(a)

1. (1) Pursuant to Arkansas Code § 17-95-202, the practice of medicine involves the use of surgery for the diagnosing and treatment of:

   1. (A) Human disease;
   2. (B) Ailment;
   3. (C) Injury;
   4. (D) Deformity; or
   5. (E) Other physical conditions.
2. (2) Surgery is further defined by the Arkansas State Medical Board as any procedure in which human tissue is cut, altered, or otherwise infiltrated by mechanical means, to include the use of lasers.
3. (3) The board further finds that the use of medical lasers on human beings, for therapeutic or cosmetic purposes, constitutes the practice of medicine.

(b)

1. (1) Under appropriate circumstances, that being the performing of minor procedures, a physician may delegate certain procedures and services to appropriately trained nonphysician office personnel.

2. (2) The physician, when delegating these minor procedures, must comply with the following protocol:

   1. (A) The physician must personally diagnose the condition of the patient and prescribe the treatment and procedure to be performed;
   2. (B) The physician may delegate the performance of certain tasks in the treatment only to trained nonphysician personnel skilled in that procedure;
   3. (C) The physician must make himself or herself available to respond to the patient should there be any complications from the minor procedure; and
   4. (D) The physician should ensure that documentation in patient records adequately describes the condition of the patient and the procedure performed, and who performed said procedure.

(d)

1. (1) Arkansas Code § 17-95-409(a)(2)(G) states that the board may revoke an existing license or suspend the same if a physician has committed unprofessional conduct, further defined as committing gross negligence or ignorant malpractice.

2. (2) The board finds that a physician has, in fact, committed gross negligence if he or she performs laser surgery on patients without benefit of:

   1. (A) Clinical experience in the use of lasers;
   2. (B) Training of clinical management of patients;
   3. (C) Continuing medical education courses in the use of lasers; or
   4. (D) Providing appropriate preoperative, operative, and post-operative management.