Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1320 - OPTOMETRIC PRACTICE ACT OF 1987 › Subpart A - OPTOMETRY › Section 1320.105 - Recordkeeping

Current through Register Vol. 48, No. 28, July 12, 2024
Every licensed optometrist shall keep a record of
				  examinations made and prescriptions issued, which record shall include the
				  names of persons examined and for whom prescriptions were prepared,
				  and
that
shall be signed by the licensed optometrist and
				  retained by him
or her
in the office in which
the
professional service was rendered.
[
				  225
				  ILCS 80/6 ]
a) Ownership of Records
1) Independent Optometric Practice
A licensed optometrist shall maintain full and independent
				  responsibility and control over all records, including any prescriptions,
				  relating to the patients. All such records shall remain confidential, except as
				  otherwise provided by law, and shall be maintained by the licensed optometrist
				  in compliance with this Section, Section 6 of the Act, HIPAA and Section
				  1320.90. For purposes
				  of this subsection (a)(1), "maintain full and independent responsibility and
				  control" means that the records shall be maintained by the licensed optometrist
				  and that the optometrist shall not share, delegate or relinquish either
				  possession of the records, including any prescriptions, or his or her
				  responsibility or control over those records with or to any entity that is not
				  itself licensed by the Division unless the entity is a "covered entity" under
				  HIPAA. The optometrist may transfer custody of his or her records including
				  prescriptions to a covered entity under HIPAA so long as the covered entity has
				  designated an Illinois licensed optometrist or ophthalmologist as the custodian
				  of the records. In this case, the optometrist shall receive copies of any
				  records of his or her patients upon request as needed for continued patient
				  care. The original records shall be available to the optometrist for compliance
				  with statutory and regulatory requirements or for use in other legal
				  proceedings. In no case may records remain in the custody of a non-licensed
				  individual. A custodian named under this Section shall be reported to the
				  Department and shall be responsible for compliance with all laws regarding the
				  maintenance of records.
2)
				Optometric Practice of an Employee of a Non-Medical Entity Not Licensed by the
				Division or the Department of Public Health
A)
				A licensed optometrist shall maintain responsibility and control over all
				records, including any prescriptions, relating to the patients examined while
				they are employed. All such patient records shall remain confidential, except
				as otherwise provided by law, and shall be kept under the supervision of the
				licensed optometrist in compliance with this Section, Section 6 of the Act,
				HIPAA and Section 1320.90. However, a person, firm or corporation who is a
				covered entity under HIPAA may maintain patient records under the supervision
				of the optometrists employed by the covered entity pursuant to Section 8 of the
				Act.
B) If the optometrist leaves
				the employ of the non-medical entity, the patient records, including any
				prescriptions, shall remain with the employer on the condition that an Illinois
				licensed optometrist or ophthalmologist is named by the employer as the
				custodian for the purpose of keeping the records in compliance with HIPAA and
				the Act. All such records shall maintain patient confidentiality pursuant to
				HIPAA. The previously employed optometrist shall receive copies of any records
				of his or her patients upon request as needed for continued patient care. The
				original records shall be available to the optometrist for compliance with
				statutory and regulatory requirements or for use in other legal proceedings. In
				no case may records remain in the custody of a non-licensed individual. A
				custodian named under this Section shall be reported to the Department and
				shall be responsible for compliance with all laws regarding the maintenance of
				records.
3) Optometrists
				Employed by Other Division Licensees
Patient records, including any prescriptions, are the
				  property and responsibility of the examining optometrist, except when the
				  examining optometrist is employed by an optometrist or ophthalmologist. In this
				  circumstance, the patient records are the property and responsibility of the
				  optometrist or ophthalmologist who employs the optometrist, or remain the
				  property and responsibility of the examining optometrist if agreed to by both
				  parties under contract or other written agreement. In all circumstances,
				  records must be available to the original optometrist for continued patient
				  care and for compliance with statutory and regulatory recordkeeping
				  requirements.
4)
				Multidiscipline Group Practice
The records including prescriptions relating to the patients
				  of a multidisciplinary group of licensed optometry care professionals, or
				  relating to the patients of a partnership or professional association, may be
				  maintained by the group practice, partnership or professional association on
				  behalf of all licensed optometrists employed by the group practice, partnership
				  or professional association. The optometrist may transfer ownership of his or
				  her records, including any prescriptions, to another licensed optometrist or
				  group of optometrists provided that the records are available to the original
				  optometrist for continued patient care and for compliance with statutory and
				  regulatory recordkeeping requirements.
5) Hospital, Clinic or Nursing Home Facility
				Practice
If an optometrist examines or writes a prescription for a
				  patient in a hospital, clinic or nursing home, he or she may elect to utilize
				  the recordkeeping system of the facility, if he or she determines that the
				  system is accurate and secure and the records are available to the optometrist
				  for compliance with statutory and regulatory recordkeeping
				  requirements.