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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 34-A. OPTOMETRISTS
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Title 32 - §2413. Standard of care
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 1: GENERAL PROVISIONS
§2413. Standard of care
An optometrist authorized to use pharmaceutical agents for use in the diagnosis, cure, treatment or prevention of ocular disease
shall be held to the same standard of care in diagnosis, use of such agents and treatment as that degree of skill and proficiency
commonly exercised by a medical practitioner in the same community.
[1987, c. 439, § 6 (new); c. 542, Pt. K, § § 6 and 20 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2415. Appointment; tenure; vacancies; removal
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 2: BOARD OF OPTOMETRY
§2415. Appointment; tenure; vacancies; removal
The State Board of Optometry, as established by Title 5, section 12004-A, subsection 28 and in this chapter called the "board,"
consists of 6 persons appointed by the Governor. Five of the appointees must have been resident optometrists engaged in the
actual practice of optometry in this State for a period of at least 5 years prior to their appointment and after the 1999
renewal they must hold advanced therapeutic licenses. 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 section 60. A member of the board may be removed from office for cause
by the Governor. The board has a common seal.
[1995, c. 606, §2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2416. Officers; compensation; meetings
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 2: BOARD OF OPTOMETRY
§2416. Officers; compensation; meetings
The board shall annually elect from its members a president and a secretary-treasurer. They each have authority, during their
term of office, to administer oaths and take affidavits as required by this chapter. The secretary-treasurer shall receive
all fees, charges and assessments payable to the board and account for and pay over the same according to law. The board shall
meet at least once in each year within the Capital area, and, in addition, whenever and wherever necessary to conduct the
business of the board. A majority of the board constitutes a quorum.
[1993, c. 600, Pt. A, §145 (amd).]
div>
The members of the board are each entitled to compensation according to the provisions of Title 5, chapter 379. In a year
in which the income of the board is not sufficient to pay members of the board, available funds must be prorated.
[1993, c. 600, Pt. A, §145 (amd).]
div>
The secretary-treasurer is responsible to keep a full record of the proceedings of the board, which must be open to public
inspection at all reasonable times.
[1993, c. 600, Pt. A, §145 (amd).]
div>
The board may employ clerical personnel, define their duties and fix their compensation, subject to the Civil Service Law.
[1999, c. 607, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2417. Standards; rules of board
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 2: BOARD OF OPTOMETRY
§2417. Standards; rules of board
1. Standards for licensure. The following are the requirements applicants must meet before licensure:
A. Be at least 18 years of age;
[1973, c. 788, §156 (new).]
B.
[1983, c. 378, §24 (rp).]
C. Be a graduate of a recognized school of optometry; and
[1993, c. 600, Pt. A, §146 (amd).]
D. Have succeeded in an examination as described in section 2422.
[1973, c. 788, §156 (new).]
Upon satisfying these requirements, an applicant may be licensed by the board.
[1993, c. 600, Pt. A, §146 (amd).]
2. Standards for renewal.
[1983, c. 378, §25 (rp).]
3. Standards for minimum eye examination. The following are the minimum standards for a competent professional eye examination:
A. A history of the patient's visual problems and care;
[1993, c. 600, Pt. A, §146 (amd).]
B. A test of the acuity of each eye, uncorrected and with best correction;
[1993, c. 600, Pt. A, §146 (amd).]
C. An examination for an abnormal condition or any significant characteristics of internal and external ocular tissues;
[1993, c. 600, Pt. A, §146 (amd).]
D. Advice for medical treatment or referral, or both;
[1987, c. 439, §7 (rpr); c. 542, Pt. K, §§7, 20 (rpr).]
E. Objective and subjective refraction of the eyes; and
[1993, c. 600, Pt. A, §146 (amd).]
F. A cover test or muscle balance tests, or both.
[1993, c. 600, Pt. A, §146 (amd).]
Each optometrist shall maintain a complete record of all eye examinations given. Each optometrist shall include in the examination
record the findings under paragraphs A through F, as well as any prescriptions or programs of corrective procedure. This information
for each patient must be available from the optometrist for a period of not less than 10 years.
