N.J. Admin. Code § 13:38-2.13

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:38-2.13 - Independent doctor of optometry

(a) For the purpose of 45:12-9.1 2 and this chapter, in order to perform as an independent doctor of optometry, a licensee shall:

1. Take no instruction from an ophthalmic dispenser with regard to any aspect of optometric practice and retain authority to exercise professional judgment within accepted standards of professional care with regard to skill, diligence in examinations, allocation of time for professional services, and diagnosis and treatment of patients;

2. Take no instruction from a landlord with regard to any aspect of optometric practice and lease space on the basis of a written lease and only where rent is a fixed fee determined by the fair market value, is for a regular term and not for sporadic use of the space, is not contingent upon the number of patients, or the number or type of optometric services;

3. Maintain a separate telephone number;

4. Enter into a written agreement providing that the optometrist shall furnish and be responsible for all advertising for optometric services, materials and fees by that optometrist. Any optometrist advertisement for optometric services, materials and fees by that optometrist which appears near or next to the advertisement of any other entity shall be clearly delineated and set apart by bold lines or a box;

5. Employ, supervise, pay and maintain responsibility for training assistants and employees. If any personnel services are included as part of a rental agreement, such as a receptionist's services, the terms shall be included in the written lease;

6. Furnish his or her own equipment, instruments, and materials; or if these are leased, it shall be for fair market value and the terms shall be included in a written lease;

7. Establish all patient fees for ophthalmic materials and services;

8. Maintain his or her own patient treatment and billing records, separate and apart from any ophthalmic dispenser records, and be responsible for the confidentiality and security of all patient treatment and billing records, whether electronic or hard copy;

9. Establish hours of availability of optometric services and retain responsibility for suitable coverage in an emergency, during vacation, or during hours when the office is closed;

10. Display registration certificate(s) and signs so as to be read on the outside of the office as required by 45:12-8.

N.J. Admin. Code § 13:38-2.13

New Rule, R.2000 d.496, effective 12/18/2000.
See: 31 N.J.R. 3586(a), 32 N.J.R. 4453(a).
Amended by R.2004 d.336, effective 9/7/2004.
See: 36 N.J.R. 10(a), 36 N.J.R. 4152(a).
In (a), deleted "patient fees, " preceding "the number of patients" in 2.