KP-0427
Ken Paxton
Summary
Whether a person under the physician’s control, supervision, or direction is exempt from regulation under Occupations Code subsection 351.005(a)(2)(B) does not turn on whether the person is an employee or independent contractor. And whether a physician’s specific degree of supervision of an optometrist or treatment and care of a patient will impact the Board’s action against an optometrist involves fact questions that are outside the purview of an attorney general opinion. A legal entity wholly owned and controlled by at least one licensed physician that is also a manufacturer, wholesaler, or retailer of ophthalmic goods is exempt from Occupations Code section 351.408 only if the legal entity has offices at three or fewer locations.