The purpose of the amendment is to clarify that electronic signatures meet the requirements for medical records and set forth the type of electronic signatures that meet the requirements of the rule.

 

DEPARTMENT OF HEALTH
Board of Optometry

RULE NO: RULE TITLE
64B13-3.003: Patient Records; Transfer or Death of Licensed Practitioner
PURPOSE AND EFFECT: The purpose of the amendment is to clarify that electronic signatures meet the requirements for medical records and set forth the type of electronic signatures that meet the requirements of the rule.
SUBJECT AREA TO BE ADDRESSED: Patient Records; Transfer or Death of Licensed Practitioner.
SPECIFIC AUTHORITY: 456.058, 463.005(1)(a), (d) FS.
LAW IMPLEMENTED: 456.057, 456.058, 463.005(1)(a), (d) FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Joe Baker, Jr., Executive Director, Board of Optometry, 4052 Bald Cypress Way, Bin C07, Tallahassee, Florida 32399-3259

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

64B13-3.003 Patient Records; Transfer or Death of Licensed Practitioner.

(1) The licensed practitioner must legibly sign the entry in his or her records for each patient encounter. If the practitioner maintains electronic patient records, the practitioner may affix an electronic signature which can be generated by using either public key infrastrucure or signature dynamics technology, and meets the following criteria:

(a) The electronic signature is unique to the person using it;

(b) The electronic signature is capable of verification;

(c) The electronic signature is under the sole control of the person using it;

(d) The electronic signature is linked to the record in such a manner that the electronic signature is invalidated if any data in the record are changed.

(2)(1) A licensed practitioner shall maintain full and independent responsibility and control over all records relating to his or her patients and his or her optometric practice. The licensed practitioner must legibly sign the entry for each patient encounter. All such records shall remain confidential except as otherwise provided by law and shall be maintained by the licensed practitioner in compliance with Rule 64B13-3.001, F.A.C. For the purposes of this rule, “maintain full and independent responsibility and control” means that the records shall be maintained in the licensed practitioner’s office or solely in the possession of the licensed practitioner, and that the licensed practitioner shall not share, delegate, or relinquish either possession of the records or his or her responsibility or control over those records with or to any entity which is not itself a licensed practitioner.

(7)(2) No change.

Specific Authority 456.058, 463.005(1)(a), (d) FS. Law Implemented 456.057, 456.058, 463.005(1)(a), (d) FS. History–New 11-13-79, Amended 12-19-84, 4-8-85, Formerly 21Q-3.03, Amended 12-16-86, 7-11-88, Formerly 21Q-3.003, 61F8-