Who owns the Patient Files at commerical establishments?

[Mixin Marc]

---

Members do not see this ad.

Who is the owner of the patient files if you work at any of the commerical establishments?
(Lens Crafters, America's Best, Visionworks, Pearle Vision, Walmart, Sears)

 

[cpw]

It depends on the the state. For most states, to be truly independent those charts are yours.

 

[KHE]

Who is the owner of the patient files if you work at any of the commerical establishments?
(Lens Crafters, America's Best, Visionworks, Pearle Vision, Walmart, Sears)

You should check with your state board on this, but in almost all states, it is actually the patient who "owns" the record and the doctor merely acts as custodian for them. In that sense then, it is the doctors responsibility to maintain control of the charts if they leave a commercial establishment.

A small number of states do allow corporations to employ doctors directly, so you really should check with the state board for whatever state you are concerned about.

 

[Mixin Marc]

You should check with your state board on this, but in almost all states, it is actually the patient who "owns" the record and the doctor merely acts as custodian for them. In that sense then, it is the doctors responsibility to maintain control of the charts if they leave a commercial establishment.

A small number of states do allow corporations to employ doctors directly, so you really should check with the state board for whatever state you are concerned about.

What if someone was employed by Lenscrafters or America's Best where the doctor just works for the company, and decides to leave? Can the doctor legally take all the patient charts?

 

[KHE]

What if someone was employed by Lenscrafters or America's Best where the doctor just works for the company, and decides to leave? Can the doctor legally take all the patient charts?

In that situation, the answer is likely NO. But again, check with your state board in the state you are concerned about.

 

[362.04]

Mixin Marc,

Are you a subcontractor to an OD lease holder? if you are, then those records belong to the OD lease holder.