Senate Bill sb0626

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    Florida Senate - 2004                                   SB 626

    By Senators Fasano, Peaden and Klein





    11-308A-04

  1                      A bill to be entitled

  2         An act relating to anesthesiologist assistants;

  3         amending s. 456.048, F.S.; requiring the Board

  4         of Medicine and the Board of Osteopathic

  5         Medicine to require medical malpractice

  6         insurance or proof of financial responsibility

  7         as a condition of licensure or licensure

  8         renewal for licensed anesthesiologist

  9         assistants; amending ss. 458.331, 459.015,

10         F.S.; revising grounds for which a physician

11         may be disciplined for failing to provide

12         adequate supervision; creating ss. 458.3475,

13         459.023, F.S.; providing definitions; providing

14         performance standards for anesthesiologist

15         assistants and supervising anesthesiologists;

16         providing for the approval of training programs

17         and for services authorized to be performed by

18         trainees; providing licensing procedures;

19         providing for fees; providing for additional

20         membership, powers, and duties of the Board of

21         Medicine and the Board of Osteopathic Medicine;

22         providing penalties; providing for disciplinary

23         actions; providing for the adoption of rules;

24         prescribing liability; providing for the

25         allocation of fees; providing an effective

26         date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 456.048, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2004                                   SB 626
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 1         456.048  Financial responsibility requirements for

 2  certain health care practitioners.--

 3         (1)  As a prerequisite for licensure or license

 4  renewal, the Board of Acupuncture, the Board of Chiropractic

 5  Medicine, the Board of Podiatric Medicine, and the Board of

 6  Dentistry shall, by rule, require that all health care

 7  practitioners licensed under the respective board, and the

 8  Board of Medicine and the Board of Osteopathic Medicine shall,

 9  by rule, require that all anesthesiologist assistants licensed

10  pursuant to s. 458.3475 or s. 459.023, and the Board of

11  Nursing shall, by rule, require that advanced registered nurse

12  practitioners certified under s. 464.012, and the department

13  shall, by rule, require that midwives maintain medical

14  malpractice insurance or provide proof of financial

15  responsibility in an amount and in a manner determined by the

16  board or department to be sufficient to cover claims arising

17  out of the rendering of or failure to render professional care

18  and services in this state.

19         (2)  The board or department may grant exemptions upon

20  application by practitioners meeting any of the following

21  criteria:

22         (a)  Any person licensed under chapter 457, s.

23  458.3475, s. 459.023, chapter 460, chapter 461, s. 464.012,

24  chapter 466, or chapter 467 who practices exclusively as an

25  officer, employee, or agent of the Federal Government or of

26  the state or its agencies or its subdivisions.  For the

27  purposes of this subsection, an agent of the state, its

28  agencies, or its subdivisions is a person who is eligible for

29  coverage under any self-insurance or insurance program

30  authorized by the provisions of s. 768.28(15) or who is a

31  volunteer under s. 110.501(1).

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 1         (b)  Any person whose license or certification has

 2  become inactive under chapter 457, s. 458.3475, s. 459.023,

 3  chapter 460, chapter 461, part I of chapter 464, chapter 466,

 4  or chapter 467 and who is not practicing in this state.  Any

 5  person applying for reactivation of a license must show either

 6  that such licensee maintained tail insurance coverage which

 7  provided liability coverage for incidents that occurred on or

 8  after October 1, 1993, or the initial date of licensure in

 9  this state, whichever is later, and incidents that occurred

10  before the date on which the license became inactive; or such

11  licensee must submit an affidavit stating that such licensee

12  has no unsatisfied medical malpractice judgments or

13  settlements at the time of application for reactivation.

14         (c)  Any person holding a limited license pursuant to

15  s. 456.015, and practicing under the scope of such limited

16  license.

17         (d)  Any person licensed or certified under chapter

18  457, s. 458.3475, s. 459.023, chapter 460, chapter 461, s.

19  464.012, chapter 466, or chapter 467 who practices only in

20  conjunction with his or her teaching duties at an accredited

21  school or in its main teaching hospitals. Such person may

22  engage in the practice of medicine to the extent that such

23  practice is incidental to and a necessary part of duties in

24  connection with the teaching position in the school.

