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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