. 12101 et seq., as amended; (d) Gather and transmit protected health information in compliance with the federal Health Insurance Portability and Accountability Act of 1996, as amended; (e) Be used to perform a procedure with a recognized Current Procedural Terminology code maintained by the American Medical Association, if applicable; and (f) Maintain liability insurance, through its owner or lessee, in an amount adequate to cover claims made by individuals diagnosed or treated based on information and data, including any photographs and scans, generated by the assessment mechanism. (2) A Kentucky-licensed optometrist, osteopath, or physician shall: (a) Read and interpret the diagnostic information and data, including any photographs and scans, gathered by the assessment mechanism; (b) Verify the identity of the patient requesting treatment via the assessment mechanism; (c) Create and maintain a medical record for each patient, which is for use during the ongoing treatment of a patient, and complies with all state and federal laws regarding maintenance and accessibility; (d) Provide a handwritten or electronic signature, along with their Kentucky state license number, certifying their diagnosis, evaluation, treatment, prescription, or consultation recommendations of the patient; (e) Utilize an assessment mechanism for an eye assessment or to generate a prescription for visual aid glasses only if: 1. The patient is at least eighteen (18) years of age; and 2. The patient has received an in-person comprehensive eye health examination by an optometrist, osteopath, or physician within the previous twenty-four (24) months; and (f) Utilize an assessment mechanism to generate a prescription for contact lenses only if: 1. The patient is at least eighteen (18) years of age; and 2. The patient has received an in-person comprehensive eye health examination by an optometrist, osteopath, or physician: a. For the initial prescription and one (1) follow-up or first renewal of the initial prescription; or b. Within twenty-four (24) months after the follow-up or first renewal of the initial prescription, and every twenty-four (24) months thereafter. (3) Prior to using an assessment mechanism, each Kentucky patient shall be provided with and shall accept as a term of use a disclosure that includes the following information: (a) This assessment is not a replacement for an in-person comprehensive eye health examination; (b) This assessment cannot be used to generate an initial prescription for contact lenses or a follow-up or first renewal of the initial prescription; (c) This assessment may only be used if the patient has had an in-person comprehensive eye health examination within the previous twenty-four (24) months if the patient is conducting an eye assessment or receiving a prescription for visual aid glasses; and essment cannot be used to generate an initial prescription for contact lenses or a follow-up or first renewal of the initial prescription; (c) This assessment may only be used if the patient has had an in-person comprehensive eye health examination within the previous twenty-four (24) months if the patient is conducting an eye assessment or receiving a prescription for visual aid glasses; and (d) The United States Centers for Disease Control and Prevention (CDC) advises contact lens wearers to visit an eye doctor one (1) time a year or more often if needed. (4) Evaluation, treatment, and consultation recommendations by a Kentucky-licensed optometrist, osteopath, or physician utilizing an assessment mechanism as required in this section, including issuing a prescription via electronic means, shall be held to the same standards of appropriate practice as those in traditional in-person clinical settings. (5) This section shall not: (a) Limit the discretion of a Kentucky-licensed optometrist, osteopath, or physician to direct a patient to utilize any telehealth service deemed appropriate for any treatment and care of the patient; (b) Limit the sharing of patient information, in whatever form, between an optometrist, osteopath, or physician; or (c) Apply beyond ocular health and eye care. ## Nearby sections - [KRS § 367.110 367.110 Definitions for KRS 367.170 to 367.300](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.110.md) - [KRS § 367.120 367.120 Legislative intent -- Title](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.120.md) - [KRS § 367.130 367.130 Consumers' Advisory Council -- Members -- Appointment](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.130.md) - [KRS § 367.140 367.140 Consumers' Advisory Council -- Meetings -- Quorum -- Compensation](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.140.md) - [KRS § 367.150 367.150 Functions, powers and duties of Department of Law](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.150.md) - [KRS § 367.152 367.152 Attorney General's concurrent authority to enforce bait advertising statute](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.152.md) - [KRS § 367.160 367.160 Cooperation of state agencies -- Access to material evidence and information by utility and health insurance intervenors](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.160.md) - [KRS § 367.170 367.170 Unlawful acts](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.170.md) - [KRS § 367.175 367.175 Other unlawful acts](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.175.md) - [KRS § 367.176 367.176 Construction of KRS 367.175](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.176.md) - [KRS § 367.180 367.180 Knowledge required in violation by publisher](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.180.md) - [KRS § 367.190 367.190 Injunction -- Hearing](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.190.md) - [KRS § 367.200 367.200 Restoration of property -- Appointment of receiver](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.200.md) - [KRS § 367.210 367.210 Powers of receiver -- Distribution of assets](https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.210.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KY_TXXIX_C367_S367.6802. Check the current official text before relying on it. Not legal advice.