La. Admin. Code tit. 46 § LI-115

Current through Register Vol. 50, No. 9, September 20, 2024

Section LI-115 - Patient Records

A. All medical records of a patient, including but not limited to prescriptions, files, patient records and business records, maintained in the office of an optometrist are the property and business records of the optometrist.

B. An optometrist shall furnish each patient, upon request of the patient, or his or her legal representative, a copy of any information related in any way to the patient which the optometrist has transmitted to any company, or any public or private agency, or any person in accordance with R.S. 40:1299.96.

C. A patient, or his or her legal representative, shall have a right to obtain a copy of any medical records relating to the patients medical treatment, history, or condition, including but not limited to any unexpired prescription, in accordance with R.S. 40:1299.96, provided, however, a patient shall not be entitled to obtain business records of the optometrist.

D. A patient, or his or her legal representative, shall be entitled to obtain a copy of such patient's medical records in accordance with Subsections B and C of this Section, upon furnishing a signed authorization and upon payment of a reasonable copying charge, not to exceed $1 per page for the first 25 pages, $0.50 cents per page for 26 to 500 pages, and $0.25 cents per page thereafter, a handling charge not to exceed $5, and actual postage in accordance with R.S. 40:1299.96. A patient shall have a right to obtain copies of patient X-rays upon payment of reasonable reproduction costs.

E. In the event medical records furnished to a patient pursuant to this Section are not complete, the copy of the records furnished hereunder may indicate, through a stamp, coversheet, or otherwise, that the record is incomplete in accordance with R.S. 40:1299.96.

F. An optometrist shall not falsely create or alter a medical record or destroy a medical record except as authorized by law.

La. Admin. Code tit. 46, § LI-115

Promulgated by the Department of Health and Hospitals, Board of Optometry Examiners, LR 32:631 (April 2006), Amended by the Department of Health, Board of Optometry Examiners, LR 441247 (7/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1048.