[1993, c. 600, Pt. A, §146 (amd).]
4. Minimum prescription requirements. The following are the minimum requirements for optometric prescriptions.
A.
[1993, c. 600, Pt. A, §146 (rp).]
A-1. For ophthalmic lenses and contact lenses:
(1) The prescription must contain all the information necessary to be properly dispensed;
(2) The prescription must specify whether it is for contact lenses or ophthalmic lenses; and
(3) All prescriptions must include the name of the patient, date of prescription, name and office location of prescriber
and an expiration date.
[1993, c. 600, Pt. A, §146 (new).]
B.
[1993, c. 600, Pt. A, §146 (rp).]
C. All prescriptions must be reduced to writing and placed on file as provided in subsection 3.
[1993, c. 600, Pt. A, §146 (amd).]
D. For pharmaceutical agents all prescriptions must include:
(1) The patient's name;
(2) The date;
(3) The name, quantity and dosage of drugs;
(4) The number of refills;
(5) The name of the prescriber;
(6) The drug license number of the prescriber;
(7) A sequential number; and
(8) The prescriber's directions for usage.
Sale of pharmaceutical agents by an optometrist is prohibited.
[1993, c. 600, Pt. A, §146 (amd).]
[1993, c. 600, Pt. A, §146 (amd).]
4-A. Release of contact lens prescription. After contact lenses have been adequately fitted and the patient released from immediate follow-up care by the optometrist,
the patient may request a copy of the contact lens specifications from the optometrist. Upon patient request, the optometrist
shall provide a copy of the prescription, at no cost, which must contain the information necessary to properly duplicate the
current prescription. The contact lens prescription must contain an expiration date not to exceed 24 months from the date
of issue. The prescription may contain fitting guidelines and may also contain specific instructions for use by the patient.
The prescribing optometrist is not liable for an injury or condition to a patient that results from negligence in packaging,
manufacturing or dispensing lenses by anyone other than the prescribing optometrist.
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 Board of Commissioners of the Profession of Pharmacy pursuant to section 13751,
subsection 3-A 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 file of that prescription for a period of 5 years.
An individual, corporation or other entity, other than a mail order contact lens supplier, that improperly fills a contact
lens prescription or fills an expired prescription commits a civil violation for which a forfeiture of not less than $250
nor more than $1,000 may be adjudged.
An individual may file a complaint with the board seeking disciplinary action concerning violations of this subsection. The
board shall investigate or cause to be investigated and shall resolve a complaint in a timely fashion on its own motion or
upon receipt of a written complaint. The board shall conduct its actions in accordance with the Maine Administrative Procedure
Act.
[1997, c. 117, §1 (amd).]
5. Rules. The board shall, in accordance with the Maine Administrative Procedure Act, Title 5, sections 8051 to 8059, make reasonable
rules, not inconsistent with law, to govern the following:
A. The time, place and manner of conducting state board examinations in optometry and the manner and form in which applications
for examination must be filed;
[1993, c. 600, Pt. A, §146 (amd).]
B. The fees for registration and licensing under subchapter III; and
[1993, c. 600, Pt. A, §146 (amd).]
C. The conduct of the lawful practice of optometry in accordance with the standards established by this section.
[1973, c. 788, §16 (new).]
The board may make other reasonable rules, in accordance with Title 5, sections 8051 to 8059, as necessary for the proper
performance of its duties, including rules relating to false, deceptive and misleading advertising. Rules adopted relating
to such advertising may not be inconsistent with any rules adopted pursuant to Title 5, section 207, subsection 2.
[1993, c. 600, Pt. A, §146 (amd).]
6. Determination of the scope of the practice of optometry.
[1995, c. 606, §3 (rp); §11 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2418-A. Budget
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 2: BOARD OF OPTOMETRY
§2418-A. Budget
The board shall submit to the Commissioner of Professional and Financial Regulation its budgetary requirements as provided
in Title 5, section 1665, and the commissioner shall in turn transmit these requirements to the Bureau of the Budget without
any revision or other change, unless alterations are mutually agreed upon by the department and the board or the board's designee.
