Current through all regulations passed and filed through March 18, 2024
(A) A physician shall not delegate the
performance of a medical task unless that physician has complied with all of
the requirements of this chapter of the Administrative Code and the delegation
otherwise conforms to minimal standards of care of similar physicians under the
same or similar circumstances.
(B)
Prior to a physician's delegation of the performance of a medical task, that
physician shall determine each of the following:
(1) That the task is within that physician's
authority;
(2) That the task is
indicated for the patient;
(3) The
appropriate level of supervision;
(4) That no law prohibits the
delegation;
(5) That the person to
whom the task will be delegated is competent to perform that task;
and,
(6) That the task itself is
one that should be appropriately delegated when considering the following
factors:
(a) That the task can be performed
without requiring the exercise of judgment based on medical
knowledge;
(b) That results of the
task are reasonably predictable;
(c) That the task can safely be performed
according to exact, unchanging directions;
(d) That the task can be performed without a
need for complex observations or critical decisions;
(e) That the task can be performed without
repeated medical assessments; and,
(f) That the task, if performed improperly,
would not present life threatening consequences or the danger of immediate and
serious harm to the patient.
(C) When a physician delegates the
administration of drugs, that physician shall provide on-site supervision,
except in the following situations:
(1) When
the physician has transferred responsibility for the on-site supervision of the
unlicensed person who is administering the drug to another physician and that
physician has knowingly accepted that responsibility on a patient-by-patient
basis; or
(2) In the routine
administration of a topical drug, such as a medicated shampoo.
(3)
When written policies and procedures have been adopted for the distribution of
drugs by an unlicensed person to individuals incarcerated in state correctional
institutions as defined in division (A) of section 2796.01 of the Revised Code,
other correctional facilities including county and municipal jails, workhouses,
minimum security jails, halfway houses, community residential centers, regional
jails and multi-county jails, or any other detention facility as defined in
division (F) of section
2921.01
of the Revised Code.
(D)
This chapter of the Administrative Code shall not apply if the rules contained
herein:
(1) Prevent an individual from
engaging in an activity performed for a handicapped child as a service needed
to meet the educational needs of the child, as identified in the individualized
education program developed for the child under Chapter 3323. of the Revised
Code;
(2) Conflict with any
provision of the Revised Code that specifically authorizes an individual to
perform a particular task;
(3) Conflict with any
rule adopted pursuant to the Revised Code that is in effect on the effective
date of this section, as long as the rule remains in effect, specifically
authorizing an individual to perform a particular task;
(4)
Prohibit a perfusionist from administering drugs intravenously while practicing
as a perfusionist.
(E)
Physician delegation is prohibited in all settings
specified in section
5123.42
of the Revised Code.
