(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.
