Maine Legislature, Session 131, LD 1956
Committee Amendment CA_A_H799 (House)
Amends: 10 MRSA §8001-A

COMMITTEEAMENDMENT"A''toH.P.1258,L.D.1956, "AnActtoAmendthe 
Laws Governing Optometrists" 
Amend the bill by inserting after section 1 the following: 
'Sec, 2. 10 MRSA §8001-A, sub-§6, as enacted by PL 1989, c. 450, §5, is repealed 
and the following enacted in its place: 
6. State Board of Optometry, Optometty, State Board of;' 
Amend the bill in section 2 in paragraph A in the 2nd line (page 1, line 10 in L.D.) by 
striking out the following: 
14911 and insetting the following: 1151 1 
Amend the bill in section 2 in paragraph A in the last line (page 1, line 11 in L.D.) by 
striking out the following: "chapter 48" and insetting the following: 'chapter 4 8 chapter 3 6, 
or 145
Amend the bill in section 4 in the last paragraph in the 2nd line (page 1, line 16 in L.D.) 
by striking out the following: 
11149
and insetting the following: '151' 
Amend the bill in. section 5 in the last paragraph in the 2nd line (page 1, line 25 in L.D.) 
by striking out the following: 
11149
and inserting the following: 1151 1 
Amend the bill in section 6 in §3300-E in the first indented paragraph in the first line 
(page 1, line 35 in L.D.) by striking out the following: "section 3275" and insetting the 
following: 'section 3275 chapter 36, 48 ol' 145' 
Amend the bill in section 7 in the amending clause in the first line (page 1, line 39 in 
L.D.) by striking out the following: 
11149
and insetting the following: '151' 
Amend the bill in section 7 inc. 149 in the first line (page 1, line 40 in L.D.) by striking 
out the following: 
11149
and insetting the following: 11511 
Amend the bill in section 7 in c. 149 in sub-c. 1 in § 19101 by insetting after subsection 
the following: 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A" to H.P. 1258, L.D. 1956 
'13. In person. 
11In person" means, with regard to a visit between a licensee and a 
patient, that the licensee and the patient are physically in the same room.' 
Amend the bill in section 7 inc. 149 in sub-c. 1 in § 19101 in subsection 20 in paragraph 
C in the 2nd line (page 3, line 30 in L.D.) by striking out the following: "whether or not" 
and insetting the following: 'and' 
Amend the bill in section 7 inc. 149 in sub-c. 1 in §19101 in subsection 20 in paragraph 
C in the last line (page 3, line 31 in L.D.) by inserting after the following: "individual" the 
following: ', unless the standard of care requires that an individual be seen without an in-
person visit. such as in an emergent situation as reasonably determined by the licensee' 
Amend the bill in section 7 in c. 149 in sub-c. 1 in § 19101 in subsection 20 in the first 
blocked paragraph in the 3rd line (page 3, line 34 in L.D.) by striking out the following: 
"in the following circumstances:" 
Amend the bill in section 7 inc. 149 in sub-c. 1 in§ 19101 in subsection 20 in the first 
blocked paragraph in the 5th line (page 3, line 36 in L.D.) by striking out the following: 
"care: or" and inserting the following: 'care' 
Amend the bill in section 7 in c. 149 in sub-c. 1 in § 19101 in subsection 24 in the last 
line (page 4, line 19 in L.D.) by striking out the following: "or 48, respectively," and 
insetting the following: ', 48 or 145' 
Amend the bill in section 7 inc. 149 in sub-c. 1 in §19101 in subsection 26 in the 2nd 
line (page 4, line 25 in L.D.) by inserting after the following: 
11to
the following: 'diagnose,' 
Amend the bill in section 7 in c. 149 in sub-c. 1 in § 19101 by renumbering the 
subsections to read consecutively. 
Amend the bill in section 7 in c. 149 in sub-c. 2 in § 19204 in the first indented 
paragraph in the 4th line (page 6, line 20 in L.D.) by striking out the following: "section" 
and inserting the following: 'chapter' 
Amend the bill in section 7 in c. 149 in sub-c. 3 in § 193 03 in subsection 1 in paragraph 
B in the first 2 lines (page 7, lines 12 and 13 in L.D.) by striking out the following: "Title 
10, section 8003, subsection 5-A, paragraph A or under any other" and insetting the 
following: 'section 19402 or under any other applicable' 
Amend the bill in section 7 inc. 149 in sub-c. 3 in §19303 in subsection 1 in paragraph 
C in the first 2 lines (page 7, lines 14 and 15 in L.D.) by striking out the following: "Title 
10, section 8003, subsection 2-A, paragraph D and" 
Amend the bill in section 7 inc. 149 in sub-c. 3 in §19303 in subsection 1 in paragraph 
C in the last line (page 7, line 15 in L.D.) by insetting after the following: "1" the following: 
'and Title 10, chapter 901' 
Amend the bill in section 7 inc, 149 in sub-c. 3 in § 19303 in subsection 2 in the first 3 
lines (page 7, lines 17 to 19 in L.D.) by striking out the following: "Rules adopted pursuant 
to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 
2-A." 
