(1) The term proprietor, as used in this article 275, includes any person, group, association, or corporation not licensed under this article 275 who:
(a) For financial gain, employs optometrists in the operation of an optometry office;
(b) Places, directly or indirectly, in possession of an optometrist such materials or equipment as may be necessary for the operation of an optometrist's office on the basis of any fee splitting, income division, profit sharing, or similar agreement or on any basis that has the effect of any such agreement, but the term proprietor does not include the bona fide seller of optometry equipment or material secured by chattel mortgage, conditional sales contract, or other title retention agreements or the bona fide leasing of the equipment by the manufacturer or by the manufacturer's franchised dealer; or
(c) Under the guise of a rental percentage lease or sublease or other leasing or rental arrangement, participates in the direction and control of a licensee's practice and business or in the receipts or profits accruing therefrom, but a bona fide percentage sale lease basing the rental of the premises let upon a percentage of gross income of not to exceed the reasonable, going rate for like quarters and location, as determined by the board after investigation, shall not be deemed an avoidance of the provisions of this section. Certified copies of all such leasing and rental arrangements and renewals thereof shall be filed with the board by the licensee within thirty days after execution.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1412, � 1, effective October 1.
Editor's note: This section is similar to former � 12-40-103 as it existed prior to 2019.
12-275-105. Persons entitled to practice optometry - title protection of optometrists. It shall be unlawful for any person to practice optometry in this state except those who are duly licensed optometrists pursuant to the provisions of this article 275. A person licensed as an optometrist pursuant to the provisions of this article 275 may use the title optometrist, the initials O.D., or the term doctor of optometry. No other person shall use the title optometrist, O.D., doctor of optometry, or any other word or abbreviation to indicate or induce others to believe that one is licensed to practice optometry in this state.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1412, � 1, effective October 1.
Editor's note: This section is similar to former � 12-40-104 as it existed prior to 2019.