25         (e)  Any person holding an active license or

26  certification under chapter 457, s. 458.3475, s. 459.023,

27  chapter 460, chapter 461, s. 464.012, chapter 466, or chapter

28  467 who is not practicing in this state.  If such person

29  initiates or resumes practice in this state, he or she must

30  notify the department of such activity.

31  

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 1         (f)  Any person who can demonstrate to the board or

 2  department that he or she has no malpractice exposure in the

 3  state.

 4         (3)  Notwithstanding the provisions of this section,

 5  the financial responsibility requirements of ss. 458.320 and

 6  459.0085 shall continue to apply to practitioners licensed

 7  under those chapters, except for anesthesiologist assistants

 8  licensed pursuant to s. 458.3475 or s. 459.023 who must meet

 9  the requirements of this section.

10         Section 2.  Paragraph (dd) of subsection (1) of section

11  458.331, Florida Statutes, is amended to read:

12         458.331  Grounds for disciplinary action; action by the

13  board and department.--

14         (1)  The following acts constitute grounds for denial

15  of a license or disciplinary action, as specified in s.

16  456.072(2):

17         (dd)  Failing to supervise adequately the activities of

18  those physician assistants, paramedics, emergency medical

19  technicians, or advanced registered nurse practitioners, or

20  anesthesiologist assistants acting under the supervision of

21  the physician.

22         Section 3.  Section 458.3475, Florida Statutes, is

23  created to read:

24         458.3475  Anesthesiologist assistants.--

25         (1)  DEFINITIONS.--As used in this section, the term:

26         (a)  "Anesthesiologist" means an allopathic physician

27  who holds an active, unrestricted license; who has

28  successfully completed an anesthesiology training program

29  approved by the Accreditation Council on Graduate Medical

30  Education or its equivalent; and who is certified by the

31  American Board of Anesthesiology, is eligible to take that

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    Florida Senate - 2004                                   SB 626
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 1  board's examination, or is certified by the Board of

 2  Certification in Anesthesiology affiliated with the American

 3  Association of Physician Specialists.

 4         (b)  "Anesthesiologist assistant" means a graduate of

 5  an approved program who is licensed to perform medical

 6  services delegated and directly supervised by a supervising

 7  anesthesiologist.

 8         (c)  "Anesthesiology" means the practice of medicine

 9  that specializes in the relief of pain during and after

10  surgical procedures and childbirth, during certain chronic

11  disease processes, and during resuscitation and critical care

12  of patients in the operating room and intensive care

13  environments.

14         (d)  "Approved program" means a program for the

15  education and training of anesthesiologist assistants which

16  has been approved by the boards as provided in subsection (5).

17         (e)  "Boards" means the Board of Medicine and the Board

18  of Osteopathic Medicine.

19         (f)  "Continuing medical education" means courses

20  recognized and approved by the boards, the American Academy of

21  Physician Assistants, the American Medical Association, the

22  American Osteopathic Association, the American Academy of

23  Anesthesiologist Assistants, the American Society of

24  Anesthesiologists, or the Accreditation Council on Continuing

25  Medical Education.

26         (g)  "Direct supervision" means supervision by an

27  anesthesiologist who is present in the office or the surgical

28  or obstetrical suite that the anesthesiologist assistant is in

29  and who is immediately available to provide assistance and

30  direction while anesthesia services are being performed.

31  

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 1         (h)  "Proficiency examination" means an entry-level

 2  examination approved by the boards, including examination

 3  administered by the National Commission on Certification of

 4  Anesthesiologist Assistants.

 5         (i)  "Trainee" means a person who is currently enrolled

 6  in an approved program.

 7         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

 8         (a)  An anesthesiologist who directly supervises an

 9  anesthesiologist assistant must be qualified in the medical

10  areas in which the anesthesiologist assistant performs and is

11  liable for the performance of the anesthesiologist assistant.

12  An anesthesiologist may only supervise two anesthesiologist

13  assistants at the same time. The board may, by rule, allow an

14  anesthesiologist to supervise up to four anesthesiologist

15  assistants, after July 1, 2008.