Amend the bill in section 7 in c. 149 in sub-c. 3 in § 193 09 in subsection 1 in paragraph 
C in the first line (page 9, line 38 in L.D.) by insetting after the following: "m" the 
following: 'in an in-person clinical setting by the licensee in accordance with any 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A" to H.P. 1258, L.D, 1956 
requirements and restrictions imposed by this chapter and in accordance with the standard 
of care' 
Amend the bill in section 7 inc. 149 in sub-c, 3 in § 19309 in subsection 1 in paragraph 
E in the first line (page 9, line 40 in L.D,) by striking out the following: "plan; and" and 
insetting the following: 'plan;' 
Amend the bill in section 7 in c, 149 in sub-c, 3 in § 19309 in subsection 1 by insetting 
after paragraph Ethe following: 
'F, 
If performing a refraction. the perfo1111ance of an objective and subjective 
refraction. when practicable; and' 
Amend the bill in section 7 inc, 149 in sub-c. 3 in§ 19309 in subsection 1 by relettering 
the paragraphs to read alphabetically. 
Amend the bill in section 7 inc. 149 in sub-c. 4 in § 19401 in subsection 1 in the last 
line (page 12, line 30 in L.D.) by insetting after the following: "board" the following: '~ 
including but not limited to complaints against any person. whether or not licensed under 
this chapter. related to actions or activities involving a kiosk or telehealth' 
Amend the bill in section 7 inc. 149 in sub-c. 4 in§ 19402 in subsection 1 in the fii'st 3 
lines (page 13, lines 20 to 22 in L.D.) by striking out the following: "refuse to issue, 
suspend. revoke or refuse to renew a license and may impose other disciplinai:y action as 
authorized in this subsection" and insetting the following: 'deny or refuse to renew a license 
or suspend or revoke a license and may impose other discipline' 
Amend the bill in section 7 inc. 149 in sub-c, 4 in§ 19402 in subsection 1 in paragraph 
B in the last 2 lines (page 13, lines 27 and 28 in L.D.) by striking out the following: 
"occupation or profession for which the person is licensed" and insetting the following: 
'practice of optometty' 
Amend the bill in section 7 in c, 149 in sub-c. 4 in § 19402 in subsection 2 in the first 
line (page 14, line 26 in L.D,) by striking out the following: "Imposition" and inserting the 
following: 'Complaint resolution and imposition' 
Amend the bill in section 7 inc, 149 in sub-c. 4 in § 19402 ln subsection 2 in the first 
line (page 14, line 26 in L.D.) by striking out the following: "Following a hearing. the board 
may" and inse1ting the following: 'The board may resolve a complaint through consent 
agreements or may, following a hearing.' 
Amend the bill in section 7 inc. 149 in sub-c. 4 in § 19402 in subsection 2 in the last 2 
lines (page 14, lines 28 and 29 in L.D,) by striking out the following: ", and for any basis 
of violation consistent with Title 10. chapter 901" and insetting the following: 'for 
violations of this chapter, Title 10, chapter 901 or any other applicable law' 
Amend the bill in section 7 inc. 149 in sub-c. 6 in§ 19605 by striking out all of the first 
indented paragraph (page 16, lines 5 to 8 in L.D.) and insetting the following: 
'The board shall adopt rules goveming telehealth services by a person licensed under 
this chapter in accordance with section 19204, These rules must establish standards of 
practice and appropriate restrictions for the various types and forms of telehealth services.' 
COMMITTEE AMENDMENT 
• ROS 
COMMITTEE AMENDMENT "A "to H.P. 1258, L.D. 1956 
Amend the bill in section 7 inc. 149 in sub-c. 7 in §19701 in subsection 2 in the 2nd 
line (page 16, line 17 in L.D.) by striking out the following: "within 30 days of' and 
inserting the following: 'no later than 30 days prior to' 
Amend the bill in section 7 inc. 149 in sub-c. 7 in§ 19702 by striking out all of the 2nd 
indented paragraph (page 16, lines 25 to 27 in L.D.). 
Amend the bill by relettering or renumbering any nonconsecutive Pait letter or section 
number to read consecutively. 
SUMMARY 
This amendment makes the following changes to the bill. 
1. It adds a definition of "in person" as it relates to a visit between an optometrist and 
a patient. 
2. It provides that an optometrist-patient relationship begins when there has been an in-
person encounter between the optometrist and the patient, unless the standard of care 
requires that a patient be seen without an in-person encounter, such as in an emergent 
situation. 
3, It changes the definition of "therapeutic pharmaceutical II to include a pharmaceutical 
agent used to diagnose ocular conditions or diseases. 
4. It establishes that minimum standards for an eye examination include a physical 
examination of each eye in an in-person clinical setting and, if a refraction is pe1formed, 
the perfo1mance of an objective and subjective refraction when practicable. 
5. It provides that the State Board of Optometry may investigate complaints against 
any person relating to actions or activities involving a kiosk or telehealth and makes other 
changes to the authority of the board to resolve complaints and impose discipline. 
6. It clarifies the timing of when an optometrist who is closing a practice is required to 
create and maintain a.written directive identifying the optometrist who is willing to assume 
responsibility for the practice, to maintain continuity of treatment and to transfer medical 
info1mation. 
7. It makes technical changes to cross-references in the bill and removes u1111ecessary 
language. 
COMMITTEE AMENDMENT