APPROVED CHAPTER
MARCH 28, 2024 580
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
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H.P. 1258 - L.D. 1956
An Act to Amend the Laws Governing Optometrists
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 32 MRSA §2415
§19201
Sec. 2. 10 MRSA §8001-A, sub-§6, as enacted by PL 1989, c. 450, §5, is repealed
and the following enacted in its place:
6. State Board of Optometry. Optometry, State Board of;
Sec. 3. 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 151, or an ophthalmologist
licensed to practice medicine pursuant to Title 32, chapter 48 chapter 36, 48 or 145.
Sec. 4. 32 MRSA c. 34-A, as amended, is repealed.
Sec. 5. 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 151, 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. 6. 32 MRSA §3270-A, last ¶, as amended by PL 1993, c. 600, Pt. A, §205, is
further amended to read:
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 When the delegated activities are part of the practice of optometry as defined in chapter
34‑A 151, 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. 7. 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 chapter 36, 48 or 145 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. 8. 32 MRSA c. 151 is enacted to read:
CHAPTER 151
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.
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 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. In person. "In person" means, with regard to a visit between a licensee and a
patient, that the licensee and the patient are physically in the same room.
14. 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.
15. 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.
16. Licensee. "Licensee" means an individual who holds a license under this chapter.
17. 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.
18. Nonlegend agent. "Nonlegend agent" means a pharmaceutical drug for which a
prescription is not required.
19. 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.
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 20. Optometrist. "Optometrist" means an individual who is licensed to practice
optometry in the State.
21. 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 and
there has been an in-person encounter between the licensee and the individual, unless
the standard of care requires that an individual be seen without an in-person visit, such
as in an emergent situation as reasonably determined by the licensee.
"Optometrist-patient relationship" includes the relationship established between a licensee
who uses telehealth in providing optometric care and a patient who receives telehealth
services 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 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.
22. Person. "Person" means an individual, corporation, partnership, professional
association or any other entity.
23. 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.
24. 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.
25. 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, 48 or 145 who has also completed a residency in ophthalmology.
26. 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
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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.
27. Therapeutic pharmaceutical. "Therapeutic pharmaceutical" means a
pharmaceutical agent required to diagnose, prevent, manage or treat abnormal ocular
conditions or diseases.
28. 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
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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
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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.
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
public.
§19302. Licensure required
An individual may not practice optometry in this State without first obtaining a license
from the