Formation of association or other business relationship with unlicensed persons.

1. An optometrist may form an association or other business relationship with a person, other than a physician, who is not licensed to practice optometry to perform duties concerning the operation of the business. Such duties must be limited to duties concerning the operation of the business and may include, without limitation, performing services related to payroll, human resources, real estate, regulatory matters not related to health care, banking, accounting, administration of benefits, marketing, merchandising, occupancy, accounts payable, accounts receivable, supply chain management, business development, business administration, labor, compliance with applicable laws and regulations, purchasing and medical billing. 2. An optometrist who forms an association or other business relationship with a person who is not licensed to practice optometry, including, without limitation, a physician pursuant to NRS 636.373 or a person pursuant to subsection 1, shall: (a) Comply with any applicable requirements of the Internal Revenue Service; (b) Maintain organizational and financial independence from the person who is not licensed to practice optometry and ensure that the person who is not licensed to practice optometry does not directly or indirectly control, dictate or influence the professional judgment of the practice of optometry by the optometrist, including, without limitation, the professional judgment of the optometrist concerning: (1) Clinical decisions; (2) Scheduling of patients; (3) Any decision concerning scope of practice or use of facilities, equipment or drugs; or (4) Any other decision concerning the provision of care to a patient or the outcome of any treatment or other service provided to a patient; and (c) Ensure that any advertising, marketing and promotional materials accurately portray the position of the optometrist within the association or business relationship, including, without limitation, whether the practice of the optometrist is included within any assumed or fictitious name used by the association or other business relationship.