An Act to Amend the
Maine Legislature, Session 132, LD 1803
Committee Amendment CA_B_S658 (Senate)
Amends: 32 MRSA §19101, 32 MRSA §19102, 32 MRSA §19103, 32 MRSA §19202, 32 MRSA §19204, 32 MRSA §19304, 32 MRSA §19308, 32 MRSA §19312, 32 MRSA §19602, 32 MRSA §19605

COMMITTEE AMENDMENT "fz) " to S.P. 702, L.D. 1 803, "An Act to Amend the
Laws Governing Optometric Practice"
Amend the bill by striking out everything after the enacting clause and inserting the
following;
'See. 1. 32 MRSA §19101, sub-§24, as enacted by PL 2023,c.580,§8, is repealed
and the following enacted in its place;
24. Practice of optometrv. "Practice of ODtometfV" has the same meaning as
described in section 19102,
Sec. 2. 32 MRSA §19102 is enacted to read:
S19102. Practice of optometrv
The followine provisions describe the practice of optometrv for the purposes of this
chapter,
1. Definitions. For the ourposes of this section, unless the context othei-wise indicates.
the following terms have the followine meanines,
A. "Diagnostic and therapeutic pharmaceutical agent" means any presctwtion or
nonRt'escnetion drug delivered by any route of administration, which may be used or
prescribed for the diagnosis. treatment, prevention or mitigation of abnormal
conditions and diseases of the visual system or the human eve and its adnexa. including
aDDi'oved narcotics when usedI in the treatment of disorders or diseases of the eve and
its adnexa.
B. "Ophthalinic sureerv" means a urocedure upon the human eve and its adnexa in
0 wh icli in_ vivo tissue is injected, cut. burned, frozen, sutured. vaporized, coaeulated or
ohoto disrupted bv the use of surgical instrumentation. includine. but not limited to. a
scalpel, ci'voprobe, laser or electric cauterv. or by the use of ionizine radiation.
"Ophthalmic suraery" does not imclnde any surgical procedures that do not involve the
4 eve or its adnexa.
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2. Practice of ontometry. The practice of optometrv is the evaluation, diagnosis,
prevention or treatment of diseases, disorders or conditions of the human vision system,
eves and adjacent and associated structures, includine. in addition to all forms of care and
treatment aoproved on the effective date of this subsection;
A, Measurine tlie powers and range of vision of the human eve using subjective and
obieotive means, includine the use of lenses, prisms and automated testine devices, to
detennine its accommodative and refractive state and general scope of function of
human vision;
B.. The adaptation, sale and dispensine of frames and lenses in all their forms to
pvercome errors of refraotion and restore as near as possible normal human vision;
C, TheAdat?tation,_sale andJisD_e!ismg_Qf piano or zero power contact lenses;
D. Ordering aDpropriate diagnostic laboratory or imaKine tests for the purpose of
orescribme contact lenses for prosthetic or therapeutic purposes, includine
orthokeratoloev;
E. Ofdering aoprooriate diaanostic laboratory or imaeine tests to facilitate the
provision of contact lenses for cosmetic purposes;
F, The dispensine of samples to initiate treatment;
0, The use or prescriotion of lenses, prisms. vision therapy and vision rehabilitation:
H, The prescription of diaenostic and therapeutic pharmaceutical aRents for ocular
disease, by any delivery system necessary, including controlled substances included in
schedules III. IV and V as described in 21 United States Code. Section 812;
I. The use and Drescription of medical devices:
J. The t5rescriotjon_of oral and_ toDlcal antihistamiues or anti-allergv medication.
including the prescriptioti of medicated contact lenses;
K,,_The_m"escriDtion of topical anti-inflammatorv medication and oral nonsteroidal anti-
inflammatories and corticosteroids;
L, The prescription of oral and topical anti-glaucoma medications, including oral
acetazolamide;
M. The use of therapeutic ultrasound, radio frequency and intense pulsed light
treatments; and
N,_QDhthalmic surgery as expressly provided in this Daragraph;
CU The htradennal injectiori of a neuromuscular blockine agent into the eyelids;
and
(2) The independent performance of corneal collaeen cross-linkmg involvine an
intact corneal epitlieliuin,
NQtwithstandms any Drovision of this chapter to the contrary. a person may not
perform ophthalmic surgei'y in accordance with this paragraph until the board has
finally adopted rules in accordance with subsection 4 and sections 19103 and 19204.
