2005 West Virginia Code - §30-8-10. — Unlawful practice of optometry by or for a corporation, etc.; practice in connection with commercial or mercantile establishment; penalties; injunctions.

§30-8-10. Unlawful practice of optometry by or for a corporation, etc.; practice in connection with commercial or mercantile establishment; penalties; injunctions.

Except as provided in sections three-a and three-b of this article, no corporation or voluntary association shall practice, or assume to practice, or in any manner hold itself out to the public as being entitled to practice the profession of optometry, or advertise the title of optometrist in such manner as to convey the impression to the public that it is entitled to practice optometry, or furnish optometric advice and services, or advertise that, either alone or together with or by or through any person, whether a duly registered and licensed optometrist or not, it has, owns, conducts or maintains an office or place for practice of optometry. Except as provided in sections three-a and three-b of this article, no duly registered and licensed optometrist shall associate himself or herself with any corporation or voluntary association for the practice of optometry, or in any manner practice such profession, on a salary or commission basis, for any such corporation or voluntary association. Any corporation or voluntary association violating any of the provisions of this section, or any officer, trustee, director, agent, or employee of such corporation or voluntary association who, either directly or indirectly, engages in any of the acts herein prohibited, or assists such corporation or voluntary association to do such prohibited acts, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand nor more than five thousand dollars. The fact that any such officer, trustee, director, agent or employee shall be a duly registered and licensed optometrist shall not be held to permit or allow any such corporation or voluntary association to do the acts prohibited herein, nor shall such fact be a defense upon the trial of any of the persons hereinbefore mentioned for a violation of this section. Any duly registered and licensed optometrist who shall violate the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars, and each and every day such violation continues shall constitute a separate offense; and in addition to the foregoing penalties, such offending optometrist shall have his or her license suspended for a period of one year by the court in which such conviction is had: Provided, That this section shall not apply to a partnership of two or more duly registered and licensed optometrists who practice under their own names.
It shall be unlawful for any registered optometrist to practice his or her profession as an employee, lessee, or sublessee of any commercial or mercantile establishment or to practice his or her profession in connection therewith, or to advertise either in person or through any commercial or mercantile establishment that he or she is a duly registered practitioner, and is practicing or will practice optometry as an employee, lessee, or sublessee of any such commercial or mercantile establishment or in connection therewith. But nothing herein shall be construed to prohibit or prevent the rendering of professional services to the officers and employees of any person, firm or corporation by an optometrist, whether or not the compensation for such services is paid by the officers and employees, or by the employer, or jointly by all or any of them. Any person violating this provision shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand nor more than five thousand dollars, and each and every day such violation continues shall constitute a separate offense.
The circuit court of any county in which the violation occurred shall have jurisdiction to restrain by injunction the violation of any of the provisions of this article.