HIPAA rule change on substance use disorder records won’t impact most optometrists

A change to the HIPAA privacy rule relating to substance use disorder (SUD) records has prompted worries about compliance among doctors of optometry. The good news: the change probably doesn’t require immediate changes in your practice. 

“This rule change only applies to a specific category of electronic records,” says Michael Stokes, JD, AOA’s general counsel. “Namely, these are records created by a substance use disorder provider or clinic.” 

The change updates privacy protections, including patient consent and disclosure, for SUD records created by an SUD program. According to the rule, health care providers were required to revise their Notice of Privacy Practices by Feb. 16, 2026, whether or not they provide SUD treatment. 

This change will not affect most doctors of optometry, Stokes says, because it only applies to providers who receive copies of patient records from an SUD clinic. 

However, he says, doctors who practice in hospitals or other interdisciplinary care centers might be impacted. It is also possible that doctors of optometry providing medical eye care who request records from a patient’s other providers might receive SUD records. 

“If you know you handle records of this nature,” Stokes says, “you must be aware of the privacy rule changes and update your Notice of Privacy Practices immediately.” 

For everyone else, it is likely safe to wait until the next opportune time to update the forms, as long as it’s by the end of the year. “But don’t wait too long,” Stokes says, “just to be on the safe side.” 

Download AOA’s updated standard HIPAA Notice of Privacy Practices 

The AOA has updated its standard HIPAA Notice of Privacy Practices to reflect the SUD change. It is available as a free download from AOA’s HIPAA resources page and describes how practices may use or disclose health information.