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24.168.411    GENERAL PRACTICE REQUIREMENTS

(1) Optometrists may conduct a practice in or at any desired location, under the following conditions:

(a) the practice must be owned and under the direct supervision of an optometrist with valid Montana certificate of registration, except that a duly licensed optometrist is not prohibited from associating with other duly licensed optometrists and/or medical doctors for the purpose of practicing optometry in the following manners:

(i) a professional partnership;

(ii) a professional corporation, pursuant to 35-4-101, et seq., MCA;

(iii) a professional limited liability company, pursuant to 35-8-1301, et seq., MCA, in which all managers or shareholders are licensed to practice optometry or medicine; or

(iv) a trust in which both the trustor and any trustees are licensed to practice optometry or medicine; and

(b) all professional signs and advertising, etc., must include the optometrist's name and the title "Optometrist," "Doctor of Optometry," or initials "O.D."

(2) The board will consider all advertising appearing over the signature of an individual as having been inserted and approved by that individual, and will hold the individual responsible for such advertising. If advertising appears over the signature of a company, firm, or corporation, all the individual officers or partners of the organization will be considered individually responsible for such advertising.

(3) Each licensed optometrist must maintain accurate patient records for not less than five years from the last time the patient was treated.

History: 37-1-131, 37-10-202, MCA; IMP, 37-10-301, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1390, Eff. 7/16/82; AMD, 1983 MAR p. 1717, Eff. 11/26/83; AMD, 1986 MAR p. 1582, Eff. 9/26/86; AMD, 1988 MAR p. 1811, Eff. 8/12/88; AMD, 1990 MAR p. 2176, Eff. 12/14/90; AMD, 1995 MAR p. 1415, Eff. 7/28/95; AMD, 1997 MAR p. 305, Eff. 2/11/97; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2008 MAR p. 2181, Eff. 10/10/08.

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