The budget submitted by the board to the commissioner must be sufficient to enable the board to comply with this subchapter.
[1995, c. 462, Pt. A, §59 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2418-B. Consumer information (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 2: BOARD OF OPTOMETRY
§2418-B. Consumer information (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2418. Reports; liaison; limitations
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 2: BOARD OF OPTOMETRY
§2418. Reports; liaison; limitations
On or before August 1st of each year, the board shall submit to the Commissioner of Professional and Financial Regulation,
for the preceding fiscal year ending June 30th, its annual report of its operations and financial position, together with
comments and recommendations the board considers essential.
[1993, c. 600, Pt. A, §147 (amd).]
div>
The commissioner shall act as a liaison between the board and the Governor.
[1977, c. 604, §22 (rpr).]
div>
The commissioner may not exercise or interfere with the exercise of discretionary, regulatory or licensing authority granted
by statute to the board. 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 the commissioner requires in order to ensure that the board is
operating administratively within the requirements of this chapter.
[1995, c. 462, Pt. A, §58 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2419-A. Licensure for use of therapeutic pharmaceutical agents (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 2: BOARD OF OPTOMETRY
§2419-A. Licensure for use of therapeutic pharmaceutical agents (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2419. Use of drugs (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 2: BOARD OF OPTOMETRY
§2419. Use of drugs (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2420. Notification to Maine Board of Pharmacy
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 2: BOARD OF OPTOMETRY
§2420. Notification to Maine Board of Pharmacy
Every year at the completion of the license renewal cycle, the board shall provide to the Maine Board of Pharmacy a current
listing of all licensees designating licensees who may prescribe pharmaceuticals pursuant to therapeutic or advanced therapeutic
licensure and the pharmaceuticals those licensees may prescribe.
[1997, c. 117, §2 (amd); c. 245, §19 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2421. Licensure required
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2421. Licensure required
1. 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.
[1993, c. 600, Pt. A, §152 (new).]
2. Penalty. An individual who practices optometry in violation of subsection 1 commits a Class E crime. The State may bring action
in Superior Court to enjoin an individual from violating subsection 1 regardless of whether proceedings have been or may be
instituted in District Court and regardless of the status of criminal proceedings.
[1993, c. 600, Pt. A, §152 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2422. Examination; fees; initial licensure
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2422. Examination; fees; initial licensure
Every individual before beginning the practice of optometry in this State must pass an examination before the board. The board
shall provide an opportunity for applicants to take the examination at least twice per year. At the discretion of the board,
the examination may consist of tests in basic sciences; in anatomy and physiology of the eye; pathology; practical, theoretical
and physiological optics; practical and theoretical optometry; clinical diagnosis and therapeutics; and other phases of optometric
knowledge and skill the board determines to be essential. The board shall require that a new applicant pass Parts I, II and
III of the National Board of Examiners in Optometry examination, including all sections of the Treatment and Management of
Ocular Diseases (TMOD) examination. An individual who has applied to be examined shall appear before the board at the time
and place the board designates and, before the examination, shall pay to the board a sum not in excess of $400 as established
by the board. All applicants successfully passing the examination must be licensed to practice optometry. The board may require
applicants who have failed to pass the licensure examination 3 times to enroll in a course of continuing education as prescribed
by the board.
[2003, c. 252, §1 (amd).]
1. Requirement. All applicants for a therapeutic or advanced therapeutic pharmaceutical license under this section shall submit proof of
compliance with the application requirements set forth in section 2430, subsections 1 and 3.
A.
[1995, c. 606, §6 (rp).]
B.
[1995, c. 606, §6 (rp).]
C.
[1995, c. 606, §6 (rp).]
[1995, c. 606, §6 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2423. Licensing
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2423. Licensing
1. Annual renewal. Every licensed optometrist practicing in the State shall pay annually, before the first day of April, to the board a license
renewal fee not in excess of $400 as established by the board under section 2417.
