3rd Sub.
S.B.
40
MEDICAL AND OSTEOPATHIC PRACTICE ACT AMENDMENTS
Senate Floor
Amendments
Amendment 2 March 2, 2012 4:08 PM
Senator Peter C. Knudson proposes the following amendments:
1. Page 3, Line 63 :
63 living tissue, but not to excise,
{
burn,
}
vaporize or remove living tissue.
2. Page 3, Line 67 :
67 (iii) the use of
{
infrared
}
photo therapy and lasers for neuromusculoskeletal treatments
3. Page 4, Lines 97 through 99 :
97 within their respective scope of practice, and qualified under
{
Subsection (2)(i)
}
Subsections (2)(f)(iii)
and (2)(i)
:
98 (i) a physician assistant, if
{
supervised by
}
acting under the supervision of
a physician and
the procedure is included in
99 the delegation
of services
agreement
as defined in Section 58-70a-102
;
4. Page 4, Lines 105 through 106 :
105 respective scope of practice, and qualified under
{
Subsection (2)(i)
}
Subsections (2)(f)(iii) and
(2)(i)
; and
106 (ii) a medical assistant who is qualified under
{
Subsection (2)(i)
}
Subsections (2)(f)(iii) and
(2)(i)
.
5. Page 5, Line 145 :
145 procedure
, except physician assistants, who shall be supervised as provided in Chapter 70a, Physician
Assistant Act,
and indirect cosmetic medical procedure supervision to individuals in delegation
6. Page 6, Lines 153 through 154 :
153 (iii)
{
if a practical nurse or medical assistant,
}
has maintained competence to perform the
154 nonablative cosmetic medical procedure
{
for hair removal
}
through documented
{
training
}
education
and
7. Page 6, Line 157 :
157 procedures
{
for hair removal
}
;
8. Page 6, Lines 171 through 174 :
171 (a)
(i) except as provided in Subsection (3)(a)(ii),
a physician who has an unrestricted license to
practice medicine shall:
172
{
(i)
}
(A)
develop a treatment plan for the nonablative cosmetic medical procedure; and
173
{
(ii)
}
(B)
conduct an in-person face-to-face evaluation of the patient prior to the initiation of
174 a treatment protocol or series of treatments;
(ii) a nurse practitioner who has an unrestricted license for advanced practice registered nursing may perform the evaluation and treatment plan under Subsections (3)(a)(i) for nonablative medical procedures other than tattoo removal;
9. Page 7, Lines 181 through 182 :
181 (I) a physician assistant, if
{
supervised by a physician and
}
the procedure is included in
182 the delegation
of services
agreement
and if the physician assistant is supervised as provided in
Chapter 70a, Physician Assistant Act
;
10. Page 7, Line 206 :
206 (5) Failure to comply with the provisions of this section is unprofessional conduct.
(6) A chiropractic physician licensed under Chapter 73, Chiropractic Physician Practice Act is not subject to the supervision requirements in this section for a nonablative cosmetic medical procedure for hair removal if the chiropractic physician is acting within the scope of practice of a chiropractic physician and with training specific to nonablative hair removal.
11. Page 17, Line 503 :
503 (1) "Ablative procedure" means a procedure that is expected to excise,
{
burn,
}
vaporize
12. Page 18, Lines 539 through 541 :
539 (10)
(a)
"Nonablative procedure" means a procedure that is expected or intended to alter
540 living tissue, but not excise,
{
burn,
}
vaporize or remove living tissue
{
and
}
.
(b) "Nonablative procedure"
does not include
:
(i)
a
541 superficial procedure as defined in Section 58-1-102
{
, or
}
;
(ii)
the application of permanent make-up
; or
(iii) the use of photo therapy and lasers for neuromusculoskeletal treatments that are performed by an individual licensed under this title who is acting within their scope of practice
.
13. Page 20, Line 597 :
597 (1) "Ablative procedure" means a procedure that is expected to excise,
{
burn
}
, vaporize
14. Page 21, Lines 632 through 634 :
632 (10)
(a)
"Nonablative procedure" means a procedure that is expected or intended to alter
633 living tissue, but not excise,
{
burn,
}
vaporize or remove living tissue
{
and
}
.
(b) "Nonablative procedure"
does not include
:
(i)
a
634 superficial procedure as defined in Section 58-1-102
{
or
}
;
(ii)
the application of permanent make-up
; or
(iii) the use of photo therapy lasers for neuromusculoskeletal treatments that are preformed by an individual licensed under this title who is acting within their scope of practice
.
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