Senate Bill sb0966

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 966

    By Senator Wasserman Schultz





    32-287A-02                                          See HB 599

  1                      A bill to be entitled

  2         An act relating to anesthesiologist assistants;

  3         creating ss. 458.3475 and 459.023, F.S.;

  4         providing definitions; providing performance

  5         standards for anesthesiologist assistants and

  6         supervising anesthesiologists; providing for

  7         the approval of training programs and for

  8         services authorized to be performed by

  9         trainees; providing licensing procedures;

10         providing for fees; providing for additional

11         membership, powers, and duties of the Council

12         on Physician Assistants; providing penalties;

13         providing for disciplinary actions; providing

14         for the adoption of rules; prescribing

15         liability; providing for the allocation of

16         fees; providing an effective date.

17

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

19

20         Section 1.  Section 458.3475, Florida Statutes, is

21  created to read:

22         458.3475  Anesthesiologist assistants.--

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

24         (a)  "Anesthesiologist" means an allopathic physician

25  licensed under this chapter who has successfully completed an

26  anesthesiology training program approved by the Accreditation

27  Committee on Graduate Medical Education, or its equivalent,

28  and who is certified by the American Board of Anesthesiology

29  or is eligible to take that board's examination.

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

31  an approved program who is licensed to perform medical

                                  1

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1  services delegated and directly supervised by a supervising

  2  anesthesiologist.

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

  4  that specializes in the relief of pain during and after

  5  surgical procedures and childbirth, during certain chronic

  6  disease processes, and during resuscitation and critical care

  7  of patients in the operating room and intensive care

  8  environments.

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

10  education and training of anesthesiologist assistants that has

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

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

13  of Osteopathic Medicine.

14         (f)  "Continuing medical education" means courses

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

16  Physician Assistants, the American Medical Association, the

17  American Osteopathic Association, the American Academy of

18  Anesthesiologist Assistants, the American Society of

19  Anesthesiologists, or the Accreditation Council on Continuing

20  Medical Education.

21         (g)  "Council" means the Council on Physician

22  Assistants.

23         (h)  "Direct supervision" means supervision by an

24  anesthesiologist who is present in the office or surgical or

25  obstetrical suite and is immediately available to provide

26  assistance and direction while anesthesiology services are

27  being performed.

28         (i)  "Proficiency examination" means an entry-level

29  examination approved by the boards, including examination

30  administered by the National Commission on Certification of

31  Anesthesiologist Assistants.

                                  2

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         (j)  "Trainee" means a person who is currently enrolled

  2  in an approved program.

  3         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

  4         (a)  An anesthesiologist who directly supervises an

  5  anesthesiologist assistant must be qualified in the medical

  6  areas in which the anesthesiologist assistant performs and is

  7  liable for the performance of the anesthesiologist assistant.

  8  An anesthesiologist may not supervise more than four

  9  anesthesiologist assistants at a time.

10         (b)  An anesthesiologist, within 30 days after

11  establishing a supervisory relationship with an

12  anesthesiologist assistant, must file with the council a

13  protocol similar to that in s. 458.348, which must be updated

14  upon the addition or termination of any party or at least

15  annually thereafter. Each anesthesiologist or each member of a

16  group of anesthesiologists must sign the protocol.

17         (3)  PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.--

18         (a)  The boards shall adopt by rule the general

19  principles that supervising anesthesiologists must use in

20  developing the scope of practice of anesthesiologist

21  assistants, but an anesthesiologist assistant may practice

22  only under the direct supervision of a supervising

23  anesthesiologist. These principles shall recognize the

24  diversity of practice settings in which anesthesiologist

25  assistants are used.

26         (b)  Nothing in this section or chapter prevents

27  third-party payors from reimbursing employers of

28  anesthesiologist assistants for covered services rendered by

29  such anesthesiologist assistants.

30

31

                                  3

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         (c)  An anesthesiologist assistant must clearly convey

  2  to the patient that he or she is an anesthesiologist

  3  assistant.

  4         (d)  An anesthesiologist assistant may perform

  5  anesthesia tasks and services within the framework of a

  6  written practice protocol developed between the supervising

  7  anesthesiologist and the anesthesiologist assistant.

