SENATE AMENDMENT
    Bill No. CS for CS for SB 2170
    Amendment No. ___   Barcode 471032
                            CHAMBER ACTION
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11  Senator Fasano moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 134, between lines 21 and 22,
15  
16  insert:  
17         Section 102.  Section 456.048, Florida Statutes, is
18  amended to read:
19         456.048  Financial responsibility requirements for
20  certain health care practitioners.--
21         (1)  As a prerequisite for licensure or license
22  renewal, the Board of Acupuncture, the Board of Chiropractic
23  Medicine, the Board of Podiatric Medicine, and the Board of
24  Dentistry shall, by rule, require that all health care
25  practitioners licensed under the respective board, and the
26  Board of Medicine and the Board of Osteopathic Medicine shall,
27  by rule, require that all anesthesiologist assistants licensed
28  pursuant to s. 458.3475 or s. 459.023, and the Board of
29  Nursing shall, by rule, require that advanced registered nurse
30  practitioners certified under s. 464.012, and the department
31  shall, by rule, require that midwives maintain medical
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    11:37 AM   04/22/04                             s2170c2c-11c9j

SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 malpractice insurance or provide proof of financial 2 responsibility in an amount and in a manner determined by the 3 board or department to be sufficient to cover claims arising 4 out of the rendering of or failure to render professional care 5 and services in this state. 6 (2) The board or department may grant exemptions upon 7 application by practitioners meeting any of the following 8 criteria: 9 (a) Any person licensed under chapter 457, s. 10 458.3475, s. 459.023, chapter 460, chapter 461, s. 464.012, 11 chapter 466, or chapter 467 who practices exclusively as an 12 officer, employee, or agent of the Federal Government or of 13 the state or its agencies or its subdivisions. For the 14 purposes of this subsection, an agent of the state, its 15 agencies, or its subdivisions is a person who is eligible for 16 coverage under any self-insurance or insurance program 17 authorized by the provisions of s. 768.28(15) or who is a 18 volunteer under s. 110.501(1). 19 (b) Any person whose license or certification has 20 become inactive under chapter 457, s. 458.3475, s. 459.023, 21 chapter 460, chapter 461, part I of chapter 464, chapter 466, 22 or chapter 467 and who is not practicing in this state. Any 23 person applying for reactivation of a license must show either 24 that such licensee maintained tail insurance coverage which 25 provided liability coverage for incidents that occurred on or 26 after October 1, 1993, or the initial date of licensure in 27 this state, whichever is later, and incidents that occurred 28 before the date on which the license became inactive; or such 29 licensee must submit an affidavit stating that such licensee 30 has no unsatisfied medical malpractice judgments or 31 settlements at the time of application for reactivation. 2 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 (c) Any person holding a limited license pursuant to 2 s. 456.015, and practicing under the scope of such limited 3 license. 4 (d) Any person licensed or certified under chapter 5 457, s. 458.3475, s. 459.023, chapter 460, chapter 461, s. 6 464.012, chapter 466, or chapter 467 who practices only in 7 conjunction with his or her teaching duties at an accredited 8 school or in its main teaching hospitals. Such person may 9 engage in the practice of medicine to the extent that such 10 practice is incidental to and a necessary part of duties in 11 connection with the teaching position in the school. 12 (e) Any person holding an active license or 13 certification under chapter 457, s. 458.3475, s. 459.023, 14 chapter 460, chapter 461, s. 464.012, chapter 466, or chapter 15 467 who is not practicing in this state. If such person 16 initiates or resumes practice in this state, he or she must 17 notify the department of such activity. 18 (f) Any person who can demonstrate to the board or 19 department that he or she has no malpractice exposure in the 20 state. 21 (3) Notwithstanding the provisions of this section, 22 the financial responsibility requirements of ss. 458.320 and 23 459.0085 shall continue to apply to practitioners licensed 24 under those chapters, except for anesthesiologist assistants 25 licensed pursuant to s. 458.3475 or s. 459.023 who must meet 26 the requirements of this section. 27 Section 103. Paragraph (dd) of subsection (1) of 28 section 458.331, Florida Statutes, is amended to read: 29 458.331 Grounds for disciplinary action; action by the 30 board and department.