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PDFWAC 246-918-126

Nonsurgical medical cosmetic procedures.

(1) The purpose of this rule is to establish the duties and responsibilities of a physician assistant who injects medication or substances for cosmetic purposes or uses prescription devices for cosmetic purposes. These procedures can result in complications such as visual impairment, blindness, inflammation, burns, scarring, disfiguration, hypopigmentation and hyperpigmentation. The performance of these procedures is the practice of medicine under RCW 18.71.011.
(2) This section does not apply to:
(a) Surgery;
(b) The use of prescription lasers, noncoherent light, intense pulsed light, radiofrequency, or plasma as applied to the skin; this is covered in WAC 246-919-605 and 246-918-125;
(c) The practice of a profession by a licensed health care professional under methods or means within the scope of practice permitted by such license;
(d) The use of nonprescription devices; and
(e) Intravenous therapy.
(3) Definitions. These definitions apply throughout this section unless the context clearly requires otherwise.
(a) "Nonsurgical medical cosmetic procedure" means a procedure or treatment that involves the injection of a medication or substance for cosmetic purposes, or the use of a prescription device for cosmetic purposes. Laser, light, radiofrequency and plasma devices that are used to topically penetrate the skin are devices used for cosmetic purposes, but are excluded under subsection (2)(b) of this section, and are covered by WAC 246-919-605 and 246-918-125.
(b) "Physician" means an individual licensed under chapter 18.71 RCW.
(c) "Physician assistant" means an individual licensed under chapter 18.71A RCW.
(d) "Prescription device" means a device that the federal Food and Drug Administration has designated as a prescription device, and can be sold only to persons with prescriptive authority in the state in which they reside.
physician assistant responsibilities
(4) A physician assistant may perform a nonsurgical medical cosmetic procedure only after the commission approves a practice plan permitting the physician assistant to perform such procedures. A physician assistant must ensure that the supervising or sponsoring physician is in full compliance with WAC 246-919-606.
(5) A physician assistant may not perform a nonsurgical cosmetic procedure unless his or her supervising or sponsoring physician is fully and appropriately trained to perform that same procedure.
(6) Prior to performing a nonsurgical medical cosmetic procedure, a physician assistant must have appropriate training in, at a minimum:
(a) Techniques for each procedure;
(b) Cutaneous medicine;
(c) Indications and contraindications for each procedure;
(d) Preprocedural and postprocedural care;
(e) Recognition and acute management of potential complications that may result from the procedure; and
(f) Infectious disease control involved with each treatment.
(7) The physician assistant must keep a record of his or her training in the office and available for review upon request by a patient or a representative of the commission.
(8) Prior to performing a nonsurgical medical cosmetic procedure, either the physician assistant or the delegating physician must:
(a) Take a history;
(b) Perform an appropriate physical examination;
(c) Make an appropriate diagnosis;
(d) Recommend appropriate treatment;
(e) Obtain the patient's informed consent including disclosing the credentials of the person who will perform the procedure;
(f) Provide instructions for emergency and follow-up care; and
(g) Prepare an appropriate medical record.
(9) The physician assistant must ensure that there is a written office protocol for performing the nonsurgical medical cosmetic procedure. A written office protocol must include, at a minimum, the following:
(a) A statement of the activities, decision criteria, and plan the physician assistant must follow when performing procedures under this rule;
(b) Selection criteria to screen patients for the appropriateness of treatment;
(c) A description of appropriate care and follow-up for common complications, serious injury, or emergencies; and
(d) A statement of the activities, decision criteria, and plan the physician assistant must follow if performing a procedure delegated by a physician pursuant to WAC 246-919-606, including the method for documenting decisions made and a plan for communication or feedback to the authorizing physician concerning specific decisions made.
(10) A physician assistant may not delegate the performance of a nonsurgical medical cosmetic procedure to another individual.
(11) A physician assistant may perform a nonsurgical medical cosmetic procedure that uses a medication or substance that the federal Food and Drug Administration has not approved, or that the federal Food and Drug Administration has not approved for the particular purpose for which it is used, so long as the physician assistant's sponsoring or supervising physician is on-site during the entire procedure.
(12) A physician assistant may perform a nonsurgical medical cosmetic procedure at a remote site. A physician assistant must comply with the established regulations governing physician assistants working in remote sites, including obtaining commission approval to work in a remote site under WAC 246-918-120.
(13) A physician assistant must ensure that each treatment is documented in the patient's medical record.
(14) A physician assistant may not sell or give a prescription device to an individual who does not possess prescriptive authority in the state in which the individual resides or practices.
(15) A physician assistant must ensure that all equipment used for procedures covered by this section is inspected, calibrated, and certified as safe according to the manufacturer's specifications.
(16) A physician assistant must participate in a quality assurance program required of the supervising or sponsoring physician under WAC 246-919-606.
[Statutory Authority: RCW 18.71.017, 18.71A.020 and 18.130.050(4). WSR 10-11-001, ยง 246-918-126, filed 5/5/10, effective 6/5/10.]
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