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COMMONWEALTH, ETC. v. ECONOMY OPTICAL COMPANY

522 S.W.2d 444 (1975)

COMMONWEALTH of Kentucky on relation of the KENTUCKY BOARD OF OPTOMETRIC EXAMINERS, Appellant, v. ECONOMY OPTICAL COMPANY et al., Appellees.

Court of Appeals of Kentucky.

April 25, 1975.

Attorney(s) appearing for the Case

William E. Johnson, Frankfort, for appellant.

Irwin G. Waterman, Morris, Garlove, Waterman & Johnson, Shelton R. Weber, Handmaker, Weber & Meyer, Robert P. Hastings, Hardy, Logan & Hastings, Louisville, for appellees.

PALMORE, Justice.

The question in this case is whether a licensed ophthalmic dispenser may fit contact lenses pursuant to a prescription from but not under the direct supervision of a physician, osteopath or optometrist. Cf. KRS 326.060. Our conclusion is that the statute very clearly forbids it.

KRS Ch. 326 (c. 27, Acts of 1954) defines the practice of ophthalmic dispensing, establishes a Board of Ophthalmic Dispensers, and requires the licensing of practitioners...

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