House Bill hb0599e1

CODING: Words stricken are deletions; words underlined are additions.




                                           HB 599, First Engrossed



  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:


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  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).


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  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


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  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 or is eligible to take that


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  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 that has

16  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 same room as the

28  anesthesiologist assistant, or in an immediately adjacent room

29  or hallway, such that the supervising anesthesiologist is able

30  to monitor the ongoing anesthetic and be immediately available

31  to provide assistance and direction while anesthesia services


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1  are being performed. Direct supervision requires the

  2  supervising anesthesiologist to personally begin the patient's

  3  preanesthetic assessment.

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

  5  examination approved by the boards, including examination

  6  administered by the National Commission on Certification of

  7  Anesthesiologist Assistants.

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

  9  in an approved program.

10         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

11         (a)  An anesthesiologist who directly supervises an

12  anesthesiologist assistant must be qualified in the medical

13  areas in which the anesthesiologist assistant performs and is

14  liable for the performance of the anesthesiologist assistant.

15  An anesthesiologist may only supervise two anesthesiologist

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

17  anesthesiologist to supervise up to four anesthesiologist

18  assistants, after July 1, 2006.

19         (b)  An anesthesiologist or group of anesthesiologists

20  must, upon establishing a supervisory relationship with an

21  anesthesiologist assistant, file with the board a written

22  protocol that includes, at a minimum:

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

24  anesthesiologist assistant.

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

26  Enforcement Administration number of each physician who will

27  be supervising the anesthesiologist assistant.

28         3.  The address of the anesthesiologist assistant's

29  primary practice location, and the address of any other

30  locations where the anesthesiologist assistant may practice.

31


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



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

  2  of all revisions.

  3         5.  The signatures of the anesthesiologist assistant

  4  and all supervising physicians.

  5         6.  The duties and functions of the anesthesiologist

  6  assistant.

  7         7.  The conditions or procedures that require the

  8  personal provision of care by an anesthesiologist.

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

10  anesthetic emergency.

11

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

13  anesthesiologist assistant may practice with the

14  anesthesiologist or group. An anesthesiologist assistant may

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

16  anesthesiologist assistant in accordance with this paragraph,

17  and the anesthesiologist assistant may only practice under the

18  direct supervision of an anesthesiologist who has signed the

19  protocol. The protocol must be updated biennially.

20         (3)  PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.--

21         (a)  An anesthesiologist assistant may assist an

22  anesthesiologist in developing and implementing an anesthesia

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

24  anesthesiologist, an anesthesiologist assistant may perform

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

26  following functions that are included in the anesthesiologist

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

28  anesthesiologist:

29         1.  Obtain a comprehensive patient history and present

30  the history to the supervising anesthesiologist.

31


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1         2.  Pretest and calibrate anesthesia delivery systems

  2  and monitor, obtain, and interpret information from the

  3  systems and monitors.

  4         3.  Assist the supervising anesthesiologist with the

  5  implementation of medically accepted monitoring techniques.

  6         4.  Establish basic and advanced airway interventions,

  7  including intubation of the trachea and performing ventilatory

  8  support.

  9         5.  Administer intermittent vasoactive drugs and start

10  and adjust vasoactive infusions.

11         6.  Administer anesthetic drugs, adjuvant drugs, and

12  accessory drugs.

13         7.  Assist the supervising anesthesiologist with the

14  performance of epidural anesthetic procedures and spinal

15  anesthetic procedures.

16         8.  Administer blood, blood products, and supportive

17  fluids.

18         9.  Support life functions during anesthesia health

19  care, including induction and intubation procedures, the use

20  of appropriate mechanical supportive devices, and the

21  management of fluid, electrolyte, and blood component

22  balances.

23         10.  Recognize and take appropriate corrective action

24  for abnormal patient responses to anesthesia, adjunctive

25  medication, or other forms of therapy.

26         11.  Participate in management of the patient while in

27  the postanesthesia recovery area, including the administration

28  of any supporting fluids or drugs.

29         12.  Place special peripheral and central venous and

30  arterial lines for blood sampling and monitoring as

31  appropriate.


