I have a small question.
If an Optometrist was employed by an optical establishment doing eye exams for them. If the doctor leaves the job is he/she entitled to take exam records or copy of them with him/her?
The doctor was performing medical and routine exams!:drop:
Legally, who knows.
As a practical matter the records belong to whoever has them in their physical posession. If the records are of any value to you take posession of the filing cabinet, hard drives or whatever and move them off site before you fire the OD.
If you want to be a real dick head you can postpone any legal action for a few years which will render their value worthless.
If
Last edited by sandeepgoodbole; 08-15-2009 at 05:22 PM. Reason: Errors
If u have originals, then, thank Satan for lesser damages. If u can pay for getting back what ever, Thank God. Else, Find out worth of suing the Satan Carrier. Read your contracts, fore cast the costs of the one Who Knows,Legally . Share your angle with the New Employer of the Satan Carrier face to face.
Probably depends on the State/Country/Province. But it is my general understanding that the records are that of the doctor's.
They have this think called a contract, if you and the O.D. didn't have one who knows. If you did, it depends on what the contract says.
However if the O.D. was an employee paid by you they are probably yours. If you had one of those free rent and he charged direct for services, they are probably his.
Chip
good point about the contract and better point about contracted out employee versus in house on.Originally Posted by chip anderson
Considering the optical is not owned by an od or md I doubt a court would allow it to keep medical records. I would take rbaker's advice if a doctor tried to take my charts.
This is a rather grey area sometimes. If we employ an OD or ODs (as we do) and they decide to leave they will take some records. Usually it is their family and friends. That is acceptable. When I have left a position I will make copies of the same records and take them with me. It has never been an issue. If the OD downloads a large number of patient records that are not personally related there is an issue. The records belong to the corporation unless otherwise established via contract.
Sandeep:
Is Satan Carrier the phrase for optometrist in India?
Chip
Last edited by chip anderson; 08-15-2009 at 09:56 PM. Reason: a
I think that the records are the most over-rated "asset" an optical practice has.
Give me a mass mailing data base anyday.
Ophthalmic Optician, Society to Advance Opticianry
In Alabama you have to be an MD or OD to hire an OD, and the records would belong to the employer. I would say there are 2 questions:1) can you legally hire the OD (I assume this would be a yes in your case) and 2) does the state law stipulate who the records belong to (usually the info belongs to the patient and the record belongs to the doctor....or I guess the employer, as long as you are legally allowed to own the records). Interesting question. Let us know what your attorney says....I'm curious what your state laws say.
Seems as this time no explaination was needed, the term is Universal.
Irrespective of profession, when due to Psycho Cerebral Swelling infection caused by Satan, makes any body percieve to be the absolute owner of things belonging to others,, he becomes a Satan Carrier !
different country/zone
different situation
I serious agree
professional advise
www.ophthalmetry.com
:angry::angry: A concept universally accepted along the old Silk Road (now from the Ukraine through India, and then into China). I believe that Boryshko employed a Satan Carrier. In fact, I think he WAS a Satan Carrier.
Seems to be some controversy over who can own records. Hospitals, clinics, prosthetic shops, and optical shops own records. One does not have to be a doctor to own records. Doctors come and go at clinics all the time (pity, but medicine has changed).
When I left a medical practice to become independent, one of the good doctors was going to give me my records. Unfortunately he sold the practice just before I left and his partner charged me $15,000 for my records of my contact lens patients. Records are bought and sold all the time although one can't sell records or practices for much anymore.
Just because Dr. X leaves clinic Y doesn't mean he takes the records with him, especially if he is leaving the area.
Chip
My understanding of it is pretty much this. Independent doctors with a lease maintain charts and have the right to take them with if they leave. Doctors employed by a practice have no such rights, as the charts belong to the practice that employed them. It's like if your internist changes practices, the original practice still has your records.
OK Lenny, here's what I would do:
Talk to a lawyer !!!
They know more than opticians about this. It may cost a bit more, but could be cheaper if you get sued.
:cheers:
So far this is what I gathered!
In NY the establishment ownes records.
The Doctor has the right to have copy of the records of the patients that were seen.
Now what I still can't get the answer for is
Can the doctor leaving the practice solicit the patients that belong to optical establishment? Legaly and ethicaly?!
What does ethics have to do with eye doctors in the last three decades?
Legally is all you are concerned with here.
Chip
you supply the paper the records are on it is your paper and they cannot take it. They may or may not be allowed to copy them. I feel the same as Johns, they are not really that important to a retail store.
Lenny, give me a good mailing list (snail, E, or otherwise) and I can solicit your patients all day long.
Somebody owns the records, nobody owns the patients.
Ophthalmic Optician, Society to Advance Opticianry
What does your contract with the good doctor say? (PLEASE tell me you put it in writing!)
Sounds like Mr. Anderson doesn't like eye doctors too much. Too bad, I'll bet we would have gotten along just fine!Originally Posted by chip andersonWhat does ethics have to do with eye doctors in the last three decades?
Legally is all you are concerned with here.
Chip
Case law generally follows that if the provider is employed as an employee, the records belong to the employer. However, if the relationship is one of independent contractor, then it doesn't matter if the "employer" is an MD, OD, or LDO/RDO. It is clear that the records belong to the leaving doctor.
For the past 23 years, I have worked with ODs on a private contractor basis. One of them, whose wife happened to be an attorney, came to me (before he started) and asked me to review and sign,an 8 page agreement. I handed it back to him and said, "I don't think this is the right place for you."
I have hand shake agreements w/all my ODs (currently 14), and tell them that if they desire, they can take all of their records, anytime they wish. For awhile, one of them took her records home everynight, and kept them in her home office. Fine with me. Eventually, it was a pain for her to manage, and they are now "pooled" w/ our other ODs records at the practice.
We scan all the records into the patients files, and then shred the hard copy. If the ODs want the hard copy, they are welcome to it. None of them do. Their main concern is that they will be compliant w/ our state laws that say the records must be secure, and must be made available to the patient or anybody else with a need to know.
Frankly, it would be nice if the doctor's maintained their own records, but since we are all using the same software, I don't mind doing it for them. I want to make their job as easy as possible, I want them to make as much money as they can, and I want them to be happy.
Ophthalmic Optician, Society to Advance Opticianry
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