§ 5-35.1-9 - Acts constituting unlawful practice of optometry.
SECTION 5-35.1-9
§ 5-35.1-9 Acts constituting unlawfulpractice of optometry. – No optometrist licensed by and practicing in this state may:
(1) use or occupy space for that practice under any oral orwritten lease, contract, arrangement or understanding with anyone (other thanwith another optometrist licensed by, and practicing in this state) by whichthe rent paid by that licensed optometrist for that use or occupancy or anyelement of the expense of practicing his or her profession varies according tohis or her gross receipts, net profit, taxable income, numeral volume of thepatients examined by that licensed optometrist or any combination;
(2) use or occupy space for that practice in any buildingwhere more than fifty percent (50%) of the remaining space is used or occupiedby tenants or a tenant of that building or the owner of that building and thosetenants, tenant, or owner is engaged in the business of selling merchandise tothe general public, if those tenants, tenant, or owner:
(i) uses, or occupies that space under any oral or writtenlease, contract, arrangement, or understanding with anyone by which the rentpaid by those tenants or tenant for that use or occupancy or any element in thecost of doing business varies according to the gross receipts, net profit,taxable income, numerical volume of sales or customers of those tenants ortenant or any combination; or
(ii) no optometrist licensed by and practicing in this stateadvertises by written or spoken words of a character tending to deceive ormislead the public;
(3) practice his or her profession under any oral or writtencontract, arrangement or understanding where anyone, not licensed to practiceoptometry practicing in this state shares, directly or indirectly, in any feesreceived by that licensed optometrist.