Ohio Medical Board Proposes New Rules for Light-based Procedures

Posted By American Med Spa Association, Friday, May 15, 2020

The State Medical Board of Ohio has proposed a new set administrative rules that define a physician’s ability and requirements when delegating laser- and light-based procedures. These proposed amendments are currently open for public comment. You can read the complete proposal here. The public comment period ends on May 27; any comments should be made to both Kimberly Anderson with the medical board and the Common Sense Initiative Office.
The proposed rules would make a number of changes to how light-based procedures are performed in Ohio. The changes begin by defining four categories of light-based procedures:
Both phototherapy and photodynamic therapy are defined as specific procedures that are not commonly found in medical spas. Phototherapy is either the neonatal treatment for hyperbilirubinemia or the UV light-based treatment of psoriasis or similar skin diseases.
Under the proposed rules, physicians would be unable to delegate any ablative light-based procedures. However, they would only be able to delegate non-ablative procedures to physician assistants (PAs) or registered nurses (RNs). Any laser or light device used must be FDA approved for the specific procedure. The physician must personally evaluate the patient both prior to the procedure and following the initial treatment. During the treatment, the physician must provide onsite supervision. The PA or RN must obtain at least eight hours of education of specific laser topics, and they must observe the procedure 15 times and perform it under direct supervision 20 times.
For laser hair removal, the delegation rules remain largely similar to their current state. A physician can delegate the procedure to PAs, RNs, licensed practical nurses (LPN) and cosmetic therapists. Again, the physician must personally evaluate the patient prior to and after the treatment to assess its effectiveness. The major changes to this section are the addition of training requirements of least eight hours of education about specific laser topics, they also must observe the procedure 15 times and perform it under direct supervision 20 times. There is a grandfather section where practitioners who have been performing laser hair removal under appropriate delegation for two years before this rule is adopted may have their physician certify that they are trained and competent already.
It is important to note that these rules are newly proposed and not yet officially adopted. However, you may want to begin reviewing your own practices to see if any changes would be needed if these rules become official.