An Act to Amend the Laws Governing Optometrists
Maine Legislature, Session 131, LD 1956
Committee: Health Coverage, Insurance and Financial Services
Sponsors: POIRIER
Amends: 5 MRSA §12004-A, 32 MRSA §2415, 24-A MRSA §4314, 32 MRSA §2594-A, 32 MRSA §3270-A, 32 MRSA §3300-E

Legislative Document
No. 1956
H.P. 1258
House of Representatives, May 18, 2023
An Act to Amend the Laws Governing Optometrists
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative POIRIER of Skowhegan.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-A, sub-§28, as amended by PL 1999, c. 687, Pt. B, §1, is 
further amended to read:
28.  
State Board of Optometry
$35/Day
MRSA §2415 
§19201
Sec. 2.  24-A MRSA §4314, sub-§1, ¶A, as enacted by PL 2001, c. 408, §1 and 
affected by §2, is amended to read:
A.  "Eye care provider" means a participating provider who is an optometrist licensed 
to practice optometry pursuant to Title 32, chapter 34‑A 149, or an ophthalmologist 
licensed to practice medicine pursuant to Title 32, chapter 48.
Sec. 3.  32 MRSA c. 34-A, as amended, is repealed.
Sec. 4.  32 MRSA §2594-A, last ¶, as amended by PL 1993, c. 600, Pt. A, §184, is 
further amended to read:
When the delegated activities are part of the practice of optometry as defined in chapter 
34‑A 149, then the individual to whom these activities are delegated must possess a valid 
license to practice optometry in Maine or otherwise may perform only as a technician 
within the established office of a physician and may act solely on the order of and under 
the responsibility of a physician skilled in the treatment of eyes as designated by the proper 
professional board and without assuming evaluation or interpretation of examination 
findings by prescribing corrective procedures to preserve, restore or improve vision.
Sec. 5.  32 MRSA §3270-A, last ¶, as amended by PL 1993, c. 600, Pt. A, §205, is 
further amended to read:
When the delegated activities are part of the practice of optometry as defined in chapter 
34‑A 149, then the individual to whom these activities are delegated must possess a valid 
license to practice optometry in Maine, or otherwise may perform only as a technician 
within the established office of a physician, and otherwise acting solely on the order of and 
under the responsibility of a physician skilled in the treatment of eyes as designated by the 
proper professional board, and without assuming evaluation or interpretation of 
examination findings by prescribing corrective procedures to preserve, restore or improve 
vision.
Sec. 6.  32 MRSA §3300-E, as reallocated by RR 2015, c. 1, §36, is amended to 
read:
§3300-E.  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 19101, subsection 10 18, solely in reliance 
on a measurement of the eye by a kiosk, as defined in section 2411 19101, subsection 9 13, 
without conducting an eye examination, as defined in section 2411 19101, subsection 8 11.
Sec. 7.  32 MRSA c. 149 is enacted to read:
CHAPTER 149
OPTOMETRISTS
SUBCHAPTER 1
GENERAL PROVISIONS
§19101.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1. ACCME.  "ACCME" means the Accreditation Council for Continuing Medical 
Education.
2. ACOE.  "ACOE" means the Accreditation Council on Optometric Education, which 
is the accrediting body for professional optometric degree programs, optometric residency 
programs and optometric technician programs in the United States and Canada.
3. Board.  "Board" means the State Board of Optometry.
4. Commissioner. "Commissioner" means the Commissioner of Professional and 
Financial Regulation. 
5. 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.
6. COPE.  "COPE" means the Council on Optometric Practitioner Education.
7. Department.  "Department" means the Department of Professional and Financial 
Regulation. 
8. Dispense.  "Dispense" means the act of furnishing drug samples, spectacle lenses or 
contact lenses to a patient. 
9. Drug sample. "Drug sample" means a unit of a prescription drug that is not intended 
to be sold and is intended to promote the sale of the drug.
10. Entrance visual acuity.  "Entrance visual acuity" means the corrected or 
uncorrected acuity presented by the patient prior to the actual eye examination of the 
patient.
11. Eye examination.  "Eye examination" means an assessment of the ocular health 
and visual status of a patient that meets the minimum requirements of this chapter and that 
does not consist solely of objective refractive data or information generated by an 
automated testing device or computer application, including a kiosk or autorefractor, in 
order to establish a medical diagnosis or refractive error. 
