Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1592 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1538 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1592
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Michael O. Moore
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 :Michael O. MooreSecond Worcester 1 of 7
16	16	SENATE DOCKET, NO. 1538 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 1592
18	18	By Mr. Moore, a petition (accompanied by bill, Senate, No. 1592) of Michael O. Moore relative
19	19	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. Section 66 of chapter 112 of the General Laws, as so appearing, is amended
34	34	5by striking the section and inserting in place thereof the following new 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 chapter 112 of the General Laws, as so appearing, is
39	39	10amended by inserting the following new sentence at the end thereof:- 2 of 7
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 chapter 112 of the General Laws, as so appearing, is
44	44	15amended by inserting the following new sentence at the end thereof:-
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 chapter 112 of the General Laws, as so appearing, is
50	50	21amended by inserting the following new sentence at the end thereof:-
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. Section 68 of chapter 112 of the General Laws, as so appearing, is amended
56	56	27by striking the section and inserting the following new section in place thereof:-
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 7
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 chapter 112 of the General Laws, as so appearing, is
78	78	49amended by inserting the following new sentence at the end thereof:-
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 7
83	83	54 SECTION 8. Section 68B of chapter 112 of the General Laws, as so appearing, is
84	84	55amended by striking the second paragraph and inserting the following new paragraph in place
85	85	56thereof:-
86	86	57 “Any optometrist licensed before January 1, 1994, and who has not taken the Board
87	87	58approved testing outlined in section 68B by January 1, 2022, must retake and pass an applicable
88	88	59licensing examination that allows for the use of therapeutic pharmaceutical agents including
89	89	60glaucoma and oral medications as outlined in section 66C and present these to the board to be
90	90	61considered for the use of therapeutic pharmaceuticals including glaucoma medications and oral
91	91	62medications. The board shall transmit to all successful applicants a certificate of qualification.”
92	92	63 SECTION 9. Section 68C of chapter 112 of the General Laws, as so appearing, is
93	93	64amended by inserting the following new sentence at the end thereof:-
94	94	65 “Any optometrist licensed before January 1, 2021 and has not taken the Board approved
95	95	66testing outlined in 68C by January 1, 2025 must take and pass an applicable licensing
96	96	67examination that allows for the use of therapeutic pharmaceutical agents, including glaucoma
97	97	68medications and oral medications and present these to the board to be considered for the use of
98	98	69therapeutic pharmaceuticals, including glaucoma medications and oral medications.”
99	99	70 SECTION 10. Section 69 of chapter 112 of the General Laws, as so appearing, is
100	100	71amended by striking the section and inserting the following new section in place thereof:-
101	101	72 “Section 69. Every registered optometrist shall, annually, before February first, pay to the
102	102	73board a license fee to be determined annually by the secretary of administration and finance, in
103	103	74consultation with the department of public health, under the provision of section 3B of chapter
104	104	75seven, in default of which the board may revoke his certificate and his authority to practice 5 of 7
105	105	76optometry thereunder, after a hearing as provided by section seventy-one; but the payment of
106	106	77said fee at or before the time of the hearing, with such additional sum as determined under the
107	107	78aforementioned provision, shall remove the default. An optometrist duly registered and licensed
108	108	79to practice in this commonwealth, whose license has not been revoked, but who shall have
109	109	80temporarily retired from practice or removed from the commonwealth for not exceeding five
110	110	81years, and shall have notified the board of such retirement or removal, may register upon paying
111	111	82the lapsed annual license fees and filing with the board his affidavit as to the facts aforesaid.
112	112	83 Every optometrist registered under the provisions of this chapter shall, as a condition of
113	113	84continuation of the individual registration, present to the board, on or before February first in
114	114	85each year on such form as it may provide, evidence satisfactory to the board that in the preceding
115	115	86year the optometrist attended an educational conference or pursued an educational program
116	116	87within the commonwealth, in conformity with such requirements relating thereto as the board
117	117	88may from time to time establish by regulation.”
118	118	89 SECTION 11. Section 70 of chapter 112 of the General Laws, as so appearing, is
119	119	90amended by replacing the word “he” with the words “the optometrist” in each occurrence;
120	120	91provided further that the word “his” shall be replaced by the word “their” in each occurrence.
121	121	92 SECTION 12. Section 71 of chapter 112 of the General Laws, as so appearing, is
122	122	93amended by striking the words “habitual drunkenness” and inserting in place the word
123	123	94“substance misuse”.
124	124	95 SECTION 13. Section 72 of chapter 112 of the General Laws, as so appearing, is
125	125	96amended by striking the section and inserting the following new section in place thereof:- 6 of 7
126	126	97 “Section 72. Optometrists may practice and advertise under a trade or service name;
127	127	98provided however, that the names of the optometrist or optometrists are prominently displayed at
128	128	99all locations of their practice and in all advertisements that identify the location or locations
129	129	100where optometric services are provided. The name of the optometrist shall also be printed on any
130	130	101prescription form.”
131	131	102 SECTION 14. Section 72A of chapter 112 of the General Laws, as so appearing, is
132	132	103amended by striking the section and inserting the following new section in place thereof:-
133	133	104 “Section 72A. Whoever, not being lawfully authorized to practice optometry, practices
134	134	105optometry, or holds himself out as a practitioner of, or as being able to practice, optometry, or
135	135	106whoever personates another practitioner, or violates any other provision of sections 66 to 73,
136	136	107inclusive, or any rule or regulation made under authority thereof, shall, except as provided in
137	137	108section 65, be punished for the first offense by a fine of not less than one hundred nor more than
138	138	109four hundred dollars, or by imprisonment for not more than three months, or both; and for a
139	139	110subsequent offense, by a fine of not less than four hundred nor more than one thousand dollars,
140	140	111or by imprisonment for not less than three nor more than six months, or both.”
141	141	112 SECTION 15. Section 73 of chapter 112 of the General Laws, as so appearing, is
142	142	113amended by striking the section and inserting the following new section in place thereof:-
143	143	114 “Section 73A. Persons may advertise the sale price of eyeglasses, contact lenses or
144	144	115eyeglass frames provided they shall not include in any newspaper, radio, internet or electronic
145	145	116media display sign or other advertisements any statement of a character tending to deceive or
146	146	117mislead the public, or, any statement which in any way misrepresents any material or service or
147	147	118credit terms, or, any statement containing the words ''free examination of eyes'', ''free advice'', 7 of 7
148	148	119''free consultation'', ''consultation without obligation'', or any other words or phrases of similar
149	149	120import which convey the impression that eyes are examined for free. Any advertisement offering
150	150	121contact lenses, eyeglasses, or eyeglass frames at a fixed price shall include a statement which
151	151	122indicates that said price does not include eye examination and professional services. Such
152	152	123statement shall indicate whether said price includes the lens and, if so, the type of lens and the
153	153	124strength thereof. The optometrist may advertise using the terms “optometrist”, “doctor of
154	154	125optometry”, and “optometric physician”.
155	155	126 Whoever violates any provision of this section shall be punished for the first offense by a
156	156	127fine of not less than one hundred dollars nor more than four hundred dollars or by imprisonment
157	157	128for not more than three months, or both, and for a subsequent offense by a fine of not less than
158	158	129four hundred dollars nor more than one thousand dollars or by imprisonment for not less than
159	159	130three nor more than six months, or both.”