Employment or Practice Settings

(1) An Optometrist may only practice in one or more of the following settings: (a) in his or her own private office; (b) in the office of another Optometrist; (c) in the practice of an ophthalmologist; (d) in a Health Maintenance Organization (HMO); (e) in a group medical practice; (f) in a school, college or university; (g) in a hospital or long term care facility; (h) in a non-profit clinic approved by the Board; or (i) in an industrial establishment not open to the public which provides optometric services to its employees and their families. (2) An Optometrist may not be an employee of an Optician or of any mercantile establishment. (3) An Optometrist may not practice under any lease, contract or other arrangement which would subject him or her to the direction or control of any Person not duly licensed to practice Optometry or medicine with respect to the following matters: (a) The exercise of professional optometric judgment; (b) The Optometrist's scheduling of patients; or (c) The fees charged by an Optometrist or the financial arrangements between an Optometrist and his or her patients. (4) An Optometrist may not offer, give, agree to give, solicit, receive or agree to receive any fee or other compensation to or from any business entity or Person, including a licensed Optometrist, in exchange for the referral of a patient, provided however that 246 CMR 3.03(4) shall not prohibit the sale of an optometric practice to an Optometrist. (5) An Optometrist may not use any undue influence or force upon a patient to purchase optical goods from himself or herself nor attempt to influence or force any patient to another provider of optical goods. Nothing in 246 CMR 3.00 shall be construed to prohibit any Optometrist from making a normal proper referral for any goods or services.