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MANAGING YOUR PRACTICE: Ownership and Control Medical Records

By Carson & Adkins
FOA General Counsel

The ownership and control of patient records is governed by section 456.057, Florida Statutes. "Records owner" is defined as any health care practitioner who generates a medical record after making an examination, administering treatment, or dispensing legend drugs to any person. In the case of a group practice, the records owner could be the health care practitioner’s employer. However, section 463.014(1), Florida Statutes, prohibits any optometrist from being employed by a corporation, organization, or person, unless the employer is a licensed health care professional whose primary objective is the diagnosis and treatment of the human body.

Section 456.057 is also explicit in its statement that a "records owner" does not include opticians and optical establishments, and that such persons or entities are not authorized to acquire or own medical records.

Records owners are required by section 456.057(9) , Florida Statutes, to develop and implement policies, standards, and procedures to protect the confidentiality and security of the medical record. Employees of records owners must also be trained in these policies, standards, and procedures.

Optometrists who violate these provisions are subject to discipline by the Board of Optometry.