Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2380 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 413 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2380
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tackey Chan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to updating the licensure of optometrists.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/9/2025 1 of 8
16	16	HOUSE DOCKET, NO. 413 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2380
18	18	By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 2380) of Tackey
19	19	Chan relative to optometrist licensure. Public Health.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 3608 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to updating the licensure of optometrists.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 16 of chapter 13 of the General Laws, as appearing in the 2022
31	31	2Official Edition, is hereby amended, in the third sentence, by striking out the words “a member
32	32	3of the faculty or on the board of trustees thereof”.
33	33	4 SECTION 2. Chapter 112, as so appearing, is hereby amended by striking out section 66
34	34	5and inserting in place thereof the following section:-
35	35	6 Section 66. As used in this chapter, the “practice of optometry” is the examination,
36	36	7diagnosis, treatment and management of diseases, injuries, and disorders of the visual system,
37	37	8the eye and associated structures as well as the diagnosis of related systemic conditions.”
38	38	9 SECTION 3. Section 66A of said chapter 112, as so appearing, is hereby amended by
39	39	10inserting at the end thereof the following sentence:- 2 of 8
40	40	11 Any optometrist licensed before January 1, 1984, and who has not taken the board
41	41	12approved testing outlined in section 68A of this chapter by January 1, 2022, must retake and pass
42	42	13an applicable licensing examination to allow for the use of diagnostic pharmaceutical agents.
43	43	14 SECTION 4. Section 66B of said chapter 112, as so appearing, is hereby amended by
44	44	15inserting at the end thereof the following sentence:-
45	45	16 Any optometrist licensed before January 1, 1994, and has not taken the board approved
46	46	17testing outlined in section 68B of this chapter by January 1, 2022, must retake and pass an
47	47	18applicable licensing examination that allows for the use of therapeutic pharmaceutical agents
48	48	19including glaucoma and oral medications as outlined in section 66C of this chapter.
49	49	20 SECTION 5. Section 66C of said chapter 112, as so appearing, is hereby amended by
50	50	21inserting at the end thereof the following sentence:-
51	51	22 Any optometrist licensed before January 1, 2021 and has not taken the Board approved
52	52	23testing outlined in 68C of this chapter by January 1, 2025 must take and pass an applicable
53	53	24licensing examination that allows for the use of therapeutic pharmaceutical agents, including
54	54	25glaucoma medications and oral medications.
55	55	26 SECTION 6. Said chapter 112, as so appearing, is hereby amended by striking out
56	56	27section 68 and inserting in place thereof the following section:-
57	57	28 Section 68. No person, except as otherwise provided in this section, shall practice
58	58	29optometry until the individual shall have passed a doctorate optometry degree program at an
59	59	30accredited school or college of optometry and passed any applicable licensing examinations. Any
60	60	31person who shall present to the board a certified copy or certificate of registration or license 3 of 8
61	61	32which was issued to the individual after examination by a board of registration in optometry in
62	62	33any other state, where the requirements for registration are in the opinion of the board equivalent
63	63	34to those of this commonwealth, may be registered and given a certificate of registration in this
64	64	35commonwealth without a written examination; provided, that the individual has been engaged in
65	65	36the reputable practice of optometry, and that the individual intends to practice optometry in this
66	66	37commonwealth. The fee for such registration shall be determined in accordance with section 3b
67	67	38of chapter 7.
68	68	39 Notwithstanding the foregoing, the board shall require as a condition of granting or
69	69	40renewing an optometrist's certificate of registration, that the optometrist apply to participate in
70	70	41the medical assistance program administered by the secretary of health and human services in
71	71	42accordance with chapter 118E and Title XIX of the Social Security Act and any federal
72	72	43demonstration or waiver relating to such medical assistance program for the limited purposes of
73	73	44ordering and referring services covered under such program, provided that regulations governing
74	74	45such limited participation are promulgated under said chapter 118E. An optometrist who chooses
75	75	46to participate in such medical assistance program as a provider of services shall be deemed to
76	76	47have fulfilled this requirement.
