Current through Register Vol. 56, No. 18, September 16, 2024
(a) Licensees shall prepare and maintain
contemporaneous, legible, permanent professional treatment and billing records made to patients or
third-party carriers for professional services. All treatment records, bills and claim forms shall accurately
reflect the treatment of services rendered. Treatment and billing records shall be maintained for a period of
not less than seven years from the date of the most recent entry.
(b) To the extent applicable, professional treatment records shall contain,
in addition those findings required by the minimum examination as set forth in
13:38-2.1:
1. The dates of all
patient visits, examinations, and treatments;
2. The patient
complaint or reason for visit;
3. The patient history;
4. The findings of the examination;
5. Progress notes;
6. Any
orders for tests or consultations and the results thereof;
7.
Diagnosis or impression;
8. Complete eyeglass, contact lens, or
pharmaceutical prescriptions;
9. The treatment or plan initiated,
including specific dosages, quantities and strengths of medications, including the number of refills, if
prescribed, administered or dispensed, and recommended follow-up;
10. The identity of the optometrist providing treatment and the name of the
person dispensing eyeglasses, contact lenses, or issuing pharmaceutical prescriptions to the
patient;
11. Documentation when, in the reasonable exercise of
the optometrist's judgment, the communication of examination results is necessary and action needs to be
taken but reasonable efforts made by the optometrist responsible for communication have been unsuccessful;
and
12. Documentation concerning the decision and justification
when, after the required evaluation of a patient for the specifically advertised brand and type of contact
lens which attracted or induced the patient to seek such goods, the patient is fitted with another brand or
type of contact lens.
(c) Corrections, but no
deletions or additions, may be made to an existing record, provided that each entry is clearly identified as
such and initialed and dated by the licensee.
(d) Treatment
records may be prepared and maintained on a personal or other computer but shall be in compliance with the
following criteria:
1. The record shall contain no less than two independent
forms of identification, such as patient name and record number;
2. An entry in a patient's treatment record shall be made by the
optometrist contemporaneously with the optometric service and shall contain all of the information required
in (b) above, and the full printed name of the optometrist providing the care. The system and/or software
shall be set up in such a way that all data and findings must be manually entered and are not entered by
default;
3. The optometrist shall finalize or "sign" the entry by
means of a confidential personal code ("CPC") and include the date of the "signing." In those practices with
multiple licensees, each optometrist shall have his or her own CPC;
4. The optometrist may dictate a dated entry for later transcription. The
transcription shall be identified as "preliminary" until reviewed and finalized as provided in 3,
above;
5. The system used to record the treatment record shall
provide an automatic dating of the entry and prepare an automatic back-up file. No other data or findings may
be entered automatically by the system. Any additional data or findings shall be entered manually each time a
patient's treatment record is updated;
6. The system shall not
allow an entry to be modified in any manner after it is "signed" by means of the CPC. A new entry shall be
required to modify a preexisting entry and signed again by means of the CPC;
7. The system shall have the capability to print on demand a hard copy of
all current and historical data contained in each patient record file;
8. The optometrist shall maintain the safety and security of back-up data
and hard copies maintained off premises; and
9. The optometrist
shall provide to the Board upon request any back-up data and/or hard copies maintained off premises on any
requested patient records, together with the following information:
i. The
name of the computer operating system and patient record management software package containing the requested
patient record files and instructions on using such system;
ii.
Current passwords necessary to access the requested patient record files;
iii. Previous passwords if required to access the requested patient record
files; and
iv. The name of the contact person(s) who provides
technical support for the licensee's computer operating system and patient record management software
package.