[2003, c. 252, §2 (amd).]
2. Nonactive license. Every licensed optometrist not practicing within the State must upon payment of an annual license renewal fee not in excess
of $400 as established by the board, be issued a nonactive license renewal. The fee is payable to the board before the first
day of April each year. Should a holder of a nonactive license desire to practice within the State, the licensee shall notify
the board in writing, and except as otherwise provided in this chapter, must then be issued an active license by the board.
[2003, c. 252, §3 (amd).]
3. Examination. Every optometrist holding a nonactive license for a period of 3 years or more who desires an active license shall submit
to a practical examination for professional and technical proficiency conducted by the board. If the applicant demonstrates
professional and technical proficiency in the examinations, the applicant may be issued an active license authorizing practice
in this State. The active license is renewed annually as provided in subsection 1.
[1993, c. 600, Pt. A, §154 (amd).]
4. Default. In case of default in payment of any license renewal fees by a licensed optometrist, the license expires. A license may
be renewed up to 60 days after the date of expiration upon payment of a late fee, established by the board in an amount not
to exceed the annual renewal fee, in addition to the renewal fee.
[1993, c. 600, Pt. A, §154 (amd).]
5. Military service; license to practice optometry. A resident of the State who is serving in the military service of the United States and is engaged in the practice of optometry
as defined in section 2411 is entitled to the issuance of an active license upon payment of the required annual renewal fee.
[1993, c. 600, Pt. A, §154 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2424. Reciprocity (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2424. Reciprocity (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2425. Display of license
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2425. Display of license
Every individual to whom a license is granted shall display the license in a conspicuous part of the office where the licensee
practices. An optometrist awarded credentials by the board in the use of diagnostic, therapeutic or advanced therapeutic pharmaceuticals
shall affix current documentation of these privileges to that optometrist's license as provided by the board upon annual
renewal.
[1997, c. 117, §4 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2426. Educational programs
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2426. Educational programs
All optometrists licensed in the State of Maine are required to take annual courses in subjects related to the practice of
the profession of optometry, to the end that the utilization and application of new techniques, scientific and technical advances,
the use of pharmaceutical agents and treatment of ocular diseases and the achievements of research will assure comprehensive
vision care to the public. The length of study is determined by the board, but in no event may the length be less than 15
hours nor exceed 30 hours in any calendar year. Optometrists authorized to use therapeutic pharmaceutical agents shall complete
at least 25 hours of Category 1 continuing education, approved by the American Optometric Association, the American Medical
Association, the American Academy of Ophthalmologists or the American Council on Pharmaceutical Education, of which 15 hours
must be in diagnosis and treatment of ocular disease. Attendance must be at a course or courses approved by the board and
certified to the board upon a form provided by the board and submitted by each optometrist at the time of application to the
board for license renewal accompanied by the annual renewal fee. The board shall notify all optometrists licensed in this
State of all courses approved by it at least 15 days prior to the offering of each course.
[1995, c. 606, §8 (amd).]
div>
The board may waive this continuing education requirement in cases of illness or undue hardship. If an applicant for license
renewal fails to comply with this continuing education provision and action has not been taken by the board to waive the requirements
because of the causes specified, then the board may not renew the license, except that in its discretion, it may renew the
license conditionally with the provision that within 6 months the applicant shall fulfill the requirements.
[1995, c. 606, §8 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2427. Diagnostic drug license (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2427. Diagnostic drug license (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2428. Therapeutic Pharmaceutical Monitoring Panel (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2428. Therapeutic Pharmaceutical Monitoring Panel (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2429. Consumer information (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2429. Consumer information (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2430-A. Treatment of glaucoma
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2430-A. Treatment of glaucoma
1. Consultation required. In order to be authorized to independently treat glaucoma, an advanced therapeutic licensee must provide evidence to the
board of written referrals and consultations with a physician in accordance with this section. For purposes of this section,
"physician" means a licensed physician specializing in diseases of the eye. The board shall form a glaucoma consultation
subcommittee comprised of 2 optometrists appointed by the board and 2 physicians appointed by the Board of Licensure in Medicine
to review evidence of consultations submitted pursuant to this section.