12. Individual. "Individual" means a natural person, not an association of individuals 
or a legally created entity. 
13. Kiosk.  "Kiosk" means automated equipment, or a computer application designed 
to be used on a telephone, computer or Internet-based device that can be used either in 
person or remotely to provide refractive data or information. 
14. License applicant. "License applicant" means an individual who has applied for 
licensure to practice optometry in this State, but who has not yet been granted such 
licensure by the board.
15. Licensee.  "Licensee" means an individual who holds a license under this chapter.
16. National Board of Examiners in Optometry. "National Board of Examiners in 
Optometry," or "NBEO," means an organization that develops, administers, scores and 
reports results of valid examinations that assess competence in optometry.  
17. Nonlegend agent. "Nonlegend agent" means a pharmaceutical drug for which a 
prescription is not required.
18. Ophthalmic lens. "Ophthalmic lens" means:
A.  A spectacle lens or contact lens that has a sphere, cylinder, axis, prism value or a 
lens ground or formed pursuant to a written prescription; and
B.  An optical instrument or device worn or used by an individual that has one or more 
ophthalmic lenses designed to correct or enhance the individual's vision.
Ophthalmic lenses are also known as glasses or spectacles.  "Ophthalmic lens" includes an 
ophthalmic lens that may be adjusted by the wearer to achieve different types of visual 
correction or enhancement.
"Ophthalmic lens" does not include an optical instrument or device that is sold without 
consideration of the visual status of the individual who will use the optical instrument or 
device.
19. Optometrist.  "Optometrist" means an individual who is licensed to practice 
optometry in the State.
20.  Optometrist-patient relationship.  "Optometrist-patient relationship" means the 
relationship that begins when:
A.  An individual with an ocular or health-related matter seeks assistance from the 
licensee;
B.  The licensee agrees to undertake examination, diagnosis, consultation or treatment 
of the individual; and 
C.  The individual agrees to receive ocular or health care services from the licensee 
whether or not there has been an in-person encounter between the licensee and the 
individual. 
"Optometrist-patient relationship" includes the relationship established between a licensee 
who uses telehealth in providing optometric care and a patient who receives telehealth 
services in the following circumstances: through consultation with another licensee or other 
health care provider who has an established relationship with the patient upon agreement 
to participate in, or supervise, the patient's care; or through telehealth, if the standard of 
care does not require an in-person encounter, and in accordance with evidence-based 
standards of practice and telehealth practice guidelines that address the clinical and 
technological aspects of telemedicine. 
21. Person.  "Person" means an individual, corporation, partnership, professional 
association or any other entity.
22. Pharmaceutical agent.  "Pharmaceutical agent" means any diagnostic and 
therapeutic substance for use in the diagnosis, cure, treatment, management or prevention 
of ocular conditions and diseases, but does not include drugs administered exclusively by 
injection, except injections for the emergency treatment of anaphylactic shock.
23. Practice of optometry.  "Practice of optometry" means one or a combination of 
the following practices:
A.  The examination, diagnosis, treatment and management of diseases, injuries and 
disorders of the eye and associated structures, as well as identification of related 
systemic conditions affecting the eye without the use of invasive surgery or tissue-
altering lasers; and
B.  The provision, replacement or duplication of an ophthalmic lens without a written 
prescription from an individual licensed under the laws of this State to practice either 
optometry or medicine.
Nothing in this definition prevents an individual or person from merely doing the 
mechanical work associated with adapting, fitting, bending, adjusting, providing, replacing 
or duplicating of eyeglasses with ophthalmic lenses.
24. Provider.  "Provider" means an individual licensed as an optometrist under this 
chapter or an individual licensed as an osteopathic physician or medical doctor under 
chapter 36 or 48, respectively, who has also completed a residency in ophthalmology.
25. Successor licensee. "Successor licensee" means a licensee with no fewer than 5 
years of licensed optometry experience, who is willing and able to assume responsibility 
for a licensee's practice on a temporary or permanent basis when the licensee is unwilling 
or unable to practice optometry pursuant to this chapter.
26. Therapeutic pharmaceutical.  "Therapeutic pharmaceutical" means a 
pharmaceutical agent required to prevent, manage or treat abnormal ocular conditions or 
diseases.
27. Treatment and management of ocular disease.  "Treatment and management of 
ocular disease" means the examination given by the National Board of Examiners in 
Optometry. 
