Calif. OD-Optician Sublease Agreement

For many years California had strict prohibitions on any kind of landlord-tenant relationship between an Optometrist and an Optician. Violating these laws was one of the most common ways for an optometrist to face discipline by the State Board. But that is no longer the case. California law was amended and now, with the proper documentation, an optometrist can directly lease space from an optician within the optician's business. 

The OD-Optician Sublease Agreement is the "proper documentation" you need. The only product of its kind available for purchase, this is a model sublease agreement required by California law for a sublease between a California licensed Optician and a California licensed Optometrist. This model Sublease Agreement complies with California's new law, Business & Professions Code section 655, which went into effect January 1, 2016. Before this there were no circumstances in which an Optometrist could sublease or otherwise work legally within the office of an optician or optical shop.

With the introduction of the revised section 655, for the first time, if the proper conditions are met (including a written sublease agreement like this), an optician can sublease space in his/her office directly to an optometrist, allowing the optometrist to operate his/her own practice within the space of an optician or optical business. The optometrist must run an independent optometry practice, but that practice, subject to certain qualifications in the law, may otherwise be located within the optical business.

For a sense of the model agreement, here are two screen shots of the agreement: 

This model OD-Optician Sublease Agreement is a Word DOCX file that can be modified as necessary to suit the parties. The agreement is thorough, and includes a comprehensive Business Associate Agreement (required by law), and terms for the optician to provide services and equipment for the optometrist to use. You will need to enter in some specific information, such as the address of the office, the names of the optician and optometrist, and the rent being charged to the optometrist. But, within minutes, you can have a comprehensive attorney-drafted written sublease agreement that complies with California Bus. & Prof. Code 655 and will protect both the Optician and the Optometrist from being in violation of California law.

Cost, Use, and Ordering

You can purchase this model California OD-Optician Sublease Agreement for only $795.00.* Compare that with the cost of having a sublease agreement of this kind prepared for you by an attorney not familiar with Section 655, likely $5,000-$10,000, if not more. 

With this agreement you'll be up and operating legally almost immediately for a fraction of the cost. If you need minor modifications to the model lease, Dr. Steinberg is available via email to assist you in making those modifications while maintaining compliance with the requirements of the new law. With minimal modifications mentioned above you will be able to use this sublease agreement "as is," or you can use them in consultation with your attorney to substantially reduce the costs you'd typically be charged for these professional advisers to "reinvent the wheel."

* Note that there is a 3% credit card processing fee added to your total, shown by PayPal as a tax.