| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 32 MRSA §2414 is enacted to read: |
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| §2414.__Contract with optical shop or other commercial or |
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| | 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: |
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| A.__The optical shop or other commercial or mercantile | establishment does not control or attempt to control the | professional judgment of the optometrist; |
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| B.__The optometrist maintains control of the optometrist's | practice and the optometrist's records related to the | practice; |
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| 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 |
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| 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. |
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| | 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. |
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| | Sec. 2. 32 MRSA §2431-A, sub-§2, ¶¶J and K, as amended by PL 1993, c. | 600, Pt. A, §160, are repealed. |
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| | Sec. 3. 32 MRSA §2434, sub-§4, as amended by PL 1993, c. 600, Pt. A, | §161, is further amended to read: |
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| | 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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