C.R.S. Section 12-275-104
Proprietor defined

(1)

The term “proprietor”, as used in this article 275, includes any person, group, association, or corporation not licensed under this article 275 who:

(a)

For financial gain, employs optometrists in the operation of an optometry office;

(b)

Places, directly or indirectly, in possession of an optometrist such materials or equipment as may be necessary for the operation of an optometrist’s office on the basis of any fee splitting, income division, profit sharing, or similar agreement or on any basis that has the effect of any such agreement, but the term “proprietor” does not include the bona fide seller of optometry equipment or material secured by chattel mortgage, conditional sales contract, or other title retention agreements or the bona fide leasing of the equipment by the manufacturer or by the manufacturer’s franchised dealer; or

(c)

Under the guise of a rental percentage lease or sublease or other leasing or rental arrangement, participates in the direction and control of a licensee’s practice and business or in the receipts or profits accruing therefrom, but a bona fide percentage sale lease basing the rental of the premises let upon a percentage of gross income of not to exceed the reasonable, going rate for like quarters and location, as determined by the board after investigation, shall not be deemed an avoidance of the provisions of this section. Certified copies of all such leasing and rental arrangements and renewals thereof shall be filed with the board by the licensee within thirty days after execution.

Source: Section 12-275-104 — Proprietor defined, (accessed Dec. 24, 2024).

12‑275‑101
Legislative declaration 12‑275‑102
Applicability of common provisions 12‑275‑103
Practice of optometry defined - prescribing drugs - therapeutic optometrist - rule 12‑275‑104
Proprietor defined 12‑275‑105
Persons entitled to practice optometry - title protection of optometrists 12‑275‑106
Persons excluded from operation of this article 12‑275‑107
State board of optometry - created - members 12‑275‑108
Powers and duties of the board - rules - limitation on authority 12‑275‑109
Volunteer optometrist license 12‑275‑110
Application for license - licensure by endorsement 12‑275‑111
Current licensees - treatment and therapeutic practice 12‑275‑112
Examination - licenses 12‑275‑113
Use of prescription and nonprescription drugs - limits on prescriptions 12‑275‑114
Prescriptions - requirement to advise patients 12‑275‑115
License renewal - questionnaire - continuing education 12‑275‑116
Change of address 12‑275‑117
Licenses to be displayed 12‑275‑118
Records to be kept by the board 12‑275‑119
Patient’s exercise of free choice - release of patient records - rules 12‑275‑120
Unprofessional conduct - definitions 12‑275‑121
Mental and physical examination of licensees - confidential agreements to limit practice 12‑275‑122
Discipline - procedure - professional review - immunity - reconsideration and review of action by board - rules 12‑275‑123
Use or sale of forged or invalid certificate, degree, or license 12‑275‑124
Corporate practice prohibited - exceptions 12‑275‑125
Enforcement - injunction - defense 12‑275‑126
Unauthorized practice - penalties 12‑275‑127
Professional service corporations, limited liability companies, and registered limited liability partnerships for the practice of optometry - definitions 12‑275‑128
Financial responsibility - rules 12‑275‑129
Judgments and settlements - reporting 12‑275‑130
Repeal of article - review of functions
Green check means up to date. Up to date

Current through Fall 2024

§ 12-275-104’s source at