State ex rel. Board of Optometry v. Sears, Roebuck & Co
In State ex rel. Board of Optometry v. Sears, Roebuck & Co., 102 Ariz. 175, 427 P.2d 126 (1967), the court relied upon and reaffirmed its holding in Funk but approved an arrangement whereby an optometrist was leasing space in a Sears store.
The Court held that a corporation cannot "practice optometry through employing a licensed optometrist, or through entering into any type of arrangement with a licensed optometrist which subjects the optometrist to the corporation's direction and control." 102 Ariz. at 177, 427 P.2d at 128.
In the Sears case, the Arizona Supreme Court approved the arrangement because Sears exercised no control over the optometrist and there was no creation of "an employment relationship." Id. at 178, 427 P.2d at 129.