-- 31 (1) The following acts constitute grounds for denial 3 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 of a license or disciplinary action, as specified in s. 2 456.072(2): 3 (dd) Failing to supervise adequately the activities of 4 those physician assistants, paramedics, emergency medical 5 technicians, or advanced registered nurse practitioners, or 6 anesthesiologist assistants acting under the supervision of 7 the physician. 8 Section 104. Section 458.3475, Florida Statutes, is 9 created to read: 10 458.3475 Anesthesiologist assistants.-- 11 (1) DEFINITIONS.--As used in this section, the term: 12 (a) "Anesthesiologist" means an allopathic physician 13 who holds an active, unrestricted license; who has 14 successfully completed an anesthesiology training program 15 approved by the Accreditation Council on Graduate Medical 16 Education or its equivalent; and who is certified by the 17 American Board of Anesthesiology, is eligible to take that 18 board's examination, or is certified by the Board of 19 Certification in Anesthesiology affiliated with the American 20 Association of Physician Specialists. 21 (b) "Anesthesiologist assistant" means a graduate of 22 an approved program who is licensed to perform medical 23 services delegated and directly supervised by a supervising 24 anesthesiologist. 25 (c) "Anesthesiology" means the practice of medicine 26 that specializes in the relief of pain during and after 27 surgical procedures and childbirth, during certain chronic 28 disease processes, and during resuscitation and critical care 29 of patients in the operating room and intensive care 30 environments. 31 (d) "Approved program" means a program for the 4 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 education and training of anesthesiologist assistants which 2 has been approved by the boards as provided in subsection (5). 3 (e) "Boards" means the Board of Medicine and the Board 4 of Osteopathic Medicine. 5 (f) "Continuing medical education" means courses 6 recognized and approved by the boards, the American Academy of 7 Physician Assistants, the American Medical Association, the 8 American Osteopathic Association, the American Academy of 9 Anesthesiologist Assistants, the American Society of 10 Anesthesiologists, or the Accreditation Council on Continuing 11 Medical Education. 12 (g) "Direct supervision" means the on-site, personal 13 supervision by an anesthesiologist who is present in the 14 office when the procedure is being performed in that office, 15 or is present in the surgical or obstetrical suite when the 16 procedure is being performed in that surgical or obstetrical 17 suite and who is in all instances immediately available to 18 provide assistance and direction to the anesthesiologist 19 assistant while anesthesia services are being performed. 20 (h) "Proficiency examination" means an entry-level 21 examination approved by the boards, including examinations 22 administered by the National Commission on Certification of 23 Anesthesiologist Assistants. 24 (i) "Trainee" means a person who is currently enrolled 25 in an approved program. 26 (2) PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.-- 27 (a) An anesthesiologist who directly supervises an 28 anesthesiologist assistant must be qualified in the medical 29 areas in which the anesthesiologist assistant performs and is 30 liable for the performance of the anesthesiologist assistant. 31 An anesthesiologist may only supervise two anesthesiologist 5 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 assistants at the same time. The board may, by rule, allow an 2 anesthesiologist to supervise up to four anesthesiologist 3 assistants, after July 1, 2008. 4 (b) An anesthesiologist or group of anesthesiologists 5 must, upon establishing a supervisory relationship with an 6 anesthesiologist assistant, file with the board a written 7 protocol that includes, at a minimum: 8 1. The name, address, and license number of the 9 anesthesiologist assistant. 10 2. The name, address, license number, and federal Drug 11 Enforcement Administration number of each physician who will 12 be supervising the anesthesiologist assistant. 13 3. The address of the anesthesiologist assistant's 14 primary practice location and the address of any other 15 locations where the anesthesiologist assistant may practice. 16 4. The date the protocol was developed and the dates 17 of all revisions. 18 5. The signatures of the anesthesiologist assistant 19 and all supervising physicians. 20 6. The duties and functions of the anesthesiologist 21 assistant. 