SUBCHAPTER 2
BOARD OF OPTOMETRY
§19201.  Members of State Board of Optometry: appointment; tenure; vacancies; 
removal
The State Board of Optometry, as established by Title 5, section 12004-A, subsection 
28, consists of 6 individuals appointed by the Governor.  Five of the appointees must be 
licensed therapeutic advanced glaucoma optometrists engaged in the actual practice of 
optometry in this State for a period of at least 5 years prior to their appointment. One of the 
appointees must be a consumer member who is a resident of this State and has no pecuniary 
interest in optometry or in the merchandising of optical products.  Appointment is for a 
term of 5 years.  Appointments of members must comply with Title 10, section 8009.  A 
member of the board may be removed from office for cause by the Governor.  The board 
has a common seal.
§19202.  Powers and duties of the board
The board has the following powers and duties in addition to all other powers and 
duties imposed by this chapter:
1. Hearings and procedures.  The power to hold hearings and take evidence in all 
matters relating to the exercise and performance of the powers and duties vested in the 
board and the authority to subpoena witnesses, books, records and documents in hearings 
before the board;
2. Complaints.  The duty to investigate complaints in a timely fashion, whether filed 
on the board's own motion or lodged with the board or its representatives, regarding the 
violation of a provision of this chapter or of rules adopted by the board;
3. Fees.  The authority to adopt by rules any fees for purposes authorized under this 
chapter in amounts that are reasonable and necessary for the fees' respective purposes, 
except that the fee for any one purpose may not exceed $600;
4. Budget.  The duty to submit to the commissioner the board's budgetary requirements 
in the same manner as is provided in Title 5, section 1665. The commissioner shall in turn 
transmit these requirements to the Department of Administrative and Financial Services, 
Bureau of the Budget without revision, alteration or change, unless alterations are mutually 
agreed upon by the department and the board or the board's designee. The budget submitted 
by the board to the commissioner must be sufficient to enable the board to comply with 
this chapter;
5. Adequacy of the budget and staffing.  The duty to ensure that the budget submitted 
by the board to the commissioner pursuant to subsection 4 is sufficient, if approved, to 
provide for adequate legal and investigative personnel on the board's staff and that of the 
Attorney General to ensure that complaints filed pursuant to this chapter can be resolved 
in a timely fashion;
6.  Clerical and staff personnel; duties.  The power to appoint staff who serve at the 
pleasure of the board and who shall assist the board in carrying out the board's duties and 
responsibilities under this chapter;
7. Authority to delegate.  The power to delegate to staff the authority to review and 
approve applications for licensure pursuant to procedures and criteria established by rule;
8. Authority to order a mental or physical examination.  The authority to direct a 
licensee or license applicant, who by virtue of an application for and acceptance of a license 
to practice under this chapter is considered to have given consent, to submit to an 
examination of the board's choice.  With respect to a licensee, the board may order that 
licensee to submit to an examination whenever information is received by the board that 
would cause the board to reasonably determine that the licensee may be suffering from a 
mental illness or physical illness that may be interfering with competent practice under this 
chapter or from the use of intoxicants or drugs to an extent that the use is preventing the 
licensee from practicing optometry competently and safely.  A licensee or license applicant 
examined pursuant to an order of the board may not prevent the testimony of the examining 
individual or prevent the acceptance into evidence of the report of the examining individual 
in a proceeding under this chapter.  The board may petition the District Court for immediate 
suspension of license if the licensee fails to comply with an order of the board to submit to 
a mental or physical examination pursuant to this subsection; and
9. Report.  The duty to submit to the commissioner, on or before August 1st of each 
year, the board's annual report of its operations and financial position for the preceding 
fiscal year ending June 30th, together with comments and recommendations the board 
considers essential.
§19203.  Powers and duties of commissioner
1.  Liaison.  The commissioner shall act as a liaison between the board and the 
Governor.
2.  Limitation.  The commissioner may not exercise or interfere with the exercise of 
discretionary, regulatory or licensing authority granted by statute to the board.
3.  Accessibility to public; provide information.  The commissioner may require the 
board to be accessible to the public for complaints and questions during regular business 
hours and to provide any information that the commissioner requires to ensure that the 
board is operating administratively within the requirements of this chapter.
§19204. Rulemaking authority
The board shall adopt rules that are necessary for the implementation of this chapter. 
