An Act to Amend the Laws Governing Optometric Practice
Maine Legislature, Session 132, LD 1803
Sponsors: BRENNER, FOLEY
Amends: 32 MRSA §19101, 32 MRSA §19102, 32 MRSA §19103, 32 MRSA §19201-A, 32 MRSA §19202, 32 MRSA §19204, 32 MRSA §19304, 32 MRSA §19312, 32 MRSA §19602, 32 MRSA §19605

Legislative Document
No. 1803
S.P. 702
In Senate, April 29, 2025
An Act to Amend the Laws Governing Optometric Practice
Received by the Secretary of the Senate on April 25, 2025.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative FOLEY of Wells and
Senators: BALDACCI of Penobscot, FARRIN of Somerset, HAGGAN of Penobscot, 
LAWRENCE of York, STEWART of Aroostook, Representatives: FAULKINGHAM of 
Winter Harbor, MASTRACCIO of Sanford, MATHIESON of Kittery.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  32 MRSA §19101, sub-§11-A is enacted to read:
11-A.  Hydrocodone combination product.  "Hydrocodone combination product" 
means a pharmaceutical containing specified doses of hydrocodone in combination with 
other drugs in specified amounts.
Sec. 2.  32 MRSA §19101, sub-§24, as enacted by PL 2023, c. 580, §8, is repealed 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 optometry.  "Practice of optometry" has the same meaning as 
described in section 19102.
Sec. 3.  32 MRSA §19102 is enacted to read:
§19102.  Practice of optometry
The following provisions describe the practice of optometry for the purposes of this 
chapter. 
1.  Definitions.  For the purposes of this section, unless the context otherwise indicates, 
the following terms have the following meanings. 
A.  "Diagnostic and therapeutic pharmaceutical agent" means any prescription or 
nonprescription 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 eye and its adnexa, including 
approved narcotics when used in the treatment of disorders or diseases of the eye and 
its adnexa. 
B.  "Ophthalmic surgery" means a procedure upon the human eye and its adnexa in 
which in vivo tissue is injected, cut, burned, frozen, sutured, vaporized, coagulated or 
photo disrupted by the use of surgical instrumentation, including, but not limited to, a 
scalpel, cryoprobe, laser or electric cautery, or by the use of ionizing radiation. 
"Ophthalmic surgery" does not include any surgical procedures that do not involve the 
eye or its adnexa. 
2.  Practice of optometry.  The practice of optometry is the evaluation, diagnosis, 
prevention or treatment of diseases, disorders or conditions of the human vision system, 
eyes and adjacent and associated structures, including: 
A.  Measuring the powers and range of vision of the human eye using subjective and 
objective means, including the use of lenses, prisms and automated testing devices, to 
determine its accommodative and refractive state and general scope of function of 
human vision;
B.  The adaptation, sale and dispensing of frames and lenses in all their forms to 
overcome errors of refraction and restore as near as possible normal human vision;
C.  Ordering appropriate diagnostic laboratory or imaging tests for the purpose of 
prescribing contact lenses for prosthetic or therapeutic purposes, including 
orthokeratology;
D.  The dispensing of samples to initiate treatment;
E.  The use or prescription of lenses, prisms, vision therapy and vision rehabilitation; 
F.  The prescription of diagnostic and therapeutic pharmaceutical agents for ocular 
disease, by any delivery system necessary, including schedule II narcotic agents limited 
to hydrocodone combination products and schedule III, IV and V controlled substances 
as described in 21 United States Code, Section 812; 
G.  The use and prescription of medical devices; and
H.  Ophthalmic surgery, except for the performance of the procedures described in 
subsection 3. 
The practice of optometry includes the adaptation, sale and dispensing of plano or zero 
power contact lenses and ordering appropriate diagnostic laboratory or imaging tests to 
facilitate the provision of contact lenses for cosmetic purposes.
3.  Ophthalmic surgical procedures excluded from practice of optometry.  The 
following ophthalmic surgery procedures are excluded from the practice of optometry, 
except for the preoperative and postoperative care for those procedures:
A.  Retina laser procedures;
B.  Penetrating keratoplasty or corneal transplant of any kind;
C.  Surgery performed with general anesthesia, regional anesthesia or monitored 
anesthesia care or the administration of such anesthesia;
D.  Injection into the vitreous chamber of the eye to treat any retinal or macular disease;
E.  Laser-assisted in situ keratomileusis;
F.  Corneal implants;
G.  Surgery related to removal of the eye from a living human being;
H.  Surgery requiring full thickness incision or excision of the cornea or sclera;
I.  Surgery requiring incision of the iris and ciliary body, including diathermy or 
cryotherapy;
J.  Vitrectomy;
K.  Retinal surgery;
L.  Surgical extraction of an intraocular or crystalline lens;
M.  Surgical implantation of an intraocular lens;
N.  Incisional or excisional surgery of the extraocular muscles;
O.  Surgery of the eyelid for confirmed malignancies or for incisional cosmetic or 
incisional mechanical repair;
P.  Surgery of the orbit;
Q.  Incisional or excisional surgery of the lacrimal system; and
R.  Surgery requiring full thickness conjunctivoplasty, including pterygium or 
pinguecula excision.