                                  8

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1         (b)  Nothing in this section or chapter prevents

  2  third-party payors from reimbursing employers of

  3  anesthesiologist assistants for covered services rendered by

  4  such anesthesiologist assistants.

  5         (c)  An anesthesiologist assistant must clearly convey

  6  to the patient that he or she is an anesthesiologist

  7  assistant.

  8         (d)  An anesthesiologist assistant may perform

  9  anesthesia tasks and services within the framework of a

10  written practice protocol developed between the supervising

11  anesthesiologist and the anesthesiologist assistant.

12         (e)  An anesthesiologist assistant may not prescribe,

13  order or compound any controlled substance, legend drug or

14  medical device, nor may an anesthesiologist assistant dispense

15  sample drugs to patients.  Nothing in this paragraph prohibits

16  an anesthesiologist assistant from administering legend drugs

17  or controlled substances, intravenous drugs, fluids, or blood

18  products, or inhalation or other anesthetic agents to patients

19  that are ordered by the supervising anesthesiologist, and

20  administered while under the direct supervision of the

21  supervising anesthesiologist. 

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

23  trainee is exempt from the requirements of this chapter while

24  the trainee is performing assigned tasks as a trainee in

25  conjunction with an approved program. Before providing

26  anesthesia services including the administration of anesthesia

27  in conjunction with the requirements of an approved program,

28  the trainee must clearly convey to the patient that he or she

29  is a trainee.

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

31  programs for the education and training of anesthesiologist


                                  9

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1  assistants which meet standards established by board rules.

  2  The boards may recommend only those anesthesiologist assistant

  3  training programs that hold full accreditation or provisional

  4  accreditation from the Commission on Accreditation of Allied

  5  Health Education Programs.

  6         (6)  ANESTHESIOLOGIST ASSISTANT LICENSURE.--

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

  8  anesthesiologist assistant must apply to the department. The

  9  department shall issue a license to any person certified by

10  the board to:

11         1.  Be at least 18 years of age.

12         2.  Have satisfactorily passed a proficiency

13  examination with a score established by the National

14  Commission on Certification of Anesthesiologist Assistants.

15         3.  Be certified in advanced cardiac life support.

16         4.  Have completed the application form and remitted an

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

18  An application must include:

19         a.  A certificate of completion of an approved graduate

20  level program.

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

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

23  of licensure or certification in any state.

24         d.  Two letters of recommendation from

25  anesthesiologists.

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

27  must include:

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

29  boards.

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

31  immediately preceding 2 years.


                                  10

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1         (c)  Each licensed anesthesiologist assistant must

  2  biennially complete 40 hours of continuing medical education

  3  or hold a current certificate issued by the National

  4  Commission on Certification of Anesthesiologist Assistants or

  5  its successor.

  6         (d)  An anesthesiologist assistant must notify the

  7  department in writing within 30 days after obtaining

  8  employment that requires a license under this chapter and

  9  after any subsequent change in his or her supervising

10  anesthesiologist. The notification must include the full name,

11  license number, specialty, and address of the supervising

12  anesthesiologist. Submission of the required protocol

13  satisfies this requirement.

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

15  anesthesiologist assistant any penalty specified in s. 456.072

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

17  supervising anesthesiologist is found guilty of or is

18  investigated for an act that constitutes a violation of this

19  chapter or chapter 456.

20         (7)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

21  ADVISE THE BOARD.--

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

23  anesthesiologist and an anesthesiologist assistant to advise

24  the board as to the promulgation of rules for the licensure of

25  anesthesiologist assistants. The board may utilize a committee

26  structure that is most practicable in order to receive any

27  recommendations to the board regarding rules and all matters

28  relating anesthesiologist assistants, including but not

29  limited to recommendations to improve safety in the clinical

30  practices of licensed anesthesiologist assistants.

31


                                  11

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1         (b)  In addition to its other duties and

  2  responsibilities as prescribed by law, the board shall:

  3         1.  Recommend to the department the licensure of

  4  anesthesiologist assistants.

