The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 030: Optometry

• Subchapter 001: General Provisions

• § 1701. Legislative findings

  The Legislature finds and declares that the public health, safety, and welfare of the State of Vermont requires the exercise of the authority of this State to safeguard the people of Vermont and further that the right to practice optometry is a privilege conferred by legislative grant to persons possessed of personal and professional qualifications. (Added 1979, No. 158 (Adj. Sess.), § 1.)

• § 1702. Short title

  This chapter shall be known and may be cited as the “Vermont Optometry Practice Act.” (Added 1979, No. 158 (Adj. Sess.), § 1.)

• § 1703. Definitions

  As used in this chapter:

  (1) “Board” means the State Board of Optometry.

  [Subdivision (2) effective until July 1, 2028; see also subdivision (2) effective July 1, 2028, set out below.]

  (2) The “practice of optometry” means any one or combination of the following practices:

  (A) Examining the human eyes and visual system for purposes of:

  (i) diagnosing refractive and functional ability; or

  (ii) diagnosing the presence of eye and adnexa disease or injury, treating the disease or injury with the appropriate pharmaceutical agents and procedures in accordance with this chapter, and making referrals to the appropriate health care provider when warranted.

  (B) Diagnosing and correcting anomalies of the refractive and functional ability of the visual system and the enhancement of visual performance including the following:

  (i) prescribing and using ophthalmic lenses, prisms, autorefractor or other automatic testing devices, frames, ophthalmic aids, and prosthetic materials as consistent with the health of the eye;

  (ii) prescribing and employing contact lenses; and

  (iii) administering visual training, vision therapy, orthoptics, and pleoptics.

  (C) Prescribing appropriate pharmaceutical agents for the diagnosis, management, and treatment of the eye and adnexa.

  (D) Removing superficial foreign bodies from the eye and adnexa; epilating the eyelashes, including by electrolysis; and punctal dilation, lacrimal irrigation, and punctal plugs insertion.

  (E) Managing the following types of glaucoma in patients who are 16 years of age or older:

  (i) adult primary open angle glaucoma;

  (ii) exfoliative glaucoma;

  (iii) pigmentary glaucoma;

  (iv) low tension glaucoma;

  (v) inflammatory (uveitic) glaucoma; and

  (vi) emergency treatment of angle closure glaucoma.

  [Subdivision (2) effective July 1, 2028; see also subdivision (2) effective until July 1, 2028, set out above.]

  (2)(A) The “practice of optometry” means any one or combination of the following practices:

  (i) Examining the human eyes and visual system for purposes of:

  (I) diagnosing refractive and functional ability; or

  (II) diagnosing the presence of eye and adnexa disease or injury, treating the disease or injury with the appropriate therapeutic pharmaceutical agents and procedures in accordance with this chapter, and making referrals to the appropriate health care provider when warranted.

  (ii) Diagnosing and correcting anomalies of the refractive and functional ability of the visual system and the enhancement of visual performance including the following:

  (I) prescribing and using ophthalmic lenses, prisms, autorefractor or other automatic testing devices, frames, ophthalmic aids, and prosthetic materials as consistent with the health of the eye;

  (II) prescribing and employing contact lenses; and

  (III) administering visual training, vision therapy, orthoptics, and pleoptics.

  (iii) Prescribing and administering appropriate therapeutic pharmaceutical agents, as defined in this section, for the diagnosis, management, and treatment of the eye and adnexa.

  (iv) Removing superficial foreign bodies from the eye and adnexa; epilating the eyelashes, including by electrolysis; and punctal dilation, lacrimal irrigation, and punctal plugs insertion.

  (v) Managing the following types of glaucoma in patients who are 16 years of age or older:

  (I) adult primary open angle glaucoma;

  (II) exfoliative glaucoma;

  (III) pigmentary glaucoma;

  (IV) low tension glaucoma;

  (V) inflammatory (uveitic) glaucoma; and

  (VI) emergency treatment of angle closure glaucoma.