22 7. The conditions or procedures that require the 23 personal provision of care by an anesthesiologist. 24 8. The procedures to be followed in the event of an 25 anesthetic emergency. 26 27 The protocol must be on file with the board before the 28 anesthesiologist assistant may practice with the 29 anesthesiologist or group. An anesthesiologist assistant may 30 not practice unless a written protocol has been filed for that 31 anesthesiologist assistant in accordance with this paragraph, 6 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 and the anesthesiologist assistant may only practice under the 2 direct supervision of an anesthesiologist who has signed the 3 protocol. The protocol must be updated biennially. 4 (3) PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.-- 5 (a) An anesthesiologist assistant may assist an 6 anesthesiologist in developing and implementing an anesthesia 7 care plan for a patient. In providing assistance to an 8 anesthesiologist, an anesthesiologist assistant may perform 9 duties established by rule by the board in any of the 10 following functions that are included in the anesthesiologist 11 assistant's protocol while under the direct supervision of an 12 anesthesiologist: 13 1. Obtain a comprehensive patient history and present 14 the history to the supervising anesthesiologist. 15 2. Pretest and calibrate anesthesia delivery systems 16 and monitor, obtain, and interpret information from the 17 systems and monitors. 18 3. Assist the supervising anesthesiologist with the 19 implementation of medically accepted monitoring techniques. 20 4. Establish basic and advanced airway interventions, 21 including intubation of the trachea and performing ventilatory 22 support. 23 5. Administer intermittent vasoactive drugs and start 24 and adjust vasoactive infusions. 25 6. Administer anesthetic drugs, adjuvant drugs, and 26 accessory drugs. 27 7. Assist the supervising anesthesiologist with the 28 performance of epidural anesthetic procedures and spinal 29 anesthetic procedures. 30 8. Administer blood, blood products, and supportive 31 fluids. 7 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 9. Support life functions during anesthesia health 2 care, including induction and intubation procedures, the use 3 of appropriate mechanical supportive devices, and the 4 management of fluid, electrolyte, and blood component 5 balances. 6 10. Recognize and take appropriate corrective action 7 for abnormal patient responses to anesthesia, adjunctive 8 medication, or other forms of therapy. 9 11. Participate in management of the patient while in 10 the postanesthesia recovery area, including the administration 11 of any supporting fluids or drugs. 12 12. Place special peripheral and central venous and 13 arterial lines for blood sampling and monitoring as 14 appropriate. 15 (b) Nothing in this section or chapter prevents 16 third-party payors from reimbursing employers of 17 anesthesiologist assistants for covered services rendered by 18 such anesthesiologist assistants. 19 (c) An anesthesiologist assistant must clearly convey 20 to the patient that he or she is an anesthesiologist 21 assistant. 22 (d) An anesthesiologist assistant may perform 23 anesthesia tasks and services within the framework of a 24 written practice protocol developed between the supervising 25 anesthesiologist and the anesthesiologist assistant. 26 (e) An anesthesiologist assistant may not prescribe, 27 order, or compound any controlled substance, legend drug, or 28 medical device, nor may an anesthesiologist assistant dispense 29 sample drugs to patients. Nothing in this paragraph prohibits 30 an anesthesiologist assistant from administering legend drugs 31 or controlled substances; intravenous drugs, fluids, or blood 8 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 products; or inhalation or other anesthetic agents to patients 2 which are ordered by the supervising anesthesiologist and 3 administered while under the direct supervision of the 4 supervising anesthesiologist. 5 (4) PERFORMANCE BY TRAINEES.--The practice of a 6 trainee is exempt from the requirements of this chapter while 7 the trainee is performing assigned tasks as a trainee in 8 conjunction with an approved program. Before providing 9 anesthesia services, including the administration of 10 anesthesia in conjunction with the requirements of an approved 11 program, the trainee must clearly convey to the patient that 12 he or she is a trainee. 13 (5) PROGRAM APPROVAL.--The boards shall approve 14 programs for the education and training of anesthesiologist 15 assistants which meet standards established by board rules. 