Oklahoma § 59-944 - Rebates, kickbacks, etc. - Permitting solicitation - Acts

§ 59-944. Rebates, kickbacks, etc. - Permitting solicitation - Acts

as employee or associate - Renting space or subleasing departments.

A. It shall be unlawful for any optometrist, physician or other

person doing, or purporting or pretending to do eye examination or

visual correction to receive or accept any rebate, kickback, reward

or premium from any optical company or any other person, firm or

corporation dealing in optical goods, appliances or materials, or

knowingly allow or permit any person engaged in or interested in the

sale of such optical goods, appliances, or materials, to solicit

business for any person licensed under the provisions of Chapters 11

or 13 of this title. It shall be unlawful for any optometrist,

physician, or other person to make an eye examination, or do visual

correction in any manner, either directly or indirectly as an

employee or associate of a person, firm, corporation, lay body,

organization, group or lay person and it shall be likewise unlawful

for any corporation, lay body, organization, group or lay person in

any manner to make an eye examination or perform any visual

correction through the means of engaging the services on a salary,

commission or any other compensatory basis of a person licensed

under the provisions of Chapters 11 or 13 of this title, provided

that this sentence shall not apply to the University of Oklahoma

School of Medicine and Hospitals, OSU College of Osteopathic

Medicine or to a bona fide resident physician of a licensed

hospital, and provided further that renting a separate area or room

and practicing optometry within or adjacent to a retail store shall

not be considered a violation of this section.

B. A person, firm, or corporation engaged in the business of

retailing merchandise to the general public may rent a separate area

or room within a retail store to an optometrist or optometric

professional corporation for the practice of optometry in the

following counties:

1. For the period beginning November 1, 2019, through October

31, 2024, in counties having a population of three hundred thousand

(300,000) or more persons according to the latest Federal Decennial

Census or most recent population estimate;

2. For the period beginning November 1, 2024, through October

31, 2029, in counties having a population of one hundred thirty

thousand (130,000) persons or more according to the latest Federal

Decennial Census or most recent population estimate;

3. For the period beginning November 1, 2029, through October

31, 2036, in counties having a population of one hundred thousand

(100,000) persons or more according to the latest Federal Decennial

Census or most recent population estimate;

4. For the period beginning November 1, 2036, through October

31, 2042, in counties having a population of fifty thousand (50,000)

persons or more according to the latest Federal Decennial Census or

most recent population estimate; and

Oklahoma Statutes - Title 59. Professions and Occupations

5. For the period beginning November 1, 2042, and for all

periods thereafter, all counties of the state.

C. For separate areas or rooms rented for the practice of

optometry pursuant to subsection B of this section, the area or room

rented for the practice of optometry must be definite and apart from

space used by other occupants of the premises. Solid, opaque

partitions or walls from floor to ceiling, which may contain doors

and windows, must separate the area or room rented for the practice

of optometry from space used by other occupants. The area or room

rented for the practice of optometry must have a patient's entrance

opening on a public thoroughfare, such as a public street, hall,

lobby or corridor; provided that the space rented for the practice

of optometry can also be accessible for a patient from the retail

store if the access is through a second room with a door such that

the patient does not have access to the space rented for the

practice of optometry directly from the general retail area of the

retail store. Renting a separate area or room and practicing

optometry within or adjacent to a retail store shall not be

considered a rebate, kickback, reward or premium.

D. No lessor shall include a requirement in any lease of real

property pursuant to which an optometrist or the professional

business entity owned by the optometrist is required to maintain

specific hours of operation or which provides for payment of rent or

reduction of rent based on the gross revenues of the optometrist or

the professional business entity, whether characterized as

production goals, patient visits or similar economic metrics or that

requires or provides any type of incentive through the lease terms

based on referrals by the optometrist or the professional business

entity owned by the optometrist for purposes of the sale of any form

of tangible personal property sold by the lessor, including, but not

limited to, eyeglasses, frames, eye care products, eyeglass

accessories or similar tangible personal property related to care of

the human eye.

E. A person, firm or corporation engaged in the business of

retailing merchandise to the general public may sell optical goods,

appliances or materials and function as an optical supplier in a

retail store, regardless of whether a majority of the retail store's

income is derived from the sale of prescription optical goods,

appliances and materials or whether an optometrist is practicing

optometry in such retail store.

F. Optical goods, appliances or materials shall be subject to

all provisions regarding below cost sales set forth in the Unfair

Sales Act created in Section 598.1 et seq. of Title 15 of the

Oklahoma Statutes.

G. Nothing in this section shall prohibit a person licensed

under Chapter 11 or Chapter 13 of this title from organizing or

Oklahoma Statutes - Title 59. Professions and Occupations

maintaining a professional association with other persons so

licensed.

Added by Laws 1953, p. 272, § 4. Amended by Laws 2019, c. 427, § 3,

eff. Nov. 1, 2019.