Senate Bill sb0626e1

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    CS for SB 626                            First Engrossed (ntc)



  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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    CS for SB 626                            First Engrossed (ntc)



 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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 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 the on-site, personal

27  supervision by an anesthesiologist who is present in the

28  office when the procedure is being performed in that office,

29  or is present in the surgical or obstetrical suite when the

30  procedure is being performed in that surgical or obstetrical

31  suite and who is in all instances immediately available to


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 1  provide assistance and direction to the anesthesiologist

 2  assistant while anesthesia services are being performed.

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

 4  examination approved by the boards, including examinations

 5  administered by the National Commission on Certification of

 6  Anesthesiologist Assistants.

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

 8  in an approved program.

 9         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

10         (a)  An anesthesiologist who directly supervises an

11  anesthesiologist assistant must be qualified in the medical

12  areas in which the anesthesiologist assistant performs and is

13  liable for the performance of the anesthesiologist assistant.

14  An anesthesiologist may only supervise two anesthesiologist

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

16  anesthesiologist to supervise up to four anesthesiologist

17  assistants, after July 1, 2008.

18         (b)  An anesthesiologist or group of anesthesiologists

19  must, upon establishing a supervisory relationship with an

20  anesthesiologist assistant, file with the board a written

21  protocol that includes, at a minimum:

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

23  anesthesiologist assistant.

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

25  Enforcement Administration number of each physician who will

26  be supervising the anesthesiologist assistant.

27         3.  The address of the anesthesiologist assistant's

28  primary practice location and the address of any other

29  locations where the anesthesiologist assistant may practice.

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

31  of all revisions.


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 1         5.  The signatures of the anesthesiologist assistant

 2  and all supervising physicians.

 3         6.  The duties and functions of the anesthesiologist

 4  assistant.

 5         7.  The conditions or procedures that require the

 6  personal provision of care by an anesthesiologist.

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

 8  anesthetic emergency.

 9  

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

11  anesthesiologist assistant may practice with the

12  anesthesiologist or group. An anesthesiologist assistant may

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

14  anesthesiologist assistant in accordance with this paragraph,

15  and the anesthesiologist assistant may only practice under the

16  direct supervision of an anesthesiologist who has signed the

17  protocol. The protocol must be updated biennially.

18         (3)  PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.--

19         (a)  An anesthesiologist assistant may assist an

20  anesthesiologist in developing and implementing an anesthesia

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

22  anesthesiologist, an anesthesiologist assistant may perform

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

24  following functions that are included in the anesthesiologist

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

26  anesthesiologist:

27         1.  Obtain a comprehensive patient history and present

28  the history to the supervising anesthesiologist.

29         2.  Pretest and calibrate anesthesia delivery systems

30  and monitor, obtain, and interpret information from the

31  systems and monitors.


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 1         3.  Assist the supervising anesthesiologist with the

 2  implementation of medically accepted monitoring techniques.

 3         4.  Establish basic and advanced airway interventions,

 4  including intubation of the trachea and performing ventilatory

 5  support.

 6         5.  Administer intermittent vasoactive drugs and start

 7  and adjust vasoactive infusions.

 8         6.  Administer anesthetic drugs, adjuvant drugs, and

 9  accessory drugs.

10         7.  Assist the supervising anesthesiologist with the

11  performance of epidural anesthetic procedures and spinal

12  anesthetic procedures.

13         8.  Administer blood, blood products, and supportive

14  fluids.

15         9.  Support life functions during anesthesia health

16  care, including induction and intubation procedures, the use

17  of appropriate mechanical supportive devices, and the

18  management of fluid, electrolyte, and blood component

19  balances.

20         10.  Recognize and take appropriate corrective action

21  for abnormal patient responses to anesthesia, adjunctive

22  medication, or other forms of therapy.

23         11.  Participate in management of the patient while in

24  the postanesthesia recovery area, including the administration

25  of any supporting fluids or drugs.

26         12.  Place special peripheral and central venous and

27  arterial lines for blood sampling and monitoring as

28  appropriate.

29         (b)  Nothing in this section or chapter prevents

30  third-party payors from reimbursing employers of

31  


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 1  anesthesiologist assistants for covered services rendered by

 2  such anesthesiologist assistants.

 3         (c)  An anesthesiologist assistant must clearly convey

 4  to the patient that he or she is an anesthesiologist

 5  assistant.

 6         (d)  An anesthesiologist assistant may perform

 7  anesthesia tasks and services within the framework of a

 8  written practice protocol developed between the supervising

 9  anesthesiologist and the anesthesiologist assistant.

