https://clients.ohiosbdc.ohio.gov/DocumentMaster.aspx?doc=2611
In 2000, the Board adopted rules that state that the application of light-based medical devices to the human body is the practice of medicine, osteopathic medicine and podiatric medicine. Licensed physicians and osteopathic physicians may delegate the use of light-based medical devices approved by the FDA for phototherapy in treatment of hyperbilirubinemia in neonates to any appropriate person. Additionally, physicians may delegate the application of light-based medical devices to physician assistants and cosmetic therapists for the purpose of hair removal under certain conditions. Violation of the rules constitutes failure to conform to minimum standards of care. Ohio Adm. Rule 4731-18-01 through 04.
Ohio Adm. Rule 4731-23 regulates the delegation of medical tasks. Medical tasks may be delegated by a physician only under certain circumstances including that the person to whom the task is delegated is competent based on specific factors; the task is within the physician’s expertise; and the supervising physician retains responsibility for the delegated task.
All cosmetic therapists practicing in Ohio must be licensed by the State Medical Board of Ohio. The State Medical Board of Ohio can be reached at (614) 466-3934. Information is also available on-line at http://med.ohio.gov
Contact the Ohio Environmental Protection Agency (EPA) for information about the proper disposal of hazardous and solid waste. The EPA can be reached at (614) 644- 3020 for General Inquiries or (800) 329-7518 for Office of Compliance Assistance and Pollution Prevention. The Ohio EPA is also on-line at www.epa.state.oh.us. *Remember to check local government agencies.*
Ohio has laws concerning electrolysis or hair removal license. These laws can be found in Ohio Revised Code (ORC) Section 4731. http://codes.ohio.gov/
4731-18-02 Use of light based medical devices.
http://codes.ohio.gov/oac/4731-18-02v1
(A) For purposes of this rule, light based medical device shall mean any device that can be made to produce or amplify electromagnetic radiation at wavelengths equal to or greater than one hundred eighty nm but less than or equal to 1.0 X 10 6nm [ten to the sixth power] and that is manufactured, designed, intended or promoted for in vivo irradiation of any part of the human body for the purpose of affecting the structure or function of the body.
(B) The application of light based medical devices to the human body is the practice of medicine and surgery, osteopathic medicine and surgery and podiatric medicine and surgery.
(C) Except as provided in rule 4731-18-03 and rule 4731-18-04 of the Administrative Code, no physician licensed pursuant to Chapter 4731. of the Revised Code shall delegate the application of light based medical devices to the human body to any person not authorized to practice medicine and surgery, osteopathic medicine and surgery or podiatric medicine and surgery pursuant to Chapter 4731. of the Revised Code.
(D) A violation of paragraph (C) of this rule 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 and “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.
4731-18-03 Delegation of the use of light based medical devices.
http://codes.ohio.gov/oac/4731-18-03
(A) A physician licensed pursuant to Chapter 4731. of the Revised Code may delegate the application of light based medical devices only for the purpose of hair removal and only if all the following conditions are met:
(1) The light based medical device has been specifically approved by the United States food and drug administration for the removal of hair from the human body; and
(2) The use of the light based medical device for the purpose of hair removal is within the physician’s normal course of practice and expertise; and
(3) The physician has seen and personally evaluated the patient to determine whether the proposed application of a light based medical device is appropriate; and,
(4) The physician has seen and personally evaluated the patient following the initial application of a light based medical device, but prior to any continuation of treatment in order to determine that the patient responded well to that initial application; and,
(5) The person to whom the delegation is made is one of the following:
(a) A physician assistant registered pursuant to Chapter 4730. of the Revised Code and the physician has a board approved supplemental utilization plan allowing such delegation; or,
(b) A cosmetic therapist licensed pursuant to Chapter 4731. of the Revised Code; or,
(C) A registered nurse or licensed practical nurse licensed pursuant to Chapter 4723. of the Revised Code; and,
(6) The person to whom the delegation is made has received adequate education and training to provide the level of skill and care required; and,
(7) The physician provides on-site supervision at all times the person to whom the delegation is made is applying the light based medical device; and,
(8) The physician supervises no more than two persons pursuant to this rule at the same time.
(B) Notwithstanding paragraph (A)(7) of this rule, the physician may provide off-site supervision when the the light based medical device is applied to an established patient if the person to whom the delegation is made pursuant to paragraph (A) of this rule is a cosmetic therapist licensed pursuant to Chapter 4731. of the Revised Code who meets all of the following criteria:
(1) The cosmetic therapist has successfully completed a course in the use of light based medical devices for the purpose of hair removal that has been approved by the board; and
(2) The course consisted of at least fifty hours of training, at least thirty hours of which was clinical experience; and
(3) The cosmetic therapist has worked under the on-site supervision of the physician making the delegation a sufficient period of time that the physician is satisfied that the cosmetic therapist is capable of competently performing the service with off-site supervision.
The cosmetic therapist shall maintain documentation of the successful completion of the required training.
(C) The cosmetic therapist, physician assistant, registered nurse or licensed practical nurse shall immediately report to the supervising physician any clinically significant side effect following the application of the light based medical 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.
(D) For purposes of this rule, on-site supervision requires the physical presence of the supervising physician in the same location (i.e., the physician’s office suite) as the cosmetic therapist, physician assistant, registered nurse or licensed practical nurse, but does not require his or her presence in the same room.
(E) For purposes of this rule, off-site supervision means that the supervising physician shall be continuously available for direct communication with the cosmetic therapist and must be in a location that under normal conditions is not more than sixty minutes travel time from the cosmetic therapist’s location.
(F) A violation of paragraph (A) (B) or (C) 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 division (A)(5) 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.
(G) A violation of paragraph (C) of this rule by a cosmetic therapist 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 (C) 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.
Eff 6-30-00
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 4730.07, 4731.05, 4731.15
Rule amplifies: RC 4730.17, 4730.25, 4731.15 , 4731.22, 4731.41
Eff 6-30-00; 5-31-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 4731.05
Rule amplifies: RC 4731.17, 4731.22, 4731.34, 4731.41
R.C. 119.032 review dates: 6/30/2005
4731-18-04 Delegation of the use of light based medical devices; Exceptions.
http://codes.ohio.gov/oac/4731-18-04
(A) A physician authorized pursuant to Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery may delegate to any appropriate person the application of light based medical devices approved by the United States food and drug administration for phototherapy in treatment of hyperbilirubinemia in neonates.
(B) A physician authorized pursuant to Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery may delegate to any appropriate person the application of a light based medical device that is a fluorescent lamp phototherapy device for treatment of psoriasis and similar skin diseases. A flurorscent lamp photohterapy device is a device that emits ultraviolet light through the use of one or more fluorescent bulbs and is approved by the United States food and drug administration for phototherapy in the treatment of psoriasis or similar skin diseases.
Eff 5-31-02
Rule promulgated under: RC 119.03
Rule authorized by: RC 4731.05
Rule amplifies: RC 4731.17, 4731.22, 4731.34, 4731.41
R.C. 119.032 review dates: 05/31/2007
