Sec. 351.408. CONTROL OF OPTOMETRY. (a) This section and Sections 351.602(c)(2), 351.603(b), 351.604(3), and 351.605 shall be liberally construed to prevent manufacturers, wholesalers, and retailers of ophthalmic goods from controlling or attempting to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist.
(b) In this section, "control or attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist" includes:
(1) setting or attempting to influence the professional fees or office hours of an optometrist or therapeutic optometrist;
(2) restricting or attempting to restrict an optometrist's or therapeutic optometrist's freedom to see a patient by appointment;
(3) terminating or threatening to terminate an agreement, including a lease, or other relationship in an attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist;
(4) providing, hiring, or sharing employees, business services, or similar items to or with an optometrist or therapeutic optometrist; and
(5) making or guaranteeing a loan to an optometrist or therapeutic optometrist in excess of the value of the collateral securing the loan.
(c) A manufacturer, wholesaler, or retailer of ophthalmic goods may not directly or indirectly:
(1) control or attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist;
(2) employ or contract for the services of an optometrist or therapeutic optometrist if part of the optometrist's or therapeutic optometrist's duties involves the practice of optometry or therapeutic optometry; or
(3) pay an optometrist or therapeutic optometrist for a service not provided.
(d) This section does not apply to a manufacturer, wholesaler, or retailer of ophthalmic goods who is an optometrist, therapeutic optometrist, or licensed physician or a legal entity wholly owned and controlled by at least one optometrist, therapeutic optometrist, or licensed physician, unless the optometrist, therapeutic optometrist, or legal entity has offices at more than three locations.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Notes of Decisions
Doris Forte v. Wal-Mart Stores, Incorporate, 780 F.3d 272 (5th Cir. 2015).
· cites it 4× “] In turn, Tex. Occ.Code § 351.408(b) states that “[Cjontrol or attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist” includes: (1) setting or attempting to influence the .”
Wal-Mart Stores, Inc. v. Forte, 497 S.W.3d 460 (Tex. 2016).
· cites it 2× “605 were added in 1981 and have been in effect, substantially unchanged, at all times material to this case.”
Doris Forte v. Wal-Mart Stores, Incorporate, 763 F.3d 421 (5th Cir. 2014).
“” TEX. OCC. CODE § 351.408(b), (c). Wal-Mart then eliminated the forty-five hour requirement and revised its lease to read “[t]he following is the LICENSEE’S representation of the weekly hours of coverage to the patients,” which was followed by a table in which the optometrists…”
Hammond v. Pearle Vision, Inc., 659 F. Supp. 2d 784 (E.D. Tex. 2009).
· cites it 4× “Hammond also cites Texas Occupations Code § 351.408, entitled “Control of Optometry,” which states in relevant part: (a) This section .”
Doris Forte v. Wal-Mart Stores, Incorporate (5th Cir. 2014).
· cites it 4× “” TEX. OCC. CODE § 351.408(b), (c). Wal-Mart then eliminated the forty-five hour requirement and revised its lease to read “[t]he following is the LICENSEE’S representation of the weekly hours of coverage to the patients,” which was followed by a table in which the optometrists…”
— Tex. Occ. Code § 351.408(b) — 3 cases
Doris Forte v. Wal-Mart Stores, Incorporate, 780 F.3d 272 (5th Cir. 2015).
“] In turn, Tex. Occ.Code § 351.408(b) states that “[Cjontrol or attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist” includes: (1) setting or attempting to influence the .”
Doris Forte v. Wal-Mart Stores, Incorporate, 763 F.3d 421 (5th Cir. 2014).
“” TEX. OCC. CODE § 351.408(b), (c). Wal-Mart then eliminated the forty-five hour requirement and revised its lease to read “[t]he following is the LICENSEE’S representation of the weekly hours of coverage to the patients,” which was followed by a table in which the optometrists…”
Doris Forte v. Wal-Mart Stores, Incorporate (5th Cir. 2014).
“” TEX. OCC. CODE § 351.408(b), (c). Wal-Mart then eliminated the forty-five hour requirement and revised its lease to read “[t]he following is the LICENSEE’S representation of the weekly hours of coverage to the patients,” which was followed by a table in which the optometrists…”
— Tex. Occ. Code § 351.408(c) — 2 cases
Doris Forte v. Wal-Mart Stores, Incorporate, 780 F.3d 272 (5th Cir. 2015).
“] In turn, Tex. Occ.Code § 351.408(b) states that “[Cjontrol or attempt to control the professional judgment, manner of practice, or practice of an optometrist or therapeutic optometrist” includes: (1) setting or attempting to influence the .”
Doris Forte v. Wal-Mart Stores, Incorporate (5th Cir. 2014).
“” TEX. OCC. CODE § 351.408(b), (c). Wal-Mart then eliminated the forty-five hour requirement and revised its lease to read “[t]he following is the LICENSEE’S representation of the weekly hours of coverage to the patients,” which was followed by a table in which the optometrists…”
— Tex. Occ. Code § 351.408(c)(1) — 1 case
Wal-Mart Stores, Inc. v. Forte, 497 S.W.3d 460 (Tex. 2016).
“605 were added in 1981 and have been in effect, substantially unchanged, at all times material to this case.”
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