4 CCR 728-1.4 - RENTAL OF SPACE

This Rule is promulgated pursuant to sections 12-20-204, 12-275-104, and 12-275-108(1)(b), C.R.S.

If an optometrist rents space in which to practice optometry, the following requirements must be met:

A. The practice must be owned by the optometrist and all clinical decisions must be under his/her exclusive control.

B. The prescription files and all patient records must be the sole property of the optometrist and free from any involvement with any unlicensed person.

C. The leased space must be clearly defined and separate from space occupied by other occupants of the premises, and devoted exclusively to the practice of optometry while the optometrists is on the premises and also during the posted working hours of the optometrist. This provision does not apply to the sharing of space with another licensed healthcare professional so long as all optometric clinical decisions are made solely by the optometrist.

D. No phase of the optometrist's practice shall be conducted as a department, branch or concession of any commercial or mercantile establishment, and there shall be no legend or signs such as "Optical Department," "Optometry Department," or others of similar import, displayed on any part of the premises or in any advertisement.

E. The optometrist shall not permit his/her name or his/her practice to be directly or indirectly used by the commercial or mercantile establishment in any advertising, displays, signs, or in any other manner.

F. All credit accounts for patients shall be established initially with the optometrist and not the credit department of the commercial or mercantile establishment, but this shall not preclude the assigning or discounting of accounts receivable.

G. Listings in telephone directories and telephone service and number shall be in the name of the licensed optometrist or in the name under which he/she practices and not under the name of any lessor, or any commercial or mercantile establishment.

Notes

4 CCR 728-1.4

37 CR 12, June 25, 2014, effective 7/15/2014 43 CR 12, June 25, 2020, effective 7/15/2020 43 CR 23, December 10, 2020, effective 12/30/2020 44 CR 12, June 25, 2021, effective 7/15/2021 44 CR 24, December 25, 2021, effective 1/14/2022 45 CR 21, November 10, 2022, effective 10/5/2022 45 CR 22, November 25, 2022, effective 10/26/2022 45 CR 23, December 10, 2022, effective 11/11/2022 45 CR 24, December 25, 2022, effective 1/14/2023