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05/11/2007

Membership Update - May 11, 2006

Fiscal and Ethical Implications and Federal and State Laws


Fiscal and Ethical Pharmacology 15 Hours
Columbus Airport Marriott
Columbus, OH
May 19-20, 2007

In order to apply for your Certificate to Prescribe, the Ohio Revised Code Sec. 4730.46(C)(3)(c), requires that all physician assistants obtain a minimum of fifteen contact hours including training in the fiscal and ethical implications of prescribing drugs and therapeutic devices and training in the state and federal laws that apply to the authority to prescribe. Though full Medical Board approval will be required, OAPA and AAPA have designed conferences to meet this new requirement.

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SCHEDULE OF SESSIONS

Saturday May 19, 2007

8:00 am 9:00 Registration, Continental Breakfast
9:00 10:30 Overview: ORC Section 4730
10:30 11:30 Licensure Procedures, Forms
11:30 11:45 Break
11:45 12:45 Penalties, Violations
12:45 1:45 Lunch
1:45 2:45 Writing Prescriptions, Patient Safety
2:45 3:00 Break
3:00 5:30 Federal Drug Administration:
Roles and Responsibilities
Safety Alerts, Drug Recalls
Prescriber Responsibility on
Safety Alerts, Drug Recalls

Sunday May 20, 2007

7:00 am 8:00 Registration and Continental
Breakfast
8:00 10:00 Fiscal and Ethical Implications of Prescribing
10:00 10:15 Break
10:15 - 11:15 Fiscal and Ethical Implications of Prescribing
11:15 1:15 Formulary Review: Classifications
11:15 2:15 Lunch
2:15 3:15 Formulary Review: Updates
3:15 5:15 Schedule of Pharmaceutical Agents: Classifications of Opiods

HOTEL ACCOMMODATIONS AND DIRECTIONS
(Attendees make their own hotel reservations):

Columbus Airport Marriott, Columbus
Room Rates: $99.00, Deadline: 5/04/07.
Call 614/475-7551 and mention OAPA.
1375 N. Cassady Avenue, Columbus
Directions: http://www.whihotels.com/ebrochures/columbusairport/

Support the OAPA PAC Today!



As many of you know, supporting our legislative allies in the State Senate and House of Representatives is an important part of the Ohio legislative process. These elected officials were critical to advancing our profession last session, and we need to continue our relationship with them. While in office they work diligently for their constituents but they also must keep looking ahead to the next election.

OAPA is indebted to Representative Wachtmann (then Senator Wachtmann) for his sponsorship of Senate Bill 154, the PA bill which opened up our scope of practice. Simply put, it would not have passed without his leadership. He is committed to keeping the best interests of PAs in the forefront while he is in the House and assisting OAPA as needed.

We need to help ensure he remains in the House. As he campaign to retain his position, he has asked for financial support for his campaign from OAPA.

Your past financial support during the PA bill process was greatly appreciated. Now we must look to the future and build on our tremendous success. Therefore, we are asking that you contribute to the OAPA PAC so we can make a contribution to the Representative's campaign committee, and support other friends of ours in the General Assemble as needed.

We suggest a $100 contribution, but any amount will be welcome. Recall that the first $50 of a contribution ($100 for joint filers) to a state candidate such as Representative Wachtmann is fully credited back to you on your state income taxes.

Make your check payable to OAPA-PAC and send it to the office at 579 High Street, Worthington, OH 43085. Click below to contribute by credit card.

Thank you in advance for supporting this effort and keeping the PA profession strong in Ohio.

Amie Rinaldi & OAPA Board of Directors

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Sexual Misconduct Rules Adopted by Medical Board



Submitted by OAPA Secretary Leah Barmasse, PA-C


Recently, new sexual misconduct laws have gone into effect in the state of Ohio that apply to health care workers that perform physical exams that include "intimate" exams. "Intimate" exams pertain to exams of the pelvic area, genitals, rectum, or, if the person is a female, a breast, or, if the person is a male, the prostate.

The OAPA thinks it is important for any Physician Assistant that performs these type of exams be familiar with and follow the new guidelines to avoid legal action. It is important to pay special attention to section 1g, and to document whether or not a patient chooses to have a chaperon as well as the chaperon's name.

Please review the full law which went in to effect November 30, 2006 in the Ohio Code Chapter 4731-26, which can be found at http://med.ohio.gov.

Sexual misconduct includes the following:
(1) Sexual impropriety by the licensee, such as behaviors, gestures, or expressions that are seductive, sexually suggestive, disrespectful of patient privacy, or sexually demeaning to a patient, including but not limited to, the following:
(a) Neglecting to employ disrobing or draping practices respecting the person's privacy;
(b) Subjecting a patient to an intimate examination in the presence of a third party, other than a chaperone, without the patient's consent or in the event such consent has been withdrawn;
(c) Making comments that are not clinically relevant about or to the patient, including but not limited to, making sexual comments about a patient's body or underclothing, making sexualized or sexually demeaning comments to a patient, criticizing the patient's sexual orientation, or making comments about potential sexual performance;
(d) Soliciting a date or romantic relationship;
(e) Initiation by the licensee of conversation regarding the sexual problems, preferences, or fantasies of the licensee;
(f) Requesting details of sexual history or sexual likes or dislikes when not clinically indicated for the type of examination or consultation; and
(g) Failing to offer the patient the opportunity to have a third person or chaperone in the examining room during an intimate examination and/or failing to provide a third person or chaperone in the examining room during an intimate examination upon the request of the patient.

(2) Sexual contact by a licensee, including but not limited to, the following:
(a) Touching a breast or any body part that has sexual connotation for the licensee or patient, for any purpose other than appropriate examination or treatment, or where the patient has refused or has withdrawn consent; and
(b) Examining or touching of the patient's genitals without the use of gloves.

(3) Sexual conduct between a licensee and patient whether or not initiated by, consented to, or participated in by a patient, and any conduct with a patient that is sexual or may be reasonably interpreted as sexual, or may be reasonably interpreted as sexual, including but not limited to, the following:
(a) Sexual intercourse, genital to genital contact;
(b) Oral to genital contact;
(c) Oral to anal contact, genital to anal contact;
(d) Kissing in a romantic or sexual manner;
(e) Encouraging the patient to masturbate in the presence of the licensee or masturbation by the licensee while the patient is present;
(f) Offering to provide practice-related services, such as drugs, in exchange for sexual favors; and
(g) Performing an intimate examination or consultation without clinical justification.

(4) Conduct described in paragraphs (G)(1)(a), (G)(1)(b), (G)(1)(g), and (G)(2)(b) of this rule does not constitute sexual misconduct when all of the following criteria are met:
(a) The conduct occurred during the rendering of medical care in an emergency setting;
(b) The care rendered was medically necessary; and
(c) Both of the following conditions are met:
(i) The patient was unconscious or otherwise unable to consent to treatment; and
(ii) The patient's medical condition required immediate action and the licensee could not comply with the provisions of paragraph (G)(1)(a), (G)(1)(b), (G)(1)(g), or (G)(2)(b) of this rule, as applicable, due to circumstances not within the licensee's control.

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