Page 1 - 131LR0146(05)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
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Sec. 2. 10 MRSA §8001-A, sub-§6, as enacted by PL 1989, c. 450, §5, is repealed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 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Sec. 4. 32 MRSA c. 34-A, as amended, is repealed.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:
APPROVED
MARCH 28, 2024
BY GOVERNOR
CHAPTER
580
PUBLIC LAW Page 2 - 131LR0146(05)
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. Page 3 - 131LR0146(05)
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.
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. Page 4 - 131LR0146(05)
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.
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 Page 5 - 131LR0146(05)
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 Page 6 - 131LR0146(05)
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.
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 Page 7 - 131LR0146(05)
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 board, but this chapter does not apply to individuals already licensed to practice
medicine within this State.
§19303. Licensure by endorsement
1. Board to establish process. The board shall establish a process to issue a license
by endorsement to a license applicant who presents proof of licensure by another
jurisdiction of the United States or a territory of the United States as long as the other
jurisdiction or territory maintains substantially equivalent license requirements for the
licensed profession or occupation and as long as:
A. The license applicant is in good standing in all jurisdictions in which the license
applicant holds or has held a license. For purposes of this paragraph, "good standing"
means that the license applicant does not have a complaint, allegation or investigation
pending, does not have a license that is suspended or subject to practice restrictions and
has never surrendered a license or had a license revoked;
B. Cause for denial of a license does not exist under section 19402 or under any other
applicable law;
C. The license applicant pays the fee, if any, pursuant to section 19202, subsection 3
and Title 10, chapter 901; and
D. The license applicant passes a jurisprudence examination.
2. Rules. The board shall adopt rules to implement this section.
§19304. Levels of licensure and license requirements for use of pharmaceutical agents Page 8 - 131LR0146(05)
1. Pharmaceutical agents or drug samples. Only an optometrist licensed under this
section may use or dispense pharmaceutical agents or drug samples.
2. Levels of licensure. The following are the levels of licensure.
A. The board may only issue a therapeutic advanced glaucoma license for a new
licensee except that a licensee who meets requirements established by the board by rule
may apply for a therapeutic advanced glaucoma license.
(1) An optometrist who holds a therapeutic advanced glaucoma license may
dispense drug samples at no charge and may use and prescribe any therapeutic
pharmaceutical, for ocular conditions including for the treatment of glaucoma. An
optometrist with a therapeutic advanced glaucoma license may prescribe any drug
identified in schedules III, IV and V as described in 21 United States Code, Section
812, for any purpose associated with ocular conditions and diseases except for oral
chemotherapeutic agents, oral immunosuppressive agents and oral
immunostimulant agents.
(2) Nothing in this paragraph may be construed to permit the optometric use of
pharmaceutical agents that are:
(a) Controlled substances identified in schedules I and II as described in 21
United States Code, Section 812;
(b) Administered exclusively by subdermal injection, intramuscular injection,
intravenous injection, subcutaneous injection or retrobulbar injection, except
injections for the emergency treatment of anaphylactic shock; and
(c) For the specific treatment of a systemic disease unless the pharmaceutical
agent is used specifically for an ocular disease.
(3) Notwithstanding any other provision of this chapter, an optometrist with a
therapeutic advanced glaucoma license may provide drug samples at no charge for
nonlegend agents, and dispense, prescribe and administer nonlegend agents.
(4) An optometrist who is licensed and practiced under the laws of another state
and is not authorized to independently treat glaucoma in that state must meet the
requirements in the rules established by the board.
(5) A therapeutic advanced glaucoma license includes all the rights and
responsibilities of licensees with therapeutic advanced, therapeutic and diagnostic
license levels described in paragraphs B to D but allows for the treatment of
glaucoma.
B. The therapeutic advanced license includes all the rights and responsibilities of
licensees with therapeutic and diagnostic license levels described in paragraphs C and
D but excludes the right to treat glaucoma. An optometrist who holds a therapeutic
advanced license may provide drug samples at no charge for and may use and prescribe
any therapeutic pharmaceutical agent, except for the treatment of glaucoma unless the
requirements of paragraph A have been met, including any drug identified in schedules
III, IV and V as described in 21 United States Code, Section 812, for any purpose
associated with ocular conditions and diseases except for oral chemotherapeutic agents,
oral immunosuppressive agents and oral immunostimulant agents, and except that an
optometrist who has received a therapeutic advanced license may prescribe one 5-day Page 9 - 131LR0146(05)
supply of any analgesic identified in schedules III, IV and V as described in 21 United
States Code, Section 812, or any drug that had previously been identified as a schedule
III, IV or V drug that has now been reclassified as a schedule I or II drug.
