An Act To Allow the Practice of Optometry on the Same Premises As an Optical Shop or Other Establishment
Maine Legislature, Session 121, LD 0649
Committee: Business, Research and Economic Development
Sponsors: SULLIVAN, HATCH, DUPREY, O'BRIEN, RECTOR, ROGERS, SMITH
Amends: 32 MRSA §2431-A, 32 MRSA §2434

Legislative Document 
No. 649 
H.P.479 
House of Representatives, February 11, 2003 
An Act To Allow the Practice of Optometry on the Same Premises 
As an Optical Shop or Other Establishment 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative SULLIVAN of Biddeford. 
Cosponsored by Senator HATCH of Somerset and 
/J1~/h.11)u~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUPREY of Medway, O'BRIEN of Lewiston, RECTOR of Thomaston, 
ROGERS of Brewer, SMITH of Monmouth. 
Printed on recyc1ed paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA ~2414 is enacted to read: 
§2414. 
Contract with optical shop or commercial or mercantile 
establishment 
1. 
Contract requirements. 
An optometrist may enter into a 
written contract for space in or on the premises of an optical 
shop or commercial or mercantile establishment as long as: 
A. 
The 
optical 
shop 
or 
commercial 
establishment does not control or attempt 
professional judgment of the optometrist; 
or 
mercantile 
to control the 
B. 
The optometrist maintains control of the optometrist's 
practice 
and 
the 
optometrist's 
records 
related 
to 
the 
practice; 
c. 
The office or offices to be used for the practice of 
optometry 
are 
private 
and 
eguipped 
as 
reguired 
for 
a 
complete ocular examination; and 
D. 
Appropriate identification is visible 
to 
the public 
indicating the optometrist's name and phone number and that 
the 
optometrist 
is 
independent 
of 
the 
optical 
shop 
or 
commercial or mercantile establishment. 
2. 
Effect of rental or payment. 
Rental or payment for 
space, 
eguipment or services on a flat rate or percentage of 
gross revenue is lawful and may not be construed as fee splitting 
or the sharing or dividing of profit. 
Sec. 2. 32 MRSA §2431-A. sub-§2, 1r1rJ and K. as amended by PL 
1993, c. 600, Pt. A, §160, are repealed. 
Sec. 3. 32 MRSA §2434, sub-§4. as amended by PL 1993, c. 600, 
Pt. A, §161, is further amended to read: 
4. 
Mercantile employment. The practice of optometry as 
a 
full 
or part-time 
employee 
of 
a 
mercantile establishment 
eF 
EI. iF e e t. ;l Y --{)-t" -
- i-1Hi i-~e 
~1-y - -en€-e-tl.-£ -a¥ ~ 
--<H%e-'-& - e ~t. eme t. ~ i € - ~-v-i-ae&- - to e 
Be-~~~-~~r~-e~-a-~~~~~~--eGmme~ei-a1--est.aB;lisRmeRto. 
~R-4:.-hi-e;..-~FeRiBit.ieR--i-e;..-iRelaEl.eEl. This chapter does not prohibit 
the practice of optometry as--a-...;Lessee ~~-a in or on the premises 
of 
an optical shop or 
commercial or mercantile establishment 
iRve;lveEl.-~~-~~-Ge~~iR~-~--speet.ae1-esr-~-£-affi€£~-~~r-;leRses 
eF-et.ReF-e~t.ieal-El.eviees under the terms of a written contract as 
authorized in section 2414; and 
Page l-LRI443(1) 
" 
Sec. 4. 32 MRS A §2435. as amended by PL 1993, c. 600, Pt. A, 
§162, is further amended by adding a new 2nd paragraph to read: 
This chapter does not prohibit a written contract for space, 
equipment 
or 
other 
services 
between 
any 
person, 
firm 
or 
corporation and an optometrist as authorized in section 2414. 
Such a contract may not be construed as the direct or indirect 
practice of optometry. 
SUMMARY 
This bill does the following: 
1. 
Eliminates the prohibition on optometric practice on 
premises where nonoptometric materials are dispensed; 
2. 
Eliminates 
the 
existing 
prohibition 
on 
"mercantile 
employment" of optometrists by clarifying related provisions; 
3. 
Eliminates 
the 
prohibition 
optometrist with a 
person, 
firm or 
registered optometrist; 
on 
associations 
by 
any 
corporation who 
is not a 
4. 
Permits optometrists to practice under a trade name like 
other medical professionals; and 
5. 
Authorizes contracts for the practice of optometry in or 
on the premises of an optical shop or commercial or mercantile 
establishment and permits the joint marketing of the optometrist 
and mercantile or retail establishment.