Rudick v. Board of Optometry

MEDICAL CORPORATION: Rudick v. Board of Optometry (California Court of Appeal, First Appellate District, Division 3, A152179)

CMA filed an amicus brief in support of owners of a medical corporation with a licensed optometrist as a minority shareholder of a medical corporation that is majority-owned by an ophthalmologist and has four locations in Northern California. The lawsuit challenged the applicability of a law under the Optometric Practice Act that limits optometrists to owning no more than two offices “for the practice of optometry” to a medical corporation.

CMA's amicus brief discussed the inappropriate nature of allowing the Board of Optometry to have regulatory effect and control over a medical corporation owned and operated by a physician. The amicus brief provided the Court with a broader perspective on jointly-owned business entities between physicians and other licensed health professionals that work efficiently to provide services in a collaborative manner, and the impact this may have on future joint business ventures for physicians and patients' access to care.



Amicus Brief filed: 6/28/18

Status: This case is pending before the Court of Appeal.

Staff: Long Do


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