Member Article

More than three years after initial publication, the State Medical Board of Ohio's proposed revisions to its light-based device (laser) rules are now advancing toward possible enactment, as the Medical Board has announced amendments to the proposal and scheduled public rules hearing for May 17, 2021. Ohio's existing laser rules restrict and limit utilization of lasers to physicians with only a single major exception for the delegation of laser hair removal, which itself is subject to significant limitations.

The proposed rules present a major expansion of laser use in Ohio. The proposal modifies the current parameters on delegation for purposes of laser hair removal and extends utilization to new areas of permitted physician delegation. Perhaps the most significant expansion is proposed authority to delegate vascular lasers for “non-ablative dermatologic procedures.”[1] Under the terms of the proposed rule revision, physician assistants, registered nurses, and licensed practical nurses would be able to perform such procedures upon physician delegation, subject to specified provisions and limitations. The proposed rule also incorporates more specifics for physician obligations in evaluating the delegated patients and in designating mandatory education, observation and training of RNs and LPNs who will be providing delegated laser services.

The rule-making process has led to amendments to the original proposal in definitional areas and aligning PA authority under the rule to the existing scope of practice law. The May 17 public hearing is a remaining opportunity to present concerns and issues as to the proposed rules before what appears to be likely approval, making them effective this year. Interested parties can submit written comments in advance and/or be heard at the May 17 public hearing.

For more information on the proposed rules and the May 17 public hearing (which will be conducted via GoToWebinar), visit the Medical Board’s website here or review the public rules hearing notice here

Should you have questions regarding these laser rules or the rule-making process, please contact your Dinsmore health care attorney.

[1] See proposed rules at OAC 4731-18-03 available here.