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SENATE DOCKET, NO. 1538 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1592
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael O. Moore
_________________
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.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Michael O. MooreSecond Worcester 1 of 7
SENATE DOCKET, NO. 1538 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1592
By Mr. Moore, a petition (accompanied by bill, Senate, No. 1592) of Michael O. Moore relative
to optometrist licensure. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3608 OF 2023-2024.]
The Commonwealth of Massachusetts
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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. Section 66 of chapter 112 of the General Laws, as so appearing, is amended
5by striking the section and inserting in place thereof the following new 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 chapter 112 of the General Laws, as so appearing, is
10amended by inserting the following new sentence at the end thereof:- 2 of 7
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 chapter 112 of the General Laws, as so appearing, is
15amended by inserting the following new sentence at the end thereof:-
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 chapter 112 of the General Laws, as so appearing, is
21amended by inserting the following new sentence at the end thereof:-
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. Section 68 of chapter 112 of the General Laws, as so appearing, is amended
27by striking the section and inserting the following new section in place thereof:-
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 7
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 chapter 112 of the General Laws, as so appearing, is
49amended by inserting the following new sentence at the end thereof:-
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 7
54 SECTION 8. Section 68B of chapter 112 of the General Laws, as so appearing, is
55amended by striking the second paragraph and inserting the following new paragraph in place
56thereof:-
57 “Any optometrist licensed before January 1, 1994, and who has not taken the Board
58approved testing outlined in section 68B by January 1, 2022, must retake and pass an applicable
59licensing examination that allows for the use of therapeutic pharmaceutical agents including
60glaucoma and oral medications as outlined in section 66C and present these to the board to be
61considered for the use of therapeutic pharmaceuticals including glaucoma medications and oral
62medications. The board shall transmit to all successful applicants a certificate of qualification.”
63 SECTION 9. Section 68C of chapter 112 of the General Laws, as so appearing, is
64amended by inserting the following new sentence at the end thereof:-
65 “Any optometrist licensed before January 1, 2021 and has not taken the Board approved
66testing outlined in 68C by January 1, 2025 must take and pass an applicable licensing
67examination that allows for the use of therapeutic pharmaceutical agents, including glaucoma
68medications and oral medications and present these to the board to be considered for the use of
69therapeutic pharmaceuticals, including glaucoma medications and oral medications.”
70 SECTION 10. Section 69 of chapter 112 of the General Laws, as so appearing, is
71amended by striking the section and inserting the following new section in place thereof:-
72 “Section 69. Every registered optometrist shall, annually, before February first, pay to the
73board a license fee to be determined annually by the secretary of administration and finance, in
74consultation with the department of public health, under the provision of section 3B of chapter
75seven, in default of which the board may revoke his certificate and his authority to practice 5 of 7
76optometry thereunder, after a hearing as provided by section seventy-one; but the payment of
77said fee at or before the time of the hearing, with such additional sum as determined under the
78aforementioned provision, shall remove the default. An optometrist duly registered and licensed
79to practice in this commonwealth, whose license has not been revoked, but who shall have
80temporarily retired from practice or removed from the commonwealth for not exceeding five
81years, and shall have notified the board of such retirement or removal, may register upon paying
82the lapsed annual license fees and filing with the board his affidavit as to the facts aforesaid.
83 Every optometrist registered under the provisions of this chapter shall, as a condition of
84continuation of the individual registration, present to the board, on or before February first in
85each year on such form as it may provide, evidence satisfactory to the board that in the preceding
86year the optometrist attended an educational conference or pursued an educational program
87within the commonwealth, in conformity with such requirements relating thereto as the board
88may from time to time establish by regulation.”
89 SECTION 11. Section 70 of chapter 112 of the General Laws, as so appearing, is
90amended by replacing the word “he” with the words “the optometrist” in each occurrence;
91provided further that the word “his” shall be replaced by the word “their” in each occurrence.
92 SECTION 12. Section 71 of chapter 112 of the General Laws, as so appearing, is
93amended by striking the words “habitual drunkenness” and inserting in place the word
94“substance misuse”.
95 SECTION 13. Section 72 of chapter 112 of the General Laws, as so appearing, is
96amended by striking the section and inserting the following new section in place thereof:- 6 of 7
97 “Section 72. Optometrists may practice and advertise under a trade or service name;
98provided however, that the names of the optometrist or optometrists are prominently displayed at
99all locations of their practice and in all advertisements that identify the location or locations
100where optometric services are provided. The name of the optometrist shall also be printed on any
101prescription form.”
102 SECTION 14. Section 72A of chapter 112 of the General Laws, as so appearing, is
103amended by striking the section and inserting the following new section in place thereof:-
104 “Section 72A. Whoever, not being lawfully authorized to practice optometry, practices
105optometry, or holds himself out as a practitioner of, or as being able to practice, optometry, or
106whoever personates another practitioner, or violates any other provision of sections 66 to 73,
107inclusive, or any rule or regulation made under authority thereof, shall, except as provided in
108section 65, be punished for the first offense by a fine of not less than one hundred nor more than
109four hundred dollars, or by imprisonment for not more than three months, or both; and for a
110subsequent offense, by a fine of not less than four hundred nor more than one thousand dollars,
111or by imprisonment for not less than three nor more than six months, or both.”
112 SECTION 15. Section 73 of chapter 112 of the General Laws, as so appearing, is
113amended by striking the section and inserting the following new section in place thereof:-
114 “Section 73A. Persons may advertise the sale price of eyeglasses, contact lenses or
115eyeglass frames provided they shall not include in any newspaper, radio, internet or electronic
116media display sign or other advertisements any statement of a character tending to deceive or
117mislead the public, or, any statement which in any way misrepresents any material or service or
118credit terms, or, any statement containing the words ''free examination of eyes'', ''free advice'', 7 of 7
119''free consultation'', ''consultation without obligation'', or any other words or phrases of similar
120import which convey the impression that eyes are examined for free. Any advertisement offering
121contact lenses, eyeglasses, or eyeglass frames at a fixed price shall include a statement which
122indicates that said price does not include eye examination and professional services. Such
123statement shall indicate whether said price includes the lens and, if so, the type of lens and the
124strength thereof. The optometrist may advertise using the terms “optometrist”, “doctor of
125optometry”, and “optometric physician”.
126 Whoever violates any provision of this section shall be punished for the first offense by a
127fine of not less than one hundred dollars nor more than four hundred dollars or by imprisonment
128for not more than three months, or both, and for a subsequent offense by a fine of not less than
129four hundred dollars nor more than one thousand dollars or by imprisonment for not less than
130three nor more than six months, or both.”