Section 23.43. Offices

(a) An office for the practice of optometry shall consist of a reception area and other rooms required for a complete ocular examination. An optometrist shall notify the Board of the location of this office, within 30 days of securing the premises for this purpose. Display licenses shall be posted in compliance with § § 23.32 and 23.33 (relating to display of license; and practice).

(b) No optometrist may lease or rent space or accept employment for the practice of optometry in a commercial or mercantile concern unless the following conditions are met:

(1) The optometrist executes a contract, in writing, with the lessor, landlord or employer, granting the optometrist independence in the exercise of professional judgment.

(2) Patient files are under the control of the optometrist.

(3) Advertising, signs and displays are in compliance with § § 23.31 and 23.32 (relating to advertising; and display of license).

(4) The space occupied by the optometrist is definite and apart from space occupied by other commercial or mercantile concerns occupying proximate space.

(c) Nothing in this section prohibits an optometrist from paying for rental or franchise fees on a percentage of gross receipts basis.

The provisions of this § 23.43 adopted September 16, 1965; amended October 28, 1988, effective October 29, 1988, 18 Pa.B. 4863. Immediately preceding text appears at serial page (88257).

Notation

Authority

The provisions of this § 23.43 amended under section 3(b)(14) of the Optometric Practice and Licensure Act (63 P. S. § 244.3(b)(14)).

Cross References

This section cited in 49 Pa. Code § 23.31 (relating to advertising); 49 Pa. Code § 23.33 (relating to practice); 49 Pa. Code § 23.36 (relating to consultant, advisor, staff or employe optometry); 49 Pa. Code § 23.61 (relating to general); and 49 Pa. Code § 23.63 (relating to fee sharing).