10         (e)  An anesthesiologist assistant may not prescribe,

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

12  medical device, nor may an anesthesiologist assistant dispense

13  sample drugs to patients.  Nothing in this paragraph prohibits

14  an anesthesiologist assistant from administering legend drugs

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

16  products; or inhalation or other anesthetic agents to patients

17  which are ordered by the supervising anesthesiologist and

18  administered while under the direct supervision of the

19  supervising anesthesiologist.

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

21  trainee is exempt from the requirements of this chapter while

22  the trainee is performing assigned tasks as a trainee in

23  conjunction with an approved program. Before providing

24  anesthesia services, including the administration of

25  anesthesia in conjunction with the requirements of an approved

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

27  he or she is a trainee.

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

29  programs for the education and training of anesthesiologist

30  assistants which meet standards established by board rules.

31  The boards may recommend only those anesthesiologist assistant


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 1  training programs that hold full accreditation or provisional

 2  accreditation from the Commission on Accreditation of Allied

 3  Health Education Programs.

 4         (6)  ANESTHESIOLOGIST ASSISTANT LICENSURE.--

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

 6  anesthesiologist assistant must apply to the department. The

 7  department shall issue a license to any person certified by

 8  the board to:

 9         1.  Be at least 18 years of age.

10         2.  Have satisfactorily passed a proficiency

11  examination with a score established by the National

12  Commission on Certification of Anesthesiologist Assistants.

13         3.  Be certified in advanced cardiac life support.

14         4.  Have completed the application form and remitted an

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

16  An application must include:

17         a.  A certificate of completion of an approved graduate

18  level program.

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

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

21  of licensure or certification in any state.

22         d.  Two letters of recommendation from

23  anesthesiologists.

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

25  must include:

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

27  boards.

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

29  immediately preceding 2 years.

30         (c)  Each licensed anesthesiologist assistant must

31  biennially complete 40 hours of continuing medical education


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 1  or hold a current certificate issued by the National

 2  Commission on Certification of Anesthesiologist Assistants or

 3  its successor.

 4         (d)  An anesthesiologist assistant must notify the

 5  department in writing within 30 days after obtaining

 6  employment that requires a license under this chapter and

 7  after any subsequent change in his or her supervising

 8  anesthesiologist. The notification must include the full name,

 9  license number, specialty, and address of the supervising

10  anesthesiologist. Submission of a copy of the required

11  protocol by the anesthesiologist assistant satisfies this

12  requirement.

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

14  anesthesiologist assistant any penalty specified in s. 456.072

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

16  supervising anesthesiologist is found guilty of or is

17  investigated for an act that constitutes a violation of this

18  chapter or chapter 456.

19         (7)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

20  ADVISE THE BOARD.--

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

22  anesthesiologist and an anesthesiologist assistant to advise

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

24  anesthesiologist assistants. The board may use a committee

25  structure that is most practicable in order to receive any

26  recommendations to the board regarding rules and all matters

27  relating to anesthesiologist assistants, including, but not

28  limited to, recommendations to improve safety in the clinical

29  practices of licensed anesthesiologist assistants.

30         (b)  In addition to its other duties and

31  responsibilities as prescribed by law, the board shall:


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 1         1.  Recommend to the department the licensure of

 2  anesthesiologist assistants.

 3         2.  Develop all rules regulating the use of

 4  anesthesiologist assistants by qualified anesthesiologists

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

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

 7  shall also develop rules to ensure that the continuity of

 8  supervision is maintained in each practice setting. The boards

 9  shall consider adopting a proposed rule at the regularly

10  scheduled meeting immediately following the submission of the

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

12  board unless both boards have accepted and approved the

13  identical language contained in the proposed rule. The

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

15  pursuant to each respective board's guidelines and standards

16  regarding the adoption of proposed rules.

17         3.  Address concerns and problems of practicing

18  anesthesiologist assistants to improve safety in the clinical

19  practices of licensed anesthesiologist assistants.

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

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

22  each of the requirements for licensure set forth in this

23  section, the board may enter an order to:

24         1.  Refuse to certify the applicant for licensure;

25         2.  Approve the applicant for licensure with

26  restrictions on the scope of practice or license; or

27         3.  Approve the applicant for conditional licensure.

28  Such conditions may include placement of the licensee on

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

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

31  


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 1  requiring the licensee to undergo treatment, to attend

 2  continuing education courses, or to take corrective action.

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

 4  herself out as an anesthesiologist assistant commits a felony

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

 6  775.083, or s. 775.084.

 7         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

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

 9  license of an anesthesiologist assistant who the board

10  determines has violated any provision of this section or

11  chapter or any rule adopted pursuant thereto.

