Current through all regulations passed and filed through September 16, 2024
(A)
The surgeon of
record in an operative case shall personally:
(1)
Evaluate the
patient sufficiently to formulate an appropriate preoperative
diagnosis;
(2)
Select the operation to be performed in consultation
with the patient or with a person authorized to act on the patient's
behalf;
(3)
Determine, based on the surgeon's own evaluation, and,
as necessary, on consultation with other physicians involved in the patient's
care, that the patient is a fit candidate for the operation to be
performed;
(4)
Assure that the patient or a person authorized to act
on the patient's behalf gives informed consent before the surgery
begins;
(5)
Comply with division (B)(6) of section
4731.22 of the Revised Code;
and
(6)
Perform or personally supervise the surgery, except
those portions of the surgery, if any, which are performed or supervised by
another qualified surgeon with the informed consent of the
patient.
(B)
Management of postoperative medical care is the
responsibility of the surgeon of record. The surgeon of record shall fulfill
this responsibility in one of the following ways:
(1)
Personally
performing the postoperative medical care;
(2)
Delegating
postoperative medical care to another physician or physicians who are qualified
by training and experience to provide the level of care required, provided that
the surgeon of record shall remain primarily responsible for the patient's
overall care unless the patient and the other physician have agreed in advance
to shift that responsibility to the other physician;
(3)
Delegating
defined aspects of the intra-operative and perioperative care to an
appropriately trained, supervised and/or credentialed physician assistant,
nurse, or allied health care personnel in compliance with applicable standards,
provided that the surgeon of record shall retain personal responsibility for
the quality of the care rendered by personnel who are under his supervision and
control. The surgeon of record shall obtain the patient's fully informed
consent, or the consent of a person authorized to act on the patient's behalf,
in advance of surgery, before delegating aspects of patient care to a physician
assistant, nurse, or allied health care personnel under this paragraph. The
surgeon of record need not obtain the patient's informed consent for aspects of
care to which the patient has already consented, such as consent to treatment
and care by hospital personnel under an informed consent form signed upon the
patient's admission to the hospital; or
(4)
Delegating
defined aspects of the intra-operative and perioperative care to licensees of
other health regulatory boards who are licensed to provide the scope of
practice and the level of care required, provided that the surgeon of record
shall remain primarily responsible for the patient's overall care and must
examine the patient during the postoperative period.
(C)
This rule shall
not be read to transfer any responsibility which currently rests with any other
physician, physician assistant with whom the surgeon of record does not have a
supervision agreement, nurse, allied health care provider, or institution to
the surgeon of record.
(D)
This rule shall not be read to prohibit or interfere
with the appropriate training of medical students and physicians in
post-graduate training programs, or other personnel.
(E)
The provisions of
this rule requiring consultation with or obtaining the informed consent of the
patient or a person legally authorized to act on his the patient's behalf do
not apply to the extent they would prevent the performance of surgery or other
procedures under emergency circumstances.
Replaces: 4731-18-01
