Section 64B13-3.008 - Corporate, Lay, and Unlicensed Practice of Optometry Prohibited(1) No licensed practitioner shall enter into any agreement which limits or adversely affects the licensed practitioner's independent professional judgment and responsibility, or which allows, permits, or facilitates any entity which itself is not a licensed practitioner to practice optometry, to offer optometric services to the public through the licensed practitioner, or to control through any means whatever any aspect of the practice of optometry. The professional judgment of the licensed practitioner must be exercised solely for the benefit of his/her patients, and shall be free from any compromising control, influences, obligations, or loyalties.(2) "Other means or inducement" shall include the provision of equipment or leased space to a licensed practitioner, if the provision of such equipment or leased space is dependent upon the licensed practitioner's agreement to or forbearance of any term or condition relative to his/her practice of optometry.(3) For the purposes of this rule, "entity which itself is not a licensed practitioner" shall refer to any corporation, lay body, organization, individual, or commercial or mercantile establishment which is not a licensed practitioner or which is not comprised solely of licensed health care professionals, the primary objective of whom is the diagnosis and treatment of the human body.(4) For the purposes of this rule, "control" shall mean to exercise authority or dominating influence over; having the authority or ability to regulate, direct, or dominate.(5) For the purposes of this rule, the terms "any aspect of the practice of optometry" and "any term or condition relative to his/ her practice of optometry" shall include: (a) The type, extent, availability, or quality of optometric services;(b) The type of ophthalmic materials available, prescribed, or dispensed;(c) Files and records relating to patients and the optometric practice;(d) Optometric prescriptions;(e) Scheduling and availability of optometric services;(f) Time limitations on patient examinations;(g) Volume of optometric patients;(h) Fee schedules for optometric services and materials, and the establishment thereof, including billing methods; and,(i) Information disseminated to the public regarding optometric services.(6) Except as permitted by Section 542.33, F.S., licensed practitioners are prohibited from agreeing to any contract in restraint of trade. Licensed practitioners are prohibited from agreeing not to compete in the provision of optometric services with any entity which is not itself a licensed practitioner, or which is not licensed or otherwise permitted by law to provide the services which are the subject of the agreement not to compete.(7) For the purposes of this rule, "commercial or mercantile establishment" shall include an establishment in which the practice of opticianry is conducted pursuant to Chapter 484, Part I, F.S., and an establishment in which optical goods are sold.(8) For the purpose of this rule, "full and independent" shall mean total and complete; and free from the influence or control of another.Fla. Admin. Code Ann. R. 64B13-3.008
Rulemaking Authority 463.005(1) FS. Law Implemented 456.072(1)(a), (j), (m), (p), 463.014, 463.016(1)(f), (g), 463.0135 FS.
New 11-13-79, Amended 4-24-80, 12-19-84, Formerly 21Q-3.08, Amended 12-16-86, 3-25-91, 1-27-92, Formerly 21Q-3.008, 61F8-3.008, Amended 2-14-96, Formerly 59V-3.008, Amended by Florida Register Volume 42, Number 154, August 9, 2016 effective 8/25/2016.New 11-13-79, Amended 4-24-80, 12-19-84, Formerly 21Q-3.08, Amended 12-16-86, 3-25-91, 1-27-92, Formerly 21Q-3.008, 61F8-3.008, Amended 2-14-96, Formerly 59V-3.008, Amended 8-25-16.