The following acts, among others, constitute unethical or unprofessional conduct:
1. Division of fees with another optometrist or a health maintenance organization, except where the division is made in proportion to the services performed for the patient and the responsibility assumed by each.
2. Division of fees or any understanding or arrangement which is designed or tends to impair, influence or affect the independent judgment or practice of the optometrist with any person who is not an optometrist or a health maintenance organization, unless in accordance with NRS 636.374.