Ohio Admin. Code 4731-18-04 - Delegation of phototherapy and photodynamic therapy
(A)
A physician may delegate to any appropriate person the
application of light based medical devices cleared or approved by the United
States food and drug administration for phototherapy in treatment of
hyperbilirubinemia in neonates only if all the following conditions are
met:
(1)
The use
of the light based medical device for this treatment is within the physician's
normal course of practice and expertise.
(2)
The delegation
and application of light based medical devices for phototherapy for this
treatment is performed pursuant to hospital rules, regulations, policies, and
protocols.
(B)
A physician may delegate the application of a light
based medical device that is a phototherapy device that is cleared or approved
by the United States food and drug administration for treatment of psoriasis
and similar skin diseases only if all the following conditions are met:
(1)
The use of the
light based medical device for this treatment is within the physician's normal
course of practice and expertise.
(2)
The person to
whom the delegation is made is one of the following:
(a)
A physician
assistant licensed under Chapter 4730. of the Revised Code with whom the
physician has an effective supervision agreement;
(b)
A registered
nurse or licensed practical nurse licensed under Chapter 4723. of the Revised
Code; or
(c)
A certified medical assistant who has successfully
completed and documented the completion of basic training on psoriasis and
similar skin diseases and clinical training in the administration of the
phototherapy device for the specific skin disease being treated;
and
(3)
For physician assistants, the authorization shall meet
the requirements of section
4730.21 of the Revised
Code;
(4)
For registered nurses, licensed practical nurses, and
certified medical assistants, the physician has seen and evaluated the patient
to determine whether the proposed application of phototherapy is
appropriate
(5)
For registered nurses, licensed practical nurses, and
certified medical assistants, the physician provides on-site supervision at all
times that the person to whom the delegation is made is applying the
phototherapy.
(C)
A physician may delegate the application of light based
medical devices cleared or approved by the United States food and drug
administration for photodynamic therapy for dermatologic purposes only if all
the following conditions are met:
(1)
The use of the light based medical device for this
treatment is within the physician's normal course of practice and
expertise.
(2)
The person to whom the delegation is made is one of the
following:
(a)
A physician assistant licensed under Chapter 4730. of the
Revised Code with whom the physician has an effective supervision agreement;
or,
(b)
A registered nurse or licensed practical nurse licensed
under Chapter 4723. of the Revised Code;
(3)
For physician
assistants, the authorization shall meet the requirements of section
4730.21 of the Revised
Code;
(4)
For registered nurses and licensed practical nurses,
the physician has seen and evaluated the patient to determine whether the
proposed application of photodynamic therapy is appropriate;
(5)
For registered
nurses and licensed practical nurses the person to whom the delegation is made
completes basic training on photodynamic therapy and clinical training in the
administration of photodynamic therapy for the specific disease or disorder
being treated and the completion of this training is documented by the person
to whom the delegation is made; and
(6)
For registered
nurses and licensed practical nurses, the physician provides onsite supervision
at all times that the person to whom the delegation is made is applying the
photodynamic therapy.
(D)
Any person to
whom a lawful delegation of phototherapy or photodynamic therapy has been made
shall immediately report to the supervising physician any clinically
significant side effect following the application of the phototherapy or
photodynamic therapy device or any failure of the treatment to progress as was
expected at the time the delegation was made. The physician shall see and
personally evaluate the patient who has experienced the clinically significant
side effect or whose treatment is not progressing as expected as soon as
practicable.
(E)
A violation of paragraph (A), (B), (C), or (D) of this
rule by a physician shall constitute "a departure from, or the failure to
conform to, minimal standards of care of similar practitioners under the same
or similar circumstances, whether or not actual injury to a patient is
established," as that clause is used in division (B)(6) of section
4731.22 of the Revised Code. A
violation of paragraph A)(2), (B)(2), or (C)(2) of this rule shall constitute
"violating or attempting to violate, directly or indirectly, or assisting in or
abetting the violation of, or conspiring to violate, any provisions of this
chapter or any rule promulgated by the board," as that clause is used in
division (B)(20) of section
4731.22 of the Revised Code, to
wit: section 4731.41 of the Revised
Code.
(F)
A violation of paragraph (D) of this rule by a
physician assistant shall constitute "a departure from, or failure to conform
to, minimal standards of care of similar physician assistants under the same or
similar circumstances, regardless of whether actual injury to patient is
established," as that clause is used in division (B)(19) of section
4730.25 of the Revised
Code.
Replaces: 4731-18-04
Notes
Promulgated Under: 119.03
Statutory Authority: 4730.07, 4731.05
Rule Amplifies: 4730.07, 4730.21, 4730.25, 4731.05, 4731.22, 4731.41
Prior Effective Dates: 05/31/2002
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