MAY-JUN 2018

MedEsthetics—business education for medical practitioners—provides the latest noninvasive cosmetic procedures, treatment trends, product and equipment reviews, legal issues and medical aesthetics industry news.

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For example, Dr. Conrad Murray, the personal physi- cian for music legend Michael Jackson was found to have improperly administered propofol—a drug specifi ed for use as an anesthetic—to the "King of Pop" in order to help him sleep. Dr. Murray was found to be complicit in Jackson's death, was convicted of involuntary manslaughter and sen- tenced to four years in prison. (He served two.) "Propofol is a drug associated with anesthesia and gener- ally used only for surgery. But Michael Jackson's physician was using it to sedate him," says Adatto. "This goes to the question of standard of care. If other physicians are not using the drug for that off-label indication and the literature does not support that use, the physician is subjecting him- self to malpractice claims, loss of license, and in this case, jail time." To protect your practice, your patients and your medical license, consider whether you would be able to explain to your medical board why this off-label treatment is in the best interest of the patient, and the evidence you have to support that claim. Also, update your malpractice insurance provider on all new treatments offered within your practice. INFORMED CONSENT Misleading patients as to the specifi ed use of the drugs you administer is another way for doctors to run afoul of their medical boards. Doctors who administer off-label treatments must be forthcoming with patients and obtain consent before providing these treatments. "If a provider tells a patient that a drug has been ap- proved for a particular condition, and the FDA has not approved it for that condition, the state medical board may consider that the doctor is providing false or misleading information," Adatto says. "When you use a drug off-label to treat a patient, make sure you provide the proper risk disclosures and obtain the applicable consents in writing." Practices should have a separate informed consent form specifi cally for off-label treatments that describes the potential risks and states that the product is being used in a way that has not been approved by the FDA. "Document that the patient received this information both orally and in writing," Adatto says. "That's going to help protect the physician because it shows that they did tell this particular patient that they were using this drug 28 MAY/JUNE 2018 | Med Esthetics © GETTY IMAGES LEGAL ISSUES • • 800.221.0658 S e e i t i n a c t i o n : w w w. b i t . l y / s y r i n g e t r a y ® Neutral Zone Tray Hands Free Technique made easy! Enforces Sharps Safety recommendations from AORN, OSHA, & CDC Autoclavable reusable - improve syringe safety for pennies per procedure* Un-cap needles easily & safely Re-cap with one hand

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