16 The boards may recommend only those anesthesiologist assistant 17 training programs that hold full accreditation or provisional 18 accreditation from the Commission on Accreditation of Allied 19 Health Education Programs. 20 (6) ANESTHESIOLOGIST ASSISTANT LICENSURE.-- 21 (a) Any person desiring to be licensed as an 22 anesthesiologist assistant must apply to the department. The 23 department shall issue a license to any person certified by 24 the board to: 25 1. Be at least 18 years of age. 26 2. Have satisfactorily passed a proficiency 27 examination with a score established by the National 28 Commission on Certification of Anesthesiologist Assistants. 29 3. Be certified in advanced cardiac life support. 30 4. Have completed the application form and remitted an 31 application fee, not to exceed $1,000, as set by the boards. 9 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 An application must include: 2 a. A certificate of completion of an approved graduate 3 level program. 4 b. A sworn statement of any prior felony convictions. 5 c. A sworn statement of any prior discipline or denial 6 of licensure or certification in any state. 7 d. Two letters of recommendation from 8 anesthesiologists. 9 (b) A license must be renewed biennially. Each renewal 10 must include: 11 1. A renewal fee, not to exceed $1,000, as set by the 12 boards. 13 2. A sworn statement of no felony convictions in the 14 immediately preceding 2 years. 15 (c) Each licensed anesthesiologist assistant must 16 biennially complete 40 hours of continuing medical education 17 or hold a current certificate issued by the National 18 Commission on Certification of Anesthesiologist Assistants or 19 its successor. 20 (d) An anesthesiologist assistant must notify the 21 department in writing within 30 days after obtaining 22 employment that requires a license under this chapter and 23 after any subsequent change in his or her supervising 24 anesthesiologist. The notification must include the full name, 25 license number, specialty, and address of the supervising 26 anesthesiologist. Submission of a copy of the required 27 protocol by the anesthesiologist assistant satisfies this 28 requirement. 29 (e) The Board of Medicine may impose upon an 30 anesthesiologist assistant any penalty specified in s. 456.072 31 or s. 458.331(2) if the anesthesiologist assistant or the 10 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 supervising anesthesiologist is found guilty of or is 2 investigated for an act that constitutes a violation of this 3 chapter or chapter 456. 4 (7) ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO 5 ADVISE THE BOARD.-- 6 (a) The chairman of the board may appoint an 7 anesthesiologist and an anesthesiologist assistant to advise 8 the board as to the adoption of rules for the licensure of 9 anesthesiologist assistants. The board may use a committee 10 structure that is most practicable in order to receive any 11 recommendations to the board regarding rules and all matters 12 relating to anesthesiologist assistants, including, but not 13 limited to, recommendations to improve safety in the clinical 14 practices of licensed anesthesiologist assistants. 15 (b) In addition to its other duties and 16 responsibilities as prescribed by law, the board shall: 17 1. Recommend to the department the licensure of 18 anesthesiologist assistants. 19 2. Develop all rules regulating the use of 20 anesthesiologist assistants by qualified anesthesiologists 21 under this chapter and chapter 459, except for rules relating 22 to the formulary developed under s. 458.347(4)(f). The board 23 shall also develop rules to ensure that the continuity of 24 supervision is maintained in each practice setting. The boards 25 shall consider adopting a proposed rule at the regularly 26 scheduled meeting immediately following the submission of the 27 proposed rule. A proposed rule may not be adopted by either 28 board unless both boards have accepted and approved the 29 identical language contained in the proposed rule. The 30 language of all proposed rules must be approved by both boards 31 pursuant to each respective board's guidelines and standards 11 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 regarding the adoption of proposed rules. 2 3. Address concerns and problems of practicing 3 anesthesiologist assistants to improve safety in the clinical 4 practices of licensed anesthesiologist assistants. 5 (c) When the board finds that an applicant for 6 licensure has failed to meet, to the board's satisfaction, 7 each of the requirements for licensure set forth in this 8 section, the board may enter an order to: 9 1. Refuse to certify the applicant for licensure; 10 2. Approve the applicant for licensure with 11 restrictions on the scope of practice or license; or 12 3. Approve the applicant for conditional licensure. 