  (vi) For an optometrist holding an advanced therapeutic procedures specialty issued pursuant to subchapter 5 of this chapter, performing the following advanced therapeutic procedures:

  (I) surgery to remove lesions from the eye and adnexa and the accompanied restoration of tissue, including only the following:

  (aa) excision and repair of nonrecurrent chalazia;

  (bb) excision and biopsy of nonrecurrent lesions of the adnexa without characteristics or obvious signs of malignancy, excluding any lesion involving the eyelid margin, involving the lacrimal supply or drainage systems, deeper than the orbicularis muscle, or larger than five millimeters in diameter;

  (cc) closure of wounds resulting from removal of a lesion;

  (dd) repair of an eyelid laceration not larger than 2.5 centimeters, not deeper than the orbicularis muscle and not involving the eyelid margin or lacrimal drainage structures; and

  (ee) corneal crosslinking;

  (II) the following laser procedures:

  (aa) laser capsulotomy;

  (bb) laser peripheral iridotomy; and

  (cc) laser trabeculoplasty; and

  (III) the following injections:

  (aa) injections of therapeutic pharmaceutical agents into the eyelid or its adnexa, including into the subconjunctival space, and including injections for the removal of chalazia and injections to administer local anesthesia;

  (bb) injections to perform fluorescein angiography;

  (cc) injections of epinephrine for treatment of anaphylactic shock; and

  (dd) if authorized by the Commissioner of Health during a public health emergency, vaccinations for systemic health reasons.

  (B) The practice of optometry does not include performing any of the practices set forth in section 1720 of this chapter.

  (3) “Director” means the Director of the Office of Professional Regulation.

  (4) “Financial interest” means being:

  (A) a licensed practitioner of optometry; or

  (B) a person who deals in goods and services that are uniquely related to the practice of optometry; or

  (C) a person who has invested anything of value in a business that provides optometric services.

  (5) “Contact lenses” means those lenses that are worn for cosmetic, therapeutic, or refractive purposes.

  [Subdivisions (6)-(7) effective July 1, 2028.]

  (6) “Adverse event” means any untoward incident, therapeutic misadventure, iatrogenic injury, or other undesirable outcome directly associated with care or services provided by a health care provider or a health care facility, as those terms are defined in 18 V.S.A. § 9402.

  (7)(A) “Therapeutic pharmaceutical agent” means any prescription or nonprescription drug used or prescribed for the diagnosis, prevention, treatment, or mitigation of abnormal conditions and pathology of the human eye or its adnexa.

  (B) “Therapeutic pharmaceutical agent” does not include:

  (i) any drug or other substance that must be administered by intraocular injection or intraocular implementation, except as authorized by subdivision (2)(A)(vi)(III) of this section for an optometrist holding an advanced therapeutic procedures specialty issued pursuant to subchapter 5 of this chapter; or

  (ii) any drug or other substance that is prohibited under subsection 1720(b) of this chapter. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 1; 2003, No. 108 (Adj. Sess.), § 1; 2009, No. 35, § 27; 2009, No. 103 (Adj. Sess.), § 11; 2011, No. 116 (Adj. Sess.), § 23; 2019, No. 30, § 12; 2025, No. 171 (Adj. Sess.), § 1, eff. July 1, 2028.)

• § 1704. Penalties

  A person who obtains a license by fraud or misrepresentation or who practices or attempts to practice optometry or hold himself or herself out as being able to do so in this State without first having obtained the license required by this chapter shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 2007, No. 29, § 29; 2019, No. 30, § 12.)

• § 1705. Expiration date [Recodified effective July 1, 2028]

  (a) An optometrist shall state the expiration date on the face of every prescription written by that optometrist for contact lenses. The expiration date shall be one year after the examination date unless a medical or refractive problem affecting vision requires an earlier expiration date.

