An optometrist may not directly or indirectly divide, share, split, or allocate a fee for optometric services or materials with a layperson, firm, or corporation, or another optometrist or licensed medical practitioner, except on the basis of a division of service or responsibility. This section does not prohibit:

1. (1) An optometrist from paying an employee in the regular course of employment;
2. (2) A practice established under the terms of SDCL chapter 47-11B; or
3. (3) An optometrist from being employed on a salary, with or without a bonus arrangement, by an optometrist or licensed medical practitioner, regardless of the amount of supervision exerted by the employer over the office in which the employee works. However, this bonus arrangement may not be based on the business or income of an optical company.

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; 32 SDR 129, effective January 31, 2006 ; 49 SDR 12, effective August 14, 2022 .

General Authority: SDCL 36-7-15 ( 2 ).

Law Implemented: SDCL 36-7-15 ( 2 ).

Prior versions effective: 2006-01-31.