As used in KRS § 367.680 to KRS § 367.690: (1) “Assessment mechanism”:
(a) Means automated or virtual equipment, application, or technology designed to be used on a telephone, a computer, or an Internet-based device that may be used either in person or remotely to conduct an eye assessment; and
(b) Includes artificial intelligence devices and any equipment, electronic or nonelectronic, that is used to perform an eye assessment;
(2) “Contact lens” means any lens placed directly on the surface of the eye, regardless of whether or not it is intended to correct a visual defect, including any cosmetic, therapeutic, or corrective lens;
(3) “Eye assessment” means an assessment of the ocular health and visual status of a patient that may include but is not limited to objective refractive data or information generated by an automated testing device, including an autorefractor, in order to establish a medical diagnosis for the correction of vision disorders;
(4) “Person” means an individual, corporation, trust, partnership, incorporated or unincorporated association, and any other legal entity;
(5) “Prescription” means a handwritten or electronic order issued by a licensed optometrist, osteopath, or physician, or an oral order issued directly by a licensed optometrist, osteopath, or physician;
(6) “Seller” means an individual or entity that sells contact lenses or visual aid glasses and dispenses them to Kentucky residents in any manner; and
(7) “Visual aid glasses”:
(a) Means eyeglasses, spectacles, or lenses designed or used to correct visual defects, including spectacles that may be adjusted by the wearer to achieve different types or levels of visual correction or enhancement; and
(b) Does not include optical instrument or devices that are:
1. Not intended to correct or enhance vision;
2. Sold without consideration of the visual status of the individual who will use the optical instrument or device, including sunglasses that are designed and used solely to filter out light; or
3. Completely assembled eyeglasses or spectacles designed and used solely to magnify.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 44, sec. 1, effective July 14, 2018. — Created
2003 Ky. Acts ch. 1, sec. 1, effective June 24, 2003.