The rules may include, but need not be limited to, requirements for licensure, license 
renewal and license reinstatement as well as practice setting standards that apply to 
individuals licensed under this chapter.  Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUBCHAPTER 3
LICENSURE
§19301.  Requirements for licensure
1.  Requirements.  A license applicant must meet the following requirements before 
licensure:
A. Be a graduate of a learning institution accredited by the ACOE; 
B. Pass all examinations required by the board; and
C. Satisfy all other requirements set forth in this chapter.
2.  Waiver or modification.  Upon written request from a license applicant, the board 
may waive or modify licensing requirements if the license applicant demonstrates 
successful completion of equivalent requirements and the board is otherwise satisfied that 
granting the license applicant a license will not harm the health, safety and welfare of the 
pubic.
§19302. Licensure required
An individual may not practice optometry in this State without first obtaining a license 
from the board, but this chapter does not apply to individuals already licensed to practice 
medicine within this State.
§19303.  Licensure by endorsement
1.  Board to establish process.  The board shall establish a process to issue a license 
by endorsement to a license applicant who presents proof of licensure by another 
jurisdiction of the United States or a territory of the United States as long as the other 
jurisdiction or territory maintains substantially equivalent license requirements for the 
licensed profession or occupation and as long as:
A.  The license applicant is in good standing in all jurisdictions in which the license 
applicant holds or has held a license.  For purposes of this paragraph, "good standing" 
means that the license applicant does not have a complaint, allegation or investigation 
pending, does not have a license that is suspended or subject to practice restrictions and 
has never surrendered a license or had a license revoked;
B.  Cause for denial of a license does not exist under Title 10, section 8003, subsection 
5-A, paragraph A or under any other law;
C.  The license applicant pays the fee, if any, pursuant to Title 10, section 8003, 
subsection 2-A, paragraph D and section 19202, subsection 3; and
D.  The license applicant passes a jurisprudence examination.
2.  Rules.  The board shall adopt rules to implement this section.  Rules adopted 
pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A.
§19304.  Levels of licensure and license requirements for use of pharmaceutical agents
1.  Pharmaceutical agents or drug samples.  Only an optometrist licensed under this 
section may use or dispense pharmaceutical agents or drug samples. 
2.  Levels of licensure.  The following are the levels of licensure.
A.  The board may only issue a therapeutic advanced glaucoma license for a new 
licensee except that a licensee who meets requirements established by the board by rule 
may apply for a therapeutic advanced glaucoma license.
(1)  An optometrist who holds a therapeutic advanced glaucoma license may 
dispense drug samples at no charge and may use and prescribe any therapeutic 
pharmaceutical, for ocular conditions including for the treatment of glaucoma. An 
optometrist with a therapeutic advanced glaucoma license may prescribe any drug 
identified in schedules III, IV and V as described in 21 United States Code, Section 
812, for any purpose associated with ocular conditions and diseases except for oral 
chemotherapeutic 
agents, 
oral 
immunosuppressive 
agents 
and 
oral 
immunostimulant agents.
(2)  Nothing in this paragraph may be construed to permit the optometric use of 
pharmaceutical agents that are:
(a) Controlled substances identified in schedules I and II as described in 21 
United States Code, Section 812;
(b)  Administered exclusively by subdermal injection, intramuscular injection, 
intravenous injection, subcutaneous injection or retrobulbar injection, except 
injections for the emergency treatment of anaphylactic shock; and 
(c) For the specific treatment of a systemic disease unless the pharmaceutical 
agent is used specifically for an ocular disease.
(3)  Notwithstanding any other provision of this chapter, an optometrist with a 
therapeutic advanced glaucoma license may provide drug samples at no charge for 
nonlegend agents, and dispense, prescribe and administer nonlegend agents.
(4)  An optometrist who is licensed and practiced under the laws of another state 
and is not authorized to independently treat glaucoma in that state must meet the 
requirements in the rules established by the board.
(5)  A therapeutic advanced glaucoma license includes all the rights and 
responsibilities of licensees with therapeutic advanced, therapeutic and diagnostic 
license levels described in paragraphs B to D but allows for the treatment of 
glaucoma.