[1995, c. 606, §9 (new).]
2. Evidence of referrals. Except as provided in subsection 3, advanced therapeutic licensees must provide evidence of a total of 50 glaucoma related
referrals to, and consultations with, physicians according to the following criteria.
A. Twenty glaucoma related referrals may be evidenced by retrospective written referrals of patients suspected of having glaucoma
to physicians, with written confirmation of each diagnosis by the physician. The retrospective referrals must have occurred
between July 1, 1995 and the receipt of the advanced therapeutic license. If the optometrist can not provide evidence of
20 retrospective referrals and confirmations of diagnosis, the balance of the 20 referrals required must be satisfied by engaging
in consultations in accordance with the procedure set forth in paragraph B.
[1995, c. 606, §9 (new).]
B. Thirty glaucoma consultations must be conducted as follows:
(1) A new or existing glaucoma patient is examined and diagnosed by the optometrist;
(2) The optometrist develops a proposed treatment plan and forwards the plan with examination documentation to a physician
for consultation;
(3) The physician examines the patient and reviews the optometrist's examination documentation and proposed treatment plan;
and
(4) The physician, optometrist and patient mutually agree to and document a treatment plan.
[1995, c. 606, §9 (new).]
[1995, c. 606, §9 (new).]
3. Exception for new graduate. An advanced therapeutic licensee who was graduated from an accredited optometric institution within 2 years of applying
for the advanced therapeutic license must provide evidence of a total of 30 glaucoma-related consultations with physicians
in accordance with the procedure set forth in subsection 2, paragraph B. Recent graduates who have completed a one-year residency
program or its equivalent, as determined by the glaucoma consultation subcommittee, may petition the subcommittee to waive
the consultation requirement.
[1995, c. 606, §9 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2430. Use of therapeutic pharmaceutical agents
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 3: LICENSURE (HEADING: PL 1993, c. 600, Pt. A, @151 (rpr))
§2430. Use of therapeutic pharmaceutical agents
An optometrist may not use pharmaceutical agents, except diagnostic agents, unless licensed in accordance with this section.
[1995, c. 606, §9 (new).]
1. Therapeutic license. An optometrist may use topical therapeutic agents for any purpose associated with ocular conditions and diseases, except
for the treatment of glaucoma, if the optometrist has received a therapeutic license in accordance with the following requirements.
A. Licensure requires a review of credentials by the board including the successful completion of a transcript quality course
in general and ocular pharmacology. For the purposes of this section, "transcript quality course" means a course given by
a regional or professional accrediting organization approved by the Council on Post-secondary Accreditation of the United
States Department of Education and approved by the board. The board may not approve a course that does not include a minimum
of 100 hours of ocular therapeutics including at least 25 hours of supervised clinical training in the examination, diagnosis
and treatment of conditions of the eye and its adnexa. That course must include participation by an ophthalmologist.
[1995, c. 606, §9 (new).]
B. An applicant must be a graduate from an accredited optometric institution and successfully complete a graded written examination
administered by the board or the National Board of Examiners in Optometry, demonstrating competency in the use of therapeutic
pharmaceutical agents.
[1995, c. 606, §9 (new).]
Effective October 1, 1996, the board may not issue new therapeutic licenses.
[1995, c. 606, §9 (new).]
2. Oral therapeutic agents; use permitted. An optometrist who has received an advanced therapeutic license may use any topical therapeutic pharmaceutical agent, except
for the treatment of glaucoma unless the requirements of section 2430-A have been met, and any of the following types and
quantities of oral therapeutic pharmaceutical agents for any purpose associated with ocular conditions and diseases:
A. One 10-day supply of oral antibiotics;
[1995, c. 606, §9 (new).]
B. One 72-hour supply of oral antivirals with referral to a physician;
[1995, c. 606, §9 (new).]
C. One 72-hour supply of oral antihistamines;
[1995, c. 606, §9 (new).]