13 Such conditions may include placement of the licensee on 14 probation for a period of time and subject to such conditions 15 as the board specifies, including, but not limited to, 16 requiring the licensee to undergo treatment, to attend 17 continuing education courses, or to take corrective action. 18 (8) PENALTY.--A person who falsely holds himself or 19 herself out as an anesthesiologist assistant commits a felony 20 of the third degree, punishable as provided in s. 775.082, s. 21 775.083, or s. 775.084. 22 (9) DENIAL, SUSPENSION, OR REVOCATION OF 23 LICENSURE.--The boards may deny, suspend, or revoke the 24 license of an anesthesiologist assistant who the board 25 determines has violated any provision of this section or 26 chapter or any rule adopted pursuant thereto. 27 (10) RULES.--The boards shall adopt rules to 28 administer this section. 29 (11) LIABILITY.--A supervising anesthesiologist is 30 liable for any act or omission of an anesthesiologist 31 assistant acting under the anesthesiologist's supervision and 12 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 control and shall comply with the financial responsibility 2 requirements of this chapter and chapter 456, as applicable. 3 (12) FEES.--The department shall allocate the fees 4 collected under this section to the board. 5 Section 105. Paragraph (hh) of subsection (1) of 6 section 459.015, Florida Statutes, is amended to read: 7 459.015 Grounds for disciplinary action; action by the 8 board and department.-- 9 (1) The following acts constitute grounds for denial 10 of a license or disciplinary action, as specified in s. 11 456.072(2): 12 (hh) Failing to supervise adequately the activities of 13 those physician assistants, paramedics, emergency medical 14 technicians, advanced registered nurse practitioners, 15 anesthesiologist assistants, or other persons acting under the 16 supervision of the osteopathic physician. 17 Section 106. Section 459.023, Florida Statutes, is 18 created to read: 19 459.023 Anesthesiologist assistants.-- 20 (1) DEFINITIONS.--As used in this section, the term: 21 (a) "Anesthesiologist" means an osteopathic physician 22 who holds an active, unrestricted license; who has 23 successfully completed an anesthesiology training program 24 approved by the Accreditation Council on Graduate Medical 25 Education, or its equivalent, or the American Osteopathic 26 Association; and who is certified by the American Osteopathic 27 Board of Anesthesiology or is eligible to take that board's 28 examination, is certified by the American Board of 29 Anesthesiology or is eligible to take that board's 30 examination, or is certified by the Board of Certification in 31 Anesthesiology affiliated with the American Association of 13 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 Physician Specialists. 2 (b) "Anesthesiologist assistant" means a graduate of 3 an approved program who is licensed to perform medical 4 services delegated and directly supervised by a supervising 5 anesthesiologist. 6 (c) "Anesthesiology" means the practice of medicine 7 that specializes in the relief of pain during and after 8 surgical procedures and childbirth, during certain chronic 9 disease processes, and during resuscitation and critical care 10 of patients in the operating room and intensive care 11 environments. 12 (d) "Approved program" means a program for the 13 education and training of anesthesiologist assistants which 14 has been approved by the boards as provided in subsection (5). 15 (e) "Boards" means the Board of Medicine and the Board 16 of Osteopathic Medicine. 17 (f) "Continuing medical education" means courses 18 recognized and approved by the boards, the American Academy of 19 Physician Assistants, the American Medical Association, the 20 American Osteopathic Association, the American Academy of 21 Anesthesiologist Assistants, the American Society of 22 Anesthesiologists, or the Accreditation Council on Continuing 23 Medical Education. 24 (g) "Direct supervision" means the on-site, personal 25 supervision by an anesthesiologist who is present in the 26 office when the procedure is being performed in that office, 27 or is present in the surgical or obstetrical suite when the 28 procedure is being performed in that surgical or obstetrical 29 suite and who is in all instances immediately available to 30 provide assistance and direction to the anesthesiologist 31 assistant while anesthesia services are being performed. 14 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 (h) "Proficiency examination" means an entry-level 2 examination approved by the boards, including examinations 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. 