B.  The therapeutic advanced license includes all the rights and responsibilities of 
licensees with therapeutic and diagnostic license levels described in paragraphs C and 
D but excludes the right to treat glaucoma.  An optometrist who holds a therapeutic 
advanced license may provide drug samples at no charge for and may use and prescribe 
any therapeutic pharmaceutical agent, except for the treatment of glaucoma unless the 
requirements of paragraph A have been met, including any drug identified in schedules 
III, IV and V as described in 21 United States Code, Section 812, for any purpose 
associated with ocular conditions and diseases except for oral chemotherapeutic agents, 
oral immunosuppressive agents and oral immunostimulant agents, and except that an 
optometrist who has received a therapeutic advanced license may prescribe one 5-day 
supply of any analgesic identified in schedules III, IV and V as described in 21 United 
States Code, Section 812, or any drug that had previously been identified as a schedule 
III, IV or V drug that has now been reclassified as a schedule I or II drug.
Nothing in this paragraph may be construed to permit the optometric use of 
pharmaceutical agents that are:
(1) Identified as controlled substances in schedules I and II as described in 21 
United States Code, Section 812;
(2)  Administered exclusively by subdermal injection, intramuscular injection, 
intravenous injection, subcutaneous injection or retrobulbar injection, except 
injections for the emergency treatment of anaphylactic shock; and
(3)  Used for the specific treatment of a systemic disease unless the pharmaceutical 
agent is used specifically for an ocular disease.
Notwithstanding any other provision of this chapter, an optometrist with a therapeutic 
advanced license may provide drug samples at no charge for nonlegend agents and may 
dispense, prescribe and administer nonlegend agents.
The board may not issue new therapeutic advanced licenses.
C.  The therapeutic license includes all the rights and responsibilities of licensees with 
a diagnostic license level described in paragraph D. An optometrist who holds a 
therapeutic license may provide drug samples at no charge for and may use topical 
therapeutic pharmaceuticals for any purpose associated with ocular conditions and 
diseases, except for the treatment of glaucoma.
The board may not issue new therapeutic licenses.
D.  The diagnostic license level does not permit treatment of eye pathology.  A licensee 
who holds a diagnostic license may use pharmacologic agents only for diagnosing eye 
disease.  
The board may not issue new diagnostic licenses.
§19305.  Licensing
1.  Annual renewal.  An optometrist licensed by the board shall pay annually, before 
the first day of April, to the board a license renewal fee not in excess of $600, as established 
by the board under section 19202. 
2. Late fee.  A license may be renewed up to 90 days after the date of expiration upon 
payment of a late fee as established by the board, in addition to the annual renewal fee.
A.  A licensee who fails to renew a license for more than 90 days but fewer than 2 years 
after the date of expiration, may reinstate the license without taking any examination 
required by the board by filing a new application for renewal, providing evidence of 
all continuing education credits due and paying the late fee and renewal fee.
B. An individual who fails to renew a license for 2 years or more from the date of 
expiration may obtain a new license by satisfying all the requirements for licensure in 
this chapter.
§19306.  Display of license
A licensee in active practice shall display the license in a public area of the office where 
the licensee practices. 
§19307.  Continuing education
As a condition of renewal of a license to practice, a license applicant must complete 
continuing education during the licensing cycle prior to application for renewal. The board 
may prescribe by rule the content and types of continuing education activities that meet the 
requirements of this section.
§19308.  Standard of care
A licensee shall be held to the same standard of care in diagnosis, treatment and 
management of patient care as that degree of skill and proficiency commonly exercised by 
a physician with a specialty in eye care in this State. A licensee shall ensure that the services 
provided are consistent with the licensee's scope of practice, including the licensee's 
education, training, experience, ability, licensure and certification.
§19309.  Minimum standards for eye examination
1.  Minimum standards.  The following are minimum standards for an eye 
examination:
A.  A history of the patient's ocular and medical care;
B.  A record of the entrance visual acuity of each eye;
C.  A physical examination of each eye;
D.  An assessment of the examination results;
E.  A treatment and management plan; and
F.  Such other standards or requirements as may be established by the board.
§19310.  Record keeping
An optometrist shall maintain complete records of all eye care provided, as well as any 
prescriptions or programs of corrective procedure. This information for each patient must 
be kept and be available for a period of not fewer than 10 years.
§19311.  Operation of kiosks
The following provisions govern the operation of kiosks by any person.
1.  Minimum standards for eye examination.  Ownership and operation of a kiosk, 
including use of a kiosk by any person, must comply with the minimum standards for an 
eye examination under section 19309.