Nothing in this paragraph may be construed to permit the optometric use of
pharmaceutical agents that are:
(1) Identified as controlled substances in schedules I and II as described in 21
United States Code, Section 812;
(2) Administered exclusively by subdermal injection, intramuscular injection,
intravenous injection, subcutaneous injection or retrobulbar injection, except
injections for the emergency treatment of anaphylactic shock; and
(3) Used for the specific treatment of a systemic disease unless the pharmaceutical
agent is used specifically for an ocular disease.
Notwithstanding any other provision of this chapter, an optometrist with a therapeutic
advanced license may provide drug samples at no charge for nonlegend agents and may
dispense, prescribe and administer nonlegend agents.
The board may not issue new therapeutic advanced licenses.
C. The therapeutic license includes all the rights and responsibilities of licensees with
a diagnostic license level described in paragraph D. An optometrist who holds a
therapeutic license may provide drug samples at no charge for and may use topical
therapeutic pharmaceuticals for any purpose associated with ocular conditions and
diseases, except for the treatment of glaucoma.
The board may not issue new therapeutic licenses.
D. The diagnostic license level does not permit treatment of eye pathology. A licensee
who holds a diagnostic license may use pharmacologic agents only for diagnosing eye
disease.
The board may not issue new diagnostic licenses.
§19305. Licensing
1. Annual renewal. An optometrist licensed by the board shall pay annually, before
the first day of April, to the board a license renewal fee not in excess of $600, as established
by the board under section 19202.
2. Late fee. A license may be renewed up to 90 days after the date of expiration upon
payment of a late fee as established by the board, in addition to the annual renewal fee.
A. A licensee who fails to renew a license for more than 90 days but fewer than 2 years
after the date of expiration, may reinstate the license without taking any examination
required by the board by filing a new application for renewal, providing evidence of
all continuing education credits due and paying the late fee and renewal fee.
B. An individual who fails to renew a license for 2 years or more from the date of
expiration may obtain a new license by satisfying all the requirements for licensure in
this chapter.
§19306. Display of license Page 10 - 131LR0146(05)
A licensee in active practice shall display the license in a public area of the office where
the licensee practices.
§19307. Continuing education
As a condition of renewal of a license to practice, a license applicant must complete
continuing education during the licensing cycle prior to application for renewal. The board
may prescribe by rule the content and types of continuing education activities that meet the
requirements of this section.
§19308. Standard of care
A licensee shall be held to the same standard of care in diagnosis, treatment and
management of patient care as that degree of skill and proficiency commonly exercised by
a physician with a specialty in eye care in this State. A licensee shall ensure that the services
provided are consistent with the licensee's scope of practice, including the licensee's
education, training, experience, ability, licensure and certification.
§19309. Minimum standards for eye examination
1. Minimum standards. The following are minimum standards for an eye
examination:
A. A history of the patient's ocular and medical care;
B. A record of the entrance visual acuity of each eye;
C. A physical examination of each eye in an in-person clinical setting by the licensee
in accordance with any requirements and restrictions imposed by this chapter and in
accordance with the standard of care;
D. An assessment of the examination results;
E. A treatment and management plan;
F. If performing a refraction, the performance of an objective and subjective refraction,
when practicable; and
G. Such other standards or requirements as may be established by the board.
§19310. Record keeping
An optometrist shall maintain complete records of all eye care provided, as well as any
prescriptions or programs of corrective procedure. This information for each patient must
be kept and be available for a period of not fewer than 10 years.
§19311. Operation of kiosks
The following provisions govern the operation of kiosks by any person.
1. Minimum standards for eye examination. Ownership and operation of a kiosk,
including use of a kiosk by any person, must comply with the minimum standards for an
eye examination under section 19309.
2. Enforcement. In addition to the disciplinary actions available to the board under
section 19402, the board has the following powers of enforcement for violations of this
chapter that relate in any way to kiosks, their use or the issuance of prescriptions arising
out of their use. Nothing in this subsection may be construed to apply to enforcement for Page 11 - 131LR0146(05)
violations by physicians who are governed by the Board of Licensure in Medicine or the
Board of Osteopathic Licensure.
