54.1-2900 - Definitions.

§ 54.1-2900. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Acupuncturist" means individuals approved by the Board to practiceacupuncture. This is limited to "licensed acupuncturist" which means anindividual other than a doctor of medicine, osteopathy, chiropractic orpodiatry who has successfully completed the requirements for licensureestablished by the Board (approved titles are limited to: LicensedAcupuncturist, Lic.Ac., and L.Ac.).

"Auricular acupuncture" means the subcutaneous insertion of sterile,disposable acupuncture needles in predetermined, bilateral locations in theouter ear when used exclusively and specifically in the context of a chemicaldependency treatment program.

"Board" means the Board of Medicine.

"Healing arts" means the arts and sciences dealing with the prevention,diagnosis, treatment and cure or alleviation of human physical or mentalailments, conditions, diseases, pain or infirmities.

"Medical malpractice judgment" means any final order of any court enteringjudgment against a licensee of the Board that arises out of any tort actionor breach of contract action for personal injuries or wrongful death, basedon health care or professional services rendered, or that should have beenrendered, by a health care provider, to a patient.

"Medical malpractice settlement" means any written agreement and releaseentered into by or on behalf of a licensee of the Board in response to awritten claim for money damages that arises out of any personal injuries orwrongful death, based on health care or professional services rendered, orthat should have been rendered, by a health care provider, to a patient.

"Occupational therapy assistant" means an individual who has met therequirements of the Board for licensure and who works under the supervisionof a licensed occupational therapist to assist in the practice ofoccupational therapy.

"Physician assistant" means an individual who has met the requirements ofthe Board for licensure and who works under the supervision of a licenseddoctor of medicine, osteopathy, or podiatry.

"Practice of acupuncture" means the stimulation of certain points on ornear the surface of the body by the insertion of needles to prevent or modifythe perception of pain or to normalize physiological functions, includingpain control, for the treatment of certain ailments or conditions of the bodyand includes the techniques of electroacupuncture, cupping and moxibustion.The practice of acupuncture does not include the use of physical therapy,chiropractic, or osteopathic manipulative techniques; the use or prescribingof any drugs, medications, serums or vaccines; or the procedure of auricularacupuncture as exempted in § 54.1-2901 when used in the context of a chemicaldependency treatment program for patients eligible for federal, state orlocal public funds by an employee of the program who is trained and approvedby the National Acupuncture Detoxification Association or an equivalentcertifying body.

"Practice of athletic training" means the prevention, recognition,evaluation, and treatment of injuries or conditions related to athletic orrecreational activity that requires physical skill and utilizes strength,power, endurance, speed, flexibility, range of motion or agility or asubstantially similar injury or condition resulting from occupationalactivity immediately upon the onset of such injury or condition; andsubsequent treatment and rehabilitation of such injuries or conditions underthe direction of a licensed physical therapist and the patient's physician orunder the direction of any doctor of medicine, osteopathy, chiropractic,podiatry, or dentistry, while using heat, light, sound, cold, electricity,exercise or mechanical or other devices.

"Practice of chiropractic" means the adjustment of the 24 movable vertebraeof the spinal column, and assisting nature for the purpose of normalizing thetransmission of nerve energy, but does not include the use of surgery,obstetrics, osteopathy or the administration or prescribing of any drugs,medicines, serums or vaccines.

"Practice of medicine or osteopathic medicine" means the prevention,diagnosis and treatment of human physical or mental ailments, conditions,diseases, pain or infirmities by any means or method.

"Practice of occupational therapy" means the evaluation, analysis,assessment, and delivery of education and training in activities of dailyliving (ADL); the design, fabrication, and application of orthoses (splints);guidance in the selection and use of adaptive equipment; therapeuticactivities to enhance functional performance; prevocational evaluation andtraining; and consultation concerning the adaptation of physical environmentsfor individuals who have disabilities.

"Practice of podiatry" means the prevention, diagnosis, treatment, and cureor alleviation of physical conditions, diseases, pain, or infirmities of thehuman foot and ankle, including the medical, mechanical and surgicaltreatment of the ailments of the human foot and ankle, but does not includeamputation of the foot proximal to the transmetatarsal level through themetatarsal shafts. Amputations proximal to the metatarsal-phalangeal jointsmay only be performed in a hospital or ambulatory surgery facility accreditedby an organization listed in § 54.1-2939. The Board of Medicine shalldetermine whether a specific type of treatment of the foot and ankle iswithin the scope of practice of podiatry.