2.  Enforcement.  In addition to the disciplinary actions available to the board under 
section 19402, 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 subsection 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.
A.  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.
B.  If, upon reviewing an allegation under paragraph A, 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, the use of a kiosk or the issuance of a 
prescription arising out of kiosk use, the board shall investigate.
C. 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, chapter 375, 
subchapter 4 or 5.
D.  The board may proceed with an action if the board determines that a violation in 
relation to a kiosk, the use of a kiosk or the issuance of a prescription arising out of 
kiosk use has occurred.
E. The board is not required to wait until human harm has occurred to initiate an 
investigation under this subsection.
F. The board, upon finding, after notice and an opportunity for a hearing, that a person 
has violated any requirement related to a kiosk, the use of a kiosk or the issuance of a 
prescription arising out of kiosk use without meeting the minimum standards for an 
eye examination under section 19309, 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.
G. The board shall advise the Attorney General of the failure of a person to pay a civil 
penalty imposed following an adjudicatory hearing or to reimburse costs to the board 
of investigation and hearing imposed under this subsection.  The Attorney General may 
bring an action in a court of competent jurisdiction for the failure to pay any amount 
imposed under this subsection, including the reasonable costs of investigation and 
hearing. 
H. The board may request that the Attorney General file a civil action seeking an 
injunction or other appropriate relief to enforce this section.  For violations of this 
section, a court may impose a fine of not more than $20,000 for each violation.
I.  The board may adopt rules to implement, administer and enforce this section.  Rules 
adopted pursuant to this paragraph are routine technical rules under Title 5, chapter 
375, subchapter 2-A. 
3.  Attorney General may initiate action.  Nothing in this section 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 of this section 
occurred. 
4.  Prescription filled based in part on measurements from kiosk.  It is neither a 
violation of this section 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.
§19312.  Minimum prescription requirements
1.  Minimum requirements.  The following are the minimum requirements for 
prescriptions.
A.  A prescription must include the name of the patient, the date of the prescription and 
the name and office location of the prescriber.
B.  An ophthalmic 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.
C.  For spectacle lenses, a prescription must contain the power for the spectacle lens 
for each eye and an expiration date. 
D.  For contact lenses, a prescription must include the date of examination, issue date 
of the prescription, expiration date, postal address of the prescriber, power, base curve 
or appropriate designation, diameter when appropriate and brand name or material or 
both.
E.  For pharmaceutical agents, a prescription must include the patient's name, the date 
issued, the name of the agent, dosage of drugs, the number of refills, the name of the 
prescriber, the Maine license number of the prescriber, the National Provider Identifier 
or federal Drug Enforcement Agency number of the prescriber and the prescriber's 
directions for usage.
Nothing in this paragraph may be construed to restrict the dispensation or sale by an 
optometrist of contact lenses that contain and deliver pharmaceutical agents authorized 
under this chapter for use or prescription.
F.  A person may not make a prescription for spectacle lenses or contact lenses based 
solely on the diagnosis of a refractive error of the human eye as generated by a kiosk.
G.  A person may not dispense spectacle lenses or contact lenses to an individual 
without a valid prescription from a provider issued after an eye examination performed 
by the provider, except that a licensee may dispense without a prescription spectacle 
lenses, solely for the correction of vision, that are of uniform focus power in each eye 
of between plano and +3.25 diopters.
2.  Release of contact lens and spectacle prescriptions.  The following provisions 
govern the release of contact lens and spectacle prescriptions.
A.  After contact lenses have been properly fitted and the patient released from 
immediate follow-up care by the optometrist, the optometrist shall provide a copy of 
the prescription to the patient, at no cost, which must contain the information necessary 
to properly duplicate the current prescription. 
B.  After the conclusion of an eye examination, the optometrist shall provide a copy of 
the spectacle prescription to the patient, at no cost, which must contain the information 
necessary to properly duplicate the current prescription.
C.  The prescribing optometrist is not liable for an injury to or condition of a patient 
that results from negligence in packaging, manufacturing or dispensing contact lenses 
by anyone other than the prescribing optometrist.
D.  The dispensing party may dispense contact lenses only upon receipt of a written 
prescription, except that an optometrist may fill a prescription of another optometrist 
or a physician without a copy of the prescription.  Mail order contact lens suppliers 
must be licensed by and register with the Maine Board of Pharmacy pursuant to Title 
32, section 13751 and are subject to discipline by that board for violations of that 
board's rules and the laws governing the board.  An individual who fills a contact lens 
prescription shall maintain a copy of that prescription for a period of 5 years.  
