An Act To Protect Patients Who Need Eye Care
Maine Legislature, Session 127, LD 1271
Committee: Labor, Commerce, Research and Economic Development
Sponsors: VOLK, MASTRACCIO, ALFOND, CUSHING, FECTEAU, FREDETTE, GIDEON, HOBBINS
Amends: 32 MRSA §2411, 32 MRSA §2417, 32 MRSA §2421, 32 MRSA §3300-D

Legislative Document 
No. 1271 
S.P. 453 
In Senate, April 7, 2015 
An Act To Protect Patients Who Need Eye Care 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator VOLK of Cumberland. 
Cosponsored by Representative MASTRACCIO of Sanford and 
Senators: ALFOND of Cumberland, CUSHING of Penobscot, Representatives: FECTEAU of 
Biddeford, FREDETTE of Newport, GIDEON of Freeport, HOBBINS of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §2411, sub-§§6 to 13 are enacted to read: 
6.  Contact lens.  "Contact lens" means any lens placed directly on the surface of the 
eye, regardless of whether it is intended to correct a visual defect.  "Contact lens" 
includes, but is not limited to, cosmetic, therapeutic and corrective lenses. 
7.  Dispense.  "Dispense" means the act of furnishing a pair of ophthalmic or contact 
lenses to a patient. 
8.  Eye examination.  "Eye examination" means an assessment of the ocular health 
and visual status of a patient that does not consist solely of objective refractive data or 
information generated by an automated testing device, including an autorefractor, in order 
to establish a medical diagnosis or for the determination of a refractive error. 
9.  Kiosk.  "Kiosk" means automated equipment or an application designed to be 
used on a phone, computer or Internet-based device that can be used either in person or 
remotely to provide refractive data or information. 
10.  Ophthalmic lens.  "Ophthalmic lens" means an optical instrument or device 
worn or used by an individual that has one or more lenses designed to correct or enhance 
vision addressing the visual needs of the individual wearer and commonly known as 
glasses or spectacles, including ophthalmic lenses that may be adjusted by the wearer to 
achieve different types or levels of visual correction or enhancement.  "Ophthalmic lens" 
does not include an optical instrument or device not intended to correct or enhance vision 
or that is sold without consideration of the visual status of the individual who will use the 
optical instrument or device. 
11.  Provider.  "Provider" means an individual licensed as an optometrist under this 
chapter or an individual licensed as an osteopathic or medical doctor under chapter 36 or 
48, respectively, who has also completed a residency in ophthalmology. 
Sec. 2.  32 MRSA §2417, sub-§4, ¶A-1, as enacted by PL 1993, c. 600, Pt. A, 
§146, is amended to read: 
A-1.    For ophthalmic lenses and contact lenses: 
(1)  The prescription must contain all the information necessary to be properly 
dispensed; 
(2)  The prescription must specify whether it is for contact lenses or ophthalmic 
lenses; and 
(3)  All prescriptions must include the name of the patient, date of prescription, 
name and office location of prescriber and an expiration date.  A prescription 
may not contain an expiration date of more than 2 years from the date of the eye 
examination by the provider unless the prescription contains a statement made by 
the provider of the reasons why a longer time frame is appropriate based on the 
medical needs of the patient; 
(4)  A person or entity may not dispense ophthalmic lenses or contact lenses to a 
patient without a valid prescription from a provider issued after an eye 
examination performed by the provider, except that a person or entity may 
dispense without a prescription ophthalmic lenses or contact lenses, solely for the 
correction of vision, that are of uniform focus power in each eye of between 
plano and +3.25 diopters; and 
(5)  A prescription for ophthalmic lenses or contact lenses may not be made 
based solely on the diagnosis of a refractive error of the human eye as generated 
by a kiosk. 
Sec. 3.  32 MRSA §2421, sub-§3 is enacted to read: 
3.  Operation of kiosks.  The following provisions govern the operation of kiosks. 
A.  The ownership and operation of a kiosk, including use of a kiosk by a provider, 
must comply with section 2435. 