  8         (e)  An anesthesiologist assistant may not prescribe

  9  legend drugs or medical devices, compound medicines for

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

11  this paragraph prohibits an anesthesiologist assistant from

12  administering legend drugs, narcotics or scheduled drugs,

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

14  other anesthetic agents to patients while under the direct

15  supervision of an anesthesiologist.

16         (4)  PERFORMANCE BY TRAINEES.--Notwithstanding any

17  other law, a trainee may perform medical services that are

18  rendered within the scope of an approved program.

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

20  programs, based on recommendations by the council, for the

21  education and training of anesthesiologist assistants which

22  meet standards established by board rules. The council may

23  recommend only those anesthesiologist assistant training

24  programs that hold full accreditation or provisional

25  accreditation from the Commission on Accreditation of Allied

26  Health Education Programs.

27         (6)  ANESTHESIOLOGIST ASSISTANT LICENSURE.--

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

29  anesthesiologist assistant must apply to the department. The

30  department shall issue a license to any person certified by

31  the council to:

                                  4

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         1.  Be at least 18 years of age.

  2         2.  Have satisfactorily passed a proficiency

  3  examination with a score established by the National

  4  Commission on Certification of Anesthesiologist Assistants. An

  5  applicant who does not hold a current certificate issued by

  6  the commission or its successor and has not actively practiced

  7  as an anesthesiologist assistant within the immediately

  8  preceding 4 years must pass the entry-level examination of the

  9  National Commission on Certification of Anesthesiologist

10  Assistants in order to be licensed.

11         3.  Be certified in advanced cardiac life support.

12         4.  Have completed the application form and remitted an

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

14  An application must include:

15         a.  A certificate of completion of an approved program.

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

17         c.  A sworn statement of any prior revocation 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.

                                  5

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         (d)  An anesthesiologist assistant must notify the

  2  department in writing within 30 days after obtaining

  3  employment and after any subsequent change in his or her

  4  supervising anesthesiologist. The notification must include

  5  the full name, license number, specialty, and address of the

  6  supervising anesthesiologist. Submission of the required

  7  protocol satisfies this requirement.

  8         (e)  Notwithstanding subparagraph (a)2., the department

  9  may grant to a recent graduate of an approved program a

10  temporary license that expires upon receipt of scores of the

11  proficiency examination administered by the National

12  Commission on Certification of Anesthesiologist Assistants.

13  Between meetings of the council, the department may grant a

14  temporary license to applicants based upon completion of all

15  temporary licensure requirements. Such licenses must be

16  reviewed and acted on at the next regular meeting of the

17  council. The licensure of an applicant who fails the

18  proficiency examination becomes void immediately, but the

19  applicant may reapply for a 1-year temporary license. An

20  applicant may not be granted more than two temporary licenses

21  and may not be licensed as an anesthesiologist assistant until

22  the applicant passes the examination administered by the

23  National Commission on Certification of Anesthesiologist

24  Assistants. As prescribed by board rule, the council may

25  require an applicant who does not pass the examination after

26  five or more attempts to complete additional remedial

27  education or training. The council shall prescribe additional

28  requirements that permit the applicant to be reexamined within

29  2 years after the date the applicant petitions the council to

30  retake the examination a sixth or subsequent time.

31

                                  6

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    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         (f)  The Board of Medicine may impose upon an

  2  anesthesiologist assistant any penalty specified in s. 456.072

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

  4  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)  DELEGATION OF POWERS AND DUTIES.--The boards may

  8  delegate such powers and duties to the council as they may

  9  deem proper.

10         (8)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

11  SERVE ON COUNCIL.--

12         (a)  In addition to the members appointed pursuant to

13  ss. 458.347(9) and 459.022(9), the council shall include two

14  members appointed as follows:

15         1.  The secretary of the department or his or her

16  designee shall appoint an anesthesiologist assistant fully

17  licensed under this chapter or chapter 459.

18         2.  The secretary of the department or his or her

19  designee shall appoint a qualified anesthesiologist who

20  supervises an anesthesiologist assistant in the qualified

21  anesthesiologist's office.

22         (b)  In addition to its other duties and

23  responsibilities as prescribed by law, the council shall:

24         1.  Recommend to the department the licensure of

25  anesthesiologist assistants.

