Conflict between 32 M.R.S.A. §2417(4) and 16 CFR Part 456, relating to eye prescriptions

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) RICHARD s. COHEN ATTORNEY GENERAL STATE OF MAINE .. DEPARTMENT OF THE ATTORNEY GENERAL Georges. Bournakel, O.D., Maine Board .of Optometry 168 East Avenue Lewiston, Maine 04240 Dear George: AUGUSTA, MAINE 04333 May 24, 1979 STEPHEN L. DIAMOND JOHN S. GLEASON JOHN M. R. PATERSON ROBERT J. STOLT DEPUTY ATTORNEYS GENERAL I have been asked to respond to your opinion request, a copy of which is attached hereto, regarding whether there is a conflict between 32 M.R.S.A. §2417(4) and 16 Code of Federal Regulations Part 456. You have stated that it appears to the Maine Board of Optometry that the above Federal Trade Commission Trade Regulation Rule requires an optometrist to issue a prescription immediately following an eye examination, which prescription may only include the dioptric power of spheres, cylinders and pnisms, axis of cylinders and posi- tion of base of prisms. You further note that under 32 M.R.S.A. §2417(4), an optometrist is required to include in a prescription far more than only the above items, and you have requested our opinion as to whether the Maine statute conflicts with the Federal Trade Commis- sion Rule. It is our opinion that: there is no conflict on this issue. 32 M.R.S.A. §2417(4) imposes upon optometrists in the State the following minimum requirements for ·optometric prescriptions: "A. For opthalmic lenses, other than contact lenses: (1) Dioptric power of spheres, cylinders and prisms, axis of cylinders and position of base of prisms; (2) Designation of pup~llary distance; (3) Type and form of lenses; (4) Description of type and placements of reading segments in multifocal lenses; (5) Placement of optical centers for distance-seeing and near-point seeing; (6) Name of patient, date of prescription and name and office location of prescriber. j B. -2- Fpr contact lenses: (1) Base curve, peripheral curve, immediate curve; (2) Power; (3) Size of lens;~ (4) Size of optical zone; (5) Thickness; (6) Edge shape; (7) Color; (8) . Form." There ·is nothing, however, in 16 Code of Federal Regulations Part ·456!/ that limits optometric prescriptions to inclusion of only dioptric power of spheres, cylinders and prisms, axis of cylinders and position of base of prisms. .In fact, 16 CFR §456 .1 specifically states in applicable part that, "[a]ll prescriptions shall include all the in- formation spec}fied by state law, if any." Thus, there is no conflict, and optometrists in this State must continue to follow the minimum requirements for optometric prescrip- tions imposed by the Maine Legislature, as set forth in 32 M.R.S.A. §2417(4). Very truly yours, ~~'P~ DAVID ROSEMAN Assistant Attorney General DR:jg cc: Thomas Joyce, Jr., O.D., President of the Board Norman Varnum, O.D., Secretary of the Board 1/ 16 CFR §456.1 - §456.9 deals with both advertising (defined in the regulations as "dissemination of information") and with providing opthalmic prescriptions. The advertising sections of the Trade Regulation Rule are not involved in this opinion.