Practice of Optometry. The Parties acknowledge that Professional Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Professional Business Manager shall be deemed waived and unenforceable. Although Professional Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Retail Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel shall be subject to the direction, supervision, and control of the Practice and its Professionals in the performance of any and all Clinical Duties and in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager and Retail Business Manager in the performance of said duties. Professional Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Business Manager shall not attempt to dictate, influence, or control the scope, level, or type of Professional Eye Care Services provided to patients of the Office, the frequency of patient contacts at the Office, the discipline of any Professionals who are Practice Employees, the fees charged for professional services provided to patients of the Office (except to the extent necessary to establish the Budget or negotiate managed care contracts), or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice.
Practice of Optometry. The Parties acknowledge that Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required by Business Manager should be construed by a court of competent jurisdiction or by the State Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Business Manager shall be deemed waived and unenforceable.
Practice of Optometry. The Parties acknowledge that Retail Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Retail Business Manager should be construed by a court of competent jurisdiction or by the Board of Optometry to constitute the practice of optometry, the requirement to perform that act or service by Retail Business Manager shall be deemed waived and unenforceable. Although Retail Business Manager shall provide Non-Professional Personnel to the Practice and Professional Business Manager and Retail Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel in the performance of any and all Clinical Duties and shall be subject solely to the direction, supervision, and control of the Practice and its Professionals and, in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to,
Practice of Optometry. The Parties acknowledge that Professional Business Manager is not authorized or qualified to engage in any activity that may be construed or deemed to constitute the practice of optometry. To the extent any act or service herein required to be performed by Professional Business Manager should be construed by a court of competent jurisdiction, by the Colorado Board of Optometry, or by any relevant authority having the right or privilege to pass on the Parties' conduct to constitute the practice of optometry, the requirement to perform that act or service by Professional Business Manager shall be deemed waived and unenforceable. Although Professional Business Manager shall manage the administrative aspects of their employment, all Non-Professional Personnel who perform Clinical Duties' shall be subject to the direction, supervision, and control of the Practice and its Professionals in the performance of any and all Clinical Duties, and in the performance of Clinical Duties shall not be subject to any direction or control by, or liability to, Professional Business Manager. Professional Business Manager may not and shall not control or attempt to control, directly or indirectly, the professional judgment, the manner of practice, or the practice of the Practice or any Professional employed by the Practice. In this regard, Professional Business Manager shall not attempt to dictate or control the extent, type, availability, or quality of Professional Eye Care Services provided at the Office; the selection of health care related equipment to be used by the Practice; the type of ophthalmic materials prescribed at the Office; the handling of patient records; the scheduling and availability of Professional Eye Care Services provided at the Office; the frequency and volume of patient contacts at the Office; the discipline of any Professionals who are Practice Employees; the fees charged for professional services provided to patients of the Office; the dissemination of information to the public concerning Professional Eye Care Services; or any other matter that impinges on the professional judgment of the Practice or any Professional employed by the Practice. It is understood and agreed between the Parties that Professional Business Manager shall have the right, duty, and obligation to advise the Practice concerning the business and financial consequences of any decision it may make with respect to any of the foregoing matters. This duty shall include making recommenda...
