An Act To Promote Cost-effective and Broad-based Vision Care for . . . Maine Citizens by Clarifying the Scope of Prescription Authority by an Optometrist
Maine Legislature, Session 124, LD 0683
Committee: Business, Research and Economic Development
Sponsors: SCHNEIDER, SMITH, RECTOR, SULLIVAN, BEAUDETTE, GILES, HUNT, MARTIN, WRIGHT
Amends: 32 MRSA §2411, 32 MRSA §2430

Legislative Document 
No. 683 
S.P.258 
In Senate, February 24, 2009 
An Act To Promote Cost-effective and Broad-based Vision Care for 
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Maine Citizens by Clarifying the Scope of Prescription Authority by 
an Optometrist 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator SCHNEIDER of Penobscot. 
Cosponsored by Representative SMITH of Monmouth and 
9rg(J~ 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: RECTOR of Knox, SULLIVAN of York, Representatives: BEAUDETTE of 
Biddeford, GILES of Belfast, HUNT of Buxton, MacDONALD of Boothbay, MARTIN of 
Orono, WRIGHT of Berwick. 
Printed on recYcled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 32 MRSA §2411, sub-§l, ~A, as amended by PL 1995, c. 439, §1, is 
, further amended to read: 
"";""'/iif ' The examination of the eye and related structures without the use of invasive 
sUrgery or tissue-altering lasers to ascertain diagnose defects, abnonnalities or 
diseases of the eye; 
Sec. 2. 32 MR.SA §24H, sub-§3, as amended by PL 1995, c. 606, §1, is further 
amended to read: 
3. Pharmaceutical agent. "Phannaceutical agent" means any topical medicinal 
0 
diagnostic and,' therapeutical therapeutic substances for use in the diagnosis" cure, 
treatment, management or prevention of ocular conditions and diseases, and oral 
medicinal diagnostic and therapeutical substances and quantities for use in the diagnosis. 
cure, treatment or nreventionof ocular' conditions and diseases under section 1430. 
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, subsection 2. 
Sec. 3. 32 MR.SA §2417, sub-§4, 1lffD, as amended by PL 1993, c. 600, Pt. A, 
§146, is further amended to read: 
" 
D. 
For pharmaceutical agents all prescriptions must include: 
(1) The patient's name; 
(2) The date; 
(3) The name, quantity and dosage of drugs; 
(4) The number of refills; 
(5) The name of the prescriber; 
(6) The drug license number of the prescriber; 
(7) A seauential number; ane! 
(8) 'The prescriber's directions for usage. 
Sale of pharmaceutical agents' by an optometrist is prohibited. 
Nothing in this 
paragraph may be construed to restrict the dispens'ati'on or sale by an optometrist of 
ocular devices, such as contact lenses, that contain and deliver pharmaceutical agents 
for use or prescription. 
'Sec. 4. 32 MRS A §2417, sub-§5, ~C, as enacted by PL 1973, c. 78.8, §16, is, 
amended to read: 
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32' 
C. 
The conduct of the lawful practice of optometry in accordance with the standards 
established by this section chapter, including procedures within the scope of practice 
of optometry and accepted standards of care in optometry that do net reguire invasive 
surgery or the use of tissue-altering lasers, as recognized by the board. 
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Sec. 5. 32 MRSA §2430, s.ub-§l, as enacted by PL1995, c. 606, §9, is amended 
to read: 
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1. Therapeutic license. , An optometrist may use tepieal therapeutic agents for any 
purpose associated with ocular conditions and diseases, emcept for the treatment of 
glaucoma, if the optometrist has received a therapeutic license in accordance with the 
fotlowing requirements. 
' 
A. 
Licensure requires a review of credentials by the board including the successful 
completion of a transcript quality course in general and ocular pharmacology. For 
the purposes of this section, "transcript quality course',' means a course given by a 
regional or professional accrediting organization approved by the Council on Post-
secondary Accreditation of the United States Department of Education and approved 
by the board. The board may not approve a course that does not include a minimum 
of 100 hours of ocular therapeutics including at least 25 hours of supervised clinical 
training, in the examination, diagnosis ,and treatment of conditions of the eye and its 
adriexa. That course must inchlde participation by an ophthalmologist. 
B. 
An applicant must be a graduate from an accredited optometric institution and 
successfully complete a graded written eX,amination administered by the board or the 
National Board of Examiners in Optometry, demonstrating competency in the use of 
therapeutic pharmaceutical agents. 
' 
Effective October 1, 1996, the board may not issue new therapeutic lIcenses'. 
Sec. 6. 32 MRSA §2430, sub-§2, as enacted by PL 1995, c. 606, §9,is amended 
to read: 
2. Therapeutic pharmaceutical agents; use permitted. An optometrist who has 
received an advanced therapeutic license may use any ~ 
therapeutic pharmaceutical 
agent, e)wept for the treatment of glaucoma unless the requirements of section 2430 A 
have been met, and any' of the follmving types and quantities of oral therapeutic 
pharmaceutical' agents including any drug identified in schedules II, IV and V, as 
described in 21 United States Code, Section 812, for any purpose associated with ocular 
conditions and diseases.;." 
/), .T. 
One 10 day supply of oral antibiotics; 
B. One 72 hour swl r 
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PP) of oral antivirals m·th 
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ne 72 h 
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referr 1 t 
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--ear SQj3jlly of oraIaHlibist' 
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ay sw l '  
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,pp y of oral nonstero . d I 
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descnbed in the uru1'.~ ~t O{ an;' analgesic ideatilie<l . 
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ill schedules ill IV 
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Sec. 7. 32 MRS A §2430-A, as enacted by PL 1995, c. 606, §9, is repealed. 
SUMMARY 
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. This bill amends several provisions of the laws governing optometrists to clarify the 
scope of prescription authority, particularly regarding the sale and dispensing of 
therapeutic lenses. It also clarifies rule-making authority of the State Board of Optometry 
and the use of therapeutic drugs. 
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Page J -124LR1477(Ol)-1