  (b) An optometrist shall not refuse to give the buyer a copy of the buyer’s prescription after the expiration date; however, the copy shall be clearly marked to indicate that it is an expired prescription. (Added 1993, No. 108 (Adj. Sess.), § 9; amended 2011, No. 116 (Adj. Sess.), § 25; 2019, No. 30, § 12; recodified 2025, No. 171 (Adj. Sess.), § 5, eff. July 1, 2028.)

• Subchapter 002: State Board of Optometry

• § 1707. Qualifications; term of office; removal

  (a) The State Board of Optometry is created.

  [Subsection (b) effective until July 1, 2028; see also subsection (b) effective July 1, 2028, set out below.]

  (b) The Board shall consist of five members, three of whom shall be residents of the State who have had at least five years’ experience in the practice of optometry in the State and are in the active practice of optometry at the time of their appointment; and two members who shall be representatives of the public, who shall be residents of the State for five years, and who shall have no financial interest in the profession other than as a consumer or potential consumer of its services.

  [Subsection (b) effective July 1, 2028; see also subsection (b) effective until July 1, 2028, set out above.]

  (b)(1) The Board shall consist of seven members, four of whom shall be residents of the State who have had at least five years’ experience in the practice of optometry in the State and are in the active practice of optometry at the time of their appointment; one member who shall be a resident of the State who has at least five years’ experience in the practice of ophthalmology and is in the active practice of ophthalmology at the time of appointment; and two members who shall be representatives of the public, who shall be residents of the State for five years, and who shall have no financial interest in the profession other than as a consumer or potential consumer of its services.

  (2) Beginning on January 1, 2031, at least one of the optometrist members of the Board shall hold an advanced therapeutic procedures specialty issued pursuant to subchapter 5 of this chapter.

  (c) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.

  (d) [Repealed.] (Added 1979, No. 158 (Adj. Sess.), § 1; amended 2005, No. 27, § 46; 2019, No. 30, § 12; 2025, No. 171 (Adj. Sess.), § 1a, eff. July 1, 2028.)

• § 1708. Powers and duties

  (a) The Board shall:

  (1) Adopt rules under the Vermont Administrative Procedure Act necessary for the performance of its duties, ensuring that at least the following are established by statute or rule:

  (A) a definition of the behavior for which a license is required;

  (B) explanations of appeal and other significant rights given by law to licensees, applicants, and the public; and

  (C) standards for acceptance of continuing education, which may identify mandatory content specific to pharmacology, and management of adverse drug reactions.

  (b) [Repealed.]

  (c) The Board shall not limit the:

  (1) ownership of optometric practices to licensed optometrists;

  (2) number of offices or sites at which an optometrist may practice; or

  (3) right of optometrists to practice in an association, partnership, corporation, or other lawful entity with anyone. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 4(d); 2009, No. 35, § 28; 2019, No. 30, § 12.)

• § 1709. Functioning of Board of Optometry

  (a) Annually, the Board shall meet to elect a chair, vice chair, and a secretary.

  (b) Meetings may be called by the Chair and shall be called upon the request of any other two members.

  (c) Meetings shall be warned and conducted in accordance with 1 V.S.A. chapter 5.

  (d) A majority of the members of a Board shall constitute a quorum for transacting business, and all action shall be taken upon a majority vote of the members present and voting.

  (e) [Repealed.]

  (f) [Repealed.] (Added 1979, No. 158 (Adj. Sess.), § 1; amended 2005, No. 27, § 47; 2009, No. 35, § 41.)

• § 1710. Repealed. 1983, No. 242 (Adj. Sess.), § 3.

• Subchapter 003: Examinations and Licenses

• § 1712. License required

  (a) No person may practice optometry in this State who is not licensed under this chapter.

  (b) Licensing standards and procedures established by the Board shall be fair and reasonable and shall be designed and implemented to measure and reasonably ensure an applicant’s qualifications to practice the occupation. They shall not be designed or implemented for the purpose of limiting the size of the occupation.