16         (b)  An anesthesiologist or group of anesthesiologists

17  must, upon establishing a supervisory relationship with an

18  anesthesiologist assistant, file with the board a written

19  protocol that includes, at a minimum:

20         1.  The name, address, and license number of the

21  anesthesiologist assistant.

22         2.  The name, address, license number, and federal Drug

23  Enforcement Administration number of each physician who will

24  be supervising the anesthesiologist assistant.

25         3.  The address of the anesthesiologist assistant's

26  primary practice location and the address of any other

27  locations where the anesthesiologist assistant may practice.

28         4.  The date the protocol was developed and the dates

29  of all revisions.

30         5.  The signatures of the anesthesiologist assistant

31  and all supervising physicians.

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 1         6.  The duties and functions of the anesthesiologist

 2  assistant.

 3         7.  The conditions or procedures that require the

 4  personal provision of care by an anesthesiologist.

 5         8.  The procedures to be followed in the event of an

 6  anesthetic emergency.

 7  

 8  The protocol must be on file with the board before the

 9  anesthesiologist assistant may practice with the

10  anesthesiologist or group. An anesthesiologist assistant may

11  not practice unless a written protocol has been filed for that

12  anesthesiologist assistant in accordance with this paragraph,

13  and the anesthesiologist assistant may only practice under the

14  direct supervision of an anesthesiologist who has signed the

15  protocol. The protocol must be updated biennially.

16         (3)  PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.--

17         (a)  An anesthesiologist assistant may assist an

18  anesthesiologist in developing and implementing an anesthesia

19  care plan for a patient. In providing assistance to an

20  anesthesiologist, an anesthesiologist assistant may perform

21  duties established by rule by the board in any of the

22  following functions that are included in the anesthesiologist

23  assistant's protocol while under the direct supervision of an

24  anesthesiologist:

25         1.  Obtain a comprehensive patient history and present

26  the history to the supervising anesthesiologist.

27         2.  Pretest and calibrate anesthesia delivery systems

28  and monitor, obtain, and interpret information from the

29  systems and monitors.

30         3.  Assist the supervising anesthesiologist with the

31  implementation of medically accepted monitoring techniques.

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 1         4.  Establish basic and advanced airway interventions,

 2  including intubation of the trachea and performing ventilatory

 3  support.

 4         5.  Administer intermittent vasoactive drugs and start

 5  and adjust vasoactive infusions.

 6         6.  Administer anesthetic drugs, adjuvant drugs, and

 7  accessory drugs.

 8         7.  Assist the supervising anesthesiologist with the

 9  performance of epidural anesthetic procedures and spinal

10  anesthetic procedures.

11         8.  Administer blood, blood products, and supportive

12  fluids.

13         9.  Support life functions during anesthesia health

14  care, including induction and intubation procedures, the use

15  of appropriate mechanical supportive devices, and the

16  management of fluid, electrolyte, and blood component

17  balances.

18         10.  Recognize and take appropriate corrective action

19  for abnormal patient responses to anesthesia, adjunctive

20  medication, or other forms of therapy.

21         11.  Participate in management of the patient while in

22  the postanesthesia recovery area, including the administration

23  of any supporting fluids or drugs.

24         12.  Place special peripheral and central venous and

25  arterial lines for blood sampling and monitoring as

26  appropriate.

27         (b)  Nothing in this section or chapter prevents

28  third-party payors from reimbursing employers of

29  anesthesiologist assistants for covered services rendered by

30  such anesthesiologist assistants.

31  

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 1         (c)  An anesthesiologist assistant must clearly convey

 2  to the patient that he or she is an anesthesiologist

 3  assistant.

 4         (d)  An anesthesiologist assistant may perform

 5  anesthesia tasks and services within the framework of a

 6  written practice protocol developed between the supervising

 7  anesthesiologist and the anesthesiologist assistant.