SUBCHAPTER 4
INVESTIGATIONS 
§19401. Investigations
1.  Board may investigate complaints.  The board may investigate a complaint, on its 
own initiative or upon receipt of a written complaint, regarding noncompliance with or 
violation of this chapter or of rules adopted by the board.
2.  Disclosure.  During the pendency of an investigation, a complaint or investigative 
record may be disclosed:
A. To department employees designated by the commissioner;
B. To a designated complaint officer;
C. By a department employee or complaint officer designated by the commissioner 
when, and to the extent, deemed necessary to facilitate the investigation;
D. To other state or federal agencies when the information contains evidence of 
possible violations of laws enforced by those agencies;
E. When, and to the extent, deemed necessary by the commissioner to avoid imminent 
and serious harm.  The authority of the commissioner to make such a disclosure may 
not be delegated;
F. Pursuant to rules that must be adopted by the department, when it is determined that 
confidentiality is no longer warranted due to general public knowledge of the 
circumstances surrounding the complaint or investigation and when the investigation 
would not be prejudiced by the disclosure; and
G. To the person being investigated, upon request.  The commissioner may refuse to 
disclose part or all of any investigative information, including the fact of an 
investigation, when the commissioner determines that disclosure would prejudice the 
investigation or cause harm to an individual who is referenced in the complaint.  The 
authority of the commissioner to make such a determination may not be delegated.
3.  Notice to licensee; response; dismissal.  The board shall notify the licensee of the 
content of a complaint filed against the licensee as soon as possible, but not later than 60 
days from receipt of this information.  The licensee shall respond within 30 days.  If the 
licensee's response to the complaint satisfies the board that the complaint does not merit 
further investigation or action, the matter may be dismissed, with notice of the dismissal to 
the parties.
§19402.  Disciplinary actions
1.  Forms of disciplinary action; grounds.  The board may refuse to issue, suspend, 
revoke or refuse to renew a license and may impose other disciplinary action as authorized 
in this subsection for any of the following reasons:
A. The practice of fraud, deceit or misrepresentation in obtaining a license from the 
board, or in connection with services rendered while engaged in the occupation or 
profession for which the person is licensed;
B. Any gross negligence, incompetence, misconduct or violation of an applicable code 
of ethics or standard of practice while engaged in the occupation or profession for 
which the person is licensed;
C. Conviction of a crime to the extent permitted by Title 5, chapter 341;
D. Any violation of the governing law of the board;
E. Any violation of the rules of the board;
F. Engaging in any activity requiring a license under the board that is beyond the scope 
of acts authorized by the license held;
G. Continuing to act in a capacity requiring a license under the governing law of the 
board after expiration, suspension or revocation of that license;
H. Aiding or abetting any unlicensed practice by a person who is not licensed as 
required by the board;
I. Noncompliance with an order or consent agreement of the board;
J. Noncompliance with a document release requirement to provide patient records;
K. Failure to produce any requested documents in the licensee's possession or under 
the licensee's control concerning a pending complaint or proceeding or any matter 
under investigation; 
L. Any violation of a requirement imposed pursuant to Title 10, section 8003-G;
M. Misuse of alcohol, drugs or substances that has resulted or foreseeably may result 
in the licensee performing services in a manner that endangers the health or safety of 
patients or other individuals; 
N. Professional diagnosis of a mental or physical condition that has resulted or 
foreseeably may result in the licensee performing services in a manner that endangers 
the health or safety of patients or other individuals;
O. Practicing optometry in or on premises where materials other than those necessary 
to render optometric services are dispensed to the public;
P. Practicing optometry in or in conjunction with any retail store or other commercial 
establishment where merchandise is displayed or offered for sale;
Q. Practicing optometry under a name other than that named in the license. Licensees 
practicing in association with other licensed optometrists or physicians as authorized 
by this chapter may practice under a name adopted to denote this association if the 
names of all optometrists and physicians so associated are stated as they appear on each 
individual's license whenever the association name is used; 
R.  Practicing optometry as an employee of any person, business or organization not 
engaged primarily in health care delivery;
S.  Splitting or dividing a fee with any person or organization in return for solicitation 
of customers by that person or organization; and
T.  Giving to or accepting from an optician or ophthalmic dispenser a rebate, monetary 
compensation, discount or gift. 
