An Act to Amend the
Maine Legislature, Session 132, LD 1803
Committee Amendment CA_A_S657 (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 "/^ » to S.P. 702, L.D. 1803, "An Act to Amend the
Laws Governing Optometric Practice"
Amend the bill by striking out everything after the enacting clause and inserting the
following:
'PART A
Sec. A-l. 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repealed and the following enacted in its place: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 optometi'v" has the same meaning as
described in section 19102,
Sec.A-2. 32 MRSA §19102 is enacted to read:
§19102, Practice of ootometrv
The followine provisions describe the practice of optometrv for the purposes of this
chapter.
1. Definitio^^^^ of this section, unless the context otherwise indicates.
the following terms liave the followinR meanings.
A, "Diaenostic and therapeutic pharmaceutical aeent" means any Drescription or
nonprescription drue delivered bv any route of administration, which may be used or
prescribed for the diaenosis. treatment, prevention or mitigation of abnormal
conditions and diseases of the visual system or the human eye and its adnexa. including
8 atioroved narcotics when ysed^ui the treatment of disorders or diseases of tile eve and
its adnexa,
B. "Ophthalmic surgery" means a procedure upon the human eve and its adnexa in
which_hryivo tissue is injected, cut. burned, frozen, sutured, vaporized. coaeutated or
photo disrupted by the use ofsureical instrumentation. includine. but not llinited to. a
scalpel. ci'yoBrobe, laser or electric cautei'v, or by the use of ionizing radiation,
Page I - 132LR1434(02)
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COMMITTEE AMENDMENT"/^ " to S.P. 702, L,D. 1803
"Ophthahnic surgery" does not include any surgical procedures that do not involve the
eve or its adnexa.
2. Practice of ootometrv. The practice of optometrv is the evaluation, diagnosis.
prevention or treatment of diseases, disorders or conditions of the human vision system.
$ eyes and adjacent and associated structures, including, in addition to all forms of care and
treatment approved on the effective date of this subsection:
A, Measuring tlie powers and range of vision of the human eve usine subjective and
objective means, includjne the use of lenses, prisms and automated testinR devices.tQ
determine its accommodative and refractive state and general scope of function of
human vision:
B. The adaptation, sale and dispensine of frames andjenses in all their JbmLSjo
overcome errors of refraction and restore as near as possible normal human vision;
C The adaptation, sale and d isoensine of piano or zero power contact lenses^
D. Orderme aoDropriate diaenostic laboratoi-v or imaging tests for the purpose of
m'escribine contact lenses for prosthetic or therapeutic mn'poses. including
orthokeratoloev;
E. Ordering aom'oDriate diagnostic laboratorv or imagine tests to facilitate the
provision of contact lenses for cosmetic purposes:
F, The use or prescription of lenses, prisms, vision therapy and vision rehabilitation;
G, The Dfescription of diagnostic and therapeutic pharmaceutical agents for ocular
disease, by any delivery system necessary, includine controlled substances included in
schedules III. IV and V as described in 2 1 United States Code. Section 812:
H. The use and prescription of medical devices;
I, The removal of benign skin lesions of the eveUd;
J. The use of Kenaloe injection for chalazions;
K, The removal ofchalazions or benign skin tags of the eyelid, includine the ordering
of any biopsv. blood test or otlier aDDropriate diagnostic laboratofv or imaeine tests;
L. The Drescription of oral and topical antihistamines_or anti-allergy medjcation,
including the prescription of medicated contact lenses;
M.The prescription of oral and topical anti-inflammatofv medication. includine
steroids such as prednisone;
N. The prescription of oral and topical anti-elaucoma medication. including oral
acetazotamide;
0, The use of therapeutic ultrasound, radio ft'eauencv and intense pulsed light
treatments:
6 P, Ophthalmic surgery as expressly provided in this paraeraph, except for the
performance of the procedures described in subsection 3. An optometrist may utilize
JocalaneMhe by injection in perfoi'tmne the followme Drocedures;
d) The intralesional injection of a steroid to treat a chalazion;
(2) The primary removal of a pectunculated skin ta&
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COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " /\ " lo S.P. 702, L,D. 1803 [^
I (3) The intradermal iniectioti of a paralvtic aeent;
(4~) The incision and curettaee of a nonrecun-ent chalazion; and
C5) The removal of foreign bodies from the eve not involving lid mai'&inorlacrimal
dramaee structures and extendme no deeper than the orbicularis oculi muscle;
0. Selective laser trabeculoplastv to treat ocular hvpertension or elaucoma;
R. Posterior capsulotomv using an vttriuin aluminum Karnet laser to treat a Dosterior
capsule opacification; and
S, Laser peripheral iridotomv to prevent or treat anple closure elaucoma.
