SB322 Alabama 2013 Session

Summary

Primary Sponsor

Greg J. Reed

Republican

Session

Regular Session 2013

Title

Optometrists, manufacturers, wholesalers, and retailers of opthalmic materials leasing space to prohibited from controlling or attempting to control professional judgment of optometrist

Summary

SB322 would stop ophthalmic material manufacturers, wholesalers, and retailers who lease space to optometrists from controlling the optometrist's professional judgment or practice, and sets enforcement and penalties.

What This Bill Does

If enacted, the bill makes it unlawful for a lessor to directly or indirectly control an optometrist's professional judgment. It lists specific ways this control could be exercised, such as setting fees or hours, restricting scheduling, terminating a lease to influence practice, sharing telecommunication services, employing or paying for optometrists, restricting emergency access, or limiting the optometrist's scope of practice or the information they may share. Leases must not contain control provisions and must allow secure storage for confidential patient records with limited lessor access. The Alabama Board of Optometry can create rules to implement the bill, and the Attorney General or an optometrist can seek court action to stop violations, with damages or penalties available.

Who It Affects

• Optometrists who lease space to ophthalmic materials manufacturers, wholesalers, or retailers, by protecting them from outside control of their professional judgment
• Manufacturers, wholesalers, and retailers of ophthalmic materials who lease space to optometrists, by restricting how they can influence practice
• Alabama Board of Optometry, by granting authority to promulgate rules and enforce compliance
• Attorney General, by allowing suits to enjoin violations and seek penalties

Key Provisions

• Prohibits direct or indirect control or attempts to control an optometrist's professional judgment by lessors of ophthalmic materials
• Defines prohibited control through examples (fees/hours, patient load, scheduling, lease termination, sharing telecommunication services, employing or paying for services, restricting emergency access, limiting scope of practice, restricting competition within leased space, and restricting information or independent judgment)
• Leases cannot include provisions that control the optometrist; leased space must accommodate secure storage of confidential patient records; limited access for lessors to practice premises
• Board of Optometry may promulgate rules to implement the section
• Board, optometrist, or Attorney General may seek injunctions; penalties and costs recoverable by the prevailing party
• Optometrist may sue for injunction, damages, costs, and attorney's fees for violations
• Attorney General may sue for injunction and may recover civil penalties up to $1,000 per day per violation, plus costs and fees
• Section 2 establishes the act takes effect on the first day of the third month after passage

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Optometrists