State Codes and Statutes

State Codes and Statutes

Statutes > West-virginia > 30 > 30-8-3b

§30-8-3b. Practice of optometry by optometric corporations; limitations; optometrist-patient relationship not affected; biennial registration; penalty; severability.
(a) An optometric corporation may practice optometry only through an individual optometrist or optometrists duly registered to practice optometry in the state of West Virginia, but such optometrist or optometrists may be employees rather than shareholders of such corporation, and nothing herein contained shall be construed to require a license or other legal authorization of any individual employed by such corporation to perform services for which no license or other legal authorization is otherwise required. Nothing contained in sections three-a and ten and this section of this article is meant or intended to change in any way the rights, duties, privileges, responsibilities and liabilities incident to the optometrist-patient relationship nor is it meant or intended to change in any way the personal character of the optometrist- patient relationship. A corporation holding such certificate of authorization shall register biennially, on or before the thirtieth day of June, on a form prescribed by the board of optometry and shall pay a biennial registration fee as determined by legislative rule.

(b) An optometric corporation holding a certificate of authorization shall cease to engage in the practice of optometry upon being notified by the board of optometry that any of its shareholders is no longer a duly registered optometrist in this state, or when any shares of such corporation have been sold or disposed of to a person who is not a duly registered optometrist: Provided, That the personal representative of a deceased shareholder shall have a period, not to exceed twelve months from the date of such shareholder's death, to dispose of such shares; but nothing contained herein shall be construed as affecting the existence of such corporation or its right to continue to operate for all lawful purposes other than the practice of optometry.

(c) No corporation shall practice optometry, or any of its branches, or hold itself out as being capable of doing so, without a certificate from the board, or after its certificate has been revoked, or if suspended, during the term of such suspension. A certificate signed by the secretary of the board of optometry to which is affixed the official seal of the board to the effect that it appears from the records of the board that no such certificate to practice optometry or any of its branches in the state has been issued to any such corporation specified therein or that such certificate has been revoked or suspended shall be admissible in evidence in all courts of this state and shall be prima facie evidence of the facts stated therein.

(d) Any officer, shareholder or employee of such corporation who participates in a violation of any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one thousand dollars nor more than five thousand dollars.