Title XXIX, Commerce and Trade

As used in KRS 367.680 to 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 assessme…

KRS 367.680 to 367.690 may be cited as the Consumer Protection in Eye Care Act.

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 contac…

aid glasses -- Refusal to release prescription prohibited. (1) A contact lens prescription shall include the following: (a) The ophthalmic information necessary to accurately fabricate or dispense the lenses, including the lens manufacturer, lens series, and the lens material if …

Unless a health-related reason for the limitation is noted in the patient's medical records, contact lens prescriptions shall not have an expiration date of less than twelve (12) months from the date the prescription is authorized or the last date of the contact lens evaluation b…

(1) All contact lens sellers and any person authorized in accordance with KRS Chapters 320, 315, or 326 to dispense contact lenses in the Commonwealth shall verify the contact lens prescription by the following: (a) Receipt of a written or faxed valid contact lens prescription si…

prescription -- Limitation of liability. (1) Any seller or any person authorized to dispense contact lenses or visual aid glasses in the Commonwealth who fills a prescription bears the full responsibility for the accurate dispensing of the contact lenses or visual aid glasses pro…

A contact lens fitting shall be complete and a contact lens prescription may be written when: (1) The optometrist, osteopath, or physician has completed all measurements, tests, and examinations necessary to satisfy his or her professional judgment that the patient is a viable ca…

Kentucky residents by nonresidents. No person located outside of Kentucky shall ship, mail, deliver, or sell contact lenses or visual aid glasses to a patient at a Kentucky address unless: (1) Registered with the Attorney General of the Commonwealth of Kentucky; and (2) In posses…

The Attorney General shall require and provide for the annual registration of all contact lens sellers located outside of the Commonwealth that dispense contact lenses to Kentucky residents, including those providing contact lenses via the Internet. A contact lens seller's regist…

and visual aid glasses by Attorney General -- Fee. The Attorney General shall charge a fee for investigation and registration of nonresident dispensers of contact lenses and visual aid glasses.

The Attorney General shall have the authority to promulgate administrative regulations to carry out the provisions of KRS 367.680 to 367.690.

(1) Any person who dispenses, offers to dispense, or attempts to dispense contact lenses or visual aid glasses in violation of KRS 367.680 to 367.690 or the administrative regulations promulgated by the Attorney General concerning the dispensing of contact lenses or visual aid gl…

The purpose of KRS 367.701 to 367.709 is to provide a framework within which vehicle financial protection products: (1) Are defined; and (2) May be offered within this state.

As used in KRS 367.701 to 367.709: (1) "Borrower" means a debtor, or retail purchaser or lessee, under a finance agreement; (2) "Commercial" means a transaction under which a vehicle will be used primarily for business purposes; (3) "Consumer": (a) Means: 1. An individual purchas…

January 1, 2027) (1) (a) Except as provided in paragraph (b) of this subsection, a vehicle financial protection product offered, sold, or given to a consumer in this state shall comply with KRS 367.701 to 367.709. (b) Paragraph (a) of this subsection shall not apply to any debt w…

January 1, 2027) (1) Notwithstanding any other law to the contrary, any amount charged or financed for a vehicle financial protection product: (a) Is an authorized charge that shall be separately stated; and (b) Shall not be considered a finance charge or interest. (2) (a) An ext…

debt waivers -- Debt waiver requirements. (Effective January 1, 2027) (1) As used in this section, "administrator" means a person, other than an insurer or creditor, that performs administrative or operational functions relating to debt waivers. (2) (a) 1. Except as provided in s…

with KRS 367.701 to 367.709 -- Duties of provider as to vehicle value protection agreements -- Vehicle value protection agreement requirements. (Effective January 1, 2027) (1) As used in this section: (a) "Administrator" means a person, other than a provider, that performs admini…

be taken -- Right to appeal. (Effective January 1, 2027) (1) (a) The Attorney General may take action necessary or appropriate to enforce KRS 367.701 to 367.709. (b) All of the remedies, powers, and duties provided to the Attorney General by KRS 367.190 to 367.300 and 367.990, pe…

(1) "Owner" means the original purchaser of a mobile home for use as a residence. (2) "Dealer" means any person or business enterprise which sells new mobile homes to consumers. (3) "Manufacturer" means any person or business enterprise engaged in the business of manufacturing, a…

Any mobile home that, within the first twelve (12) months after delivery to the owner has a defect which cost the owner at least four percent (4%) of the purchase price to repair and which requires repair or replacement on three (3) separate occasions, shall be presumed to be non…

The presumption of nonmerchantability of a mobile home as provided in KRS 367.715 may be rebutted by evidence that the defect was caused by the owner or occupant or other third party, by an accident or by some act or condition beyond the control of the manufacturer, wholesaler or…