A. A person or governmental entity that believes a violation of this chapter in relation
to a kiosk has occurred or has been attempted may make an allegation of that fact to
the board in writing.
B. If, upon reviewing an allegation under paragraph A, the board determines there is
a reasonable basis to believe a violation of this chapter or attempted violation of this
chapter has occurred in relation to a kiosk, the use of a kiosk or the issuance of a
prescription arising out of kiosk use, the board shall investigate.
C. The board may hold adjudicatory hearings and administer oaths and order testimony
to be taken at a hearing or by deposition conducted pursuant to Title 5, chapter 375,
subchapter 4 or 5.
D. The board may proceed with an action if the board determines that a violation in
relation to a kiosk, the use of a kiosk or the issuance of a prescription arising out of
kiosk use has occurred.
E. The board is not required to wait until human harm has occurred to initiate an
investigation under this subsection.
F. The board, upon finding, after notice and an opportunity for a hearing, that a person
has violated any requirement related to a kiosk, the use of a kiosk or the issuance of a
prescription arising out of kiosk use without meeting the minimum standards for an
eye examination under section 19309, may impose an administrative fine of not more
than $10,000 for each violation or attempted violation and may issue an order requiring
reimbursement of the reasonable costs to the board of investigation and hearing.
G. The board shall advise the Attorney General of the failure of a person to pay a civil
penalty imposed following an adjudicatory hearing or to reimburse costs to the board
of investigation and hearing imposed under this subsection. The Attorney General may
bring an action in a court of competent jurisdiction for the failure to pay any amount
imposed under this subsection, including the reasonable costs of investigation and
hearing.
H. The board may request that the Attorney General file a civil action seeking an
injunction or other appropriate relief to enforce this section. For violations of this
section, a court may impose a fine of not more than $20,000 for each violation.
I. The board may adopt rules to implement, administer and enforce this section. Rules
adopted pursuant to this paragraph are routine technical rules under Title 5, chapter
375, subchapter 2-A.
3. Attorney General may initiate action. Nothing in this section prohibits the
Attorney General from initiating an action without referral or request from the board if the
Attorney General determines there is a reasonable basis to believe a violation of this section
occurred.
4. Prescription filled based in part on measurements from kiosk. It is neither a
violation of this section nor grounds for professional discipline or liability for an
optometrist to fill a prescription for a patient based in part on measurements obtained
through a kiosk. Page 12 - 131LR0146(05)
§19312. Minimum prescription requirements
1. Minimum requirements. The following are the minimum requirements for
prescriptions.
A. A prescription must include the name of the patient, the date of the prescription and
the name and office location of the prescriber.
B. An ophthalmic prescription may not contain an expiration date of more than 2 years
from the date of the eye examination by the provider unless the prescription contains a
statement made by the provider of the reasons why a longer time frame is appropriate
based on the medical needs of the patient.
C. For spectacle lenses, a prescription must contain the power for the spectacle lens
for each eye and an expiration date.
D. For contact lenses, a prescription must include the date of examination, issue date
of the prescription, expiration date, postal address of the prescriber, power, base curve
or appropriate designation, diameter when appropriate and brand name or material or
both.
E. For pharmaceutical agents, a prescription must include the patient's name, the date
issued, the name of the agent, dosage of drugs, the number of refills, the name of the
prescriber, the Maine license number of the prescriber, the National Provider Identifier
or federal Drug Enforcement Agency number of the prescriber and the prescriber's
directions for usage.
Nothing in this paragraph may be construed to restrict the dispensation or sale by an
optometrist of contact lenses that contain and deliver pharmaceutical agents authorized
under this chapter for use or prescription.
F. A person may not make a prescription for spectacle lenses or contact lenses based
solely on the diagnosis of a refractive error of the human eye as generated by a kiosk.
G. A person may not dispense spectacle lenses or contact lenses to an individual
without a valid prescription from a provider issued after an eye examination performed
by the provider, except that a licensee may dispense without a prescription spectacle
lenses, solely for the correction of vision, that are of uniform focus power in each eye
of between plano and +3.25 diopters.
