Kentucky's Attorney General has ruled that the Board of Optometric Examiners violated the state's Open Records Act when it withheld a letter from the National Board of Examiners in Optometry identifying optometrists who obtained licenses without passing all required national exams. However, the board may redact certain information including licensed individuals' exam scores under state law.

The April 21 decision stems from a request by WAVE News Troubleshooter Mark Stevens for communications between the board and the national testing organization. The board had denied the request entirely, citing multiple exemptions under the Open Records Act.

The Attorney General's Office found that most of the board's justifications did not hold up to legal scrutiny. The board could not claim the letter was exempt under provisions protecting confidential business information, examination data, or preliminary agency materials, the office concluded. Only the section of Kentucky law protecting personal privacy information—specifically exam scores of individual licensed optometrists—allows for redaction.

The letter from the National Board of Examiners, dated May 23, 2025, identified 21 Kentucky optometrists licensed between 2020 and 2023 without passing all required parts of the national exam. Among them was Dr. Hannah Ellis, whose father Dr. Joe Ellis was board president before his abrupt resignation in December 2025.

The discovery of these licensing waivers, initially granted during the COVID-19 pandemic, has triggered significant controversy. In October, the Attorney General found the board violated state law by granting waivers through internal board decisions rather than following proper regulatory procedures requiring public notice and comment.

The board has since enacted emergency regulations requiring optometrists licensed through waivers to pass all required exams by 2027, and has restricted laser surgeries they may perform.