20:50:04:11. Improper relationships. To ensure that the services provided by an optometrist to a patient are based solely on the optometrist's professional judgment and not influenced by other business considerations, the following business relationships are prohibited:
(1) An office rental, lease, or office space-sharing arrangement which by virtue of location causes the optometrist to be in violation of SDCL 36-7-17 by being directly employed by or connected with another person or entity other than an optometrist, ophthalmologist, or other licensed healing arts professional or in which the optometrist's office, location, or place of practice is owned, operated, supervised, staffed, directed, or attended by any other person, corporation, or entity not licensed to practice optometry, ophthalmology, or other healing arts in the state of South Dakota; and
(2) An arrangement or agreement, express or implied, with any firm, business, corporation, person, or other entity not licensed to practice optometry in this state which would interfere with the optometrist's independent ability to provide professional care for patients without outside influence.
Nothing in this section shall be construed to prohibit a practice established under the terms of SDCL chapter 47-11B or affect referrals between persons authorized to practice medicine or optometry in the state of South Dakota.
Source: SL 1975, ch 16, § 1; 6 SDR 66, effective January 8, 1980; 12 SDR 78, effective November 10, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 35, effective August 30, 1994; 32 SDR 129, effective January 31, 2006.
General Authority: SDCL 36-7-15, 36-7-17, 36-7-25.
Law Implemented: SDCL 36-7-15(3).
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