 8         (e)  An anesthesiologist assistant may not prescribe,

 9  order, or compound any controlled substance, legend drug, or

10  medical device, nor may an anesthesiologist assistant dispense

11  sample drugs to patients.  Nothing in this paragraph prohibits

12  an anesthesiologist assistant from administering legend drugs

13  or controlled substances; intravenous drugs, fluids, or blood

14  products; or inhalation or other anesthetic agents to patients

15  which are ordered by the supervising anesthesiologist and

16  administered while under the direct supervision of the

17  supervising anesthesiologist.

18         (4)  PERFORMANCE BY TRAINEES.--The practice of a

19  trainee is exempt from the requirements of this chapter while

20  the trainee is performing assigned tasks as a trainee in

21  conjunction with an approved program. Before providing

22  anesthesia services, including the administration of

23  anesthesia in conjunction with the requirements of an approved

24  program, the trainee must clearly convey to the patient that

25  he or she is a trainee.

26         (5)  PROGRAM APPROVAL.--The boards shall approve

27  programs for the education and training of anesthesiologist

28  assistants which meet standards established by board rules.

29  The boards may recommend only those anesthesiologist assistant

30  training programs that hold full accreditation or provisional

31  

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 1  accreditation from the Commission on Accreditation of Allied

 2  Health Education Programs.

 3         (6)  ANESTHESIOLOGIST ASSISTANT LICENSURE.--

 4         (a)  Any person desiring to be licensed as an

 5  anesthesiologist assistant must apply to the department. The

 6  department shall issue a license to any person certified by

 7  the board to:

 8         1.  Be at least 18 years of age.

 9         2.  Have satisfactorily passed a proficiency

10  examination with a score established by the National

11  Commission on Certification of Anesthesiologist Assistants.

12         3.  Be certified in advanced cardiac life support.

13         4.  Have completed the application form and remitted an

14  application fee, not to exceed $1,000, as set by the boards.

15  An application must include:

16         a.  A certificate of completion of an approved graduate

17  level program.

18         b.  A sworn statement of any prior felony convictions.

19         c.  A sworn statement of any prior discipline or denial

20  of licensure or certification in any state.

21         d.  Two letters of recommendation from

22  anesthesiologists.

23         (b)  A license must be renewed biennially. Each renewal

24  must include:

25         1.  A renewal fee, not to exceed $1,000, as set by the

26  boards.

27         2.  A sworn statement of no felony convictions in the

28  immediately preceding 2 years.

29         (c)  Each licensed anesthesiologist assistant must

30  biennially complete 40 hours of continuing medical education

31  or hold a current certificate issued by the National

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 1  Commission on Certification of Anesthesiologist Assistants or

 2  its successor.

 3         (d)  An anesthesiologist assistant must notify the

 4  department in writing within 30 days after obtaining

 5  employment that requires a license under this chapter and

 6  after any subsequent change in his or her supervising

 7  anesthesiologist. The notification must include the full name,

 8  license number, specialty, and address of the supervising

 9  anesthesiologist. Submission of the required protocol

10  satisfies this requirement.

11         (e)  The Board of Medicine may impose upon an

12  anesthesiologist assistant any penalty specified in s. 456.072

13  or s. 458.331(2) if the anesthesiologist assistant or the

14  supervising anesthesiologist is found guilty of or is

15  investigated for an act that constitutes a violation of this

16  chapter or chapter 456.

17         (7)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

18  ADVISE THE BOARD.--

19         (a)  The chairman of the board may appoint an

20  anesthesiologist and an anesthesiologist assistant to advise

21  the board as to the adoption of rules for the licensure of

22  anesthesiologist assistants. The board may use a committee

23  structure that is most practicable in order to receive any

24  recommendations to the board regarding rules and all matters

25  relating to anesthesiologist assistants, including, but not

26  limited to, recommendations to improve safety in the clinical

27  practices of licensed anesthesiologist assistants.

28         (b)  In addition to its other duties and

29  responsibilities as prescribed by law, the board shall:

30         1.  Recommend to the department the licensure of

31  anesthesiologist assistants.