2.  Imposition of disciplinary action by board.  Following a hearing, the board may 
impose one or more of the forms of disciplinary actions in subsection 1 upon a licensee or 
a license applicant for violations of subsection 1, and for any basis of violation consistent 
with Title 10, chapter 901.
SUBCHAPTER 5
PRACTICE RESTRICTIONS
§19501.  Association
1.  Association.  An optometrist may practice only in an individual capacity under the 
optometrist's own name or in association with a licensed practitioner of optometry or with 
a physician. 
2. Prohibited mercantile employment.  A licensee may not practice optometry as a 
full or part-time employee of a mercantile establishment or directly or indirectly encourage 
one's optometric services to be promoted as part of a mercantile or commercial 
establishment.  This prohibition includes the practice of optometry as a lessee of a 
commercial or mercantile establishment involved in the selling of spectacles, frames, 
mounting, lenses or other optical devices.
§19502.  Corporate practice of optometry
A licensed optometrist may not associate with an individual who is not a licensed 
optometrist or a copartnership, firm or corporation for the promotion of a commercial 
practice for profit or division of profit that enables the individual, copartnership, firm or 
corporation to engage, either directly or indirectly, in the practice of optometry in this State.
SUBCHAPTER 6
TELEHEALTH
§19601. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Asynchronous encounter. "Asynchronous encounter" means an interaction 
between a patient and a licensee through a system that has the ability to store digital 
information, including, but not limited to, still images, video files, audio files, text files and 
other relevant data, and to transmit such information without requiring the simultaneous 
presence of the patient and the licensee.
2.  Store and forward transfer. "Store and forward transfer" means the transmission 
of a patient's records through a secure electronic system to a licensee.
3.  Synchronous encounter. "Synchronous encounter" means a real-time interaction 
conducted with interactive audio or video connection between a patient and a licensee or 
between a licensee and another health care provider.
4.  Telehealth services. "Telehealth services" means health care services delivered 
through the use of information technology and includes synchronous encounters, 
asynchronous encounters, store and forward transfers and telemonitoring.  
5.  Telemonitoring. "Telemonitoring" means the use of information technology to 
remotely monitor a patient's health status via electronic means, allowing the licensee to 
track the patient's health data over time.  Telemonitoring may be synchronous or 
asynchronous.
§19602. Telehealth services permitted
A person licensed under this chapter may provide telehealth services as long as the 
licensee acts within the scope of practice of the licensee's license, in accordance with any 
requirements and restrictions imposed by this subchapter and in accordance with standards 
of practice.
§19603. Confidentiality 
When providing telehealth services, a licensee shall comply with all state and federal 
confidentiality and privacy laws.
§19604. Professional responsibility
All laws and rules governing professional responsibility, unprofessional conduct and 
generally accepted standards of practice that apply to a licensee also apply to that licensee 
while providing telehealth services.
§19605. Rulemaking 
The board shall adopt rules governing telehealth services by a person licensed under 
this chapter.  These rules must establish standards of practice and appropriate restrictions 
for the various types and forms of telehealth services. Rules adopted pursuant to this section 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
SUBCHAPTER 7
PRACTICE STATUS CHANGES
§19701. Succession in practice
1.  Optometrist taking over established practice.  An optometrist taking over an 
established practice shall clearly indicate that the new optometrist is responsible 
individually for the practice, but the optometrist may use the term: "succeeded by," 
"successor to" or "succeeding" for a period not exceeding 2 years.
2.  Written directive identifying successor licensee.  A licensee who is closing a 
practice shall within 30 days of closure create and maintain a written directive identifying 
a successor licensee who is willing to assume the responsibility of the licensee's practice, 
to maintain continuity of treatment, to transfer medical information and to ensure patient 
health and safety.
§19702.  Closing practice
A licensee who is unwilling or unable to operate a practice pursuant to this chapter 
shall notify the board as soon as practicable and in no event later than 30 days before closure 
of the practice if there is no successor licensee.
The board may adopt rules to implement, administer and enforce this section.  Rules 
adopted pursuant to this section are routine technical rules under Title 5, chapter 375, 
subchapter 2-A.
SUMMARY
This bill repeals the laws governing optometrists in the Maine Revised Statutes, Title 
32, chapter 34-A and enacts laws governing optometrists in Title 32, chapter 149.