1. A. Optometrists shall retain medical records they own for a period of at least five (5) years from the date of last treatment.
2. B. Thirty (30) days before the closing, selling, relocation or leaving of a practice an optometrist shall notify the board office and patients seen within the last five (5) years. Notices will be given pursuant to Subsection C of this section.

3. C. Notification shall be satisified using any of the following methods:

   (1) publication of at least one notice in a local newspaper, twice a month for a period of three months; notice should indicate how to obtain patient records and contact information for the individual with access to the patient records;

   (2) written or electronic mail; or

   (3) individual correspondence to the patient’s last known physical or electronic mailing address.

   HISTORY of 16.16.16 NMAC:

   Pre-NMAC History:

   Material in the part was derived from that previously filed with the commission of public records - state records center and archives:

   OEB 73-1, Rule No. 3 of the Administrative Rules and Regulations of the State Board of Examiners in Optometry, filed 10-18-73.

   NMBO Rule 3, Board Rule No. 3 - Location of Practice, filed 7-22-92.

   NMBO Rule 9, Board Rule No. 9 - Purchase of Established Practice, filed 5-25-94.

   History of Repealed Material: [Reserved]

   Other History:

   16 NMAC 16.16, Practice Location; Ownership, filed 9-21-95, replaced that relevant portion of NMBO Rule 3, Board Rule No. 3 - Location of Practice, and NMBO Rule 9, Board Rule No. 9 - Purchase of Established Practice.

   16 NMAC 16.16, Practice Location; Ownership, filed 9-21-95, was renumbered and reformatted to 16.16.16 NMAC, Practice Location; Ownership, effective 03-15-2001.

[16.16.16.11 NMAC - N, 07-06-2012]