D. One 7-day supply of oral nonsteroidal antiinflammatories; and
[1995, c. 606, §9 (new).]
E. One 3-day supply of any analgesic identified in schedules III, IV and V as described in the United States Code, Title 21,
Section 812.
[1995, c. 606, §9 (new).]
[1995, c. 606, §9 (new).]
3. Requirements for advanced therapeutic license. Requirements for an advanced therapeutic license are as follows.
A. Optometrists without a therapeutic license must complete the following:
(1) Licensure requires a review of credentials by the board including the successful completion of a transcript quality
course in general and ocular pharmacology. For the purposes of this section, "transcript quality course" means a course given
by a regional or professional accrediting organization approved by the Council on Post-secondary Accreditation of the United
States Department of Education and approved by the board. The board may not approve a course that does not include a minimum
of 100 hours of ocular therapeutics including at least 25 hours of supervised clinical training in the examination, diagnosis
and treatment of conditions of the eye and its adnexa. That course must include participation by an ophthalmologist;
(2) An applicant must be a graduate from an accredited optometric institution and successfully complete a graded written
examination administered by the board or the National Board of Examiners in Optometry, demonstrating competency in the use
of therapeutic pharmaceutical agents; and
(3) Successful completion of a course of at least 25 hours devoted primarily to pharmacology and glaucoma, referred to in
this section as the "Lancaster Course," or its board-approved equivalent, and 3 additional hours of a board-approved course
in pharmacology dealing solely with antiglaucoma agents. The requirements of this subparagraph may be completed anytime after
the 2nd year of optometric study.
[1995, c. 606, §9 (new).]
B. Optometrists with a therapeutic license must meet the following requirements:
(1) Successful completion of the "Lancaster Course" or a board-approved equivalent course of at least 25 hours devoted primarily
to the study of pharmacology and glaucoma. The requirements of this subparagraph may be completed any time after the 2nd
year of optometric study;
(2) Successful completion of 3 didactic hours of a board-approved course in pharmacology dealing solely with antiglaucoma
agents; and
(3) Successful passage of the Treatment and Management of Ocular Diseases (TMOD) component of the National Board of Examiners
in Optometry examination on or after July 1, 1991.
[1995, c. 606, §9 (new).]
[1995, c. 606, §9 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2431-A. Disciplinary actions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 4: REVOCATION, REFUSAL OR SUSPENSION OF LICENSE (HEADING: PL 1993, c. 600, Pt. A, @159 (rpr))
§2431-A. Disciplinary actions
1. Disciplinary proceedings and sanctions. The board shall investigate a complaint, on its own motion or upon receipt of a written complaint filed with the board, regarding
noncompliance with or violation of this chapter or of rules adopted by the board.
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 complainant, if any.
If, in the opinion of the board, the factual basis of the complaint is or may be true, and the complaint is of sufficient
gravity to warrant further action, the board may request an informal conference with the licensee. The board shall provide
the licensee with adequate notice of the conference and of the issues to be discussed. The conference must be conducted in
executive session of the board, pursuant to Title 1, section 405, unless otherwise requested by the licensee. Statements made
at the conference may not be introduced at a subsequent formal hearing unless all parties consent.
If the board finds that the factual basis of the complaint is true and is of sufficient gravity to warrant further action,
it may take any of the following actions it determines appropriate:
A. With the consent of the licensee, enter into a consent agreement that fixes the period and terms of probation best adapted
to protect the public health and safety and to rehabilitate or educate the licensee. A consent agreement may be used to terminate
a complaint investigation, if entered into by the board, the licensee and the Attorney General's office;
[1993, c. 600, Pt. A, §160 (amd).]
B. In consideration for acceptance of a voluntary surrender of the license, negotiate stipulations, including terms and conditions
for reinstatement, that ensure protection of the public health and safety and that serve to rehabilitate or educate the licensee.
These stipulations may be set forth only in a consent agreement signed by the board, the licensee and the Attorney General's
office;
[1993, c. 600, Pt. A, §160 (amd).]