  5         2.  Develop all rules regulating the use of

  6  anesthesiologist assistants by qualified anesthesiologists

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

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

  9  shall also develop rules to ensure that the continuity of

10  supervision is maintained in each practice setting. The boards

11  shall consider adopting a proposed rule at the regularly

12  scheduled meeting immediately following the submission of the

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

14  board unless both boards have accepted and approved the

15  identical language contained in the proposed rule. The

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

17  pursuant to each respective board's guidelines and standards

18  regarding the adoption of proposed rules.

19         3.  Address concerns and problems of practicing

20  anesthesiologist assistants to improve safety in the clinical

21  practices of licensed anesthesiologist assistants.

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

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

24  each of the requirements for licensure set forth in this

25  section, the board may enter an order to:

26         1.  Refuse to certify the applicant for licensure;

27         2.  Approve the applicant for licensure with

28  restrictions on the scope of practice or license; or

29         3.  Approve the applicant for conditional licensure.

30  Such conditions may include placement of the licensee on

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


                                  12

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1  as the board may specify, including, but not limited to,

  2  requiring the licensee to undergo treatment, to attend

  3  continuing education courses, or to take corrective action.

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

  5  herself out as an anesthesiologist assistant commits a felony

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

  7  775.083, or s. 775.084.

  8         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

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

10  license of an anesthesiologist assistant who the board

11  determines has violated any provision of this section or

12  chapter or any rule adopted pursuant thereto.

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

14  this section.

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

16  liable for any act or omission of an anesthesiologist

17  assistant acting under the anesthesiologist's supervision and

18  control and shall comply with the financial responsibility

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

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

21  collected under this section to the board.

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

23  459.015, Florida Statutes, is amended to read:

24         459.015  Grounds for disciplinary action; action by the

25  board and department.--

26         (1)  The following acts constitute grounds for denial

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

28  456.072(2):

29         (hh)  Failing to supervise adequately the activities of

30  those physician assistants, paramedics, emergency medical

31  technicians, advanced registered nurse practitioners,


                                  13

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  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 that has

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


                                  14

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  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 supervision by an

11  anesthesiologist who is present in the same room as the

12  anesthesiologist assistant, or in an immediately adjacent room

13  or hallway, such that the supervising anesthesiologist is able

14  to monitor the ongoing anesthetic and be immediately available

15  to provide assistance and direction while anesthesia services

16  are being performed. Direct supervision requires the

17  supervising anesthesiologist to personally begin the patient's

18  preanesthetic assessment.

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

20  examination approved by the boards, including examinations

21  administered by the National Commission on Certification of

22  Anesthesiologist Assistants.

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

24  in an approved program.

25         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

26         (a)  An anesthesiologist who directly supervises an

27  anesthesiologist assistant must be qualified in the medical

28  areas in which the anesthesiologist assistant performs, and is

29  liable for the performance of the anesthesiologist assistant.

30  An anesthesiologist may only supervise two anesthesiologist

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


                                  15

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1  anesthesiologist to supervise up to four anesthesiologist

  2  assistants, after July 1, 2006.

  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


                                  16

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  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


                                  17

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  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  legend drugs or medical devices, compound medicines for

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

29  this paragraph prohibits an anesthesiologist assistant from

30  administering legend drugs, narcotics or scheduled drugs,

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


                                  18

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1  other anesthetic agents to patients while under the direct

  2  supervision of an anesthesiologist.

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

  4  trainee is exempt from the requirements of this chapter while

  5  the trainee is performing assigned tasks as a trainee in

  6  conjunction with an approved program. Before providing

  7  anesthesia services including the administration of anesthesia

  8  in conjunction with the requirements of an approved program,

  9  the trainee must clearly convey to the patient that he or she

10  is a trainee.

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

12  programs for the education and training of anesthesiologist

13  assistants which meet standards established by board rules.

14  The board may recommend only those anesthesiologist assistant

15  training programs that hold full accreditation or provisional

16  accreditation from the Commission on Accreditation of Allied

17  Health Education Programs.

18         (6)  ANESTHESIOLOGIST ASSISTANT LICENSURE.--

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

20  anesthesiologist assistant must apply to the department. The

21  department shall issue a license to any person certified by

22  the board to:

23         1.  Be at least 18 years of age.