  (c) If a licensee has a principal place of business for a licensed occupation, a license shall be prominently displayed at that place.

  (d) Licenses may not be transferred.

  (e) No persons may use the title “doctor of optometry,” “optometrist,” or any substantially equivalent title unless he or she is licensed under this chapter.

  (f) Nothing contained in subsection (a) of this section shall prevent a student from providing optometric services:

  (1) under the on-site supervision of a licensed optometrist or ophthalmologist at a State hospital;

  (2) as part of an optometric clinical program under the on-site supervision of a licensed optometry instructor of a school of optometry, a college, or an optometry department of a university recognized by the Board; or

  (3) as a student intern in a hospital under the on-site supervision of a licensed optometrist or ophthalmologist. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1991, No. 167 (Adj. Sess.), § 34a; 2005, No. 148 (Adj. Sess.), § 14.)

• § 1713. Exemptions

  (a) Nothing in this chapter shall be construed to prohibit other licensed health care professionals from practicing to the full extent of their licenses, nor to apply to any eye screening, State or government eye testing programs, nor to any instruction in any medical, osteopathic, or nursing school.

  (b) Nothing in this chapter shall prohibit persons or corporations from making mechanical repairs to spectacles, nor shall it prohibit any person, firm, or corporation engaged in grinding lenses and filling prescriptions from replacing lenses or filling prescriptions issued by a duly licensed optometrist or physician. (Added 1979, No. 158 (Adj. Sess.), § 1.)

• § 1714. Repealed. 2009, No. 35, § 41(a).

• § 1715. Licensure by examination

  (a) The Board may grant a license to an applicant who:

  (1) has attained the age of majority;

  (2) is a graduate of an optometric school or college accredited by a regional or professional accreditation organization approved by the Board;

  (3) holds a current cardiopulmonary resuscitation certification from the American Red Cross, the Vermont Heart Association, or a comparable source recognized by the Director;

  (4) has successfully completed an examination approved by the Board; and

  (5) has paid the fee required by section 1718 of this chapter.

  (b) [Repealed.] (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 4; 2009, No. 35, § 29; 2019, No. 30, § 12.)

• § 1716. Licensure by endorsement

  The Board may issue a license to an applicant who is licensed and currently in good standing in a United States jurisdiction having license requirements that are substantially equivalent to the requirements of this chapter. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1997, No. 40, § 23; 2009, No. 35, § 30.)

• § 1716a. Renewal [Effective until July 1, 2028; see also § 1716a effective July 1, 2028, set out below]

  Licenses shall be renewed every two years upon payment of the required fee, provided that the person applying for renewal completes at least 40 hours of continuing education, approved by the Board, during the preceding two-year period and holds a current cardiopulmonary resuscitation certification. (Added 1987, No. 236 (Adj. Sess.), § 2; amended 1993, No. 216 (Adj. Sess.), § 1; 2009, No. 35, § 31; 2019, No. 30, § 12; 2025, No. 171 (Adj. Sess.), § 2, eff. July 1, 2028.)

• § 1716a. Renewal [Effective July 1, 2028; see also § 1716a effective until July 1, 2028, set out above]

  (a) Licenses shall be renewed every two years upon payment of the required fee, provided that the person applying for renewal completes at least 40 hours of continuing education, approved by the Board, during the preceding two-year period and holds a current cardiopulmonary resuscitation certification.

  (b) Licensees holding an advanced therapeutic procedures specialty pursuant to subchapter 5 of this chapter shall, during each two-year licensure period, complete an additional five hours of continuing education, approved by the Board, in the advanced procedures. (Added 1987, No. 236 (Adj. Sess.), § 2; amended 1993, No. 216 (Adj. Sess.), § 1; 2009, No. 35, § 31; 2019, No. 30, § 12; 2025, No. 171 (Adj. Sess.), § 2, eff. July 1, 2028.)

• § 1717. Repealed. 1983, No. 242 (Adj. Sess.), § 5.

