PROFESSIONAL RESPONSIBILITY; FEES

(a) An optometrist or therapeutic optometrist may not directly or indirectly divide, share, split, or allocate a fee for optometric services or materials with: (1) a layperson, firm, or corporation; or (2) another optometrist, therapeutic optometrist, or licensed physician, except on the basis of a division of service or responsibility. (b) Subsection (a) does not: (1) prevent an optometrist or therapeutic optometrist from paying an employee in the regular course of employment; (2) prevent establishment of a partnership for the practice of optometry or therapeutic optometry; or (3) prohibit an optometrist or therapeutic optometrist from being employed on a salary, with or without a bonus arrangement, by an optometrist, therapeutic optometrist, or licensed physician, regardless of the amount of supervision exerted by the employer over the office in which the employee works. (c) A bonus arrangement described by Subsection (b)(3) may not be based on the business or income of an optical company. (d) Section 351.361(c) applies to this section.