2. Release of contact lens and spectacle prescriptions. The following provisions
govern the release of contact lens and spectacle prescriptions.
A. After contact lenses have been properly fitted and the patient released from
immediate follow-up care by the optometrist, the optometrist shall provide a copy of
the prescription to the patient, at no cost, which must contain the information necessary
to properly duplicate the current prescription.
B. After the conclusion of an eye examination, the optometrist shall provide a copy of
the spectacle prescription to the patient, at no cost, which must contain the information
necessary to properly duplicate the current prescription.
C. The prescribing optometrist is not liable for an injury to or condition of a patient
that results from negligence in packaging, manufacturing or dispensing contact lenses
by anyone other than the prescribing optometrist. Page 13 - 131LR0146(05)
D. The dispensing party may dispense contact lenses only upon receipt of a written
prescription, except that an optometrist may fill a prescription of another optometrist
or a physician without a copy of the prescription. Mail order contact lens suppliers
must be licensed by and register with the Maine Board of Pharmacy pursuant to Title
32, section 13751 and are subject to discipline by that board for violations of that
board's rules and the laws governing the board. An individual who fills a contact lens
prescription shall maintain a copy of that prescription for a period of 5 years.
SUBCHAPTER 4
INVESTIGATIONS
§19401. Investigations
1. Board may investigate complaints. The board may investigate a complaint, on its
own initiative or upon receipt of a written complaint, regarding noncompliance with or
violation of this chapter or of rules adopted by the board, including but not limited to
complaints against any person, whether or not licensed under this chapter, related to actions
or activities involving a kiosk or telehealth.
2. Disclosure.
record may be disclosed:
A. To a designated complaint officer;
B. To other state or federal agencies when the information contains evidence of
possible violations of laws enforced by those agencies; and
C. Pursuant to rules that must be adopted by the department, when it is determined that
confidentiality is no longer warranted due to general public knowledge of the
circumstances surrounding the complaint or investigation and when the investigation
would not be prejudiced by the disclosure.
3. Notice to licensee; response; dismissal. The board shall notify the licensee of the
content of a complaint filed against the licensee as soon as possible, but not later than 60
days from receipt of this information. The licensee shall respond within 30 days. If the
licensee's response to the complaint satisfies the board that the complaint does not merit
further investigation or action, the matter may be dismissed, with notice of the dismissal to
the parties.
§19402. Disciplinary actions
1. Forms of disciplinary action; grounds.
license or suspend or revoke a license and may impose other discipline for any of the
following reasons:
A. The practice of fraud, deceit or misrepresentation in obtaining a license from the
board, or in connection with services rendered while engaged in the occupation or
profession for which the person is licensed;
B. Any gross negligence, incompetence, misconduct or violation of an applicable code
of ethics or standard of practice while engaged in the practice of optometry;
C. Conviction of a crime to the extent permitted by Title 5, chapter 341; Page 14 - 131LR0146(05)
D. Any violation of the governing law of the board;
E. Any violation of the rules of the board;
F. Engaging in any activity requiring a license under the board that is beyond the scope
of acts authorized by the license held;
G. Continuing to act in a capacity requiring a license under the governing law of the
board after expiration, suspension or revocation of that license;
H. Aiding or abetting any unlicensed practice by a person who is not licensed as
required by the board;
I. Noncompliance with an order or consent agreement of the board;
J. Noncompliance with a document release requirement to provide patient records;
K. Failure to produce any requested documents in the licensee's possession or under
the licensee's control concerning a pending complaint or proceeding or any matter
under investigation;
L. Any violation of a requirement imposed pursuant to Title 10, section 8003-G;
M. Misuse of alcohol, drugs or substances that has resulted or foreseeably may result
in the licensee performing services in a manner that endangers the health or safety of
patients or other individuals;
N. Professional diagnosis of a mental or physical condition that has resulted or
foreseeably may result in the licensee performing services in a manner that endangers
the health or safety of patients or other individuals;
O. Practicing optometry in or on premises where materials other than those necessary
to render optometric services are dispensed to the public;
P. Practicing optometry in or in conjunction with any retail store or other commercial
establishment where merchandise is displayed or offered for sale;
Q. Practicing optometry under a name other than that named in the license. Licensees
practicing in association with other licensed optometrists or physicians as authorized
by this chapter may practice under a name adopted to denote this association if the
names of all optometrists and physicians so associated are stated as they appear on each
individual's license whenever the association name is used;
R. Practicing optometry as an employee of any person, business or organization not
engaged primarily in health care delivery;
S. Splitting or dividing a fee with any person or organization in return for solicitation
of customers by that person or organization; and
T. Giving to or accepting from an optician or ophthalmic dispenser a rebate, monetary
compensation, discount or gift.