"Practice of radiologic technology" means the application of x-rays tohuman beings for diagnostic or therapeutic purposes.

"Practice of respiratory care" means the (i) administration ofpharmacological, diagnostic, and therapeutic agents related to respiratorycare procedures necessary to implement a treatment, disease prevention,pulmonary rehabilitative, or diagnostic regimen prescribed by a practitionerof medicine or osteopathic medicine; (ii) transcription and implementation ofthe written or verbal orders of a practitioner of medicine or osteopathicmedicine pertaining to the practice of respiratory care; (iii) observationand monitoring of signs and symptoms, general behavior, general physicalresponse to respiratory care treatment and diagnostic testing, includingdetermination of whether such signs, symptoms, reactions, behavior or generalphysical response exhibit abnormal characteristics; and (iv) implementationof respiratory care procedures, based on observed abnormalities, orappropriate reporting, referral, respiratory care protocols or changes intreatment pursuant to the written or verbal orders by a licensed practitionerof medicine or osteopathic medicine or the initiation of emergencyprocedures, pursuant to the Board's regulations or as otherwise authorized bylaw. The practice of respiratory care may be performed in any clinic,hospital, skilled nursing facility, private dwelling or other place deemedappropriate by the Board in accordance with the written or verbal order of apractitioner of medicine or osteopathic medicine, and shall be performedunder qualified medical direction.

"Qualified medical direction" means, in the context of the practice ofrespiratory care, having readily accessible to the respiratory carepractitioner a licensed practitioner of medicine or osteopathic medicine whohas specialty training or experience in the management of acute and chronicrespiratory disorders and who is responsible for the quality, safety, andappropriateness of the respiratory services provided by the respiratory carepractitioner.

"Radiologic technologist" means an individual, other than a licensed doctorof medicine, osteopathy, podiatry, or chiropractic, or a dentist licensedpursuant to Chapter 27 (§ 54.1-2700 et seq.) of this title, who (i) performs,may be called upon to perform, or who is licensed to perform a comprehensivescope of diagnostic radiologic procedures employing equipment which emitsionizing radiation and (ii) is delegated or exercises responsibility for theoperation of radiation-generating equipment, the shielding of patient andstaff from unnecessary radiation, the appropriate exposure of radiographs orother procedures which contribute to any significant extent to the site ordosage of ionizing radiation to which a patient is exposed.

"Radiologic technologist, limited" means an individual, other than alicensed radiologic technologist, dental hygienist or person who is otherwiseauthorized by the Board of Dentistry under Chapter 27 (§ 54.1-2700 et seq.)of this title and the regulations pursuant thereto, who performs diagnosticradiographic procedures employing equipment which emits ionizing radiationwhich is limited to specific areas of the human body.

"Radiologist assistant" means an individual who has met the requirements ofthe Board for licensure as an advanced-level radiologic technologist and who,under the direct supervision of a licensed doctor of medicine or osteopathyspecializing in the field of radiology, is authorized to (i) assess andevaluate the physiological and psychological responsiveness of patientsundergoing radiologic procedures; (ii) evaluate image quality, make initialobservations, and communicate observations to the supervising radiologist;(iii) administer contrast media or other medications prescribed by thesupervising radiologist; and (iv) perform, or assist the supervisingradiologist to perform, any other procedure consistent with the guidelinesadopted by the American College of Radiology, the American Society ofRadiologic Technologists, and the American Registry of RadiologicTechnologists.

"Respiratory care" means the practice of the allied health professionresponsible for the direct and indirect services, including inhalationtherapy and respiratory therapy, in the treatment, management, diagnostictesting, control and care of patients with deficiencies and abnormalitiesassociated with the cardiopulmonary system under qualified medical direction.

(Code 1950, § 54-273; 1950, p. 110; 1958, c. 161; 1960, c. 268; 1966, c. 657;1970, c. 69; 1973, c. 529; 1975, cc. 508, 512; 1977, c. 127; 1980, c. 157;1986, c. 439; 1987, cc. 522, 543; 1988, cc. 737, 765; 1991, c. 643; 1994, c.803; 1995, c. 777; 1996, cc. 152, 158, 470, 937, 980; 1998, cc. 319, 557,593; 1999, cc. 639, 682, 747, 779; 2000, cc. 688, 814; 2001, c. 533; 2004, c.731; 2007, c. 861; 2008, cc. 64, 89; 2009, cc. 83, 507; 2010, cc. 715, 725.)