Craig S Steinberg, O.D., Esq. Optometric & Healthcare Law

About half of Dr. Steinberg's law practice is in the areas of litigation and trial practice, generally focusing on business and healthcare litigation. "Business Litigation" is a broad area that encompasses the ordinary disputes that arise in business contexts such as contracts and breach of contracts, claims of fraud, misappropriation of trade secrets, non-compete agreements, and related business issues. "Healthcare litigation" addresses some of the unique situations which arise involving billing and coding, compliance with third party and CMS regulations, litigation against third party payers (vision care plans and insurance companies) and related topics.

Buying or selling an optometry practice, or forming a partnership or corporation, can be a complicated transaction. Most post-sale lawsuits arise due to poorly drafted transaction documents. In particular, buyers and sellers that rely on an escrow company's "standard" documents, or those of a practice broker, can easily end up in post-transaction disputes because of poorly written or incomplete agreements. Similarly, "partners" (whether in a true partnership, or shareholders of a corporation) that don't consult an attorney to draft a thorough partnership or shareholder's agreement are at significant risk of problems down the road.

Dr. Steinberg's unique expertise in optometric law extends to the complex relationship of opticians and optometrists in California. Many optometrists and opticians want to work together, but recognize that, in California, their business relationship is highly regulated. Many relationships between optometrists and opticians are precluded by California Bus. & Prof. Code 655. However, as a result of his experience with this complex area of law, Dr. Steinberg is regularly retained to advise and assist optometrists and opticians in developing a working relationship without violating California's strict laws regulating these two complimentary professions.

ATTENTION: A new Bus. & Prof. Code 655 has gone into effect. The new law dramatically alters Optician-Optometrist relations, permitting direct leasing by an optician to an optometrist, subject to very specific rules that must be contained in a WRITTEN sublease agreement. Contrary to common misunderstanding, it does NOT permit an optician to employ an optometrist and does not allow an optometrist and an optician to co-own an office or have a partnership in any form.

If you are an optician wishing to enter into a business relationship with an optometrist, or an optometrist that is working with an optician, Dr. Steinberg now provides with a 655 compliant written sublease and can optionally provide the consulting necessary to comply with the new law and avoid the risk of State Board discipline.

Click HERE for information about purchasing a Model OD-Optician Sublease Agreement that fully complies with the new law, allowing an optometrist to legally lease space from an optician for the first time. 

Optometrists in California are regulated by the California State Board of Optometry, which is a division of the Department of Consumer Affairs. The purpose of the State Board is to protect the public, and that includes the licensing and discipline of California licensed optometrists. The Board investigates complaints against optometrists, and brings accusations or charges against optometrists, under the Administrative Procedure Act if it finds cause to do so. In most cases the Board seeks revocation or suspension of your license!