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States Anesthesiologist Assistants Work!

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    Posted: 13 Oct 2009 at 7:19pm
What states do Anesthesiologist Assistants
currently work?

Anesthesiologist Assistants also known as Anesthesia Assistants
currently work in eighteen states and that number will grow to equal
CRNA's in the near future.  These states with their current legislation
are:  Florida, Georgia, Colorado, South Carolina, North Carolina, 
Alabama, Kentucky, Missouri, New Mexico, Ohio,Oklahoma, Vermont,
District of Columbia, Michigan, New Hampshire, Texas, West Virginia
and Wisconsin!
Please check with your state's Anesthesiologist
Assistant medical practice act if your state is not represented above!


------------------------------------------------------------------------------------------------------------------


FLORIDA
HISTORY

CHAPTER 2004-303
Committee Substitute for Senate Bill No. 626

An act relating to anesthesiologist assistants; amending s. 456.048,
F.S.; requiring the Board of Medicine and the Board of Osteopathic
Medicine to require medical malpractice insurance or proof of financial
responsibility as a condition of licensure or licensure renewal for
licensed anesthesiologist assistants; amending ss. 458.331, 459.015,
F.S.; revising grounds for which a physician may be disciplined for
failing to provide adequate supervision; creating ss. 458.3475,
459.023, F.S.; providing definitions; providing performance standards
for anesthesiologist assistants and supervising anesthesiologists;
providing for the approval of training programs and for services
authorized to be performed by trainees; providing licensing
procedures; providing for fees; providing for additional membership,
powers, and duties of the Board of Medicine and the Board of Osteopathic
Medicine; providing penalties; providing for disciplinary actions;
providing for the adoption of rules; prescribing liability; providing
for the allocation of fees; providing an effective date.

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

Section 1. Section 456.048, Florida Statutes, is amended to read:

456.048 Financial responsibility requirements for certain health care
practitioners.-


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

(1) As a prerequisite for licensure or license renewal, the Board of Acupuncture,
the Board of Chiropractic Medicine, the Board of Podiatric Medicine,
and the Board of Dentistry shall, by rule, require that all health care
practitioners licensed under the respective board, and the Board of Medicine
and the Board of Osteopathic Medicine shall, by rule, require that all anesthesiologist
assistants licensed pursuant to s. 458.3475 or s. 459.023, and
the Board of Nursing shall, by rule, require that advanced registered nurse
practitioners certified under s. 464.012, and the department shall, by rule,
require that midwives maintain medical malpractice insurance or provide
proof of financial responsibility in an amount and in a manner determined
by the board or department to be sufficient to cover claims arising out of the
rendering of or failure to render professional care and services in this state.

(2) The board or department may grant exemptions upon application by
practitioners meeting any of the following criteria:

(a) Any person licensed under chapter 457, s. 458.3475, s. 459.023, chapter
460, chapter 461, s. 464.012, chapter 466, or chapter 467 who practices
exclusively as an officer, employee, or agent of the Federal Government or
of the state or its agencies or its subdivisions. For the purposes of this
subsection, an agent of the state, its agencies, or its subdivisions is a person
who is eligible for coverage under any self-insurance or insurance program
authorized by the provisions of s. 768.28(15) or who is a volunteer under- s.
110.501(1).

(b) Any person whose license or certification has become inactive under
chapter 457, s. 458.3475, s. 459.023, chapter 460, chapter 461, part I of
chapter 464, chapter 466, or chapter 467 and who is not practicing in this
state. Any person applying for reactivation of a license must show either
that such licensee maintained tail insurance coverage which provided liability
coverage for incidents that occurred on or after October 1, 1993, or the
initial date of licensure in this state, whichever is later, and incidents that
occurred before the date on which the license became inactive; or such
licensee must submit an affidavit stating that such licensee has no unsatisfied
medical malpractice judgments or settlements at the time of application
for reactivation.

(c) Any person holding a limited license pursuant to s. 456.015, and
practicing under the scope of such limited license.

(d) Any person licensed or certified under chapter 457, s. 458.3475, s.
459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or chapter 467
who practices only in conjunction with his or her teaching duties at an
accredited school or in its main teaching hospitals. Such person may engage
in the practice of medicine to the extent that such practice is incidental to
and a necessary part of duties in connection with the teaching position in
the school.

(e) Any person holding an active license or certification under chapter
457, s. 458.3475, s. 459.023, chapter 460, chapter 461, s. 464.012, chapter
466, or chapter 467 who is not practicing in this state. If such person initiates
or resumes practice in this state, he or she must notify the department
of such activity.

(f) Any person who can demonstrate to the board or department that he
or she has no malpractice exposure in the state.

(3) Notwithstanding the provisions of this section, the financial responsibility
requirements of ss. 458.320 and 459.0085 shall continue to apply to
practitioners licensed under those chapters, except for anesthesiologist assistants
licensed pursuant to s. 458.3475 or s. 459.023 who must meet the
requirements of this section.

Section 2. Paragraph (dd) of subsection (1) of section 458.331, Florida
Statutes, is amended to read:

458.331 Grounds for disciplinary action; action by the board and department.-

(1) The following acts constitute grounds for denial of a license or disciplinary
action, as specified in s. 456.072(2):

(dd) Failing to supervise adequately the activities of those physician
assistants, paramedics, emergency medical technicians, or advanced registered
nurse practitioners, or anesthesiologist assistants acting under the
supervision of the physician.

Section 3. Section 458.3475, Florida Statutes, is created to read:


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

458.3475 Anesthesiologist assistants.-

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

(a) "Anesthesiologist" means an allopathic physician who holds an active,
unrestricted license; who has successfully completed an anesthesiology
training program approved by the Accreditation Council on Graduate Medical
Education or its equivalent; and who is certified by the American Board
of Anesthesiology, is eligible to take that board's examination, or is certified
by the Board of Certification in Anesthesiology affiliated with the American
Association of Physician Specialists.

