Oregon Administrative Rules › Chapter 852 - BOARD OF OPTOMETRY › Division 10 - GENERAL › Section 852-010-0051 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Optometric
			 physicians must keep complete and accurate records for each patient, including,
			 but not limited to, case histories, examinations, diagnostic and therapeutic
			 services, prescriptions, instructions for home therapies, referral
			 recommendations and any other information required to make the record complete.
			 Patient records must be sufficiently detailed and legible so that an
			 appropriate provider could continue care without requiring additional
			 information and without detriment to the patient. It is unprofessional conduct
			 to keep incomplete or inaccurate records for a patient.
(2) Retention Schedule: A patient's records
			 must be kept in an accessible print or electronic format. The records must be
			 controlled by an Oregon-licensed optometric physician and kept for a minimum of
			 seven years from the date of the last office visit or pertinent clinical
			 notation on the record. If a patient is a minor, the records must be kept seven
			 years or until the patient is 21 years of age, whichever is longer.
(3) When changing practice locations, closing
			 a practice location, selling a practice or retiring, an optometric physician
			 must retain patient records for the required amount of time or transfer the
			 custody of patient records to a doctor of optometry licensed and practicing
			 optometry in Oregon. Transfer of patient records pursuant to this section of
			 this rule must be reported to the Board in writing within 14 days of transfer,
			 but not later than the effective date of the change in practice location,
			 closure of the practice location or retirement. It is unprofessional conduct
			 for a doctor of optometry not to retain and release patient records or fail to
			 transfer the custody of patient records as required in this rule.
(4) Telehealth patient records must be
			 transferred to an Oregon licensed optometrist at the time the telehealth
			 provider stops providing patient care in Oregon.
(5) Upon the death or permanent disability of
			 an optometric physician, the administrator, executor, personal representative,
			 guardian, conservator or receiver of the former optometrist must notify the
			 Board in writing of the management arrangement for the custody and transfer of
			 patient records. This individual must ensure the security of and access to
			 patient records by the patient or other authorized party, and must report
			 arrangements for permanent custody of patient records to the Board in writing
			 within 90 days. Transfer of patient records to another Oregon-licensed
			 optometric physician must occur within one year of the death or permanent
			 disability of the optometric physician.
(6) Optometric physicians must provide copies
			 of records or detailed summaries of records within 14 calendar days of the
			 written request of the patient or by a person holding a valid release from the
			 patient (a recommended sample release form is provided in ORS
			 192.566). The patient may
			 request all or part of the record. A summary may substitute for the actual
			 record only if the patient agrees to the substitution.
(7) Optometric records do not include
			 personal office notes of the optometric physician or personal communications
			 between referring or consulting physicians.
(8) Optometric physicians must preserve a
			 patient's records from unauthorized disclosure and may release them only as
			 authorized by federal and state laws and rules.
(9) Optometric physicians may establish
			 reasonable charges to patients for copies of their records and for faxing
			 prescriptions by long distance phone services, or for any unusual mailing or
			 handling costs per ORS
			 192.521
(10) Optometric physicians must release
			 copies of patient prescriptions without additional charges and may not withhold
			 release of patient records or additional copies of prescriptions for lack of
			 payment for prior services or goods.
Statutory/Other Authority: ORS 683 & 182
Statutes/Other Implemented: ORS
				  683.140 & 683.270 &
				  182.466