4.  Credentialing requirements for surgical and laser procedures.  A person may 
not perform ophthalmic surgery or laser procedures unless the person has satisfied the 
credentialing requirements established by the board. 
This section does not prevent a person from doing the mechanical work associated with 
adapting, fitting, bending, adjusting, providing, replacing or duplicating eyeglasses with 
ophthalmic lenses. 
This chapter may not be construed to limit the ability of an optometrist to use diagnostic 
or therapeutic instruments using laser, light, radiofrequency or ultrasound technology in 
the performance of eye care or limit an optometrist's ability to perform ophthalmic surgical 
procedures other than those surgical procedures excluded under subsection 3 as long as the 
optometrist has satisfied the appropriate credentialing requirements of the board.
Sec. 4.  32 MRSA §19103 is enacted to read:
§19103.  Scope of practice
The following provisions govern the determination of the scope of practice of 
optometry.
1.  Rules; board authority.  The board shall adopt rules to further define the scope of 
practice of optometry as set out in section 19102.
2.  Scope of practice and public health emergencies.  The board, when there is a 
public health emergency, may authorize an optometrist with a license under section 19304, 
subsection 2, paragraph A, B or C to administer an inoculation that would not otherwise be 
permitted within the optometrist's scope of practice under this chapter in order to support 
systemic public health needs.
Sec. 5.  32 MRSA §19201-A is enacted to read:
§19201-A.  Exclusive authority
The board has exclusive authority to determine what constitutes the practice of 
optometry as set out in section 19102 and as further defined by the board by rule. This 
chapter may not be construed to permit any agency, board or other entity of this State other 
than the board to determine what constitutes the practice of optometry.
The board has sole jurisdiction to exercise any other powers and duties of the board 
established under this chapter.
Sec. 6.  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 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
Sec. 7.  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 essential.; and
Sec. 8.  32 MRSA §19202, sub-§10 is enacted to read:
10.  Advisory opinions; declaratory rulings.  The authority to issue advisory opinions 
and declaratory rulings related to this chapter and any rules adopted pursuant to this 
chapter.
Sec. 9.  32 MRSA §19204, as enacted by PL 2023, c. 580, §8, is amended to read:
§19204.  Rulemaking Rule-making 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, including scope of 
practice, that apply to individuals licensed under this chapter.  Rules adopted pursuant to 
this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 10.  32 MRSA §19304, sub-§2, ¶A, as enacted by PL 2023, c. 580, §8, is 
amended by amending subparagraph (1) to read:
(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 and schedule II narcotic agents limited to 
hydrocodone combination products 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.
Sec. 11.  32 MRSA §19304, sub-§2, ¶A, 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 pharmaceutical agents that are:
(a)  Controlled substances identified in schedules I and II as described in 21 
United States Code, Section 812, except for schedule II narcotic agents limited 
to hydrocodone combination products; and
(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.
Sec. 12.  32 MRSA §19312, sub-§2, ¶D, as enacted by PL 2023, c. 580, §8, is 
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 
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 10 years.  A 
dispensing party other than an optometrist with an optometrist-patient relationship shall 
forward a copy of the details of a prescription for contact lenses to the optometrist with 
the optometrist-patient relationship.
Sec. 13.  32 MRSA §19602, as enacted by PL 2023, c. 580, §8, is amended to read:
§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 chapter and in accordance with 
standards of practice.
Sec. 14.  32 MRSA §19605, as enacted by PL 2023, c. 580, §8, is amended to read:
§19605.  Rulemaking
The board shall adopt rules governing the provision of 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.
SUMMARY
This bill amends provisions of the law governing optometrists.
The bill provides a more detailed explanation of what constitutes the practice of 
optometry. The definition of "practice of optometry" in current law does not include 
surgical procedures. Under the bill, certain types of ophthalmic surgeries are included in 
the practice of optometry and certain procedures are specifically excluded. An optometrist 
may only perform ophthalmic surgery if the optometrist meets credentialing requirements 
established by the State Board of Optometry. The bill also broadens the authority of an 
optometrist to dispense drugs by expanding the types of drugs an optometrist may dispense 
to include schedule II narcotics limited to pharmaceuticals containing specified doses of 
hydrocodone combined with doses of another drug and by removing language that prohibits 
an optometrist from administering drugs by injection or intravenously. The bill directs the 
board to adopt rules to further define the scope of practice of optometry and establish 
credentialing requirements for surgical procedures. 
The bill clarifies that the board, and no other board or commission in the State, has the 
authority to define the scope of practice of optometry and to exercise the powers of the 
board. The bill authorizes the board to issue advisory opinions and declaratory rulings. 
The bill also makes minor changes to the provisions relating to telehealth services and 
filling contact lense and spectacle prescriptions.