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

13  administer this section.

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

15  liable for any act or omission of an anesthesiologist

16  assistant acting under the anesthesiologist's supervision and

17  control and shall comply with the financial responsibility

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

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

20  collected under this section to the board.

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

22  459.015, Florida Statutes, is amended to read:

23         459.015  Grounds for disciplinary action; action by the

24  board and department.--

25         (1)  The following acts constitute grounds for denial

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

27  456.072(2):

28         (hh)  Failing to supervise adequately the activities of

29  those physician assistants, paramedics, emergency medical

30  technicians, advanced registered nurse practitioners,

31  


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 1  anesthesiologist assistants, or other persons acting under the

 2  supervision of the osteopathic physician.

 3         Section 5.  Section 459.023, Florida Statutes, is

 4  created to read:

 5         459.023  Anesthesiologist assistants.--

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

 7         (a)  "Anesthesiologist" means an osteopathic physician

 8  who holds an active, unrestricted license; who has

 9  successfully completed an anesthesiology training program

10  approved by the Accreditation Council on Graduate Medical

11  Education, or its equivalent, or the American Osteopathic

12  Association; and who is certified by the American Osteopathic

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

14  examination, is certified by the American Board of

15  Anesthesiology or is eligible to take that board's

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

17  Anesthesiology affiliated with the American Association of

18  Physician Specialists.

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

20  an approved program who is licensed to perform medical

21  services delegated and directly supervised by a supervising

22  anesthesiologist.

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

24  that specializes in the relief of pain during and after

25  surgical procedures and childbirth, during certain chronic

26  disease processes, and during resuscitation and critical care

27  of patients in the operating room and intensive care

28  environments.

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

30  education and training of anesthesiologist assistants which

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


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

 2  of Osteopathic Medicine.

 3         (f)  "Continuing medical education" means courses

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

 5  Physician Assistants, the American Medical Association, the

 6  American Osteopathic Association, the American Academy of

 7  Anesthesiologist Assistants, the American Society of

 8  Anesthesiologists, or the Accreditation Council on Continuing

 9  Medical Education.

10         (g)  "Direct supervision" means the on-site, personal

11  supervision by an anesthesiologist who is present in the

12  office when the procedure is being performed in that office,

13  or is present in the surgical or obstetrical suite when the

14  procedure is being performed in that surgical or obstetrical

15  suite and who is in all instances immediately available to

16  provide assistance and direction to the anesthesiologist

17  assistant while anesthesia services are being performed.

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

19  examination approved by the boards, including examinations

20  administered by the National Commission on Certification of

21  Anesthesiologist Assistants.

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

23  in an approved program.

24         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

25         (a)  An anesthesiologist who directly supervises an

26  anesthesiologist assistant must be qualified in the medical

27  areas in which the anesthesiologist assistant performs and is

28  liable for the performance of the anesthesiologist assistant.

29  An anesthesiologist may only supervise two anesthesiologist

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

31  


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 1  anesthesiologist to supervise up to four anesthesiologist

 2  assistants, after July 1, 2008.

 3         (b)  An anesthesiologist or group of anesthesiologists

 4  must, upon establishing a supervisory relationship with an

 5  anesthesiologist assistant, file with the board a written

 6  protocol that includes, at a minimum:

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

 8  anesthesiologist assistant.

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

10  Enforcement Administration number of each physician who will

11  be supervising the anesthesiologist assistant.

12         3.  The address of the anesthesiologist assistant's

13  primary practice location and the address of any other

14  locations where the anesthesiologist assistant may practice.

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

16  of all revisions.

17         5.  The signatures of the anesthesiologist assistant

18  and all supervising physicians.

19         6.  The duties and functions of the anesthesiologist

20  assistant.

21         7.  The conditions or procedures that require the

22  personal provision of care by an anesthesiologist.

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

24  anesthetic emergency.

25  

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

27  anesthesiologist assistant may practice with the

28  anesthesiologist or group. An anesthesiologist assistant may

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

30  anesthesiologist assistant in accordance with this paragraph,

31  and the anesthesiologist assistant may only practice under the


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 1  direct supervision of an anesthesiologist who has signed the

 2  protocol. The protocol must be updated biennially.

 3         (3)  PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.--

 4         (a)  An anesthesiologist assistant may assist an

 5  anesthesiologist in developing and implementing an anesthesia

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

 7  anesthesiologist, an anesthesiologist assistant may perform

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

 9  following functions that are included in the anesthesiologist

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

11  anesthesiologist:

12         1.  Obtain a comprehensive patient history and present

13  the history to the supervising anesthesiologist.

