An Act To Amend the Laws Regulating the Practice of Optometry
Maine Legislature, Session 122, LD 0832
Committee: Business, Research and Economic Development
Sponsors: BLANCHETTE
Amends: 32 MRSA §2414, 32 MRSA §2431-A, 32 MRSA §2434

Legislative Document 
No. 832 
H.P.591 
House of Representatives, February 16,2005 
An Act To Amend the Laws Regulating the Practice of Optometry 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative BLANCHETTE of Bangor. 
Printed on recycled paper 
17/~ 
m.7Jld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §2414 is enacted to read: 
§2414. 
Contract witb-2ptical ~hop or other commercial or 
mercantile establishment 
1. 
Contract requirements. 
An optometrist may enter into a 
written contract f~pace in or on the premises of an optical 
shop or other commercial or mercantile establishment if: 
A. 
The optical 
shop or other 
commercial 
or mercantile 
establishment does not control or attempt to control the 
professional judgment of the optometrist; 
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 
equipped 
as 
required 
for 
a 
complete ocular examination;~ 
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 other 
commercial or mercantile establishment. 
2. 
Effect of 
ren~l or 
p~nt. Rental or payment for 
space, equipment 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, "J 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 A, §160, are repealed.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 
OF 
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ge-~~~~~~-ef-a-~~~~~~~-~~ia~-es~a9*isAmeRt. 
IR--t-hi-s--pFehi-9i~ieR--i-s--iRe*\iaea This chapter does not prohibit 
the practice of optometry as-a--lessee -e-f--a in or on the premises 
of 
an 
optical 
shop 
or 
other 
commercial 
or 
mercantile 
establishment 
iRVe±Vea--i-R-~~-~~~~-~--£Fe€~a€~e£7--~FameST 
me\iR~iREJT--l-enses--e-F--e-the-£--op.t-i-o-a-1--aeviees under the terms of a 
written contract as authorized in section 2414; and 
Page l-LR1918(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. 
It eliminates the prohibition on optometric practice on 
premises where nonoptometric materials are dispensed. 
2. 
It eliminates the existing prohibition on mercantile 
employment of optometrists by clarifying related provisions. 
3. 
It eliminates the 
optometrist with a 
person, 
registered optometrist. 
prohibition on association by any 
firm or corporation who is not 
a 
4. 
It permits optometrists to practice under a trade name 
like other medical professionals. 
5. 
It 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.