3. Onhthalmic sureerv orocedure_s_^jicluded^^^ to of oDtonietry. The
followine ophthalinic sureei-y Dt'ocedures are excluded from the practice of optometrv.
except for the preoperative and Dostoperative care for those procedures:
A. Retina laser procedures;
B, Penetratine keratoplastv or corneal transplant of any kind;
C, Sureeiv performed with eeneral anesthesia, regional anesthesia or monitored
anesthesia care or the administration of such anesthesia;
D. Injection into the vitreous chamber of the eve to treat any retinal or macular disease;
E. Laser-assisted in situ keratomileusis;
F. Corneal implants;
G. Sureei'v related to removal of the eye from a living human beine;
H. Surgery reguirine full thickness incision or excision of the cornea or sclera:
I. Sureerv reanirine incision of the iris and ciliarv body. includine diathermv or
cr/otheraov;
J. Vitrectomv:
K. Retinal surgei-v;
L. Sureical extraction of an intraocular or crvstalline lens;
M. Sui'Kical inwlantationofanintraocularlens;
N. Incisional or excisional sureefv of the extraocular muscles;
0. Sureery of the eyelid for confirmed malignancies or for incisional cosmetic or
incisional mechanical repair:
P. Surgery of the orbit;
0, Incisionai or excisional sureerv of the lacrimal system; and
R> Surgery requiring full thickness coniunctivoplasty. including pterygium or
mneuecula excision.
4. Credentialine requirements for ophthalmic sureerv and laser procedures. A
oerson mavilfit perform ^Bhthalmic surgery or laser procedures unless the person has
satisfied the credentialing requirements established by the board. At a minimum, the
credentialine I'eciuirements must;
COMMITTEE AMENDMENT
^
COMMITTEE AMENDMENT"^) " to S.P. 702, L.D. 1803 j b'{
A, Require an Qptometrist to be a graduate of an accredited optometrv school and hold
an active state license in good standine;
B_J?.equh'e an oDtometrist to;
fl) Have received a passing score on the laser examination and on tlie surgical
procedures examination offered by the National Board of Examiners in Optometry;
or
f2) If the optometrist graduated from an accredited optometrv school prior to July
1. 2024. have satisfactorily completed a course approved by the board that is at
least 32 hours in length, that includes content related to each procedure setforth in
subsection 2. paraeraphs P. 0. R and S and that is proctored by an ophthalmoloeist
or an optometrist authorized to perform all of the procedures set forth in subsection
2. paragraphs P. 0. R and S by the licensine board in a stgte mwhidLaqualified
optometrist may perform these procedures; and
C, Deinonstrate cotnpetencv ill tlie performance of laser Di'oceduresjyvparticiDating in
8 additional hours of working under a preceptor who is either a licensed
ophthalmoloeist or licensed and credentialed optometrist. The Dreceptor must be
licensed to perform the laser procedures, and the training must take place in the state
in which the ra'eceptor is licensed. The supervising ophthalmoloeist or ootQmetrist shall
notify the board when competency has been demonstrated in the form and manner
prescribed bv the board.
5. Mlechanical work associated with eyeglasses with ophthalmic lenses. This section
does not prevent a person from doing the mechanical work associated with adaotinfi, fitting,
bending, adiustine, m'ovidine, replacinB or duplicating eveelasses with_oDhtha}mic lenses.
6. Construction. This section may not be construed to limit the ability of an
optometrist to use diagnostic or therapeutic instruments using laser, light radio freauency
or ultrasound technoloev in the pefformance of eve care or limit an optometrist's ability to
perform oohthalmic sureery procedures other than those surgical procedures excluded
under subsection 3. as lone as the optometrist has satisfied the aom'opriate credentialing
requirements of the board,
7. Reneal. This section is repealed Januarv 1. 2033^
See. A"3. 32 MRSA §19103 is enacted to read:
§1910_3._ Scope of Rractic^boar^^^
The board shall adopt rules to further define the scope of practice of optometrv in
accordance with section 19102. subsections 2 and 3.
Sec. A-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 clioice. 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
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COMMITTEE AMENDMENT " j-\ " to S.P. 702, L.D. 1803
chapter or from the use of intoxicants or drugs to an extent that tlie 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 iftlie licensee fails to comply with an order of the board to submit to
a mental or physical examination pursuant to this subsection; as4
Sec. A-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 essentialTLand
Sec. A-6. 32 MRSA §19202, sub-§10 is enacted to read:
10. Advisory oninionss declaratoi'v rulines. The authority to issue advisory opinions
and declaratory rulines related to this chapter and any mles adoRted pursuant to this
chapter.