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 1         2.  Develop all rules regulating the use of

 2  anesthesiologist assistants by qualified anesthesiologists

 3  under this chapter and chapter 459, except for rules relating

 4  to the formulary developed under s. 458.347(4)(f). The board

 5  shall also develop rules to ensure that the continuity of

 6  supervision is maintained in each practice setting. The boards

 7  shall consider adopting a proposed rule at the regularly

 8  scheduled meeting immediately following the submission of the

 9  proposed rule. A proposed rule may not be adopted by either

10  board unless both boards have accepted and approved the

11  identical language contained in the proposed rule. The

12  language of all proposed rules must be approved by both boards

13  pursuant to each respective board's guidelines and standards

14  regarding the adoption of proposed rules.

15         3.  Address concerns and problems of practicing

16  anesthesiologist assistants to improve safety in the clinical

17  practices of licensed anesthesiologist assistants.

18         (c)  When the board finds that an applicant for

19  licensure has failed to meet, to the board's satisfaction,

20  each of the requirements for licensure set forth in this

21  section, the board may enter an order to:

22         1.  Refuse to certify the applicant for licensure;

23         2.  Approve the applicant for licensure with

24  restrictions on the scope of practice or license; or

25         3.  Approve the applicant for conditional licensure.

26  Such conditions may include placement of the licensee on

27  probation for a period of time and subject to such conditions

28  as the board specifies, including, but not limited to,

29  requiring the licensee to undergo treatment, to attend

30  continuing education courses, or to take corrective action.

31  

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 1         (8)  PENALTY.--A person who falsely holds himself or

 2  herself out as an anesthesiologist assistant commits a felony

 3  of the third degree, punishable as provided in s. 775.082, s.

 4  775.083, or s. 775.084.

 5         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

 6  LICENSURE.--The boards may deny, suspend, or revoke the

 7  license of an anesthesiologist assistant who the board

 8  determines has violated any provision of this section or

 9  chapter or any rule adopted pursuant thereto.

10         (10)  RULES.--The boards shall adopt rules to

11  administer this section.

12         (11)  LIABILITY.--A supervising anesthesiologist is

13  liable for any act or omission of an anesthesiologist

14  assistant acting under the anesthesiologist's supervision and

15  control and shall comply with the financial responsibility

16  requirements of this chapter and chapter 456, as applicable.

17         (12)  FEES.--The department shall allocate the fees

18  collected under this section to the board.

19         Section 4.  Paragraph (hh) of subsection (1) of section

20  459.015, Florida Statutes, is amended to read:

21         459.015  Grounds for disciplinary action; action by the

22  board and department.--

23         (1)  The following acts constitute grounds for denial

24  of a license or disciplinary action, as specified in s.

25  456.072(2):

26         (hh)  Failing to supervise adequately the activities of

27  those physician assistants, paramedics, emergency medical

28  technicians, advanced registered nurse practitioners,

29  anesthesiologist assistants, or other persons acting under the

30  supervision of the osteopathic physician.

31  

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 1         Section 5.  Section 459.023, Florida Statutes, is

 2  created to read:

 3         459.023  Anesthesiologist assistants.--

 4         (1)  DEFINITIONS.--As used in this section, the term:

 5         (a)  "Anesthesiologist" means an osteopathic physician

 6  who holds an active, unrestricted license; who has

 7  successfully completed an anesthesiology training program

 8  approved by the Accreditation Council on Graduate Medical

 9  Education, or its equivalent, or the American Osteopathic

10  Association; and who is certified by the American Osteopathic

11  Board of Anesthesiology or is eligible to take that board's

12  examination, is certified by the American Board of

13  Anesthesiology or is eligible to take that board's

14  examination, or is certified by the Board of Certification in

15  Anesthesiology affiliated with the American Association of

16  Physician Specialists.

17         (b)  "Anesthesiologist assistant" means a graduate of

18  an approved program who is licensed to perform medical

19  services delegated and directly supervised by a supervising

20  anesthesiologist.

21         (c)  "Anesthesiology" means the practice of medicine

22  that specializes in the relief of pain during and after

23  surgical procedures and childbirth, during certain chronic

24  disease processes, and during resuscitation and critical care

25  of patients in the operating room and intensive care

26  environments.

