ME Optometry Jurisprudence flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Maine optometry enabling statute

The Maine optometry practice act is codified in Title 32 of the Maine Revised Statutes, chapter 34. It establishes licensure, defines the practice of optometry, and authorizes Board rulemaking and discipline.

Board of Optometry composition

The Maine Board of Optometry includes licensed optometrist members and public members appointed by the Governor. The Board adopts rules, approves examinations, and acts on license applications and complaints.

Practice of optometry defined

Examining eyes for defects or abnormal conditions, prescribing lenses, prisms, and contact lenses, and performing diagnostic and therapeutic procedures authorized by statute and Board rule.

Unlicensed practice prohibition

A person may not practice optometry in Maine without a valid license. Practicing while unlicensed, suspended, or expired is unlawful and is itself a ground for Board discipline.

License display requirement

Maine requires licensees to make their license available for inspection, and to produce it on request of the Board or its agents. Failure to do so may support a disciplinary charge.

Board disciplinary authority

After notice and an opportunity for hearing, the Board may deny, suspend, revoke, or condition a license. The Board may also impose civil penalties and order restitution or additional training.

Misleading advertising prohibited

Board rules prohibit false, deceptive, or misleading advertising, including guarantees of results and offers of free examinations that conceal required charges or conditions.

Address change reporting

A licensee must notify the Board of a change in name or mailing address used for Board correspondence, so that renewal notices and disciplinary notices reach the licensee.

Therapeutic scope in Maine

Maine optometrists hold therapeutic licenses: they may diagnose and treat ocular disease, including anterior segment and adnexal conditions, within limits set by statute and Board rule.

Prescriptive authority limits

Optometrists may prescribe topical and oral medications for ocular conditions as authorized by Board rule. Agents outside the authorized list require referral to a physician.

Controlled substance prescribing

Optometrists may prescribe only scheduled drugs the Board specifically authorizes, and must comply with registration, reporting, and prescription monitoring requirements that apply to those agents.

In-office drug dispensing

Board rules govern dispensing and administering legend drugs in the office, including labeling, storage, recordkeeping, and documentation of the drug, quantity, and instructions in the patient record.

Surgical scope boundary

Optometrists do not perform intraocular surgery. Surgical scope is limited to procedures the Board expressly authorizes, such as removal of superficial foreign bodies from the eye.

Referral obligation

A condition beyond the optometrist's scope, or one that fails to respond to treatment, must be referred to an ophthalmologist or other appropriate physician, with the referral documented.

Prescription documentation

Each prescription must be supported in the record by the diagnosis and clinical findings, and must state drug name, strength, quantity, directions, and number of refills.

Scope defined by law

Scope of practice is set by statute and Board rule, not by individual training. Performing procedures outside statutory scope is unprofessional conduct even if the licensee is competent.

Initial licensure requirements

Applicants must graduate from an accredited optometry school, pass the national board examinations, pass the Maine jurisprudence examination, and satisfy the Board of good moral character.

Biennial renewal cycle

Maine optometry licenses renew on a two-year cycle. Renewal requires a completed application, the statutory fee, and evidence of required continuing education before the expiration date.

Expired license consequences

Practicing on an expired license is prohibited. Reinstatement after lapse may require late fees, a penalty, additional continuing education, or reexamination at the Board's discretion.

Continuing education requirement

Licensees must complete the continuing education hours the Board requires each renewal cycle, including any mandated subject areas, and must retain completion certificates for audit.

Approved CE sponsors

Continuing education credit is accepted only from Board-approved or nationally recognized sponsors. Courses from unapproved providers may be rejected on audit.

Inactive license status

The Board may grant inactive or retired status on its terms. Returning to active practice may require evidence of continuing education or reexamination before the license is restored.

Licensure by endorsement

An optometrist licensed in another state may seek Maine licensure by endorsement, which requires an active license, verification of credentials, and compliance with Maine examination and CE rules.

Jurisprudence examination

Maine requires applicants to pass an examination on Maine optometry law and Board rules. The examination tests the practice act, scope, licensure, and professional conduct requirements.

Grounds for discipline

Grounds include fraud in obtaining a license, incompetence, negligence, unprofessional conduct, practicing outside scope, and violating a Board order or consent agreement.

Patient record content

Records must be legible and contemporaneous, containing history, examination findings, diagnosis, treatment, prescriptions, informed consent, and follow-up instructions sufficient for another provider to continue care.

Record retention

Board rule sets the retention period for patient records. Records for minors are kept longer, and records must be produced to the patient or authorized representative on request.

Patient confidentiality

Patient information may be disclosed only with patient consent or as required by law, such as mandated reporting, court order, or a public health requirement.

Informed consent documentation

Before procedures and before prescribing drugs with significant risk, the optometrist must discuss risks, benefits, and alternatives and document that consent in the record.

Disciplinary hearing process

A complaint is investigated, charges are issued, and a hearing is held before the Board. Sanctions range from reprimand and fine to suspension, revocation, or conditional licensure.

Impaired practice provisions

Board rules address impairment from substance abuse or illness through evaluation, monitoring, and conditional licensure, allowing treatment while protecting patients from unsafe practice.

Duty to cooperate

A licensee must respond to Board inquiries and cooperate with investigations. Failing to answer Board requests is itself a separate ground for discipline.