2. Complaint resolution and imposition of disciplinary action by board.
may resolve a complaint through consent agreements or may, following a hearing, impose
one or more of the forms of disciplinary actions in subsection 1 upon a licensee or a license
applicant for violations of subsection 1 for violations of this chapter, Title 10, chapter 901
or any other applicable law. Page 15 - 131LR0146(05)
SUBCHAPTER 5
PRACTICE RESTRICTIONS
§19501. Association
1. Association. An optometrist may practice only in an individual capacity under the
optometrist's own name or in association with a licensed practitioner of optometry or with
a physician.
2. Prohibited mercantile employment. A licensee may not practice optometry as a
full or part-time employee of a mercantile establishment or directly or indirectly encourage
one's optometric services to be promoted as part of a mercantile or commercial
establishment. This prohibition includes the practice of optometry as a lessee of a
commercial or mercantile establishment involved in the selling of spectacles, frames,
mounting, lenses or other optical devices.
§19502. Corporate practice of optometry
A licensed optometrist may not associate with an individual who is not a licensed
optometrist or a copartnership, firm or corporation for the promotion of a commercial
practice for profit or division of profit that enables the individual, copartnership, firm or
corporation to engage, either directly or indirectly, in the practice of optometry in this State.
SUBCHAPTER 6
TELEHEALTH
§19601. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Asynchronous encounter. "Asynchronous encounter" means an interaction
between a patient and a licensee through a system that has the ability to store digital
information, including, but not limited to, still images, video files, audio files, text files and
other relevant data, and to transmit such information without requiring the simultaneous
presence of the patient and the licensee.
2. Store and forward transfer. "Store and forward transfer" means the transmission
of a patient's records through a secure electronic system to a licensee.
3. Synchronous encounter. "Synchronous encounter" means a real-time interaction
conducted with interactive audio or video connection between a patient and a licensee or
between a licensee and another health care provider.
4. Telehealth services. "Telehealth services" means health care services delivered
through the use of information technology and includes synchronous encounters,
asynchronous encounters, store and forward transfers and telemonitoring.
5. Telemonitoring. "Telemonitoring" means the use of information technology to
remotely monitor a patient's health status via electronic means, allowing the licensee to Page 16 - 131LR0146(05)
track the patient's health data over time. Telemonitoring may be synchronous or
asynchronous.
§19602. Telehealth services permitted
A person licensed under this chapter may provide telehealth services as long as the
licensee acts within the scope of practice of the licensee's license, in accordance with any
requirements and restrictions imposed by this subchapter and in accordance with standards
of practice.
§19603. Confidentiality
When providing telehealth services, a licensee shall comply with all state and federal
confidentiality and privacy laws.
§19604. Professional responsibility
All laws and rules governing professional responsibility, unprofessional conduct and
generally accepted standards of practice that apply to a licensee also apply to that licensee
while providing telehealth services.
§19605. Rulemaking
The board shall adopt rules governing telehealth services by a person licensed under
this chapter in accordance with section 19204. These rules must establish standards of
practice and appropriate restrictions for the various types and forms of telehealth services.
SUBCHAPTER 7
PRACTICE STATUS CHANGES
§19701. Succession in practice
1. Optometrist taking over established practice. An optometrist taking over an
established practice shall clearly indicate that the new optometrist is responsible
individually for the practice, but the optometrist may use the term: "succeeded by,"
"successor to" or "succeeding" for a period not exceeding 2 years.
2. Written directive identifying successor licensee.
practice shall no later than 30 days prior to closure create and maintain a written directive
identifying a successor licensee who is willing to assume the responsibility of the licensee's
practice, to maintain continuity of treatment, to transfer medical information and to ensure
patient health and safety.
§19702. Closing practice
A licensee who is unwilling or unable to operate a practice pursuant to this chapter
shall notify the board as soon as practicable and in no event later than 30 days before closure
of the practice if there is no successor licensee.