27         (d)  "Approved program" means a program for the

28  education and training of anesthesiologist assistants which

29  has been approved by the boards as provided in subsection (5).

30         (e)  "Boards" means the Board of Medicine and the Board

31  of Osteopathic Medicine.

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 1         (f)  "Continuing medical education" means courses

 2  recognized and approved by the boards, the American Academy of

 3  Physician Assistants, the American Medical Association, the

 4  American Osteopathic Association, the American Academy of

 5  Anesthesiologist Assistants, the American Society of

 6  Anesthesiologists, or the Accreditation Council on Continuing

 7  Medical Education.

 8         (g)  "Direct supervision" means supervision by an

 9  anesthesiologist who is present in the office or the surgical

10  or obstetrical suite/fcat the anesthesiologist assistant is in

11  and who is immediately available to provide assistance and

12  direction while anesthesia services are being performed.

13         (h)  "Proficiency examination" means an entry-level

14  examination approved by the boards, including examinations

15  administered by the National Commission on Certification of

16  Anesthesiologist Assistants.

17         (i)  "Trainee" means a person who is currently enrolled

18  in an approved program.

19         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

20         (a)  An anesthesiologist who directly supervises an

21  anesthesiologist assistant must be qualified in the medical

22  areas in which the anesthesiologist assistant performs and is

23  liable for the performance of the anesthesiologist assistant.

24  An anesthesiologist may only supervise two anesthesiologist

25  assistants at the same time. The board may, by rule, allow an

26  anesthesiologist to supervise up to four anesthesiologist

27  assistants, after July 1, 2008.

28         (b)  An anesthesiologist or group of anesthesiologists

29  must, upon establishing a supervisory relationship with an

30  anesthesiologist assistant, file with the board a written

31  protocol that includes, at a minimum:

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 1         1.  The name, address, and license number of the

 2  anesthesiologist assistant.

 3         2.  The name, address, license number, and federal Drug

 4  Enforcement Administration number of each physician who will

 5  be supervising the anesthesiologist assistant.

 6         3.  The address of the anesthesiologist assistant's

 7  primary practice location and the address of any other

 8  locations where the anesthesiologist assistant may practice.

 9         4.  The date the protocol was developed and the dates

10  of all revisions.

11         5.  The signatures of the anesthesiologist assistant

12  and all supervising physicians.

13         6.  The duties and functions of the anesthesiologist

14  assistant.

15         7.  The conditions or procedures that require the

16  personal provision of care by an anesthesiologist.

17         8.  The procedures to be followed in the event of an

18  anesthetic emergency.

19  

20  The protocol must be on file with the board before the

21  anesthesiologist assistant may practice with the

22  anesthesiologist or group. An anesthesiologist assistant may

23  not practice unless a written protocol has been filed for that

24  anesthesiologist assistant in accordance with this paragraph,

25  and the anesthesiologist assistant may only practice under the

26  direct supervision of an anesthesiologist who has signed the

27  protocol. The protocol must be updated biennially.

28         (3)  PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.--

29         (a)  An anesthesiologist assistant may assist an

30  anesthesiologist in developing and implementing an anesthesia

31  care plan for a patient. In providing assistance to an

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 1  anesthesiologist, an anesthesiologist assistant may perform

 2  duties established by rule by the board in any of the

 3  following functions that are included in the anesthesiologist

 4  assistant's protocol while under the direct supervision of an

 5  anesthesiologist:

 6         1.  Obtain a comprehensive patient history and present

 7  the history to the supervising anesthesiologist.

 8         2.  Pretest and calibrate anesthesia delivery systems

 9  and monitor, obtain, and interpret information from the

10  systems and monitors.

11         3.  Assist the supervising anesthesiologist with the

12  implementation of medically accepted monitoring techniques.

13         4.  Establish basic and advanced airway interventions,

14  including intubation of the trachea and performing ventilatory

15  support.

16         5.  Administer intermittent vasoactive drugs and start

17  and adjust vasoactive infusions.

18         6.  Administer anesthetic drugs, adjuvant drugs, and

19  accessory drugs.

