Current through Register 1536, December 6, 2024
Section 5.03 - Record-keeping Requirements(1) A licensed dispensing optician shall establish and maintain a separate, adequate, legible and accurate written service record for each person for whom he or she prepares or dispenses ophthalmic lenses, spectacles, eyeglasses, contact lenses, or appliances related thereto. The record shall be kept in chronological order in the office where the licensed dispensing optician rendered such services, or in the office of the optical goods establishment from which such items were dispensed, if different. Record entries shall be made contemporaneously with the performance of the function or service being documented. Each such entry shall be signed by, or shall otherwise adequately identify, the licensed dispensing optician who provided, or supervised the provision of, that function or service. Such records shall include, at a minimum, documentation of the following:(a) The name, address and telephone number of the person to whom the record pertains;(b) The date on which each function or service documented in the record was performed, and the name and license number of the individual who provided or performed that function or service;(c) All eyeglass prescriptions and contact lens prescriptions presented to the licensed dispensing optician at that location by or for the person to whom the record pertains; and(d) All documentation required by 235 CMR 5.02(2).(2) Except as provided in 235 CMR 5.03(3) or (4), such service records and all information contained therein shall be kept confidential to the extent provided by state or federal law.(3) Upon the written request of the person receiving the services, that person's authorized legal representative, or, in the case of an unemancipated minor, the service recipient's parent or legal guardian, a licensed dispensing optician shall furnish a complete copy of that person's service records, including all supporting documentation and reports, to the party authorized to receive it. A reasonable fee may be charged for this service.(4) A licensed dispensing optician shall furnish to the Board or its duly authorized represen-tative a complete copy of a service recipient's service record upon written request. No fee may be charged for this service.(5) No person shall be required to sign any release from liability or waiver as a condition for the receipt of his or her service record pursuant to 235 CMR 5.03(3).(6) Service records shall be maintained for a period of not less than five years from the date of the last client encounter or professional consultation with the client.(7) Violation of any provision of 235 CMR 5.03 shall be considered sufficient grounds for disciplinary action by the Board pursuant to M.G.L. c. 112, § 73H.