Vermont S 64: An act relating to presuit mediation of disputes related to access to landlocked property

Bill Text

No. 171 Page 1 of 13
2026

VT LEG #390264 v.1
No. 171. An act relating to amendments to the scope of practice for
optometrists.
(S.64)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 26 V.S.A. § 1703 is amended to read:
§ 1703. DEFINITIONS
As used in this chapter:
(1) “Board” means the State Board of Optometry.
(2)(A) The “practice of optometry” means any one or combination of
the following practices:
(A)(i) Examining the human eyes and visual system for purposes of:
(i)(I) diagnosing refractive and functional ability; or
(ii)(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.
(B)(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)(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)(II) prescribing and employing contact lenses; and

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VT LEG #390264 v.1
(iii)(III) administering visual training, vision therapy, orthoptics,
and pleoptics.
(C)(iii) Prescribing and administering appropriate therapeutic
pharmaceutical agents, as defined in this section, for the diagnosis,
management, and treatment of the eye and adnexa.
(D)(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.
(E)(v) Managing the following types of glaucoma in patients who are
16 years of age or older:
(i)(I) adult primary open angle glaucoma;
(ii)(II) exfoliative glaucoma;
(iii)(III) pigmentary glaucoma;
(iv)(IV) low tension glaucoma;
(v)(V) inflammatory (uveitic) glaucoma; and
(vi)(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;

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VT LEG #390264 v.1
(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

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VT LEG #390264 v.1
(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.
* * *
(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.

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VT LEG #390264 v.1
Sec. 1a. 26 V.S.A. § 1707 is amended to read:
§ 1707. QUALIFICATIONS; TERM OF OFFICE; REMOVAL
(a)