4725-5-18 Delegation of duties to ancillary personnel.

(A) Definitions:

(1) "Delegation" means the transfer of authority for the performance of a selected optometric activity or task from a licensed optometrist authorized to perform the activity or task to ancillary personnel who do not have the authority to perform the activity or task independently. Delegation to ancillary personnel shall be performed under direct, general or administrative supervision. Ancillary personnel need not be employees of the responsible licensed optometrist.

(2) "Direct supervision" means the responsible licensee must be on the premises both while the procedure is being performed by the ancillary personnel and to interpret the data upon completion of the task.

(3) "General supervision" means that the licensee assumes responsibility for the activities and tasks performed by ancillary personnel, but need not be present while they are performed. The licensee must be available for consultation and direction except if involved in a personal emergency which makes them temporarily unavailable.

(4) "Administrative supervision" means supervision to an extent that the responsible licensee need not be present, but must give proper instruction on procedures and assumes responsibility for the actions of ancillary personnel. The licensee shall not be required to be available for immediate contact.

(5) "Ancillary personnel" means any person or persons working under the direct, general or administrative supervision of a licensed practitioner. Ancillary personnel may be delegated to perform ministerial duties, tasks and functions as assigned to them by the licensed practitioner.

(B) Ancillary personnel may not, under any circumstances, be delegated diagnosis or treatment duties, refractions or interpretation of testing that requires optometric judgement.

(C) Ancillary personnel may administer dilation and therapeutic drops into the eyes per the responsible practitioner's instructions and may instruct patients on the proper protocol on self administration of topical ocular pharmaceutical agents. These tasks must be performed under the direct supervision of a licensed practitioner.

(D) Ancillary personnel may perform ministerial duties, tasks and functions assigned to them by and performed under the general supervision of a licensed practitioner. This includes obtaining demographic information that allows the office to better serve the patients. Tasks and functions that may be performed shall include, but not be limited to, data gathering, preliminary testing, performing prescribed vision therapy and low vision therapy, delivery of eyeglasses, selection of frames and adjustments of frames. Ancillary personnel shall not alter, or change in any manner, a patient's prescription without express, written instructions by the licensed practitioner.

(E) Ancillary personnel may perform tasks and duties assigned to them under the administrative supervision of a licensed practitioner including, but not limited to, sorting and cataloguing of patient records, while maintaining confidentiality. Ancillary personnel may respond to other healthcare professionals concerning patient records.

(F) Ancillary personnel must demonstrate skill and ability prior to being delegated to do assigned tasks. A written policy must outline what procedures can be done and by whom. This policy must also state that no professional judgments or interpretation of data are allowed in any situation.

(G) Direct supervision is required when delegation of ancillary personnel occurs in a health care facility or other institutions offering health care except for routine administration of topical agents, delivery of eyeglasses, selection of frames, adjustment of frames and instruction to patients on insertion, removal and wearing regimen of contact lenses.

(H) If in the performance of any delegated task the ancillary personnel becomes aware that the patient has a problem that limits the patient's ability to respond, the task will be immediately stopped. The supervising practitioner will be advised of the situation before continuing.

R.C. 119.032 review dates: 08/18/2014 and 08/18/2019
Promulgated Under: 119.032
Statutory Authority: 4725.09
Rule Amplifies: 4725.09 , 4725.19
Prior Effective Dates: 9/01/01