North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 42 - OPTOMETRY › Subchapter E - MODE OF PRACTICE › Section .0100 - RESPONSIBILITY FOR PATIENTS › Section 42E .0104 - ACCESS TO AND CONTROL OVER PRACTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  licensee shall maintain full and independent control of the scheduling and
				  provision of his optometric services.
(b) Each licensee is responsible for and
				  shall retain full and independent control of information disseminated to the
				  public through any advertising or other commercial medium when such information
				  relates to optometric services being provided by the licensee whether or not
				  such advertising is paid for or sponsored by the optometrist. Provided however,
				  it shall not be a violation of this subsection to include in an advertisement
				  not disseminated by the licensee a statement advertising the availability of
				  optometric services, including eye examinations, by an independent doctor of
				  optometry adjacent to or in proximity to a retail optical establishment, or a
				  statement containing substantially similar language.
(c) The licensee shall have physical access
				  to his practice location at all times.
(d) Whenever any licensee enters into a lease
				  or rental agreement to locate his practice within the exterior walls of a
				  commercial or retail establishment, that practice location shall include an
				  outside entrance to assure such access as may be needed by the optometrist and
				  his patients to his optometric practice at all times. Further, the practice
				  location within the commercial or retail establishment may have interior access
				  from and to a public aisle, but such interior access shall not pass through or
				  into any retail optical space within the establishment to the effect that the
				  optometric practice shall be operated under the complete control of the
				  optometrist.
(e) A licensee shall
				  not enter into any lease, rental agreement, or agreement or contract of
				  employment for the provision of optometric services which infringes upon his
				  independent professional judgment with regard to the operation of his practice
				  or the care of his patients. Provisions within a lease, rental agreement, or
				  agreement or contract of employment for the provision of optometric services or
				  provisions within any master lease to which a lease is subject which would
				  violate this Rule include, but are not limited to, provisions which control or
				  attempt to control: malpractice liability insurance beyond a requirement that
				  the licensee maintain a professionally-reasonable amount of malpractice
				  liability insurance; regulation of the optometrist's business hours beyond 50
				  hours a week, except that the optometrist may agree to furnish coverage in
				  excess of 50 hours a week either personally or by providing a temporary or
				  relief optometrist to provide such coverage; custody and control of the
				  optometrist's patient records; the scheduling or rescheduling of patient
				  examinations or follow-up care; the setting or discounting of professional
				  fees, except for participation in managed care or other third-party programs;
				  or the specification of particular drugs or optical goods to be dispensed to or
				  prescribed for a patient. Any lease which is subject to a master lease to which
				  the optometrist does not have ready access for purposes of assuring compliance
				  with this Rule shall be deemed in violation of this Rule and Rule .0201 of
				  Section .0200 of this Subchapter.
Authority
					 G.S.
					 90-117.5;
					 90-121.2;
Eff. June 1,
					 1993;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. May 23,
					 2015.