2019 Tennessee Code
Title 63 - Professions of the Healing Arts
Chapter 8 - Optometry Law
§ 63-8-125. Lease between an optometrist and manufacturer, wholesaler or retailer of ophthalmic materials -- Control of professional judgment or practice by lessor prohibited.
(a) A manufacturer, wholesaler or retailer of ophthalmic materials who leases space to an optometrist shall not, directly or indirectly, control or attempt to control the professional judgment or practice of an optometrist.
(b) As used in this section, the phrase “control or attempt to control the professional judgment or practice of an optometrist” includes, but is not limited to:
(1) Setting or attempting to set the professional fees or hours of an optometrist or the number of patients to be seen by an optometrist;
(2) Restricting or attempting to restrict an optometrist's discretion to schedule appointments at times convenient to the optometrist's patients;
(3) Terminating or threatening to terminate a lease with an optometrist as a means of controlling or attempting to control the professional judgment or practice of the optometrist;
(4) Sharing with an optometrist telephone lines or other telecommunication services; provided, however, that nothing in this section shall preclude an optometrist from entering into a business arrangement involving the delegation of clerical tasks and functions to persons who are not employees of the optometrist but are under the optometrist's general supervision, so long as the business arrangement is in compliance with state and federal law;
(5) Employing or contracting for the services of an optometrist if part of the optometrist's duties involve the practice of optometry, except that an optometrist may legally contract to provide optometric services to the employees of the manufacturer, wholesaler or retailer;
(6) Paying an optometrist for a service not provided;
(7) Restricting an optometrist's access to leased office space when the optometrist needs such access to provide emergency care to a patient;
(8) Restricting or attempting to restrict the scope of practice of the optometrist in a way that prevents the optometrist from providing the full range of diagnostic and treatment services authorized by Tennessee law; provided, however, that a manufacturer, wholesaler or retailer of ophthalmic materials who leases space to an optometrist may restrict that optometrist from offering spectacles, lenses or frames to the optometrist's patients or to the public in the leased space in direct competition with the lessor;
(9) Limiting or attempting to limit the optometric services and ophthalmic materials that the optometrist may prescribe to the optometrist's patients or the information that may be disseminated to the patients or the public by the optometrist; and
(10) Limiting or attempting to limit the optometrist's exercise of independent professional judgment or responsibility in any way.
(c) A lease between an optometrist and a manufacturer, wholesaler or retailer of ophthalmic materials must comply with all the following provisions:
(1) The lease must not contain any provision through which the manufacturer, wholesaler or retailer of ophthalmic materials controls or attempts to control the professional judgment or practice of the optometrist; and
(2) The leased space must be large enough to include a secure location for storage of confidential patient records. Representatives of the lessor are only permitted on the lessee's premises on reasonable notice and at times not disruptive to the practice of the optometrist. Lessor shall have no access to confidential patient information except in compliance with state and federal law.
(d) The board may promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
(e) The board may file an action in an appropriate court to enjoin any violation of this section by any manufacturer, wholesaler or retailer of ophthalmic materials. If successful in establishing a violation or violations of this section, the board may recover court costs and reasonable attorney's fees.
(f) An optometrist may file an action in an appropriate court to enjoin a manufacturer, wholesaler or retailer of ophthalmic materials from controlling or attempting to control the professional judgment or practice of that optometrist. If successful in establishing a violation or violations of this section, the optometrist may also recover any actual damages sustained by the optometrist, as well as court costs and reasonable attorney's fees.
(g) The attorney general and reporter may file suit in an appropriate court to enjoin any violation of this section by a manufacturer, wholesaler or retailer of ophthalmic materials. If successful in establishing a violation or violations of this section, the attorney general and reporter may also recover a civil penalty not to exceed one thousand dollars ($1,000) per day for each violation of this section, plus court costs and reasonable attorney's fees.
