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 A, §160, are repealed.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