424-1 General provisions. A nonprofit optometric service corporation may be formed for the purposes of contracting with individuals and corporations, both public and private, for defraying or assuming the costs of services of optometrists, and the contracting on behalf of optometrists to furnish such services. The director of commerce and consumer affairs shall grant to applicants who file articles of incorporation in conformity with section 414D-32 a charter of incorporation for the establishment and conduct of an optometric service corporation; provided that the corporation may not engage directly or indirectly in the performance of the corporate purposes or objects unless all of the following requirements are met:

(1) At least twenty-five per cent of all licensed optometrists in this State have become members of the corporation;

(2) Membership in the corporation and an opportunity to render professional services upon a uniform basis are available to all licensed optometrists in this State;

(3) Voting by proxy and cumulative voting are prohibited; and

(4) A certificate of compliance with the requirements of paragraphs (1), (2), and (3) has been issued to the corporation by the Hawaii board of optometry.

Any charter granted or corporation created under authority of this section shall be subject to all general laws enacted in regard to nonprofit corporations. [L 1965, c 84, 2; Supp, 176E-1; HRS 424-1; am L 1982, c 204, 8; am L 1983, c 124, 17; am L 1988, c 370, 9; am L 2002, c 40, 62; am L 2018, c 203, 6]

 

Cross References

 

Optometry license, see chapter 459.

 

 

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