document retention

**Judy Canty** · 02-23-2005, 12:00 PM

Is there a legal requirement for document retention? I'm trying to decide how long to store lab invoices.

**Spexvet** · 02-23-2005, 12:02 PM

Originally Posted by Judy Canty

Is there a legal requirement for document retention? I'm trying to decide how long to store lab invoices.

NJ requires we keep the original of the Rx for six years. Accounting/tax information is different. Lab invoices - you might want to keep them as long as any warranties?

**drk** · 02-23-2005, 01:06 PM

http://fcicsearch.aspensys.com/FCIC/..._retention.htm

**jediron1** · 02-23-2005, 05:34 PM

NY requires that you keep documents pertaining to the patients records for 6 years. Childrens records we must keep until the child turns 22 even if that is more than 6 years. But get this, at the N.Y. State Ophthalmic Dispensing site

there is a provision that says:
The sale of cosmetic contact lenses does not require a prescription from a licensed practitioner, under sections 7101 and 7106 (2) of New York Education Law.

I never knew that was in N.Y. State law, I always thought you needed to be seen by the doctor before giving out cosmetic lenses.

**1968** · 02-23-2005, 06:19 PM

Originally Posted by jediron1

The sale of cosmetic contact lenses does not require a prescription from a licensed practitioner, under sections 7101 and 7106 (2) of New York Education Law.

That is interesting. It should be noted that that is an excerpt from an FAQ on the Office of Professions’ website, http://www.op.nysed.gov/odfaq.htm, and not a true legal provision. At the top of the page it states: “These frequently asked practice questions are intended to provide general guidance and are not a substitute for consulting the appropriate laws, rules or regulations or a qualified attorney. The laws, rules and regulations are available at the link on the left (i.e. http://www.op.nysed.gov/article143.htm ).”

New York law may not prevent cosmetic contact lenses from being sold without a prescription, but I don’t see where Sections 7101 and 7106 state or could be interpreted as stating that the sale of cosmetic contact lenses does not require a prescription from a licensed practitioner. Anyone else want to check out the link to Sections 7101 and 7106 and comment?

**chip anderson** · 02-23-2005, 07:51 PM

Here we have to keep Rx and opthalmic and CL records for five years (can't fill them after 2 though). Some tax records receipts, etc. you must keep "forever."

**Bev Heishman** · 02-23-2005, 09:55 PM

In PA most chains keep for 3 years and dispose. This is the same for the IRS.

I log my invoice number and origin in my log. If I remember correctly the law used to say product liability if you are finishing your own work is 7 years. By tracking the number in my log and the computer records I keep, I feel comfortable shredding my invoices after 3 years.

**Joann Raytar** · 02-23-2005, 10:25 PM

http://www.dhp.state.va.us/optometry/optometry_faq.htm

How long are we responsible for patient records?
5 years from the date of the last visit.

**hcjilson** · 02-24-2005, 08:01 AM

MA is going to 5 years when the new regs are adopted.Optometrists, however, require 7 years. Physicians in MA are required to keep them for 7 years.

**shanbaum** · 02-24-2005, 10:18 AM

Originally Posted by 1968

That is interesting. It should be noted that that is an excerpt from an FAQ on the Office of Professions’ website, http://www.op.nysed.gov/odfaq.htm, and not a true legal provision. At the top of the page it states: “These frequently asked practice questions are intended to provide general guidance and are not a substitute for consulting the appropriate laws, rules or regulations or a qualified attorney. The laws, rules and regulations are available at the link on the left (i.e. http://www.op.nysed.gov/article143.htm ).”

New York law may not prevent cosmetic contact lenses from being sold without a prescription, but I don’t see where Sections 7101 and 7106 state or could be interpreted as stating that the sale of cosmetic contact lenses does not require a prescription from a licensed practitioner. Anyone else want to check out the link to Sections 7101 and 7106 and comment?

I can't find any reference to non-prescription or cosmetic contact lenses in New York statutes, cases, or rules.