24         2.  Have satisfactorily passed a proficiency

25  examination with a score established by the National

26  Commission on Certification of Anesthesiologist Assistants.

27         3.  Be certified in advanced cardiac life support.

28         4.  Have completed the application form and remitted an

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

30  An application must include:

31


                                  19

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1         a.  A certificate of completion of an approved graduate

  2  level program.

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

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

  5  of licensure or certification in any state.

  6         d.  Two letters of recommendation from

  7  anesthesiologists.

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

  9  must include:

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

11  boards.

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

13  immediately preceding 2 years.

14         (c)  Each licensed anesthesiologist assistant must

15  biennially complete 40 hours of continuing medical education

16  or hold a current certificate issued by the National

17  Commission on Certification of Anesthesiologist Assistants or

18  its successor.

19         (d)  An anesthesiologist assistant must notify the

20  department in writing within 30 days after obtaining

21  employment that requires a license under this chapter and

22  after any subsequent change in her or his supervising

23  anesthesiologist. The notification must include the full name,

24  license number, specialty, and address of the supervising

25  anesthesiologist. Submission of the required protocol

26  satisfies this requirement.

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

28  an anesthesiologist assistant any penalty specified in s.

29  456.072 or s. 459.015(2) if the anesthesiologist assistant or

30  the supervising anesthesiologist is found guilty of or is

31


                                  20

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1  investigated for an act that constitutes a violation of this

  2  chapter or chapter 456.

  3         (7)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

  4  ADVISE THE BOARD.--

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

  6  anesthesiologist and an anesthesiologist assistant to advise

  7  the board as to the promulgation of rules for the licensure of

  8  anesthesiologist assistants. The board may utilize a committee

  9  structure that is most practicable in order to receive any

10  recommendations to the board regarding rules and all matters

11  relating anesthesiologist assistants, including but not

12  limited to recommendations to improve safety in the clinical

13  practices of licensed anesthesiologist assistants.

14         (b)  In addition to its other duties and

15  responsibilities as prescribed by law, the board shall:

16         1.  Recommend to the department the licensure of

17  anesthesiologist assistants.

18         2.  Develop all rules regulating the use of

19  anesthesiologist assistants by qualified anesthesiologists

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

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

22  shall also develop rules to ensure that the continuity of

23  supervision is maintained in each practice setting. The boards

24  shall consider adopting a proposed rule at the regularly

25  scheduled meeting immediately following the submission of the

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

27  board unless both boards have accepted and approved the

28  identical language contained in the proposed rule. The

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

30  pursuant to each respective board's guidelines and standards

31  regarding the adoption of proposed rules.


                                  21

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  1         3.  Address concerns and problems of practicing

  2  anesthesiologist assistants to improve safety in the clinical

  3  practices of licensed anesthesiologist assistants.

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

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

  6  each of the requirements for licensure set forth in this

  7  section, the board may enter an order to:

  8         1.  Refuse to certify the applicant for licensure;

  9         2.  Approve the applicant for licensure with

10  restrictions on the scope of practice or license; or

11         3.  Approve the applicant for conditional licensure.

12  Such conditions may include placement of the licensee on

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

14  as the board may specify, including, but not limited to,

15  requiring the licensee to undergo treatment, to attend

16  continuing education courses, or to take corrective action.

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

18  himself out as an anesthesiologist assistant commits a felony

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

20  775.083, or s. 775.084.

21         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

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

23  license of an anesthesiologist assistant who the board

24  determines has violated any provision of this section or

25  chapter or any rule adopted pursuant thereto.

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

27  this section.

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

29  liable for any act or omission of an anesthesiologist

30  assistant acting under the anesthesiologist's supervision and

31


                                  22

CODING: Words stricken are deletions; words underlined are additions.






                                           HB 599, First Engrossed



  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 6.  This act shall take effect July 1, 2002.

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  23

CODING: Words stricken are deletions; words underlined are additions.