C. If the board concludes that modification or nonrenewal of the license is in order, the board shall hold an adjudicatory
hearing in accordance with the provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV;
or
[1993, c. 600, Pt. A, §160 (amd).]
D. If the board concludes that suspension or revocation of the license is in order, the board shall file a complaint in the
District Court in accordance with Title 4, chapter 5.
[1999, c. 547, Pt. B, §63 (amd); §80 (aff).]
[1999, c. 547, Pt. B, §63 (amd); §80 (aff).]
2. Grounds for discipline. The board may suspend or revoke a license pursuant to Title 5, section 10004. The following are grounds for an action to
refuse to issue, modify, suspend, revoke or refuse to renew the license of an optometrist licensed under this chapter:
A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within
the scope of the license issued;
[1983, c. 378, §30 (new).]
B. Habitual substance abuse that has resulted or is foreseeably likely to result in the licensee performing services in a manner
that endangers the health or safety of patients;
[1993, c. 600, Pt. A, §160 (amd).]
C. A professional diagnosis of a mental or physical condition that has resulted or is foreseeably likely to result in the licensee
performing services in a manner that endangers the health or safety of the patients;
[1993, c. 600, Pt. A, §160 (amd).]
D. Aiding or abetting the practice of optometry by an individual not licensed under this chapter who claims to be legally licensed;
[1993, c. 600, Pt. A, §160 (amd).]
E. Incompetence in the practice for which the optometrist is licensed. A licensee is considered incompetent in the practice
if the licensee has:
(1) Engaged in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client
or patient or the general public; or
(2) Engaged in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice
for which the optometrist is licensed;
[1993, c. 600, Pt. A, §160 (amd).]
F. Unprofessional conduct. A licensee is considered to have engaged in unprofessional conduct if the licensee violates a commonly
understood standard of professional behavior or board rule governing professional conduct;
[1993, c. 600, Pt. A, §160 (amd).]
G. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement or
that relates directly to the practice for which the licensee is licensed, or conviction of a crime for which incarceration
for one year or more may be imposed;
[1993, c. 600, Pt. A, §160 (amd).]
H. A violation of this chapter or a rule adopted by the board;
[1993, c. 600, Pt. A, §160 (amd).]
I. Engaging in false, misleading or deceptive advertising;
[1983, c. 378, §30 (new).]
J. Practicing in or on premises where materials other than those necessary to render optometric services are dispensed to the
public;
[1993, c. 600, Pt. A, §160 (amd).]
K. Practicing under a name other than that given in the license. Licensees practicing in association with other licensed optometrists
or physicians, as authorized by section 2434 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;
[1993, c. 600, Pt. A, §160 (amd).]
L. Representing one's self to the public as something other than an optometrist, for example, as an optician, eye physician
or by use of another designation that would tend to confuse the nature of one's licensed practice. The following titles are
considered lawful:
(1) John Doe, O.D., Optometrist;
(2) John Doe, O.D.;
(3) John Doe, Optometrist;
(4) Dr. John Doe, Optometrist; and
(5) Doctor John Doe, Optometrist;
[1993, c. 600, Pt. A, §160 (amd).]
M.
[1993, c. 600, Pt. A, §160 (rp).]
N. Maintaining more than three offices for the practice of optometry without the prior written approval of the board;
[1993, c. 600, Pt. A, §160 (amd).]
O. Failure to display a diagnostic or therapeutic drug license issued under section 2419-A or 2425; or
[1987, c. 439, §16 (amd); c. 542, Pt. K, §§16, 20 (amd).]
P. Splitting or dividing a fee with an individual not an associate in conformance with section 2434, or giving or accepting
a rebate from an optician or ophthalmic dispenser.
[1993, c. 600, Pt. A, §160 (amd).]
