3.05.05.01. A dispensing optician must take the necessary measures to ensure that information and documents relevant to professional secrecy are not disclosed to a partner, shareholder, director, manager, officer or employee of a partnership or joint-stock company within which the dispensing optician carries on professional activities or in which he has an interest, as soon as he becomes aware that the partner, shareholder, director, manager, officer or employee has a conflict of interest.
The following factors must be considered in assessing the effectiveness of such measures:
(1) size of the partnership or company;
(2) precautions taken to prevent access to the dispensing optician’s file by the person having a conflict of interest;
(3) instructions given to protect confidential information or documents related to the conflict of interest; and
(4) isolation, from the dispensing optician, of the person having a conflict of interest.