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