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Physician Legal Services of Washington

NEW - Legal services for WSMA members

Physician Legal Services of Washington PLLC (PLS-WA) is an independent law firm dedicated solely to the health care profession and health care professionals. Through an agreement with the WSMA, PLS-WA offers a select set of legal services to WSMA members. Click here to learn more.

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New rules on non-surgical cosmetic procedures go into effect on June 6, 2010

The Medical Quality Assurance Commission adopted rules on non-surgical medical cosmetic procedures on January 14, 2010. The rules go into effect on June 6, 2010.

There are two rules. The first rule (WAC 246-919-606) establishes the duties and responsibilities of a physician who delegates the injection of medication or substance for cosmetic purposes or the use of prescription devices for cosmetic purposes.

The second rule (WAC 246-918-126) establishes the duties and responsibilities of a physician assistant who injects medication or substances for cosmetic purposes or uses prescription devices for cosmetic purposes.

The rules do not apply to: (a) surgery; (b) the use of prescription lasers, non-coherent light, intense pulsed light, radiofrequency, or plasma as applied to the skin, which are 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 non-prescription devices; and (e) intravenous therapy.

The explanation for the rules as stated by the Commission is an increase in the number of complaints about individuals with little or no training, and without appropriate license or adequate supervision, who are injecting medications or substances into patients and using prescription devices on patients. The Commission has disciplined several licensees for this conduct.

For more information on the rules go to the DOH website, or contact Tim Layton, WSMA Director of Legal Affairs at tim@wsma.org.  

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New MQAC rules for office-based surgical settings

New rules related to safe and effective anesthesia and analgesia administration in an office-based setting may apply to you and your practice, even if you don’t perform surgery.

The Medical Quality Assurance Commission (MQAC) implemented rules which will apply to all physicians who perform certain procedures in offices and facilities in which more than minimal sedation or infiltration of local anesthetic around peripheral nerves is administered, but never utilize general anesthesia.

The MQAC released its final rules for office-based anesthesia and surgery. A copy of the CR-103P Rule Making Order [PDF] can be downloaded.

A explanatory statement [PDF] for office-based surgical setting regulation (WAC 246-619-601) can be downloaded.

The WSMA is committed to working with its members and the MQAC in the development and adoption of rules related to safe practices in office-based surgery and anesthesia which further the goal of patient safety. Please feel free to contact Tim Layton in our Olympia office if you have any questions about the rulemaking process (360) 352-4848, 1 (800) 562-4546 or tim@wsma.org).

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