Rule 30-2901-8.6 - Confidentiality(a) Confidential Information; Disclosure. (1) An optometrist shall keep in confidence whatever he or she may learn about a patient in the discharge of his or her professional duties. All reports and records relating to the patient, including those records relating to the identity, examination, and treatment of the patient, shall constitute "patient records." Except upon written authorization of the patient or as otherwise provided by law, such records may not be furnished to and the condition of the patient may not be discussed with any person other than the patient or his legal representative or other health care providers who are involved in the diagnosis and treatment of that patient. Provided, however, that this shall not prohibit an optometrist from providing copies of a patient prescription.(2) It is the responsibility of an optometrist to insure that his/her employees, as well as any personnel who are not his/her employees but who are performing assigned ministerial duties, tasks, and functions, do not violate the confidentiality of patient records.(b) Responsibility to patient.(1) An optometrist shall have an established procedure appropriate for the provision of eye care to his/her patients in the event of an emergency outside of normal professional hours, and when the optometrist is not personally available.(2) An optometrist shall give notice to the patient when he/she relocates his/her practice or withdraws his/her services so that the patient may make other arrangements for his/her eye care. Notice to the patient shall specifically identify the new location of the optometrist's practice or the location at which the patient may obtain his or her patient record.(c) Patient Records; Transfer or Death of Optometrist.(1) An optometrist shall maintain full and independent responsibility and control over all records relating to his/her patients and his/her optometric practice. All such records shall remain confidential except as otherwise provided by law and shall be maintained by the optometrist in compliance with Section (a) above. For the purposes of this rule, "maintain full and independent responsibility and control" means that the records shall be maintained in the optometrist's office or solely in the possession of the optometrist, and that the optometrist shall not share, delegate, or relinquish either possession of the records or his/her responsibility or control over those records with or to any entity which is not itself an optometrist.(2) The records relating to the patients of a multi-disciplinary group of optometrist 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 optometrists employed by the group practice, partnership, or professional association.(3) For the purposes of this rule, "entity which itself is not an optometrist" shall refer to any corporation, lay body, organization, individual, or commercial or mercantile establishment which is not an optometrist or which is not comprised solely of licensed health care professionals, the primary objective of whom is the diagnosis and treatment of the human body.(4) For the purpose of this rule, "commercial or mercantile establishment" shall include an establishment in which the practice of opticianry is conducted, and an establishment in which optical goods are sold.(5) An optometrist shall keep patient records for a period of at least two years. Upon the discontinuance of his/her practice, the optometrist shall either transfer all patient records which are less than two years old to an eye care practitioner where they may be obtained by patients, or he/she shall keep them in his/her possession and make them available to be obtained by patients.(6) An optometrist who retires or otherwise discontinues his/her practice shall cause to be published in the newspaper of greatest general circulation in each county where the optometrist practiced, a notice indicating to his/her patients that the optometrist's patient records are available from a specified optometrist at a certain location. The notice shall be published once during each week for four (4) consecutive weeks. A copy of the published notice shall be delivered to the board office for filing.(7)(a) Optometrists shall arrange to have his/her executor, administrator, personal representative or survivor arrange to retain or transfer to another licensed eye care practitioner the records concerning any patient of the deceased optometrist within 90 days from the date of death of the optometrist.(d) The executor, administrator, personal representative or survivor o r licensed eyecare practitioner acting as transferee shall arrange within 90 days from the death of the optometrist to cause to be published in the newspaper of greatest general circulation in each county where the optometrist practiced, a notice indicating to the patients of the deceased optometrist the location at which whose patients may obtain their patient records. The notice shall be published once during each week for four (4) consecutive weeks. A copy of the published notice shall be delivered to the board office for filing.30 Miss. Code. R. 2901-8.6