20         7.  Assist the supervising anesthesiologist with the

21  performance of epidural anesthetic procedures and spinal

22  anesthetic procedures.

23         8.  Administer blood, blood products, and supportive

24  fluids.

25         9.  Support life functions during anesthesia health

26  care, including induction and intubation procedures, the use

27  of appropriate mechanical supportive devices, and the

28  management of fluid, electrolyte, and blood component

29  balances.

30  

31  

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 1         10.  Recognize and take appropriate corrective action

 2  for abnormal patient responses to anesthesia, adjunctive

 3  medication, or other forms of therapy.

 4         11.  Participate in management of the patient while in

 5  the postanesthesia recovery area, including the administration

 6  of any supporting fluids or drugs.

 7         12.  Place special peripheral and central venous and

 8  arterial lines for blood sampling and monitoring as

 9  appropriate.

10         (b)  Nothing in this section or chapter prevents

11  third-party payors from reimbursing employers of

12  anesthesiologist assistants for covered services rendered by

13  such anesthesiologist assistants.

14         (c)  An anesthesiologist assistant must clearly convey

15  to the patient that she or he is an anesthesiologist

16  assistant.

17         (d)  An anesthesiologist assistant may perform

18  anesthesia tasks and services within the framework of a

19  written practice protocol developed between the supervising

20  anesthesiologist and the anesthesiologist assistant.

21         (e)  An anesthesiologist assistant may not prescribe

22  legend drugs or medical devices, compound medicines for

23  patients, or dispense sample drugs to patients. Nothing in

24  this paragraph prohibits an anesthesiologist assistant from

25  administering legend drugs, narcotics or scheduled drugs,

26  intravenous drugs, fluids, blood products, or inhalation or

27  other anesthetic agents to patients while under the direct

28  supervision of an anesthesiologist.

29         (4)  PERFORMANCE BY TRAINEES.--The practice of a

30  trainee is exempt from the requirements of this chapter while

31  the trainee is performing assigned tasks as a trainee in

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 1  conjunction with an approved program. Before providing

 2  anesthesia services, including the administration of

 3  anesthesia in conjunction with the requirements of an approved

 4  program, the trainee must clearly convey to the patient that

 5  he or she is a trainee.

 6         (5)  PROGRAM APPROVAL.--The boards shall approve

 7  programs for the education and training of anesthesiologist

 8  assistants which meet standards established by board rules.

 9  The board may recommend only those anesthesiologist assistant

10  training programs that hold full accreditation or provisional

11  accreditation from the Commission on Accreditation of Allied

12  Health Education Programs.

13         (6)  ANESTHESIOLOGIST ASSISTANT LICENSURE.--

14         (a)  Any person desiring to be licensed as an

15  anesthesiologist assistant must apply to the department. The

16  department shall issue a license to any person certified by

17  the board to:

18         1.  Be at least 18 years of age.

19         2.  Have satisfactorily passed a proficiency

20  examination with a score established by the National

21  Commission on Certification of Anesthesiologist Assistants.

22         3.  Be certified in advanced cardiac life support.

23         4.  Have completed the application form and remitted an

24  application fee, not to exceed $1,000, as set by the boards.

25  An application must include:

26         a.  A certificate of completion of an approved graduate

27  level program.

28         b.  A sworn statement of any prior felony convictions.

29         c.  A sworn statement of any prior discipline or denial

30  of licensure or certification in any state.

31  

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 1         d.  Two letters of recommendation from

 2  anesthesiologists.

 3         (b)  A license must be renewed biennially. Each renewal

 4  must include:

 5         1.  A renewal fee, not to exceed $1,000, as set by the

 6  boards.

 7         2.  A sworn statement of no felony convictions in the

 8  immediately preceding 2 years.

 9         (c)  Each licensed anesthesiologist assistant must

10  biennially complete 40 hours of continuing medical education

11  or hold a current certificate issued by the National

12  Commission on Certification of Anesthesiologist Assistants or

13  its successor.

