Sec. 1. 32 MRSA §2414 is enacted to read:

§2414.__Contract with optical shop or commercial or mercantile

establishment

1.__Contract requirements.__An optometrist may enter into a written contract for space in or on the premises of an optical shop or commercial or mercantile establishment as long as:

A.__The optical shop or commercial or mercantile establishment does not control or attempt to control the professional judgment of the optometrist;

B.__The optometrist maintains control of the optometrist's practice and the optometrist's records related to the practice;

C.__The office or offices to be used for the practice of optometry are private and equipped as required for a complete ocular examination; and

D.__Appropriate identification is visible to the public indicating the optometrist's name and phone number and that the optometrist is independent of the optical shop or commercial or mercantile establishment.

2.__Effect of rental or payment.__Rental or payment for space, equipment or services on a flat rate or percentage of gross revenue is lawful and may not be construed as fee splitting or the sharing or dividing of profit.

Sec. 2. 32 MRSA §2431-A, sub-§2, ¶¶J and K, as amended by PL 1993, c. 600, Pt. A, §160, are repealed.

Sec. 3. 32 MRSA §2434, sub-§4, as amended by PL 1993, c. 600, Pt. A, §161, is further amended to read:

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 This chapter does not prohibit the practice of optometry as a lessee of a in or on the premises of an optical shop or commercial or mercantile establishment involved in the selling of spectacles, frames, mounting, lenses or other optical devices under the terms of a written contract as authorized in section 2414; and