LD 832
pg. 1
LD 832 Title Page An Act To Amend the Laws Regulating the Practice of Optometry Page 2 of 2
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LR 1918
Item 1

 
Be it enacted by the People of the State of Maine as follows:

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

 
§2414.__Contract with optical shop or other 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 other commercial or mercantile establishment if:

 
A.__The optical shop or other 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 other
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 A, §160, are repealed.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 other 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


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