14         (d)  An anesthesiologist assistant must notify the

15  department in writing within 30 days after obtaining

16  employment that requires a license under this chapter and

17  after any subsequent change in her or his supervising

18  anesthesiologist. The notification must include the full name,

19  license number, specialty, and address of the supervising

20  anesthesiologist. Submission of the required protocol

21  satisfies this requirement.

22         (e)  The Board of Osteopathic Medicine may impose upon

23  an anesthesiologist assistant any penalty specified in s.

24  456.072 or s. 459.015(2) if the anesthesiologist assistant or

25  the supervising anesthesiologist is found guilty of or is

26  investigated for an act that constitutes a violation of this

27  chapter or chapter 456.

28         (7)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

29  ADVISE THE BOARD.--

30         (a)  The chairman of the board may appoint an

31  anesthesiologist and an anesthesiologist assistant to advise

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 1  the board as to the adoption of rules for the licensure of

 2  anesthesiologist assistants. The board may use a committee

 3  structure that is most practicable in order to receive any

 4  recommendations to the board regarding rules and all matters

 5  relating anesthesiologist assistants, including, but not

 6  limited to, recommendations to improve safety in the clinical

 7  practices of licensed anesthesiologist assistants.

 8         (b)  In addition to its other duties and

 9  responsibilities as prescribed by law, the board shall:

10         1.  Recommend to the department the licensure of

11  anesthesiologist assistants.

12         2.  Develop all rules regulating the use of

13  anesthesiologist assistants by qualified anesthesiologists

14  under this chapter and chapter 458, except for rules relating

15  to the formulary developed under s. 458.347(4)(f). The board

16  shall also develop rules to ensure that the continuity of

17  supervision is maintained in each practice setting. The boards

18  shall consider adopting a proposed rule at the regularly

19  scheduled meeting immediately following the submission of the

20  proposed rule. A proposed rule may not be adopted by either

21  board unless both boards have accepted and approved the

22  identical language contained in the proposed rule. The

23  language of all proposed rules must be approved by both boards

24  pursuant to each respective board's guidelines and standards

25  regarding the adoption of proposed rules.

26         3.  Address concerns and problems of practicing

27  anesthesiologist assistants to improve safety in the clinical

28  practices of licensed anesthesiologist assistants.

29         (c)  When the board finds that an applicant for

30  licensure has failed to meet, to the board's satisfaction,

31  

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 1  each of the requirements for licensure set forth in this

 2  section, the board may enter an order to:

 3         1.  Refuse to certify the applicant for licensure;

 4         2.  Approve the applicant for licensure with

 5  restrictions on the scope of practice or license; or

 6         3.  Approve the applicant for conditional licensure.

 7  Such conditions may include placement of the licensee on

 8  probation for a period of time and subject to such conditions

 9  as the board specifies, including, but not limited to,

10  requiring the licensee to undergo treatment, to attend

11  continuing education courses, or to take corrective action.

12         (8)  PENALTY.--A person who falsely holds herself or

13  himself out as an anesthesiologist assistant commits a felony

14  of the third degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084.

16         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

17  LICENSURE.--The boards may deny, suspend, or revoke the

18  license of an anesthesiologist assistant who the board

19  determines has violated any provision of this section or

20  chapter or any rule adopted pursuant thereto.

21         (10)  RULES.--The boards shall adopt rules to

22  administer this section.

23         (11)  LIABILITY.--A supervising anesthesiologist is

24  liable for any act or omission of an anesthesiologist

25  assistant acting under the anesthesiologist's supervision and

26  control and shall comply with the financial responsibility

27  requirements of this chapter and chapter 456, as applicable.

28         (12)  FEES.--The department shall allocate the fees

29  collected under this section to the board.

30         Section 6.  This act shall take effect July 1, 2004.

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Provides for licensure of anesthesiologist assistants
      under the supervision of physicians and osteopathic
 4    physicians. Provides standards for licensure and
      guidelines for practice by assistants. Provides for
 5    adoption of common rules by the Board of Medicine and the
      Board of Osteopathic Medicine. Provides for financial
 6    responsibility with respect to assistants and for
      disciplinary action against physicians or osteopathic
 7    physicians for failing to adequately supervise
      assistants.
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