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COMMITTEE AMENDMENT " f/," to S.P, 702, L,D, 1803
3. Ophthalmic sureerv nrocedurcs excluded from nractice of optometi'v. Any
ophthalmic sureerv Drocednres not expressly described in subsectio^^n^^^^^^^^
excluded from the practice of optometry.
4. Credentialine requirements for oohthalmic sureei'v procedures. A oerson may
not perform ophthalmic sureerv unless the person has satisfied the credentialine
requirements established in rule by the board. Rules adopted pursuant to this subsection are
major substantive rules as described in Title 5. chaoter 375. subchapter 2-A^
5. Mechanical work associated with eyeelasses with ophthnlmic lenses. This section
does not prevent a person from doing the mechanical work associated with adaptine. fitting.
bending, adjusting, providine. replacine or duolicatinR eyeglasses with oohthalmic lenses.
Sec, 3. 32 MRSA §19103 is enacted to read:
§19103. Scope of practice; board authority
The board shall adopt rules to further define the scope of practice of optometfv in
accordance with section 1 9102. subsections 2 and 3, Rules adopted pursuant to this section
are major substantive rules as described in Title 5, chapter 375, subchapter 2-A,
Sec. 4. 32 MRSA §19202, sub"§8, as enacted by PL 2023,c. 580, §8, is amended
to read:
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 tliat
would cause the board to reasonably determine that tile licensee may be suffering from a
mental illness or physical illness tliat may be interfering with competent practice under this
chapter or from the use of intoxicants or drugs to an extent that tlie use is preventing the
licensee from practicing optoinetry 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 tlie board to submit to
a mental or physical examination pursuant to this subsection; att^
See. 5. 32 MRSA §19202, sub-§9, as enacted by PL 2023,c. 580, §8, is amended
to read;
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 essentialT; and
Sec. 6. 32 MRSA §19202, sub-§10 is enacted to read:
10. Advisory opinions; declaratoryrulines. The authority to issue advisory opinions
and declacatoryrulings related to this chapter and any rules adopted pursuant to this
chapter,
Sec. 7. 32 MRSA §19204, as enacted by PL 2023,c, 580, §8, is amended to read:
Page3-132LR1434(03)
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§19204. Rulemaking Rule-makine antliority
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, including scope of
practice, that apply to individuals licensed under this chapter. Rules relatine to scope of
practice and credentialing standards are major substantive rules as defined in Tide 5.
chapter 375. subchapter 2-A, All other rules adopted pursuant to this chapter are routine
technical rules as defined in Title 5, chapter 375, subchapter 2"A.
Sec. 8. 32 MRSA §19304, sub-§2, ^fA, as enacted by PL 2023, c. 580, §8, is
amended by amending subparagraph (2) to read:
(2) Nothing in this This paragraph may not be construed to permit the optometric
use of phannaceutical agents tliat are:
(a) Controlled substances identified in schedules I and II as described in 21
United States Code, Section 812; and
(b) Administered exclusively by subdermal injection, intramuscular injection,
wtravenous injection, suboutaneous injection or retrobulbar injection, cxoopt
injections for the emergency treatment of anaphylaotio shook; and
(c) For the specific treatment of a systemic disease unless the pharmaceutical
agent is used specifically for an ocular disease.
Sec. 9. 32 MRSA §19308, as enacted by PL 2023,c. 580,§8, is amended to read;
§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. A licensee shall cany
malpractice insurance in an amount established by the board,
Sec. 10. 32 MRSA §19312, sub-§2, P, as amended by PL 2025, c. 390, Ft. A,
§53, is further amended to read;
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
3 must be licensed by and register with the Maine Board of Pharmacy pursuant to 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^lQ years. A dispensing party other
than an optometrist with an optojnetrist-patient relationship sliall forward a copy of the
details of a prescription for contact lenses to the optotnetrist with the ootometrist-
patient relationship.