14         2.  Pretest and calibrate anesthesia delivery systems

15  and monitor, obtain, and interpret information from the

16  systems and monitors.

17         3.  Assist the supervising anesthesiologist with the

18  implementation of medically accepted monitoring techniques.

19         4.  Establish basic and advanced airway interventions,

20  including intubation of the trachea and performing ventilatory

21  support.

22         5.  Administer intermittent vasoactive drugs and start

23  and adjust vasoactive infusions.

24         6.  Administer anesthetic drugs, adjuvant drugs, and

25  accessory drugs.

26         7.  Assist the supervising anesthesiologist with the

27  performance of epidural anesthetic procedures and spinal

28  anesthetic procedures.

29         8.  Administer blood, blood products, and supportive

30  fluids.

31  


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    CS for SB 626                            First Engrossed (ntc)



 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 she or he 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


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    CS for SB 626                            First Engrossed (ntc)



 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 board 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.

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 1         4.  Have completed the application form and remitted an

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

 3  An application must include:

 4         a.  A certificate of completion of an approved graduate

 5  level program.

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

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

 8  of licensure or certification in any state.

 9         d.  Two letters of recommendation from

10  anesthesiologists.

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

12  must include:

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

14  boards.

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

16  immediately preceding 2 years.

17         (c)  Each licensed anesthesiologist assistant must

18  biennially complete 40 hours of continuing medical education

19  or hold a current certificate issued by the National

20  Commission on Certification of Anesthesiologist Assistants or

21  its successor.

22         (d)  An anesthesiologist assistant must notify the

23  department in writing within 30 days after obtaining

24  employment that requires a license under this chapter and

25  after any subsequent change in her or his supervising

26  anesthesiologist. The notification must include the full name,

27  license number, specialty, and address of the supervising

28  anesthesiologist. Submission of a copy of the required

29  protocol by the anesthesiologist assistant satisfies this

30  requirement.

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    CS for SB 626                            First Engrossed (ntc)



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

 2  an anesthesiologist assistant any penalty specified in s.

 3  456.072 or s. 459.015(2) if the anesthesiologist assistant or

 4  the supervising anesthesiologist is found guilty of or is

 5  investigated for an act that constitutes a violation of this

 6  chapter or chapter 456.

 7         (7)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

 8  ADVISE THE BOARD.--

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

10  anesthesiologist and an anesthesiologist assistant to advise

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

12  anesthesiologist assistants. The board may use a committee

13  structure that is most practicable in order to receive any

14  recommendations to the board regarding rules and all matters

15  relating to anesthesiologist assistants, including, but not

16  limited to, recommendations to improve safety in the clinical

17  practices of licensed anesthesiologist assistants.

18         (b)  In addition to its other duties and

19  responsibilities as prescribed by law, the board shall:

20         1.  Recommend to the department the licensure of

21  anesthesiologist assistants.

22         2.  Develop all rules regulating the use of

23  anesthesiologist assistants by qualified anesthesiologists

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

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

26  shall also develop rules to ensure that the continuity of

27  supervision is maintained in each practice setting. The boards

28  shall consider adopting a proposed rule at the regularly

29  scheduled meeting immediately following the submission of the

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

31  board unless both boards have accepted and approved the


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    CS for SB 626                            First Engrossed (ntc)



 1  identical language contained in the proposed rule. The

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

 3  pursuant to each respective board's guidelines and standards

 4  regarding the adoption of proposed rules.

 5         3.  Address concerns and problems of practicing

 6  anesthesiologist assistants to improve safety in the clinical

 7  practices of licensed anesthesiologist assistants.

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

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

10  each of the requirements for licensure set forth in this

11  section, the board may enter an order to:

12         1.  Refuse to certify the applicant for licensure;

13         2.  Approve the applicant for licensure with

14  restrictions on the scope of practice or license; or

15         3.  Approve the applicant for conditional licensure.

16  Such conditions may include placement of the licensee on

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

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

19  requiring the licensee to undergo treatment, to attend

20  continuing education courses, or to take corrective action.

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

22  himself out as an anesthesiologist assistant commits a felony

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

24  775.083, or s. 775.084.

25         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

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

27  license of an anesthesiologist assistant who the board

28  determines has violated any provision of this section or

29  chapter or any rule adopted pursuant thereto.

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

31  administer this section.


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    CS for SB 626                            First Engrossed (ntc)



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

 2  liable for any act or omission of an anesthesiologist

 3  assistant acting under the anesthesiologist's supervision and

 4  control and shall comply with the financial responsibility

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

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

 7  collected under this section to the board.

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

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