77	77	48 SECTION 7. Section 68A of said chapter 112, as so appearing, is hereby amended by
78	78	49inserting at the end thereof the following sentence:-
79	79	50 Any optometrist licensed before January 1, 1984, and has not taken the board approved
80	80	51testing outlined in 68A by January 1, 2022, must retake and pass an applicable licensing
81	81	52examination that allows for the use of diagnostic pharmaceutical agents and present these to the
82	82	53board to be considered for the use of diagnostic pharmaceuticals. 4 of 8
83	83	54 SECTION 8. Section 68B of said chapter 112, as so appearing, is hereby amended by
84	84	55striking the second paragraph and inserting in place thereof the following paragraph:-
85	85	56 Any optometrist licensed before January 1, 1994, and who has not taken the Board
86	86	57approved testing outlined in section 68B by January 1, 2022, must retake and pass an applicable
87	87	58licensing examination that allows for the use of therapeutic pharmaceutical agents including
88	88	59glaucoma and oral medications as outlined in section 66C and present these to the board to be
89	89	60considered for the use of therapeutic pharmaceuticals including glaucoma medications and oral
90	90	61medications. The board shall transmit to all successful applicants a certificate of qualification.
91	91	62 SECTION 9. Section 68C of said chapter 112, as so appearing, is hereby amended by
92	92	63inserting at the end thereof the following sentence:-
93	93	64 Any optometrist licensed before January 1, 2021 and has not taken the Board approved
94	94	65testing outlined in 68C by January 1, 2025 must take and pass an applicable licensing
95	95	66examination that allows for the use of therapeutic pharmaceutical agents, including glaucoma
96	96	67medications and oral medications and present these to the board to be considered for the use of
97	97	68therapeutic pharmaceuticals, including glaucoma medications and oral medications.
98	98	69 SECTION 10. Said chapter 112, as so appearing, is hereby amended by striking out
99	99	70section 69 and inserting in place thereof the following section:-
100	100	71 Section 69. Every registered optometrist shall, annually, before February first, pay to the
101	101	72board a license fee to be determined annually by the secretary of administration and finance, in
102	102	73consultation with the department of public health, under the provision of section 3B of chapter
103	103	74seven, in default of which the board may revoke his certificate and his authority to practice
104	104	75optometry thereunder, after a hearing as provided by section seventy-one; but the payment of 5 of 8
105	105	76said fee at or before the time of the hearing, with such additional sum as determined under the
106	106	77aforementioned provision, shall remove the default. An optometrist duly registered and licensed
107	107	78to practice in this commonwealth, whose license has not been revoked, but who shall have
108	108	79temporarily retired from practice or removed from the commonwealth for not exceeding five
109	109	80years, and shall have notified the board of such retirement or removal, may register upon paying
110	110	81the lapsed annual license fees and filing with the board his affidavit as to the facts aforesaid.
111	111	82 Every optometrist registered under the provisions of this chapter shall, as a condition of
112	112	83continuation of the individual registration, present to the board, on or before February first in
113	113	84each year on such form as it may provide, evidence satisfactory to the board that in the preceding
114	114	85year the optometrist attended an educational conference or pursued an educational program
115	115	86within the commonwealth, in conformity with such requirements relating thereto as the board
116	116	87may from time to time establish by regulation.