26         2.  Develop all rules regulating the use of

27  anesthesiologist assistants by qualified anesthesiologists

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

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

30  shall also develop rules to ensure that the continuity of

31  supervision is maintained in each practice setting. The boards

                                  7

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    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1  shall consider adopting a proposed rule developed by the

  2  council at the regularly scheduled meeting immediately

  3  following the submission of the proposed rule by the council.

  4  A proposed rule submitted by the council may not be adopted by

  5  either board unless both boards have accepted and approved the

  6  identical language contained in the proposed rule. The

  7  language of all proposed rules submitted by the council must

  8  be approved by both boards pursuant to each respective board's

  9  guidelines and standards regarding the adoption of proposed

10  rules. If either board rejects the council's proposed rule,

11  that board must specify its objections to the council with

12  particularity and include any recommendations it may have for

13  modification of the proposed rule.

14         3.  Make recommendations to the boards regarding all

15  matters relating to anesthesiologist assistants.

16         4.  Address concerns and problems of practicing

17  anesthesiologist assistants to improve safety in the clinical

18  practices of licensed anesthesiologist assistants.

19         (c)  When the council finds that an applicant for

20  licensure has failed to meet, to the council's satisfaction,

21  each of the requirements for licensure set forth in this

22  section, the council may enter an order to:

23         1.  Refuse to certify the applicant for licensure;

24         2.  Approve the applicant for licensure with

25  restrictions on the scope of practice or license; or

26         3.  Approve the applicant for conditional licensure.

27  Such conditions may include placement of the licensee on

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

29  as the council may specify, including, but not limited to,

30  requiring the licensee to undergo treatment, to attend

31  continuing education courses, or to take corrective action.

                                  8

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    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




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

  2  herself out as an anesthesiologist assistant commits a felony

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

  4  s. 775.084 or by a fine not to exceed $5,000.

  5         (10)  DENIAL, SUSPENSION, OR REVOCATION OF

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

  7  license of an anesthesiologist assistant who the board

  8  determines has violated any provision of this section or

  9  chapter or any rule adopted pursuant thereto.

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

11  this section.

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

13  liable for any act or omission of an anesthesiologist

14  assistant acting under the anesthesiologist's supervision and

15  control.

16         (13)  FEES.--The department shall allocate the fees

17  collected under this section to the council.

18         Section 2.  Section 459.023, Florida Statutes, is

19  created to read:

20         459.023  Anesthesiologist assistants.--

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

22         (a)  "Anesthesiologist" means an osteopathic physician

23  licensed under this chapter who has successfully completed an

24  anesthesiology training program approved by the Accreditation

25  Committee on Graduate Medical Education, or its equivalent,

26  and who is certified by the American Osteopathic Board of

27  Anesthesiology or is eligible to take that board's

28  examination.

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

30  an approved program who is licensed to perform medical

31

                                  9

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1  services delegated and directly supervised by a supervising

  2  anesthesiologist.

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

  4  that specializes in the relief of pain during and after

  5  surgical procedures and childbirth, during certain chronic

  6  disease processes, and during resuscitation and critical care

  7  of patients in the operating room and intensive care

  8  environments.

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

10  education and training of anesthesiologist assistants that has

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

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

13  of Osteopathic Medicine.

14         (f)  "Continuing medical education" means courses

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

16  Physician Assistants, the American Medical Association, the

17  American Osteopathic Association, the American Academy of

18  Anesthesiologist Assistants, the American Society of

19  Anesthesiologists, or the Accreditation Council on Continuing

20  Medical Education.

21         (g)  "Council" means the Council on Physician

22  Assistants.

23         (h)  "Direct supervision" means supervision by an

24  anesthesiologist who is present in the office or surgical or

25  obstetrical suite and is immediately available to provide

26  assistance and direction while anesthesiology services are

27  being performed.

28         (i)  "Proficiency examination" means an entry-level

29  examination approved by the boards, including examinations

30  administered by the National Commission on Certification of

31  Anesthesiologist Assistants.

                                  10

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         (j)  "Trainee" means a person who is currently enrolled

  2  in an approved program.

  3         (2)  PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.--

  4         (a)  An anesthesiologist who directly supervises an

  5  anesthesiologist assistant must be qualified in the medical

  6  areas in which the anesthesiologist assistant performs, and is

  7  liable for the performance of the anesthesiologist assistant.

  8  An anesthesiologist may not supervise more than four

  9  anesthesiologist assistants at a time.