Sec. A-7. 32 MRSA §19204, as enacted by PL 2023,c. 580, §8, is amended to read:
§19204. Rulcmnldng Rule-makine 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 relating to scope of
practice are major substantive rules as defined in Title 5. chapter 375. subchapter 2"A. All
other rules adopted pursuant to tliis chapter are routine teclinical rules as defined in Title 5,
chapter 375, subchapter 2-A.
Sec. A-8. 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;and
(b) Administered exclusively by subdermal-injeotion, intramusoulor injection,
intravenous injection, subcutaneous injection or retrobulbar injection, except
5 injections for the emorgonoy treatment of anaphylaotio shock; and
(c) For the specific treatment of a systemic disease unless the pharmaceutical
agent is used specifically for an ocular disease,
See. A-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 sanw standard of care in diagnosis, treatment and
management of patient care as that degree of skill and proficiency commonly exercised by
COMMITTEE AMENDMENT
\Q^ COMMITTEE AMENDMENT "^ " to S,P. 702, L.D. I 803 ^ ^' ^.6
a physician with a specialty in eye care in this State. A licensee shall ensure that the services
provided are consistent with tlie licensee's scope of practice, including the licensee's
education, training, experience, ability, licensure and certification. A licensee shall carry
malpractice insurance in an amount established by the board.
Sec. A-10. 32 MRSA §19312, sub-§2, <p), as amended by PL 2025, c. 390, Pt. 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
must be licensed by and register with the Maine Board of Pharmacy pursuant to section
13751 and are subject to discipline by tliat 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 510 years, A dispensing party other
than an optometristwith an oDtometrist-oatient relationshb shall forward a copy of the
details of a prescription for contact lenses to the optomett'ist with the optometrist-
patient relationship,
See. A-ll. 32 MRSA §19602, as enacted by PL 2023, c. 580, §8, is amended to
read;
§19602. Telehealth services permitted
A person licensed under tliis chapter may provide telehealth services as long as the
licensee acts within tlie scope of practice of tlie licensee's license, in accordance with any
requirements and restrictions imposed by this subohuptor chapter and in accordance with
standards of practice.
Sec. A-12. 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 -ehapter 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. A-13. Report. No later than January 1 5, 2032, the State Board of Optometiy
shall submit a report to the joint standing committee of the Legislature having jurisdiction
over optometry licensing matters recommending whether the Maine Revised Statutes, Title
32, section 19102 should be repealed as required by Title 32, section 19102, subsection 7
or if that section should be continued or modified. The joint standing committee of the
Legislature having jurisdiction over optometiy licensing matters may report out a bill based
on the recommendation to the Second Regular Session of the 135th Legislature.
8 Sec. A-14. Effective date. This Part takes effect January 1,2028.
PART B
Sec. B-l. Commission to Review the State Board of Optometry.
Notwithstanding Joint Rule 353, tlie Commission to Review the State Board ofOptometiy,
referred to in this section as "the commission," is established as follows.
COMMITTEE AMENDMENT
"/!"<
COMMITTEE AMENDMENT " l\ " to S,P. 702, L.D, 1 803^
1. Membership. The commission consists of 10 members appointed as follows;
A. Two members of the Senate, appointed by the President of the Senate, including a
member from each of the 2 parties holding the largest number of seats in the
Legislature;
B. Two members of the House of Representatives, appointed by the Speaker of the
House of Representatives, including a member from each of tlie 2 parties holding tlie
largest number of seats in tlie Legislature;
C. One physician licensed to practice in the State with a specialty in ophthalinology,
appointed by the President of the Senate;
D. One optomett'ist licensed to practice in the State, appointed by the Speaker of the
House of Representatives;
E, The Attorney General or the Attorney General's designee;
P. The chair of the State Board of Optometiy; and
G, Two members of the public, one each appointed by the President of the Senate and
the Speaker of the House of Representatives as long as the members do not have any
pecuniary interests in or connection to optometry, medicine or ophthalmology.
2. Chairs. Tlie first-named Senate member is the Senate chair and the first-named
House of Representatives member is the House chair of tlie commission.
3. Appointments; convening of commission. All appointments must be made no later
than 30 days following the effective date of this section. 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
meeting of the commission, If 30 days or more after the effective date of this section a
majority of but not all appointments have been made, the chairs may request authority and
the Legislative Council may grant authority for the commission to meet and conduct its
business.
