O-6, r. 13 - Regulation respecting the keeping of records and offices of dispensing opticians

Updated to 1 September 2012

This document has official status.

chapter O-6, r. 13

Regulation respecting the keeping of records and offices of dispensing opticians

Dispensing Opticians Act

(chapter O-6, s. 3).

Professional Code

(chapter C-26, s. 91).

DIVISION I DEFINITIONS AND INTERPRETATION

1.01. In this Regulation, unless the context indicates otherwise,

(a)  “Order” means the Ordre des opticiens d’ordonnances du Québec;

(b)  “dispensing optician” means any person whose name is entered on the roll of the Order;

(c)  “office” means the place where a dispensing optician provides professional services.

Decision 83-02-09, s. 1.01.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

Decision 83-02-09, s. 1.02.

1.03. Nothing in this Regulation may be interpreted as excluding the use of data processing or any other technical means in constituting and keeping the records of a dispensing optician provided their confidentiality is respected.

Decision 83-02-09, s. 1.03.

1.04. Division III applies only to the office where a dispensing optician practises on his own behalf or on behalf of a dispensing optician or a partnership of dispensing opticians.

Decision 83-02-09, s. 1.04.

1.05. Notwithstanding section 1.04, section 3.02 applies to all dispensing opticians.

Decision 83-02-09, s. 1.05.

DIVISION II KEEPING OF RECORDS

2.01. Subject to section 2.07, a dispensing optician must keep, at the place where he practises his profession, a record for each of his clients.

Decision 83-02-09, s. 2.01.

2.02. A dispensing optician must enter the following items and information in each record:

(a)  the date of opening the record;

(b)  the client’s first and last names at birth, his address, telephone number, date of birth, sex and social insurance number;

(c)  a summary description of the reasons for the visit;

(d)  a description of the optical products provided and professional services rendered, particularly, the steps required for filling the prescription and their date;

(e)  the recommandation made to the client;

(f)  the prescription, annotations, correspondence and other documents pertaining to the professional services rendered; and

(g)  the signature or the initials of the dispensing optician who rendered the professional services.

Decision 83-02-09, s. 2.02.

2.03. The dispensing optician must keep each record up-to-date until he ceases to render professional services to the person concerned by that record.

Decision 83-02-09, s. 2.03.

2.04. The dispensing optician must keep each record for at least 5 years from the date of the last service rendered.

Decision 83-02-09, s. 2.04.

2.05. The dispensing optician must keep his records in a room or cabinet which is not readily accessible to the public and which may be locked by means of a key or otherwise.

Decision 83-02-09, s. 2.05.

2.06. Where a client withdraws a document or a copy of a document from his record, the dispensing optician must insert in that record a note signed by the client indicating the nature of the document and the date on which it is withdrawn.

Decision 83-02-09, s. 2.06.

2.07. Where a dispensing optician practises his profession through a legal person referred to in section 13 of the Dispensing Opticians Act (chapter O-6) or is employed by such legal person or by a retailer referred to in subparagraph a of the second paragraph of section 15 of that Act, the records kept by that legal person or employer concerning the persons for whom services are rendered by the dispensing optician are considered, for the purposes of this Regulation, the records of the dispensing optician if he may enter therein the items or information referred to in section 2.02; if he cannot do so, he must keep a record for each of those persons.

Decision 83-02-09, s. 2.07.

DIVISION III KEEPING OF OFFICES

3.01. The office must be equipped with the instruments appropriate to the professional practice of a dispensing optician.

Decision 83-02-09, s. 3.01.

3.02. The dispensing optician must post his permit in public view.

Decision 83-02-09, s. 3.02.

3.03. A dispensing optician may not keep in his office anything other than ophthalmic lenses, frames, optical products and products used for their maintenance.

Decision 83-02-09, s. 3.03.

3.04. A dispensing optician who is absent from his office for more than 5 consecutive working days must take the necessary measures to inform the persons who attempt to contact him of the length of his absence.

Decision 83-02-09, s. 3.04.

3.05. The dispensing optician must place in public view in the place referred to in section 3.01 a copy of the Code of ethics of dispensing opticians (chapter O-6, r. 3) and of the Regulation respecting the procedure for the conciliation and arbitration of accounts of dispensing opticians (chapter O-6, r. 11). He must also write on each of those regulations the address of the Order.

Decision 83-02-09 s. 3.05.

DIVISION IV FINAL PROVISION

4.01. (Omitted).

Decision 83-02-09, s. 4.01.

REFERENCES

Decision 83-02-09, 1983 G.O. 2, 1706