Every optometrist in this state shall furnish the board satisfactory evidence that the licensee practices optometry as a profession, in an individual personal capacity under the optometrist’s own name or as a partner of another licensed optometrist and not as a corporation, limited liability company or agent, employee, officer, member, or partner of a corporation or limited liability company, except where a practice as an officer, employee, member, or agent of a corporation is established under the terms of chapter 47-11B. A violation of this section is a Class 2 misdemeanor.

Nothing in this section precludes a licensed optometrist from serving as a shareholder, officer, or director of a corporation established under the terms of chapter 58-41 as a health maintenance organization, a preferred provider organization, individual practices association, or other form of entity whatever established for group health care purposes.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 36-7-17

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Source: SDC 1939, § 27.0704 (7); SL 1941, ch 125, § 2; SL 1972, ch. 249, § 24; SL 1987, ch 269, § 1; SL 1992, ch 158, § 77; SL 1993, ch 344, § 39J; SL 2022, ch 147, § 9.