Sec. 11. 32 MRSA §19602, as enacted by PL 2023,c, 580, §8, is amended to read:
§19602. Telehealth services permitted
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ROS COMMITTEE AMENDMENT " d" to S.P, 702, L,D. I 803 [ S{
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 subehapter chagter and in accordance with
standards of practice.
See. 12. 32 MRSA §19605, as enacted by PL 2023,c. 580, §8, is amended to read;
§19605. Rulemaking
The board shall adopt rules governing thejgiwisKmoftelehealth 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,
Sec. 13. Task Force to Study the Optometry Practice Laws and
Recommend Changes to Modernize Board Oversight and to Update the
Licensure and Scope of Practice Provisions established. The Task Force to Study
the Optometry Practice Laws and Recommend Changes to Modernize Board Oversight and
to Update the Licensure and Scope of Practice Provisions, referred to in this section as "the
task force," is established.
1. Task force membership. Notwithstanding Joint Rule 353, the task force consists
of 11 members appointed as follows:
A. Two members of the Senate, appointed by the President of the Senate, at least one
of whom must be a member of the Joint Standing Committee on Health Coverage,
Insurance and Financial Services;
B. Two members of the House of Representatives, appointed by the Speaker of the
House of Representatives, at least one of whom must be a member of the Joint Standing
Committee on Health Coverage, Insurance and Financial Services;
C. Two members who are practicing as licensed optometrists in the State, one of whom
must be a member of the State Board ofOptometiy, one appointed by the President of
the Senate and one appointed by the Speaker of the House of Representatives;
D. Two members who are practicing as licensed ophthalmologists in the State, one
appointed by the President of the Senate and one appointed by the Speaker oftlie House
of Representatives;
E, One member representing the Board of Licensure in Medicine, appointed by the
Board ofLicensure in Medicine;
F, One member representing the Maine Board of Pharmacy, appointed by tlie Maine
Board of Pharmacy; and
G. One member representing the Department of Professional and Financial Regulation,
Office of Professional and Occupational Regulation, appointed by the Governor.
2. Chairs. The first-named Senate member is the Senate chair and the first-named
8 House of Representatives member is the House chair of tlie task force.
3. Appointments; convening of task force. All appointments must be made no later
than 30 days following the effective date of this Act, The appointing authorities shall notify
the Executive Director of the Legislative Council once all appointments have been
completed. After appointment of all members, the chairs shall call and convene the first
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COMMITTEE AMENDMENT "j^ " |o S,P. 702, L.D, 1803
'i^"loS,P.702,L.D, 1803 L^1
meeting of the task force. If 3 0 days or more after the effective date of this Act a majority
of but not all appointments have been made, the chairs may request authority and the
Legislative Council may grant authority for the task force to meet and conduct its business.
4. Duties. The task force shall conduct a study of the Maine Revised Statutes, Title 32,
chapter 151 and any laws associated with the provisions of that chapter to recommend:
A. Structural and administrative changes to modernize oversight of the State Board of
Optometry; and
B. Changes to update the licensure and scope of practice provisions for optometrists
to more accurately reflect their education and training and the practice settings and
delivery models for optometry services in this State,
The task force shall review and identify best practices from similar efforts in other states.
The task force may hoid hearings and invite testimony from experts and the public to gather
information,
5. Staff assistance. The Legislative Council shall provide necessaiy staffing services
to the task force, except that Legislative Council staff support is not authorized when the
Legislature is in regular or special session.
6. Stakeholder participation. The task force may invite stakeholders to participate in
meetings or subcommittee meetings of the task force to ensure tliat the task force has the
information and expertise necessaiy to fulfill its duties.
7. Reporting date. Notwithstanding Joint Rule 353, the task force shall report any
recommendations pursuant to section 4 to the joint standing committee of the Legislature
having jurisdiction over matters concerning the practice ofoptoinetry on or before February
1,2027. The joint standing committee may report out a bill to die 133rd Legislature in 2027
related only to the task force's recommendations to modernize oversight of the State Board
of Optometry and to continue the task force process. The joint standing committee may
report out a bill to the Second Regular Session of the 133rd Legislature to update the
licensm'e and scope of practice provisions for optometrists.
Sec. 14. Appropriations and allocations. The following appropriations and
allocations are made.
