N.H. Code Admin. R. Opt 502.02 - Standards of Conduct

Current through Register Vol. 42, No. 14, April 7, 2022

A licensee shall:

(a) Submit only truthful and correct information in any application or other document filed with or statement made to the board;

(b) Inform the board of a principal business address to which all official board communications should be directed, and also of all addresses where she or he is practicing. Licensees shall notify the board of a business address establishment or change, or abandonment of a business address with 30 days of such establishment, change or abandonment;

(c) Make available at the request of any patient a card which bears the following printed information:

"Complaints concerning Optometrists shall be sent to the N.H. Board of Registration in Optometry, 2 Industrial Park Drive, Concord, NH 03301";

(d) Refrain from revealing information acquired in the course of treating a patient unless the patient consents to the release of the information or the release is ordered by a court or other official body with authority to acquire such information;

(e) Not terminate a doctor/patient relationship without 60 days notice, without making arrangements for referral, or when other circumstances exist which could be expected to jeopardize the health or welfare of the patient. However, a licensee shall have no obligation to accept a particular patient or to continue treating a particular patient when discontinuance would not jeopardize the patient's health or welfare;

(f) Accommodate patient requests for a consultation by another practitioner, even if the licensee does not believe such a consultation is necessary;

(g) Maintain absolute honesty in all dealings with patients, and neither knowingly exaggerate nor minimize the gravity of the patient's condition or the chances of recovery;

(h) Provide each patient with the highest degree of skill and care of which he or she is capable, and otherwise maintain the health and welfare of the patient as the paramount objective of his or her practice. Towards this end, the licensee shall continually endeavor to improve his or her skill and knowledge in the field of optometry, keep abreast of new developments in the field, and offer the same good quality of care to each patient the licensee undertakes to treat, regardless of the level of remuneration the patient can provide;

(i) Report persons who attempt to practice optometry without a license or otherwise violate the laws or regulations pertaining to the practice of optometry in New Hampshire;

(j) Make no false statement concerning another optometrist's abilities or method of practice;

(k) Provide an itemized, clearly understandable statement of professional charges to all patients;

(l) Not charge or attempt to charge, through the submission of duplicate invoices or any other scheme or device, any amount in excess of the fee agreed to in advance with the patient for any professional service rendered to that patient;

(m) Not engage in bait and switch advertising;

(n) Not advertise any service as free unless the advertisement in question clearly reveals all services which will be or can be performed at the time of the anticipated office visit, and specifically states, as to each such service, whether it will be free, or, if not, the exact amount which shall be charged for it;

(o) Maintain complete and accurate clinical and business records pertaining to each patient seen for a minimum of 7 years following the last activity on the account;

(p) Promptly, and in all cases within 10 business days, furnish complete and accurate copies of patient records, or in appropriate circumstances, original patient records, upon the patient's request;

(q) Provide a copy of a written prescription for replacement contact lenses to any patient who has met the requirements of RSA 327:25-a. The prescription shall be written on a formal prescription blank with the name and address of the prescribing optometrists or ophthalmologist printed on its face;

(r) Utilize pharmaceutical agents for diagnostic or treatment purposes only if the licensee has met the requirements of RSA 327:6-a;

(s) Utilize only those pharmaceutical agents permitted by RSA 327:1 or those agents approved by the former joint pharmaceutical formulary board or those agents approved by the joint pharmaceutical formulary and credentialing committee as authorized by RSA 327:6-b;

(t) Utilize pharmaceutical agents for the treatment of glaucoma provided that the licensee has met the requirements of RSA 327:6-c, I(b) and indicates on the licensee's prescription pad "glaucoma prescription authority granted"; and

(u) Comply with the following when describing the licensee's optometric practice:

(1) A licensee may designate himself or herself as an O.D., optometrist, or Doctor of Optometry, but shall not use the terms "optometric physician" or "medical optometrist;"

(2) A licensee may:

a. Designate himself or herself as having areas of interest; and

b. Use phrases such as "practice limited to contact lenses" or "practice provides care in the following areas:";

(3) When designating himself or herself as having areas of interest pursuant to (2) above, a licensee shall not:

a. List specialties or board certification in a specific area of interest; or

b. Use terms such as:

1. "Therapeutic optometrist;"

2. "Optometric glaucoma specialist;" or

3. "Practice specializing in contact lenses;" and

(4) A licensee may designate himself or herself as having membership, fellowship or diplomat status from nationally recognized certifying bodies such as the College of Optometrists in Vision Development (COVD) or the American Academy of Optometry (FAAO), but shall not imply that he or she is "board certified."

Notes

N.H. Code Admin. R. Opt 502.02

(See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; amd by #6098, eff 10-1-95; amd by #6185, eff 2-16-96, all but paragraphs (q), (r) & (s) EXPIRED: 6-17-00; amd by #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

New. #7670, eff 4-4-02; amd by #7889, eff 5-19-03; amd by #9342, eff 12-9-08

Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12108, Effective 2/21/2017, Expires 8/20/2017. Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12383, Effective 9/16/2017, Expires 9/16/2027.