B.  In addition to the enforcement actions available to the board under section 
2431-A, the board has the following powers of enforcement for violations of this 
chapter that relate in any way to kiosks, their use or the issuance of prescriptions 
arising out of their use.  Nothing in this paragraph may be construed to apply to 
enforcement for violations by physicians who are governed by the Board of 
Licensure in Medicine or the Board of Osteopathic Licensure. 
(1)  A person or governmental entity that believes a violation of this chapter in 
relation to a kiosk has occurred or has been attempted may make an allegation of 
that fact to the board in writing. 
(2)  If, upon reviewing an allegation under subparagraph (1), the board 
determines there is a reasonable basis to believe a violation of this chapter or 
attempted violation of this chapter has occurred in relation to a kiosk, its use or 
the issuance of a prescription arising out of kiosk use, the board shall investigate. 
(3)  The board may hold adjudicatory hearings and administer oaths and order 
testimony to be taken at a hearing or by deposition conducted pursuant to Title 5, 
sections 9051 to 10005. 
(4)  The board may proceed with an action if the board determines that a 
violation in relation to a kiosk, its use or the issuance of a prescription arising out 
of kiosk use has occurred. 
(5)  The board is not required to wait until human harm has occurred to initiate an 
investigation under this subsection. 
(6)  The board, upon finding, after notice and an opportunity for a hearing, that a 
person has violated or has attempted to violate any requirement related to a kiosk, 
its use or the issuance of a prescription arising out of kiosk use, may impose an 
administrative fine of not more than $10,000 for each violation or attempted 
violation and may issue an order requiring reimbursement of the reasonable costs 
to the board of investigation and hearing. 
(7)  The board shall advise the Attorney General of the failure of a person to pay 
an administrative fine or reimburse costs of investigation and hearing imposed 
under this paragraph.  The Attorney General may bring an action in a court of 
competent jurisdiction for the failure to pay any amount imposed under this 
paragraph. 
(8)  The board may request that the Attorney General file a civil action seeking 
an injunction or other appropriate relief to enforce this subsection.  The court 
may impose on a person for violations of this subsection that relate in any way to 
a kiosk, its use or the issuance of a prescription arising out of kiosk use a fine of 
not more than $20,000 for each violation or attempted violation.  In addition, the 
Attorney General may bring an action to recover the reasonable costs of the 
investigation and hearing. 
(9)  The board may adopt rules to implement, administer and enforce this 
subsection.  Rules adopted pursuant to this subparagraph are routine technical 
rules under Title 5, chapter 375, subchapter 2-A. 
C.  Nothing in this subsection prohibits the Attorney General from initiating an action 
without referral or request from the board if the Attorney General determines there is 
a reasonable basis to believe a violation or attempted violation of this subsection 
occurred. 
D.  It is neither a violation of this subsection nor grounds for professional discipline 
or liability for an optometrist to fill a prescription for a patient based in part on 
measurements obtained through a kiosk. 
Sec. 4.  32 MRSA §3300-D is enacted to read: 
§3300-D.  Issuance of prescription for ophthalmic lenses 
A physician licensed pursuant to section 3275 may not issue a prescription for 
ophthalmic lenses, as defined in section 2411, subsection 10, solely in reliance on a 
measurement of the eye by a kiosk, as defined in section 2411, subsection 9, without 
conducting an eye examination, as defined in section 2411, subsection 8. 
SUMMARY 
This bill regulates the use of kiosks as a means of performing eye examinations.  It 
defines "kiosk" as automated equipment or an application designed to be used on a phone, 
computer or Internet-based device that can be used either in person or remotely to provide 
refractive data or information.  The bill provides that a person or entity may not dispense 
ophthalmic lenses or contact lenses to a patient without a valid prescription from an 
optometrist or ophthalmologist after an eye examination except that a prescription is not 
required to dispense so-called over-the-counter reading glasses.  It also provides that a 
prescription for ophthalmic lenses or contact lenses may not be made solely on the data 
generated by a kiosk and it provides administrative enforcement provisions related to 
kiosks.