It could be that the opticians' board asked the AG's office for an opinion on how to handle the situation in which there is no prescription, and this was their response.

It still appears to be the case that fitting any contact lenses, including cosmetic lenses, can only be performed by a physician, optometrist, or ophthalmic dispenser certified to do so - though, in New York, even ophthalmic dispensers certified to fit contacts must do so "under the personal supervision of a licensed physician or optometrist", so I'm not sure exactly what the significance of not requiring a prescription is, especially given the following administrative rule:

Section 67.5 Supervision of fitting contact lenses.

Personal supervision by a physician or optometrist in the fitting of contact lenses pursuant to section 7121 of the Education Law shall mean:

(a) the prescribing physician or optometrist is physically present during the fitting of contact lenses; or

(b) if the prescribing physician or optometrist is not physically present during the fitting of contact lenses:

(1) the ophthalmic dispenser fills the written prescription of a physician or optometrist in which the refractive error of the eye at a vertex distance is indicated, and which does not require the making of a molded impression of the eye in connection with the fitting of contact lenses. Such prescription may not be modified without confirmation in writing by the supervising physician or optometrist which shall be filed by the ophthalmic dispenser with the original prescription; and

(2) the ophthalmic dispenser shall direct the patient to return to the supervising physician or optometrist who shall check the fit and accuracy of the lenses prior to discharge by the physician or optometrist.

Molded impression of the eye? Was that part of the process of fitting scleral lenses?

**jediron1** · 03-01-2005, 09:12 PM

Shanbaum did some research so I thought I would add mine. I wrote a note to the N.Y. State Opticians board to find out what they would say about this issue of cosmetic lenses, this is the note I sent:

If someone comes into my practice and wants cosmetic lenses is it in my scope as an Ophthalmic Dispenser licensed in N.Y. that I can sell them a cosmetic lens without seeing a Doctor? If I can what ramifications are there if they have a medical problem?

This is what they wrote back:

The sale of cosmetic contact lenses does not require a prescription from a licensed practitioner at this time and there are no restrictions as to who can sell or fit them. If there are medical problems, no clear statement can be made concerning your license or whether you could be charged with professional misconduct - there are too many added factors to consider.

Very interesting note from the Opticians board of N.Y. I would not put my license on the line, but it seems from there interpretation you can sell cosmetic lenses without the patient seeing or getting an RX from a Doctor, MD or OD.

**shanbaum** · 03-02-2005, 08:00 AM

I'd be interested to know who at the state board signed that, and on what they based that opinion.

**jediron1** · 03-02-2005, 08:24 AM

Shanbaum, the only thing I got was there address:

ODBD [ODBD@MAIL.NYSED.GOV]

Which is the State site for Ophthalmic Dispensing and I believe the other professions. I checked again, it is under the Office Of the Professions New York State Education Department! I was wondering if anyone has tried selling these without a Doctor's RX? Especially in N.Y.

**varmint** · 03-02-2005, 08:44 AM

Regardless of what NY board says, does it not state "Federal law prohibits dispensing without a prescription" on any & all contact lens packaging?

**jediron1** · 03-12-2005, 08:46 AM

Varmint said:

Regardless of what NY board says, does it not state "Federal law prohibits dispensing without a prescription" on any & all contact lens packaging?

I will look into that, because I don't think it say's that on "COSMETIC" lenses!
But I could be wrong!
Shanbaum: Have you found out anything more? I would be interested to know!

**JerryR** · 03-12-2005, 10:13 AM

If you are provider for medicare, they require records to be kept for 7 years

**shanbaum** · 03-13-2005, 07:36 AM

Originally Posted by jediron1

Shanbaum: Have you found out anything more? I would be interested to know!

Not yet - haven't had time. Maybe this week...

**jediron1** · 03-13-2005, 11:47 AM

Thanks Shanbaum. I know we have had our differences in the past but I do respect your research and honest answers and you are not afraid to tell it like it should be told. Good luck on your research! I also sent another question to the state board to see if they would elaborate on this cosmetic lens issue. I will let you know what answer they give me.