Improper business relationships.
Effective Aug 14, 202249 SDR 12Source: 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 ; 49 SDR 12, effective August 14, 2022 . | General Authority: SDCL 36-7-15 (2) , 36-7-17 , 36-7-25 . | Law Implemented: SDCL 36-7-15 ( 2 ) , 36-7-17 , 36-7-25 (8) .
T he following business relationships are prohibited:
- (1) An office rental, lease, or office space-sharing arrangement that, 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 this state; 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 that would interfere with the optometrist's independent ability to provide professional care for patients without outside influence.
Nothing in this section may 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 this state.
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 ; 49 SDR 12, effective August 14, 2022 .
General Authority: SDCL 36-7-15 (2) , 36-7-17 , 36-7-25 .
Law Implemented: SDCL 36-7-15 ( 2 ) , 36-7-17 , 36-7-25 (8) .
Prior versions effective: 2006-01-31.