Complete Story
 

08/21/2008

OSCA Working to Clean Up Bone Scan Language

Back in 2006, as part of a regular rule making procedure, the Department of Health included language on who could order a bone scan.  In this modification, the Department made reference to a long existing definition of physician which does not include chiropractic physicians. Throughout the Ohio Revised Code and the Ohio Administrative Code, references are made to various definitions of physician in rules like this. Some of those references include a citation of Chapter 4734 (our licensing law) and some do not.

This new rule, now a part of the Administrative Code, went virtually unnoticed for more than two years.  Recently, Spectrum Diagnostic Imaging made an inquiry of the Ohio Department of Health asking if Podiatrists, Chiropractors, Nurse Practitioners, and Physicians Assistants were able to order Nuclear Medicine scans. They were told that based on the new rule, only those authorized to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery could order these tests.

Upon learning this, we had numerous conversations with the Department of Health.  In each conversation, we were assured that removing the reference to Chapter 4734, and therefore chiropractic physicians, from this rule was inadvertent, and that the Department would be willing to work with us to have this oversight corrected. We have also had informal conversation with the State Medical Board, and they indicate that they would not have an issue with DCs ordering these tests-and in fact were unaware that we did not have that ability.

At this point, we believe that the fastest way to remedy this problem is with legislative action. The legislature will not return to Columbus until November 11, and we will pursue a solution to this issue at that time.

In the meantime, we take some solace in the knowledge that Spectrum is the only facility we know of which is enforcing (or even aware of) this ODH rule and that the Department is not actively involved in enforcing the rule, or even making it known.

Close Window