La. Admin. Code tit. 46 § LI-112

Current through Register Vol. 50, No. 9, September 20, 2024

Section LI-112 - Controlling Professional Judgment of Optometrist

A. Notwithstanding §109 of this Part, it shall be unlawful and constitute a violation of this Section for any optometrist to enter into any contract, agreement or other arrangement that allows any person, corporation, partnership, or other entity, to control or attempt to control the professional judgment, the manner of practice, or the practice of an optometrist. For purposes of this Section, "control or attempt to control the professional judgment, the manner of practice, or the practice of an optometrist" shall include, but not be limited to:

1. setting, dictating or attempting to influence the professional fees charged for patient care, other than through a contract, agreement or other arrangement with a person or entity described in §111 A;

2. exerting or attempting to influence independent professional judgment, patient care, or any matter affecting the health and well-being of a patient, or the ability of an optometrist to provide such care;

3. restricting or attempting to restrict an optometrists freedom to see patients on an appointment basis;

4. terminating or threatening to terminate any lease, agreement, or other relationship in an effort to control the professional judgment and/or manner of practice of an optometrist;

5. making or guaranteeing a loan to an optometrist in excess of the value of the collateral securing the loan;

6. regulation of the optometrists business hours, other than through a contract, agreement or other arrangement with a person or entity described in §111 A;

7. taking custody or control of the optometrists business and patient records; or

8. the specification of particular treatments, drugs, products, services, procedures, or optical goods to be dispensed or prescribed for a patient.

La. Admin. Code tit. 46, § LI-112

Promulgated by the Department of Health, Board of Optometry Examiners, LR 441245 (7/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1048.