(a) An optometrist or therapeutic optometrist may not directly or indirectly divide, share, split, or allocate a fee for optometric services or materials with:
(1) a layperson, firm, or corporation; or
(2) another optometrist, therapeutic optometrist, or licensed physician, except on the basis of a division of service or responsibility.
(b) Subsection (a) does not:
(1) prevent an optometrist or therapeutic optometrist from paying an employee in the regular course of employment;
(2) prevent establishment of a partnership for the practice of optometry or therapeutic optometry; or
(3) prohibit an optometrist or therapeutic optometrist from being employed on a salary, with or without a bonus arrangement, by an optometrist, therapeutic optometrist, or licensed physician, regardless of the amount of supervision exerted by the employer over the office in which the employee works.

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Terms Used In Texas Occupations Code 351.457

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

(c) A bonus arrangement described by Subsection (b)(3) may not be based on the business or income of an optical company.
(d) § 351.361(c) applies to this section.