Gibson, 051619 KYAGO, AGO OAG19-10

• Case Date: May 16, 2019
• Court: Kentucky

Randel C. Gibson, D.O. AGO OAG19-10 No. OAG19-010 Kentucky Attorney General Opinion Commonwealth of Kentucky Office of the Attorney General May 16, 2019          Subject: Period of time for which a prescription for contact lenses may be valid.          Requested by: Randel C. Gibson, D.O. President, Kentucky Board of Medical Licensure          Written by: Marc G. Farris, Assistant Attorney General          Syllabus: KRS 367.682 provides that a contact lens prescription expires no later than twelve months after the date of authorization. Nothing in KRS 367.6802(2)(f), concerning the use of an assessment mechanism to generate a prescription for contact lenses, alters that provision.          Statutes construed: KRS 367.682; KRS 367.6802           OPINION OF THE ATTORNEY GENERAL          The Kentucky Board of Medical Licensure has requested an Opinion from this Office concerning a perceived conflict in statutes concerning how long contact lens prescriptions are valid. We do not believe that the statutes conflict.          Under KRS 367.682, a contact lens prescription expires no later than "twelve (12) months after the date of authorization by a licensed optometrist, osteopath, or . physician." Separately, KRS 367.6802(2)(f) imposes restrictions on when a licensed optometrist, osteopath, or physician may use an "assessment mechanism" to generate a prescription for contact lenses.^[1] Specifically, it states that such doctors may:          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.

KRS 367.6802(2) (f). The request suggests that there is a conflict between the 24-month provision...