117	117	88 SECTION 11. Said chapter 112, as so appearing, is hereby amended by striking out
118	118	89section 70 and inserting in place thereof the following section:-
119	119	90 Section 70. Every person to whom a certificate of registration has been granted shall
120	120	91cause the same to be recorded in the office of the clerk of the city or town where the optometrist
121	121	92principally carries on the practice of optometry; and if the optometrist removes their principal
122	122	93office from one city or town to another in the commonwealth, the optometrist shall, before
123	123	94engaging in practice in such other city or town, notify the board in writing of the place where the
124	124	95optometrist is to engage in practice, and obtain from the clerk of the city or town where their
125	125	96certificate is recorded a certified copy thereof and file the same with the clerk of such other city
126	126	97or town. The fee for recording such certificate or issuing a certified copy thereof shall be as 6 of 8
127	127	98provided by clause (57) of section thirty-four of chapter two hundred and sixty-two. Every
128	128	99registered optometrist shall display their certificate of registration in a conspicuous place in the
129	129	100principal office wherein the optometrist practices optometry, and shall, whenever so required,
130	130	101exhibit it to said board or its authorized representative; and whenever practicing optometry
131	131	102outside of or away from their principal office or place of business, the optometrist shall deliver to
132	132	103each customer or person fitted with glasses by the optometrist a memorandum of purchase,
133	133	104containing their signature, home post office address and the number of their certificate of
134	134	105registration, together with a specification of the lenses and frames or mountings furnished and
135	135	106the price charged therefor.
136	136	107 SECTION 12. Section 71 of said chapter 112, as so appearing, is hereby amended by
137	137	108striking out the words “habitual drunkenness” and inserting in place thereof the following
138	138	109words:- “substance misuse”.
139	139	110 SECTION 13. Said chapter 112, as so appearing, is hereby amended by striking out
140	140	111section 72 and inserting in place thereof the following section:-
141	141	112 Section 72. Optometrists may practice and advertise under a trade or service name;
142	142	113provided however, that the names of the optometrist or optometrists are prominently displayed at
143	143	114all locations of their practice and in all advertisements that identify the location or locations
144	144	115where optometric services are provided. The name of the optometrist shall also be printed on any
145	145	116prescription form.
146	146	117 SECTION 14. Said chapter 112, as so appearing, is hereby amended by striking out
147	147	118section 72A and inserting in place thereof the following section:- 7 of 8
148	148	119 Section 72A. Whoever, not being lawfully authorized to practice optometry, practices
149	149	120optometry, or holds himself out as a practitioner of, or as being able to practice, optometry, or
150	150	121whoever personates another practitioner, or violates any other provision of sections 66 to 73,
151	151	122inclusive, or any rule or regulation made under authority thereof, shall, except as provided in
152	152	123section 65, be punished for the first offense by a fine of not less than one hundred nor more than
153	153	124four hundred dollars, or by imprisonment for not more than three months, or both; and for a
154	154	125subsequent offense, by a fine of not less than four hundred nor more than one thousand dollars,
155	155	126or by imprisonment for not less than three nor more than six months, or both.
156	156	127 SECTION 15. Said chapter 112, as so appearing, is hereby amended by striking out
157	157	128section 73A and inserting in place thereof the following section:-
158	158	129 Section 73A. Persons may advertise the sale price of eyeglasses, contact lenses or
159	159	130eyeglass frames provided they shall not include in any newspaper, radio, internet or electronic
160	160	131media display sign or other advertisements any statement of a character tending to deceive or
161	161	132mislead the public, or, any statement which in any way misrepresents any material or service or
162	162	133credit terms, or, any statement containing the words ''free examination of eyes'', ''free advice'',
163	163	134''free consultation'', ''consultation without obligation'', or any other words or phrases of similar
164	164	135import which convey the impression that eyes are examined for free. Any advertisement offering
165	165	136contact lenses, eyeglasses, or eyeglass frames at a fixed price shall include a statement which
166	166	137indicates that said price does not include eye examination and professional services. Such
167	167	138statement shall indicate whether said price includes the lens and, if so, the type of lens and the
168	168	139strength thereof. The optometrist may advertise using the terms “optometrist”, “doctor of
169	169	140optometry”, and “optometric physician”. 8 of 8
170	170	141 Whoever violates any provision of this section shall be punished for the first offense by a
171	171	142fine of not less than one hundred dollars nor more than four hundred dollars or by imprisonment
172	172	143for not more than three months, or both, and for a subsequent offense by a fine of not less than
173	173	144four hundred dollars nor more than one thousand dollars or by imprisonment for not less than
174	174	145three nor more than six months, or both.