10         (b)  An anesthesiologist, within 30 days after

11  establishing a supervisory relationship with an

12  anesthesiologist assistant, must file with the council a

13  protocol similar to that in s. 458.348, which must be updated

14  upon the addition or termination of any party or at least

15  annually thereafter. Each anesthesiologist or each member of a

16  group of anesthesiologists must sign the protocol.

17         (3)  PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.--

18         (a)  The boards shall adopt by rule the general

19  principles that supervising anesthesiologists must use in

20  developing the scope of practice of anesthesiologist

21  assistants, but an anesthesiologist assistant may practice

22  only under the direct supervision of a supervising

23  anesthesiologist. These principles shall recognize the

24  diversity of practice settings in which anesthesiologist

25  assistants are used.

26         (b)  Nothing in this section or chapter prevents

27  third-party payors from reimbursing employers of

28  anesthesiologist assistants for covered services rendered by

29  such anesthesiologist assistants.

30

31

                                  11

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         (c)  An anesthesiologist assistant must clearly convey

  2  to the patient that she or he is an anesthesiologist

  3  assistant.

  4         (d)  An anesthesiologist assistant may perform

  5  anesthesia tasks and services within the framework of a

  6  written practice protocol developed between the supervising

  7  anesthesiologist and the anesthesiologist assistant.

  8         (e)  An anesthesiologist assistant may not prescribe

  9  legend drugs or medical devices, compound medicines for

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

11  this paragraph prohibits an anesthesiologist assistant from

12  administering legend drugs, narcotics or scheduled drugs,

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

14  other anesthetic agents to patients while under the direct

15  supervision of an anesthesiologist.

16         (4)  PERFORMANCE BY TRAINEES.--Notwithstanding any

17  other law, a trainee may perform medical services that are

18  rendered within the scope of an approved program.

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

20  programs, based on recommendations by the council, for the

21  education and training of anesthesiologist assistants which

22  meet standards established by board rules. The council may

23  recommend only those anesthesiologist assistant training

24  programs that hold full accreditation or provisional

25  accreditation from the Commission on Accreditation of Allied

26  Health Education Programs.

27         (6)  ANESTHESIOLOGIST ASSISTANT LICENSURE.--

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

29  anesthesiologist assistant must apply to the department. The

30  department shall issue a license to any person certified by

31  the council to:

                                  12

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         1.  Be at least 18 years of age.

  2         2.  Have satisfactorily passed a proficiency

  3  examination with a score established by the National

  4  Commission on Certification of Anesthesiologist Assistants. An

  5  applicant who does not hold a current certificate issued by

  6  the commission or its successor and has not actively practiced

  7  as an anesthesiologist assistant within the immediately

  8  preceding 4 years must pass the entry-level examination of the

  9  National Commission on Certification of Anesthesiologist

10  Assistants in order to be licensed.

11         3.  Be certified in advanced cardiac life support.

12         4.  Have completed the application form and remitted an

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

14  An application must include:

15         a.  A certificate of completion of an approved program.

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

17         c.  A sworn statement of any prior revocation 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.

                                  13

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         (d)  An anesthesiologist assistant must notify the

  2  department in writing within 30 days after obtaining

  3  employment and after any subsequent change in her or his

  4  supervising anesthesiologist. The notification must include

  5  the full name, license number, specialty, and address of the

  6  supervising anesthesiologist. Submission of the required

  7  protocol satisfies this requirement.

  8         (e)  Notwithstanding subparagraph (a)2., the department

  9  may grant to a recent graduate of an approved program a

10  temporary license that expires upon receipt of scores of the

11  proficiency examination administered by the National

12  Commission on Certification of Anesthesiologist Assistants.

13  Between meetings of the council, the department may grant a

14  temporary license to applicants based upon completion of all

15  temporary licensure requirements. Such licenses must be

16  reviewed and acted on at the next regular meeting of the

17  council. The licensure of an applicant who fails the

18  proficiency examination becomes void immediately, but the

19  applicant may reapply for a 1-year temporary license. An

20  applicant may not be granted more than two temporary licenses

21  and may not be licensed as an anesthesiologist assistant until

22  the applicant passes the examination administered by the

23  National Commission on Certification of Anesthesiologist

24  Assistants. As prescribed by board rule, the council may

25  require an applicant who does not pass the examination after

26  five or more attempts to complete additional remedial

27  education or training. The council shall prescribe additional

28  requirements that permit the applicant to be reexamined within

29  2 years after the date the applicant petitions the council to

30  retake the examination a sixth or subsequent time.

