SECTION 505:10-5-15. Employment relationships of optometrists, including Professional Entities

  Oklahoma law prohibits some employment relationships while permitting others. The Board of Examiners in Optometry recognizes the following employment arrangements to be legal, and undertakes actions as set out herein to facilitate the lawful practice of optometry in Oklahoma. In doing so, the board recognizes, and each licensed optometrist must also recognize, that the provisions of Oklahoma law which impose obligations or prohibitions on the practice of optometry apply to all licensed optometrists, whatever their employment relationships, including practice of optometry as a sole proprietor of an optometric office.

(1)   Pursuant to the Oklahoma Professional Entity Act, 18 O.S. § et seq. (The Act), it is lawful for a licensed optometrist to practice optometry or "related professional services" as an employee of a professional entity, as defined by that Act. Pursuant to the Act, licensed optometrists may practice optometry through a professional entity, or they may practice optometry in conjunction with practitioners of certain other healing arts, including but not limited to, medical doctors and doctors of osteopathy, in a professional entity. In order to facilitate the practice of optometry by licensed optometrists in professional entities, the Board shall perform the following functions and impose the following requirements upon its licensees.

(A)   Upon request by a licensed optometrist, and upon receipt of the affidavit and assurances required by subsection A(2) of this Rule, the Board of Examiners shall issue a certificate pursuant to 18 O. S. §804(2) that the licensed optometrist who proposes to become an owner or manager of a professional entity is duly licensed in accordance with the provisions of the Oklahoma Optometry Act, 59 O.S. §581 et seq.

(B)   As a part of any application for a certificate pursuant to 18 O.S. 804(2) as a condition of becoming an owner or manager of a professional entity, a licensed optometrist shall provide a sworn affidavit, in a form acceptable to the Board of Examiners in Optometry, reciting the names and addresses of the prospective owners and managers and containing the following assurances:

(i)   The applicant optometrist recognizes that the practice of optometry as an owner or manager or a professional entity does not exempt him or her from any obligation or prohibition otherwise imposed by law. The applicant optometrist recognizes that no professional entity may do any act which is prohibited to be done by individual persons licensed to practice optometry (18 O.S. §814). Further, the licensed optometrist recognizes that the authority of the Board of Examiners in Optometry is in no way limited or restricted by virtue of the fact that an optometrist practices as an owner, manager, or employee of a professional entity (18 O.S. §813).

(ii)   The applicant optometrist promises to abide by all requirements of Oklahoma law regarding optometric practice, and to ensure that all of his or her employees who are licensed optometrists shall also abide by all such requirements of law. The applicant optometrist must report to the Board of Examiners any licensed optometrist who is an employee of the professional entity who violates any provision of Oklahoma law regarding optometric practice.

(iii)   Any applicant optometrist must assure the Board that he or she understands that practice of optometry through a professional entity does not waive Oklahoma statutory law, or the Board's rules, which prohibit, among other things;

(I)   acceptance of employment, either directly or indirectly, by a licensed optometrist from an unlicensed optometrist or any person engaged in any profession or business except the lawful practice of optometry through a professional entity (59 O.S. §585) or an employee of a licensed optometrist or medical doctor as permitted in subsection C of this rule

(II)   entering into any agreement, contract, arrangement, practice or understanding, written or otherwise, with any optical supplier for the referral or patients either to or from such optical supplier (59 O.S. §595);

(III)   practicing with the appearance of commercialism or association with any nonprofessional person in any manner which might degrade or reduce the quality of visual care received by citizens of this state (59 O.S. §593);

(IV)   rendering optometric care in any retail, mercantile establishment or providing to the public prescription eyeglasses, prescription lenses, frames or mountings within or on the premises of any retail or mercantile establishment in which the majority of the establishment's income is not derived from the sale of such prescription optical goods and materials (59 O.S. §596);

(2)   It is lawful for a licensed optometrist to practice optometry or to render "related professional services" through a professional entity as an employee as well as an owner or manager of the professional entity. Such employment does not relieve a licensed optometrist of any duty or prohibition otherwise imposed by law, including, but not limited to those listed in this rule as applicable to owners and managers, and the obligation of registering his or her office location with the Board (59 O.S. §583), and proper display of his or her certificate of registration (59 O.S. §586).

(3)   Further, Pursuant to 59 O.S. §944 it is not prohibited for a licensed optometrist to maintain a professional association with either another licensed optometrist or with a medical doctor, licensed pursuant to Chapter 11 of Title 59 of the Oklahoma statutes. The Board interprets 59 O.S. §944 to authorize a licensed optometrist to enter into a partnership with other optometrists or with medical doctors for the purpose of practicing optometry. Further, the Board interprets 59 O.S. §944 to authorize a licensed optometrist to be directly employed by either another licensed optometrist (or optometrists) or by a medical doctor (or medical doctors). Such partnership or employment in no way relieves any licensed optometrist of any obligation or prohibition otherwise imposed by law.

[Source: Added at 15 Ok Reg 3655, eff 7-27-98]