N.D. Admin. Code 56-02-03-01

Current through Supplement No. 395, January, 2025

Section 56-02-03-01 - Cappers and steerers prohibited

The use of so-called "cappers" and "steerers" and splitting of fees for the purpose of obtaining patients is unlawful. For a person registered under the North Dakota optometry law to make a house-to-house canvass or otherwise, either in person or through solicitors or agents, for the purpose of selling glasses, eye examinations, or other optometric services, is declared unprofessional and unlawful. It is prima facie evidence that an optometrist is obtaining business by using and employing suppliers as a "capper" or "steerer" in violation of this section and the law where there is any arrangement, agreement, or practice whereby a supplier of ophthalmic materials:

1. Provides office space for a practicing optometrist.

2. Pays rent for the office space occupied by a practicing optometrist.

3. Pays the professional fees of a practicing optometrist.

4. Pays for any advertising for a practicing optometrist.

5. Pays commissions to a practicing optometrist upon ophthalmic materials furnished to the optometrist or the optometrist's patients.

6. Refers prospective purchasers of ophthalmic materials to a specific optometrist.

7. Otherwise directs prospective purchasers of ophthalmic materials to a specific optometrist.

General Authority: NDCC 43-13-13

Law Implemented: NDCC 43-13-13

N.D. Admin Code 56-02-03-01