Can someone point me to a resource to read about 2 door states? Specifically I would like information about forming an optometric practice with multiple locations and the legality of hiring OD's for the practice.
Thanks,
Doc
Can someone point me to a resource to read about 2 door states? Specifically I would like information about forming an optometric practice with multiple locations and the legality of hiring OD's for the practice.
Thanks,
Doc
I live in a 2 door state. The gist of it is that only an OD or OMD can employ an OD. Every state is different in how it interprets its laws. You would probably do best to consult an attorney in the state you're interested in.
North Carolna is a two door state regarding optical stores hiring doctors............
Originally Posted by DocInChina
North Carolina is a two door state regarding optical stores hiring doctors.
Question
A doctor can own the optical and work for himself but the optical shop cannot hire the doctor. He has to be an "independent doctor of located next door to the store. Can My other corporation (which is not optical related) hire the doctor and have him work next door to the optical shop is my question.
Accepted Answer
No. You could lease the premises and then lease to a professional LLC or Corporation.
Here are the relevant rules:
§ 90-125. Practicing under other than own name or as a salaried or commissioned employee.
Except as provided for in Chapter 55B of the General Statutes of North Carolina, it shall be unlawful for any person licensed to practice optometry under the provisions of this Article to advertise, practice, or attempt to practice under a name other than his own, except as an associate of or assistant to an optometrist licensed under the laws of the State of North Carolina; and it shall be likewise unlawful for any corporation, lay body, organization, group, or lay individuals to engage, or undertake to engage, in the practice of optometry through means of engaging the services, upon a salary or commission basis, of one licensed to practice optometry or medicine in any of its branches in this State. Likewise, it shall be unlawful for any optometrist licensed under the provisions of this Article to undertake to engage in the practice of optometry as a salaried or commissioned employee of any corporation, lay body, organization, group, or lay individual. (1935, c. 63; 1937, c. 362, s. 2; 1969, c. 718, s. 16.)
21 NCAC 42C .0102 APPLICATION
An optometrist who has a certificate of registration issued by the Board may make application to the Board for a certificate of registration for a "professional corporation" or "professional limited liability company". When the Board makes the findings in G.S. 55B-10, it shall issue a certificate of registration for a professional corporation or professional limited liability company upon payment of the registration fee. The certificate shall remain effective until January 1 following the date of registration.
continue ----------------> http://www.justanswer.com/law/1slp9-...g-doctors.html
Last edited by Chris Ryser; 03-24-2012 at 01:25 PM.
Chris,
Thanks for this information. It seems a bit like restraint of trade, doesn't it? I have always had a problem with this, but as long as the ODs have the lobbying power, it will continue.
Warren
You can't hire him but you can let him use the office (convientently located next door) rent and equipement free. If he can't make a living on that basis he isn't any good anyway.
Chip
Isn't the spirit of the law is intended to prevent an entity that has limited medical knowledge from directing the medical practices of a doctor? An ophthalmologist could hire an OD, so there would be no restraint of trade in this situation. I don't really see how you could argue against it because there is nothing to stop you from opening a shop right next to the practice, you just can't hire an O.D. unless you are qualified to do so. I would be interested in hearing what the argument is, and I'm not trying to start a thread war here, just asking out of my own curiosity. I guess the argument you could present, is that there is an iron clad agreement that you don't direct any medical decisions, but this is probably the hard part of it and maybe why they drew the line at the door?
Austin,
I assume you are in Texas, where the requirement to be an Optician is a pulse, but believe me, some of us are not ignorant and do have a level of understanding. The issue is not professional really, because many establishments hire physicians and pharmacists and are not medical professionals..........in fact some are even retailers! While I have trememdous respect for what Optometry has done, most in 2-door operations do very little medicine to begin with. The issue here is money, pure and simple.
One question for you, you list yourself as a retailer, but in the profile section you also list yourself as a professional. Which is it?
Oh, I never looked at the profile section before.. B&M. I try not to get too personal on these boards, as some of the subjects can be controversial and patients and clients could end up stumbling on the threads. Its something that I haven't found myself being comfortable in doing as of to date. I don't really see an advantage to doing so, and it does have downside to it. think yelp, ect..... But it really doesn't matter, I am here to learn, and contribute when I can, and I take this board very seriously and have a big investement in the business, both personally and financially - school of hardknox as well. Oh should point out that we do look for more than a heartbeat when hiring opticians. I'm very proud of our opticians and think they do a great job.