[1993, c. 600, Pt. A, §160 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2431. Revocation, refusal or suspension of certificate (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 4: REVOCATION, REFUSAL OR SUSPENSION OF LICENSE (HEADING: PL 1993, c. 600, Pt. A, @159 (rpr))
§2431. Revocation, refusal or suspension of certificate (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2432. General grounds (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 4: REVOCATION, REFUSAL OR SUSPENSION OF LICENSE (HEADING: PL 1993, c. 600, Pt. A, @159 (rpr))
§2432. General grounds (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2433. Unprofessional conduct (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 4: REVOCATION, REFUSAL OR SUSPENSION OF LICENSE (HEADING: PL 1993, c. 600, Pt. A, @159 (rpr))
§2433. Unprofessional conduct (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2434. Unauthorized associations
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 4: REVOCATION, REFUSAL OR SUSPENSION OF LICENSE (HEADING: PL 1993, c. 600, Pt. A, @159 (rpr))
§2434. Unauthorized associations
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 of another of the healing arts and sciences. The following are unauthorized associations subject
to the sanctions of section 2431-A:
[1993, c. 600, Pt. A, §161 (amd).]
1. Associations. Association for the joint practice of optometry with an individual, corporation or partnership not licensed to practice optometry
or another of the healing arts;
[1993, c. 600, Pt. A, §161 (amd).]
2. Aiding unauthorized practice. Assisting an unlicensed individual, corporation or partnership in the practice of optometry;
[1993, c. 600, Pt. A, §161 (amd).]
3. Loan of license. The lending, leasing or in any other manner placing of one's license at the disposal of or in the service of an individual
not licensed to practice optometry in this State;
[1993, c. 600, Pt. A, §161 (amd).]
4. Mercantile employment. The practice of optometry as a full or part-time employee of a mercantile establishment or directly or indirectly encouraging
one's optometric services to be promoted as part of a mercantile or commercial establishment. In this prohibition is included
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; and
[1993, c. 600, Pt. A, §161 (amd).]
5. Continuing unauthorized associations. The continuance of an optometrist directly or indirectly in the employ of or in association with an optometrist after knowledge
that the optometrist is engaged in the violation of the provisions of this chapter.
[1993, c. 600, Pt. A, §161 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2435. Corporate practice of optometry
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 4: REVOCATION, REFUSAL OR SUSPENSION OF LICENSE (HEADING: PL 1993, c. 600, Pt. A, @159 (rpr))
§2435. Corporate practice of optometry
A licensed optometrist, under this chapter, may not associate with an individual who is not a licensed optometrist nor 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.
[1993, c. 600, Pt. A, §162 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2436. Succession in practice
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 4: REVOCATION, REFUSAL OR SUSPENSION OF LICENSE (HEADING: PL 1993, c. 600, Pt. A, @159 (rpr))
§2436. Succession in 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.
[1993, c. 600, Pt. A, §163 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2441. Penalties (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 5: UNAUTHORIZED PRACTICE
§2441. Penalties (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2442. Fraudulent acts (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 5: UNAUTHORIZED PRACTICE
§2442. Fraudulent acts (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2443. Referrals by optical firms prohibited (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 5: UNAUTHORIZED PRACTICE
§2443. Referrals by optical firms prohibited (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2444. Public aid ocular services
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 5: UNAUTHORIZED PRACTICE
§2444. Public aid ocular services
All agencies, commissions, clinics and bureaus administering relief, public assistance, public welfare assistance, social
security, health insurance or health services under the laws of this State may accept the service of licensed optometrists
for a service covered by their licenses relating to individuals receiving benefits from those agencies or commissions and
must pay for the services in the same way as practitioners of other professions are paid for similar services. Government
agencies, or their agents, officials or employees, including the public schools, may not discriminate among licensed ocular
practitioners.
[1993, c. 600, Pt. A, §166 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2445. Solicitation (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 5: UNAUTHORIZED PRACTICE
§2445. Solicitation (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §2446. Drugs
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 34-A: OPTOMETRISTS
Subchapter 5: UNAUTHORIZED PRACTICE
§2446. Drugs
An optometrist who uses pharmaceutical agents without first having obtained the appropriate license under this chapter commits
a Class E crime.
[1995, c. 606, §10 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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