4. Duties. The commission shall evaluate the State Board ofOptometry, referred to in
this subsections as "the board," as follows:
A. The adequacy of staffing of the board pursuant to the Maine Revised Statutes, Title
32, section 19202, subsection 5;
B. The adequacy of funding of the board pursuant to the Maine Revised Statutes, Title
32, section 19202, subsection 4; and
C. Tlie adequacy of legal assistance provided to the board by the Office of the Attorney
General.
5. Staff assistance. The Legislative Council shall provide necessaiy staffing services
to the commission, except that Legislative Council staff support is not authorized when the
Legislature is in regular or special session.
6. Report. The commission shall report its findings to the joint standing committee of
the Legislature having jurisdiction over matters concerning the State Board ofOptometry
on or before March 1, 2027. The joint standing committee of the Legislature having
jurisdiction over matters concerning the State Board of Optometry may report out a bill to
the 133rd Legislature in 2027,
Page7-132LR1434(02)
COMMITTEE AMENDMENT
2025-26
0.000
$0
$0
2026-27
0,500
$63,347
$93,668
bO COMMITTEE AMENDMENT "^ " to S,P. 702, L.D. 1 803 [/yU<>^
PART C
Sec. C-l. Appropriations and allocations. The following appropriations and
allocations are made.
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF
Optometry - Board of 0385
Initiative: Establishes 0,5 Public Service Manager I position and provides funding for
related All Other costs.
OTHER SPECIAL REVENUE FUNDS
POSITIONS - LEGISLATIVE COUNT
Personal Services
AllOther
OTHER SPECIAL REVENUE FUNDS TOTAL $0 $157,015
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutiveiy.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill.
Part A of the amendment, which takes effect January 1, 2028, makes changes to the
provisions of the law governing optometrists by providing a more detailed explanation of
what constitutes the practice of optometry. The definition of "practice of optometiy" in
current law does not include surgical procedures,
Under the amendment, certain types ofophthalmic surgeries and laser procedures are
included in the practice of optometiy and certain ophthalmic surgical procedures are
specifically excluded. An optometrist may only perform ophthalmio surgery or laser
procedures if the optometrist meets minimum oredentialing requirements established in law
and any additional requirements established by the State Board ofOptometiy in rule, The
amendment repeals these provisions of the amendment Januaiy 1, 2033 and requires the
board to recommend to the Legislature whether to continue, modify or repeal these
provisions no later than January 15,2032, The joint standing committee of the Legislature
having jurisdiction over optometiy licensing matters may report out a bill based on the
recommendation to tile Second Regular Session of the I 3 5th Legislature,
Part A also broadens the authority of an optometrist to dispense and administer certain
medications independently and removes language that prohibits an optometrist from
administering drugs intravenously or by injection. The amendment directs the board to
adopt rules to further define the scope of practice ofoptometry and establish credentialing
requirements for ophthalmic surgery procedures. The rules are designated major
substantive and are subject to legislative approval before final adoption. Finally, Part A
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.
COMMITTEE AMENDMENT
• A" to S,P. 702, L.D, 1803 [5-Cfi5
COMMITTEE AMENDMENT " f-\" to S,P. 702, L.D, 1803
^
Part B of the amendment establishes the Commission to Review the State Board of
Optometiy. It requires the commission to evaluate the adequacy of funding, staffing and
legal assistance to the board provided by the Office of the Attorney General. The
commission Is required to report its findings to the joint standing committee of the
Legislature having jurisdiction over matters concerning the State Board of Optornetry on
or before March 1, 2027> and the committee may report out a bill based on these findings
to the 133rd Legislature in 2027.
FISCAL NOTE REQUIRED
(See attached)
Page9-132LR1434(02)
COMMITTEE AMENDMENT
Revised; 04/06/26 ^Kt.
LD 1803 LR 1434(02)
An Act to Amend the Laws Governing Optometric Practice
Fiscal Note for Bill as Amended by Committee Amendment l^j"/^y
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/AHocations
Other Special Revenue Funds $0 $157,015 $130,768 $129,,^
Legislative Cost/Study
The general operating expenses of this study are projected to be $3,050 in fiscal year 2026-27. The Legislature'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 earned 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
interim can be absorbed utilizing existing budgeted staff resources.
Fiscal Detail and Notes
The bill includes Other Special Revenue Funds allocations of $157,015 to the Department of Professional and
Financial Regulation, Board of Optometry program, in fiscal year 2026-27 to establish 0.5 Public Service Manager I
position and to support nileinaking and implementation 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 statutory fee cap may need to be adjusted to generate sufficient revenue.
LRM34(02) - Fiscal Note - Page 1 of 1