• § 1718. Fees

  Applicants and persons regulated under this chapter shall pay the following fees:

  (1)	Application	$325.00
  (2)	Biennial renewal	$395.00

  (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), § 6; 1989, No. 250 (Adj. Sess.), § 46; 1997, No. 59, § 56, eff. June 30, 1997; 2005, No. 202 (Adj. Sess.), § 15; 2013, No. 191 (Adj. Sess.), § 17; 2019, No. 178 (Adj. Sess.), § 9, eff. Oct. 1, 2020; 2023, No. 77, § 28, eff. June 20, 2023.)

• Subchapter 004: Unprofessional Conduct and Discipline

• § 1719. Unprofessional conduct

  (a) Unprofessional conduct is the conduct prohibited by this section and by 3 V.S.A. § 129a, whether committed by a licensee, an applicant, or a person who later becomes an applicant.

  (b) Unprofessional conduct means:

  (1) Conduct that evidences moral unfitness to practice the occupation.

  (2) Any of the following except when reasonably undertaken in an emergency situation in order to protect life, health, or property:

  (A) Practicing or offering to practice beyond the scope permitted by law.

  (B) Performing treatments or providing services that a licensee is not qualified to perform or that are beyond the scope of the licensee’s education, training, capabilities, experience, or scope of practice.

  (C) Performing occupational services that have not been authorized by the consumer or his or her legal representative.

  (3) Any of the following with regard to the buyer's prescription or purchase of ophthalmic goods:

  (A) [Repealed.]

  (B) Conditioning the availability of an eye examination to any person on a requirement that person agree to purchase any ophthalmic goods from the optometrists.

  (C) Charging the buyer any fee in addition to the optometrist's examination fee as a condition to releasing the prescription to the buyer. Provided, an optometrist may charge an additional fee for verifying ophthalmic goods dispensed by another seller when the additional fee is imposed at the time the verification is performed.

  (D) Placing on the prescription or requiring the buyer to sign, or delivering to the buyer a form or notice waiving or disclaiming the liability or responsibility of the optometrist for the accuracy of the eye examination or the accuracy of the prescription for ophthalmic goods or services to be dispensed by another seller.

  (E) Failure to comply with prescription-released requirements established in the Federal Ophthalmic Practice Rule (16 C.F.R. Part 456) or the Fairness to Contact Lens Consumers Act (15 U.S.C.A. § 7601-7610).

  (c) After hearing, the Board may take disciplinary action against a licensee or applicant found guilty of unprofessional conduct. (Added 1979, No. 158 (Adj. Sess.), § 1; amended 1983, No. 242 (Adj. Sess.), §§ 7-9; 1993, No. 108 (Adj. Sess.), § 8; 1997, No. 145 (Adj. Sess.), § 41; 2003, No. 108 (Adj. Sess.), § 2; 2009, No. 103 (Adj. Sess.), § 12; 2011, No. 116 (Adj. Sess.), § 24; 2019, No. 30, § 12.)

• § 1720. Repealed. 1989, No. 250 (Adj. Sess.), § 92 [Effective until July 1, 2028; see also § 1720 effective July 1, 2028 set out below]

• § 1720. Prohibited practices [Effective July 1, 2028]

  (a) An optometrist shall not perform any ophthalmic surgeries, with or without the use of lasers, or injection procedures, other than those set forth in subdivision 1703(2)(A)(vi) of this chapter. This prohibition includes the following procedures, which an optometrist is prohibited from performing:

  (1) retinal laser procedures, laser-assisted in situ keratomileusis (LASIK), photorefractive keratectomy, laser epithelial keratomileusis, or any forms of refractive surgery;

  (2) penetrating keratoplasty, corneal transplant, or lamellar keratoplasty;

  (3) the administration of general anesthesia;

  (4) surgery done with general anesthesia;

  (5) laser or nonlaser injection in the posterior or vitreous chamber of the eye to treat any macular or retinal disease;