The owner shall give the manufacturer notice by certified mail, return receipt requested, with a copy to the dealer from whom the mobile home was purchased, within ten (10) days following establishment of the conditions recited in KRS 367.715 containing an accurate description of…

owner of result. Within ten (10) days after the receipt of a notice given under KRS 367.725, the manufacturer or its representatives shall examine the mobile home at the home site of the owner and within ten (10) days after such examination shall notify the owner in writing that …

If the manufacturer notifies the owner that the mobile home can be put in a merchantable condition pursuant to KRS 367.730, the owner must make the mobile home available for repair at his home site within three (3) days after such notification so that repairs can be made and the …

during repair. If the owner or occupants must be removed from the mobile home during repair, the manufacturer shall provide those who are moved with equivalent accommodation or accommodations acceptable to the owner, or pay the owner a reasonable per diem rate of compensation for…

repairs. If the defect is not corrected pursuant to KRS 367.735 the manufacturer shall, at its option, return the price paid by the seller less any diminution in value due to abuse by the owner, or the action of a third party or shall supply a new mobile home of the same model an…

In any case in which an owner timely notifies the manufacturer of the nonmerchantability of the mobile home under KRS 367.715, and the manufacturer refuses to replace the mobile home under KRS 367.745, the owner may bring an action to recover the price paid by him less any diminu…

(1) No manufacturer shall exclude any warranty issued elsewhere in the sale of its mobile homes in Kentucky in retaliation for the provisions of KRS 367.710 to 367.775. (2) No manufacturer shall increase the price of its mobile homes in Kentucky by more than the amount necessary …

Any dealer, manufacturer or wholesaler making a repair on a new mobile home prior to the delivery to the owner must state in writing to the owner at the time of the delivery the nature of any defect repaired by such dealer, manufacturer, or wholesaler. The statement must contain …

Each owner who purchases a new mobile home shall be furnished by the dealer selling the mobile home the address of the dealer, manufacturer and wholesaler, if any. In addition, the name and address of the dealer, manufacturer, and the wholesaler shall be affixed to the mobile hom…

For the purpose of KRS 367.710 to 367.775, a manufacturer or wholesaler's warranty whether express and/or implied or created by the provisions of KRS 367.710 to 367.775 extends to any person who purchases the mobile home new.

The rights and remedies given owners of mobile homes under the provisions of KRS 367.710 to 367.775 shall be in addition to rights presently existing under the law.

As used in KRS 367.801 to 367.819 and KRS 367.990, unless the context requires otherwise: (1) "Office" means the Office of Consumer Protection in the Office of the Attorney General. (2) "Person" means natural persons, corporations, trusts, partnerships, incorporated or unincorpor…

Administrative regulations. (1) It is unlawful for any person to engage in the sale of business opportunities unless prior to the offering the offeror has registered with the office and has furnished a bond pursuant to KRS 367.815(2) and provided all of the following: (a) All tra…

(1) An offeror is exempt from the provisions of KRS 367.801 to 367.819 and KRS 367.990 when the offeror: (a) Meets the definition of a franchise as defined in the Federal Trade Commission's Regulation on Disclosure Requirements and Prohibitions Concerning Franchising and Business…

(1) The office, after ascertaining that the applicant has complied with KRS 367.805, shall issue a registration number. (2) It shall be unlawful for the registrant to fail to include the registration number in any advertising.

It shall be unlawful for any offeror to make any oral or written representation, actual or hypothetical, regarding the business opportunity's potential sales, income, gross or net profit unless such sales, income, or profits are examples based upon the actual earnings made by exi…

(1) Prior to the solicitation of potential consumer/investors the offeror shall furnish and display to the potential consumer/investor a copy of the material required to be furnished the office when registering pursuant to KRS 367.805. (2) When furnishing the information required…

deposit to insure veracity of statements -- Maintenance of records. (1) Any person who offers a business opportunity and makes representations that are false, misleading, or deceptive shall be liable to the consumer/investor of such business opportunity in an amount equal to the …

Effect of noncompliance -- Nonwaiverability. (1) Every agreement or arrangement for a business opportunity shall be in writing. Copies of the completed agreement and all other documents the offeror requires the consumer/investor to sign shall be given to the consumer/investor at …

Whenever the Attorney General has reason to believe that any person is offering business opportunities for sale in violation of KRS 367.801 to 367.819 and 367.990, and that proceedings would be in the public interest, he may move in the name of the Commonwealth in a Circuit Court…

(1) The purchaser of a business opportunity has the right to cancel as set forth in this chapter as well as the right to cancel such purchase for any reason at any time prior to midnight of the thirtieth calendar day after signing a contract for purchasing the business opportunit…

As used in KRS 367.826, unless the context requires otherwise: (1) (a) Except as provided in subsection (b) below, "unlicensed health care practitioner" means any person who, for compensation or with expectation of compensation, offers or undertakes to provide advice, counseling,…

No unlicensed health care practitioner shall utilize an academic title, or represent in any other manner that he or she possesses an academic degree, unless the practitioner actually possesses the degree, and the degree is accredited. If the degree is honorary, that fact shall be…