15 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 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. 16 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 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 (c) An anesthesiologist assistant must clearly convey 17 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 to the patient that she or he is an anesthesiologist 2 assistant. 3 (d) An anesthesiologist assistant may perform 4 anesthesia tasks and services within the framework of a 5 written practice protocol developed between the supervising 6 anesthesiologist and the anesthesiologist assistant. 7 (e) An anesthesiologist assistant may not prescribe, 8 order, or compound any controlled substance, legend drug, or 9 medical device, nor may an anesthesiologist assistant dispense 10 sample drugs to patients. Nothing in this paragraph prohibits 11 an anesthesiologist assistant from administering legend drugs 12 or controlled substances; intravenous drugs, fluids, or blood 13 products; or inhalation or other anesthetic agents to patients 14 which are ordered by the supervising anesthesiologist and 15 administered while under the direct supervision of the 16 supervising anesthesiologist. 17 (4) PERFORMANCE BY TRAINEES.--The practice of a 18 trainee is exempt from the requirements of this chapter while 19 the trainee is performing assigned tasks as a trainee in 20 conjunction with an approved program. Before providing 21 anesthesia services, including the administration of 22 anesthesia in conjunction with the requirements of an approved 23 program, the trainee must clearly convey to the patient that 24 he or she is a trainee. 25 (5) PROGRAM APPROVAL.--The boards shall approve 26 programs for the education and training of anesthesiologist 27 assistants which meet standards established by board rules. 28 The board may recommend only those anesthesiologist assistant 29 training programs that hold full accreditation or provisional 30 accreditation from the Commission on Accreditation of Allied 31 Health Education Programs. 18 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 (6) ANESTHESIOLOGIST ASSISTANT LICENSURE.-- 2 (a) Any person desiring to be licensed as an 3 anesthesiologist assistant must apply to the department. The 4 department shall issue a license to any person certified by 5 the board to: 6 1. Be at least 18 years of age. 7 2. Have satisfactorily passed a proficiency 8 examination with a score established by the National 9 Commission on Certification of Anesthesiologist Assistants. 10 3. Be certified in advanced cardiac life support. 11 4. Have completed the application form and remitted an 12 application fee, not to exceed $1,000, as set by the boards. 13 An application must include: 14 a. A certificate of completion of an approved graduate 15 level program. 16 b. A sworn statement of any prior felony convictions. 17 c. A sworn statement of any prior discipline or denial 18 of licensure or certification in any state. 19 d. Two letters of recommendation from 20 anesthesiologists. 21 (b) A license must be renewed biennially. Each renewal 22 must include: 23 1. A renewal fee, not to exceed $1,000, as set by the 24 boards. 25 2. A sworn statement of no felony convictions in the 26 immediately preceding 2 years. 27 (c) Each licensed anesthesiologist assistant must 28 biennially complete 40 hours of continuing medical education 29 or hold a current certificate issued by the National 30 Commission on Certification of Anesthesiologist Assistants or 31 its successor. 19 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 (d) An anesthesiologist assistant must notify the 2 department in writing within 30 days after obtaining 3 employment that requires a license under this chapter and 4 after any subsequent change in her or his supervising 5 anesthesiologist. The notification must include the full name, 6 license number, specialty, and address of the supervising 7 anesthesiologist. Submission of a copy of the required 8 protocol by the anesthesiologist assistant satisfies this 9 requirement. 10 (e) The Board of Osteopathic Medicine may impose upon 11 an anesthesiologist assistant any penalty specified in s. 12 456.072 or s. 459.015(2) if the anesthesiologist assistant or 13 the supervising anesthesiologist is found guilty of or is 14 investigated for an act that constitutes a violation of this 15 chapter or chapter 456. 16 (7) ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO 17 ADVISE THE BOARD.