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Optometry - Board of 0385
Initiative: Provides funding for consulting services and rulemaking.
OTHER SPECIAL REVENUE FUNDS 2025-26 2026-27
AllOther $0 $77,918
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $77,918
8 Amend tlie bill by relettering or renumbering any nonconsecutive Part letter or section
number to read conseoutively.
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COMMITTEE AMENDMENT •
)" to S,P, 702, L.D. 1803
SUMMARY
This amendment, which is the minority report of the committee, replaces the bill, The
amendment does the following.
The amendment makes changes to the provisions of the law governing optometrists by
providing a more detailed explanation of what constitutes the practice of optometiy. The
definition of "practice of optometry" in current law does not include surgical procedures,
The amendment, which is more limited in scope than the majority report, includes only 2
specific ophthalmic surgeries in the practice of optometry and all other procedures are
specifically excluded. The amendment directs the State Board ofOptometiy to adopt major
substantive rules, subject to legislative approval before final adoption, to further define the
scope of practice of optometiy and establish credentialing requirements. An optometrist
may not perform ophthalmic surgery as provided in the amendment until the board has
finally approved major substantive rules regarding an optometrist's scope of practice and
credentialing standards.
Tlie amendment also broadens the authority of an optometrist to dispense and
administer certain medications independently and removes language that prohibits an
optometfist from administering drugs by injection or intravenously. The amendment
authorizes the board to issue advisory opinions and declaratoiy rulings, The amendment
requires an optometrist to obtain malpractice insurance in an amount established by the
board and also makes minor changes to the provisions relating to telehealth services and
filling contact lenses and spectacle prescriptions.
The amendment also establishes the Task Force to Study the Optometiy Practice Laws
and Recommend Changes to Modernize Board Oversight and to Update the Licensure and
Scope of Practice Provisions and directs the task force to study the Maine Revised Statutes,
Title 32, chapter 151, which governs optometrists, and any laws associated with the
provisions of that chapter to recommend structural and administrative changes to
modernize board oversiglit and changes to update the licensure and scope of practice
provisions for optometrists to more accurately reflect their education and training and the
practice settings and delivery models for optometry services in this State, The task force is
required to report any recomtnendations from the study to the joint standing committee of
tile Legislature having jurisdiction over matters concerning the practice of optometiy on or
before February 1, 2027. The joint standing committee may report out a bill to the 133rd
Legislature in 2027 related only to the task force's recommendations to modernize board
oversight and to continue the task force process. The joint standing committee may report
out a bill to the Second Regular Session of the 133rd Legislature to update the licensure
and scope of practice provisions for optometrists.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised; 04/06/26 ^Kt-
LD 1803 LR 1434(03)
An Act to Amend the Laws Governing Optometric Practice
Fiscal Note for Bill as Amended by Committee Amendment '|py(
Committee: Health Coverage, Insurance and Financial Services
Fiscal Note Required; Yes
Fiscal Note
Legislative Cost/Study
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Appropriations/Allocations
Other Special Revenue Funds $0 $77,918 $41,556 $41,556
Legislative Cost/Study
The general operating expenses of this study are projected to be $3,050 in fiscal year 2026-27. The Legislahu-e's
budget for the 2026-2027 biennium includes $7,253 in fiscal year 2025-26 and $17,696 in fiscal year 2026-27 for the
costs of legislative studies, as well as $41,338 of balances carried over from prior fiscal years for this purpose,
Whether these amounts are sufficient to fund all studies will depend on the number of studies authorized by the
Legislative Council and the Legislature. The additional costs of providing staffing assistance to the study during the
mterim can be absorbed utilizing existing budgeted staff resources.
Fiscal Detail and Notes
The bill includes Other Special Revenue Funds allocations of $77,918 to the Department of Professional and Financial
Regulation, Board ofOptometry program, to support consulting services to establish credentialing requirements for
surgery and to develop rules and rulemaking costs associated with changes to the practice ofoptometry, including
licensing and regulatory oversight
The Board does not have sufficient resources to support these costs and will need to increase licensing fees. The
current stahitory fee cap may need to be adjusted to generate sufficient revenue.
LR1434(03) - Fiscal Note - Page 1 of 1