31

                                  14

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         (f)  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)  DELEGATION OF POWERS AND DUTIES.--The boards may

  8  delegate such powers and duties to the council as they may

  9  deem proper.

10         (8)  ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO

11  SERVE ON COUNCIL.--

12         (a)  In addition to the members appointed pursuant to

13  ss. 458.347(9) and 459.022(9), the council shall include two

14  members appointed as follows:

15         1.  The secretary of the department or her or his

16  designee shall appoint an anesthesiologist assistant fully

17  licensed under this chapter or chapter 458.

18         2.  The secretary of the department or her or his

19  designee shall appoint a qualified anesthesiologist who

20  supervises an anesthesiologist assistant in the qualified

21  anesthesiologist's office.

22         (b)  In addition to its other duties and

23  responsibilities as prescribed by law, the council shall:

24         1.  Recommend to the department the licensure of

25  anesthesiologist assistants.

26         2.  Develop all rules regulating the use of

27  anesthesiologist assistants by qualified anesthesiologists

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

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

30  shall also develop rules to ensure that the continuity of

31  supervision is maintained in each practice setting. The boards

                                  15

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1  shall consider adopting a proposed rule developed by the

  2  council at the regularly scheduled meeting immediately

  3  following the submission of the proposed rule by the council.

  4  A proposed rule submitted by the council may not be adopted by

  5  either board unless both boards have accepted and approved the

  6  identical language contained in the proposed rule. The

  7  language of all proposed rules submitted by the council must

  8  be approved by both boards pursuant to each respective board's

  9  guidelines and standards regarding the adoption of proposed

10  rules. If either board rejects the council's proposed rule,

11  that board must specify its objections to the council with

12  particularity and include any recommendations it may have for

13  modification of the proposed rule.

14         3.  Make recommendations to the boards regarding all

15  matters relating to anesthesiologist assistants.

16         4.  Address concerns and problems of practicing

17  anesthesiologist assistants to improve safety in the clinical

18  practices of licensed anesthesiologist assistants.

19         (c)  When the council finds that an applicant for

20  licensure has failed to meet, to the council's satisfaction,

21  each of the requirements for licensure set forth in this

22  section, the council may enter an order to:

23         1.  Refuse to certify the applicant for licensure;

24         2.  Approve the applicant for licensure with

25  restrictions on the scope of practice or license; or

26         3.  Approve the applicant for conditional licensure.

27  Such conditions may include placement of the licensee on

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

29  as the council may specify, including, but not limited to,

30  requiring the licensee to undergo treatment, to attend

31  continuing education courses, or to take corrective action.

                                  16

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






    Florida Senate - 2002                                   SB 966
    32-287A-02                                          See HB 599




  1         (9)  PENALTY.--A person who falsely holds herself or

  2  himself out as an anesthesiologist assistant commits a felony

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

  4  s. 775.084 or by a fine not to exceed $5,000.

  5         (10)  DENIAL, SUSPENSION, OR REVOCATION OF

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

  7  license of an anesthesiologist assistant who the board

  8  determines has violated any provision of this section or

  9  chapter or any rule adopted pursuant thereto.

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

11  this section.

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

13  liable for any act or omission of an anesthesiologist

14  assistant acting under the anesthesiologist's supervision and

15  control.

16         (13)  FEES.--The department shall allocate the fees

17  collected under this section to the council.

18         Section 3.  This act shall take effect July 1, 2002.

19

20            *****************************************

21                       LEGISLATIVE SUMMARY

22
      Provides for the regulation of anesthesiologist
23    assistants. Establishes performance standards, including
      those for supervising anesthesiologists. Provides
24    licensing procedures. Provides for the approval of
      training programs and for services authorized to be
25    performed by trainees. Establishes fees and provides for
      their allocation. Adds an anesthesiologist and an
26    anesthesiologist assistant to the Council on Physician
      Assistants and expands the council's powers and duties
27    accordingly. Prescribes penalties and provides for
      disciplinary actions. Provides for the adoption of rules
28    relating to licensees. Prescribes liability. See bill for
      details.
29

30

31

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