  (6) surgery related to removal of the eye or adnexa, including the eyeball, from a living human being;

  (7) surgery requiring full-thickness incision or excision of the cornea or sclera other than paracentesis in an emergency situation requiring immediate reduction of the pressure inside the eye;

  (8) surgery requiring incision of the iris and ciliary body, including iris diathermy or cryotherapy;

  (9) surgery requiring the incision or removal of the vitreous;

  (10) surgery requiring incision of the retina;

  (11) surgical extraction of the crystalline lens;

  (12) surgical intraocular lens implants;

  (13) incisional or excisional surgery of the extraocular muscles;

  (14) surgery of the eyelid for suspected malignancies, for cosmetic purposes, or for cosmetic or mechanical repair of blepharochalasis, ptosis, and tarsorrhaphy;

  (15) surgery for the removal of lesions involving the eyelid margin, lacrimal supply, or drainage systems;

  (16) repair of an eyelid laceration larger than 2.5 centimeters, deeper than the orbicularis muscle, or involving the eyelid margin or lacrimal drainage structures;

  (17) surgery of the bony orbit, including orbital implants;

  (18) incisional or excisional surgery of the lacrimal system other than probing or related procedures;

  (19) surgery requiring full-thickness conjunctivoplasty with graft or flap;

  (20) pterygium surgery;

  (21) ionizing radiation;

  (22) intraocular injections penetrating the globe; and

  (23) retrobulbar or intraorbital injections.

  (b)(1) An optometrist shall not prescribe or administer a drug or other substance that is listed as a Schedule I or II controlled substance pursuant to the federal Controlled Substances Act, 21 U.S.C. § 801 et seq., as amended, except as set forth in subdivision (2) of this subsection.

  (2) Notwithstanding subdivision (1) of this subsection, an optometrist may prescribe or administer hydrocodone in combination with analgesics, provided that an optometrist shall not prescribe more than a 72-hour supply of hydrocodone and shall not provide any refills of the prescription. (Added 2025, No. 171 (Adj. Sess.), § 3, eff. July 1, 2028.)

• § 1721. Repealed. 2009, No. 35, § 41(a).

• Subchapter 006: Therapeutic Pharmaceutical Agents

• § 1728. Use of therapeutic pharmaceutical agents

  (a)(1) A licensee who employs an oral therapeutic pharmaceutical agent that might prove to have significant systemic adverse reactions or systemic side effects shall, in a manner consistent with Vermont law, ascertain the risk of systemic side effects through either a case history or by communicating with the patient’s primary care provider.

  (2) The licensee shall also communicate with the patient’s primary care provider, or with a physician skilled in diseases of the eye, when, in the professional judgment of the licensee, it is medically appropriate.

  (3) Any communication shall be noted in the patient’s permanent record. The methodology of communication shall be determined by the licensee.

  (b)(1) If a glaucoma patient does not respond to up to three topically administered pharmaceutical agents within a reasonable time, the licensee shall refer the patient to a licensed ophthalmologist.

  (2) A glaucoma patient shall not be treated by an optometrist with more than three topically administered agents at any given time.

  (3) If an oral medication is required to obtain an adequate clinical response in a glaucoma patient, the licensee shall consult with a licensed ophthalmologist as soon as clinically prudent following initiation of the oral medication.

  (4) This subsection shall not require that the licensee transfer care of the patient to the consulting ophthalmologist, but does require that the patient be seen by the consulting ophthalmologist. (Added 1993, No. 216 (Adj. Sess.), § 3; amended 2003, No. 108 (Adj. Sess.), § 5; 2009, No. 103 (Adj. Sess.), § 13; 2019, No. 30, § 12.)

• § 1728a. Repealed. 2019, No. 30, § 12.

• § 1728b. Repealed. 2005, No. 71, § 72b.

• §§ 1728c-1729a. Repealed. 2019, No. 30, § 12.