Regulations, Policies, and Guidelines Governing Optometrists
Regulations and policies
The Board’s regulations at 246 CMR implement the optometry statutes and cover licensure, renewal, CE, TPA and TPA+GC, conduct, and practice standards. Board policies and guidelines explain how the Board interprets those rules; they are not statutes, but they signal enforcement expectations and often reflect the standard of care. When a regulation and a policy conflict, the regulation controls. Licensees must also follow applicable DPL and Massachusetts requirements.
Practical compliance
Read the current regulation before relying on a summary. Keep policies, informed-consent forms, and records current. Advertising must be truthful and not misleading; “free” offers must disclose material conditions. Telehealth and remote prescribing must satisfy the same standard of care and documentation as in-person care, and prescribing without an appropriate examination can violate scope and conduct rules.
Worked example
An office advertises a “free comprehensive eye exam” but charges a mandatory “technology fee” at check-in. The total price is not free. The Board may treat the ad as deceptive because the material condition was not disclosed. The reasoning: the violation is the misleading representation, not the amount of the fee. The fix is clear disclosure in the advertisement.
Traps
Do not treat a Board guideline as optional if it states an enforcement position. Do not assume federal or another state’s rule preempts Massachusetts licensure requirements. Do not rely on an old regulation after a statutory change. Verify the current 246 CMR and Board notices before changing practice.