Last edited by AustinEyewear; 03-25-2012 at 03:27 PM.
I am pleased to hear that you value your Opticians, and hope you see them as an integral part of the practice. There is a select group in Texas that have sought licensure for several years, but unfortunately big business and ODs have thwarted their efforts. If you have a good one (and I am not sure how your might judge their competence) they can do wonderful things for you. Whatever your role, I hope you help them improve not only individually, but professionally by speaking on their behalf the next time licensure comes up.
Either way we will always have at least one competent, ABO'd optician with years of experience on our staff anyway - regardless of state licensure requirements. A person that gets it. We need it, and our patients deserve it. Haven't given the matter a whole lot of thought, but just off the cuff, I find it impressive that someone would take the time to get ABO'd and apprenticed/study, who is competent even though they were not required to do so by law. It shows initiative and interest in the profession and the technology, something we respect dearly. There are many other things we need as a small business, so one always has to factor in all the qualities an employee brings to the table.
Last edited by AustinEyewear; 03-25-2012 at 09:09 PM.
It does show something, although my research indicates that most "apprenticeships" are no more than cheap labor, and while the ABO is a national certification agency, remember this is a very basic (embarrassingly so) exam that requires only a cleared check to take. There is no experience or training required. To prove its simplicity, a group provided a well known study guide to a secretary at one of the national Opticianry organization's offices (young lady, 21 years of age who did not wear glasses or contact lenses) and asked her to review it for a month. She took the NOCE (ABO) and successfully passed with an 80. Was this young lady better than all the "apprentices"? Who knows, maybe just lucky, but the average pass rate for the ABO at the time was around 65%. At that time, a year of experience and a cleared check was required to sit for the exam. Since them, to try to get the number of test takers (and I suspect cleared checks) up, the ABO/NCLE folks have eliminated the experience requirement. To be fair, it was also something sought by the chain operations, who really should have no say in the matter. The profession should set its own standard, and if the chains are concerned about quality, should support it, but I digress......that is another matter. The average pass rate now is approximately 50% (slightly higher this year if memory serves.......possibly 52?). My point is this. Do not let the ABO be a guide to anything except MINIMUM competence, which it was designed to measure. Hire someone well beyond that to get a true understanding of the value of a competent Optician. I wish you well, and thank you for the pleasant dialogue.
Interesting article on subject on 2 door states............................
Surprise!
Are you ready for what awaits you on your first day of practice? Learn from this new O.D.'s mistakes
By Robert Szypczak, O.D., Hilton Head, S.C.
Many of us would like to open our own practice right after graduation, but lack of funds or inadequate business experience often prevent us from realizing our dream immediately. But don't despair! I'm living proof that it's possible to learn about business and earn a good salary practicing optometry at the same time. Keep reading and I'll let you in on the secret.
CHOOSING MY NEXT STEP
Before graduation, I contemplated working as an employee for an established private practitioner or a commercial optical shop. Although the sizeable salary and the prospect of a guaranteed 40-hour work week was appealing, I knew this kind of job wouldn't teach me what I needed to know to run my own business ............................
http://www.optometricmanagement.com/...rticleid=71220
Agreed. I feel this way just about any profession. Just because someone gets a 4.0 in a four year university doesn't necessary make them the best person for the job. But it is a starting point from which to start weeding out resumes.
Does anyone have a simple list of what states require a separate entrance and 2 drawers?
Contact an attorney in the State that you want to do business in. You want to be sure that you are familiar with the appropriate State Laws and Regulations but more importantly you want to know how you can work around those laws. As they say, there is more than one way to skin a cat.
We have 2 drawers here......One for the Optical's money, one for the Dr's money.....
As for 2 door states.....I don't know of a list.
Beautiful. I wish that I had said that.We have 2 drawers here......One for the Optical's money, one for the Dr's money.....
As for 2 door states.....I don't know of a list.
I don't see why anyone would compile such a list unless it's a big chain who have no reason to share.
That said I'd follow Dick's advice.
As an aside I worked for an optician who had the exam room door open to a never used alley. The patient always walked though the shop to check in and see the doctor. Like he said- More than one way to skin a cat!!!
Remember fire codes require stores to have more than one door. Just plan the office design around that.
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