-- 18 (a) The chairman of the board may appoint an 19 anesthesiologist and an anesthesiologist assistant to advise 20 the board as to the adoption of rules for the licensure of 21 anesthesiologist assistants. The board may use a committee 22 structure that is most practicable in order to receive any 23 recommendations to the board regarding rules and all matters 24 relating to anesthesiologist assistants, including, but not 25 limited to, recommendations to improve safety in the clinical 26 practices of licensed anesthesiologist assistants. 27 (b) In addition to its other duties and 28 responsibilities as prescribed by law, the board shall: 29 1. Recommend to the department the licensure of 30 anesthesiologist assistants. 31 2. Develop all rules regulating the use of 20 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 anesthesiologist assistants by qualified anesthesiologists 2 under this chapter and chapter 458, except for rules relating 3 to the formulary developed under s. 458.347(4)(f). The board 4 shall also develop rules to ensure that the continuity of 5 supervision is maintained in each practice setting. The boards 6 shall consider adopting a proposed rule at the regularly 7 scheduled meeting immediately following the submission of the 8 proposed rule. A proposed rule may not be adopted by either 9 board unless both boards have accepted and approved the 10 identical language contained in the proposed rule. The 11 language of all proposed rules must be approved by both boards 12 pursuant to each respective board's guidelines and standards 13 regarding the adoption of proposed rules. 14 3. Address concerns and problems of practicing 15 anesthesiologist assistants to improve safety in the clinical 16 practices of licensed anesthesiologist assistants. 17 (c) When the board finds that an applicant for 18 licensure has failed to meet, to the board's satisfaction, 19 each of the requirements for licensure set forth in this 20 section, the board may enter an order to: 21 1. Refuse to certify the applicant for licensure; 22 2. Approve the applicant for licensure with 23 restrictions on the scope of practice or license; or 24 3. Approve the applicant for conditional licensure. 25 Such conditions may include placement of the licensee on 26 probation for a period of time and subject to such conditions 27 as the board specifies, including, but not limited to, 28 requiring the licensee to undergo treatment, to attend 29 continuing education courses, or to take corrective action. 30 (8) PENALTY.--A person who falsely holds herself or 31 himself out as an anesthesiologist assistant commits a felony 21 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 of the third degree, punishable as provided in s. 775.082, s. 2 775.083, or s. 775.084. 3 (9) DENIAL, SUSPENSION, OR REVOCATION OF 4 LICENSURE.--The boards may deny, suspend, or revoke the 5 license of an anesthesiologist assistant who the board 6 determines has violated any provision of this section or 7 chapter or any rule adopted pursuant thereto. 8 (10) RULES.--The boards shall adopt rules to 9 administer this section. 10 (11) LIABILITY.--A supervising anesthesiologist is 11 liable for any act or omission of an anesthesiologist 12 assistant acting under the anesthesiologist's supervision and 13 control and shall comply with the financial responsibility 14 requirements of this chapter and chapter 456, as applicable. 15 (12) FEES.--The department shall allocate the fees 16 collected under this section to the board. 17 18 (Redesignate subsequent sections.) 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 10, line 28, after the semicolon, 24 25 insert: 26 amending s. 456.048, F.S.; requiring the Board 27 of Medicine and the Board of Osteopathic 28 Medicine to require medical malpractice 29 insurance or proof of financial responsibility 30 as a condition of licensure or licensure 31 renewal for licensed anesthesiologist 22 11:37 AM 04/22/04 s2170c2c-11c9j
SENATE AMENDMENT Bill No. CS for CS for SB 2170 Amendment No. ___ Barcode 471032 1 assistants; amending ss. 458.331, 459.015, 2 F.S.; revising grounds for which a physician 3 may be disciplined for failing to provide 4 adequate supervision; creating ss. 458.3475, 5 459.023, F.S.; providing definitions; providing 6 performance standards for anesthesiologist 7 assistants and supervising anesthesiologists; 8 providing for the approval of training programs 9 and for services authorized to be performed by 10 trainees; providing licensing procedures; 11 providing for fees; providing for additional 12 membership, powers, and duties of the Board of 13 Medicine and the Board of Osteopathic Medicine; 14 providing penalties; providing for disciplinary 15 actions; providing for the adoption of rules; 16 prescribing liability; providing for the 17 allocation of fees; 18 19 20 21 22 23 24 25 26 27 28 29 30 31 23 11:37 AM 04/22/04 s2170c2c-11c9j