(b) "Anesthesiologist assistant" means a graduate of an approved program
who is licensed to perform medical services delegated and directly
supervised by a supervising anesthesiologist.

(c) "Anesthesiology" means the practice of medicine that specializes in
the relief of pain during and after surgical procedures and childbirth, during
certain chronic disease processes, and during resuscitation and critical care
of patients in the operating room and intensive care environments.

(d) "Approved program" means a program for the education and training
of anesthesiologist assistants which has been approved by the boards as
provided in subsection (5).

(e) "Boards" means the Board of Medicine and the Board of Osteopathic
Medicine.

(f) "Continuing medical education" means courses recognized and approved
by the boards, the American Academy of Physician Assistants, the
American Medical Association, the American Osteopathic Association, the
American Academy of Anesthesiologist Assistants, the American Society of
Anesthesiologists, or the Accreditation Council on Continuing Medical Education.

(g) "Direct supervision" means the on-site, personal supervision by an
anesthesiologist who is present in the office when the procedure is being
performed in that office, or is present in the surgical or obstetrical suite
when the procedure is being performed in that surgical or obstetrical suite
and who is in all instances immediately available to provide assistance and
direction to the anesthesiologist assistant while anesthesia services are
being performed.

(h) "Proficiency examination" means an entry-level examination approved
by the boards, including examinations administered by the National
Commission on Certification of Anesthesiologist Assistants.

(i) "Trainee" means a person who is currently enrolled in an approved
program.

(2) PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.---

(a) An anesthesiologist who directly supervises an anesthesiologist assistant
must be qualified in the medical areas in which the anesthesiologist
assistant performs and is liable for the performance of the anesthesiologist
assistant. An anesthesiologist may only supervise two anesthesiologist assistants
at the same time. The board may, by rule, allow an anesthesiologist
to supervise up to four anesthesiologist assistants, after July 1, 2008.

(b) An anesthesiologist or group of anesthesiologists must, upon establishing
a supervisory relationship with an anesthesiologist assistant, file
with the board a written protocol that includes, at a minimum:

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

2. The name, address, license number, and federal Drug Enforcement
Administration number of each physician who will be supervising the anesthesiologist
assistant.

3. The address of the anesthesiologist assistant's primary practice location
and the address of any other locations where the anesthesiologist assistant
may practice.

4. The date the protocol was developed and the dates of all revisions.

5. The signatures of the anesthesiologist assistant and all supervising
physicians.

6. The duties and functions of the anesthesiologist assistant.

7. The conditions or procedures that require the personal provision of
care by an anesthesiologist.

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

The protocol must be on file with the board before the anesthesiologist
assistant may practice with the anesthesiologist or group. An anesthesiologist
assistant may not practice unless a written protocol has been filed for
that anesthesiologist assistant in accordance with this paragraph, and the
anesthesiologist assistant may only practice under the direct supervision of
an anesthesiologist who has signed the protocol. The protocol must be updated
biennially.

(3) PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.-

(a) An anesthesiologist assistant may assist an anesthesiologist in developing
and implementing an anesthesia care plan for a patient. In providing
assistance to an anesthesiologist, an anesthesiologist assistant may perform
duties established by rule by the board in any of the following functions that
are included in the anesthesiologist assistant's protocol while under the
direct supervision of an anesthesiologist:

1. Obtain a comprehensive patient history and present the history to the
supervising anesthesiologist.

2. Pretest and calibrate anesthesia delivery systems and monitor, obtain,
and interpret information from the systems and monitors.

3. Assist the supervising anesthesiologist with the implementation of
medically accepted monitoring techniques.

4. Establish basic and advanced airway interventions, including intubation
of the trachea and performing ventilatory support.

5. Administer intermittent vasoactive drugs and start and adjust vasoactive
infusions.

6. Administer anesthetic drugs, adjuvant drugs, and accessory drugs.

7. Assist the supervising anesthesiologist with the performance of epidural
anesthetic procedures and spinal anesthetic procedures.

8. Administer blood, blood products, and supportive fluids.

9. Support life functions during anesthesia health care, including induction
and intubation procedures, the use of appropriate mechanical supportive
devices, and the management of fluid, electrolyte, and blood component
balances.

10. Recognize and take appropriate corrective action for abnormal patient
responses to anesthesia, adjunctive medication, or other forms of therapy.

11. Participate in management of the patient while in the postanesthesia
recovery area, including the administration of any supporting fluids or
drugs.

12. Place special peripheral and central venous and arterial lines for
blood sampling and monitoring as appropriate.

(b) Nothing in this section or chapter prevents third-party payors from
reimbursing employers of anesthesiologist assistants for covered services
rendered by such anesthesiologist assistants.

(c) An anesthesiologist assistant must clearly convey to the patient that
he or she is an anesthesiologist assistant.

(d) An anesthesiologist assistant may perform anesthesia tasks and services
within the framework of a written practice protocol developed between
the supervising anesthesiologist and the anesthesiologist assistant.

(e) An anesthesiologist assistant may not prescribe, order, or compound
any controlled substance, legend drug, or medical device, nor may an anesthesiologist
assistant dispense sample drugs to patients. Nothing in this
paragraph prohibits an anesthesiologist assistant from administering legend drugs or
controlled substances; intravenous drugs, fluids, or blood products; or inhalation or
other anesthetic agents to patients which are ordered by the supervising anesthesiologist
and administered while under the direct supervising anesthesiologist.

(4)PERFORMANCE BY TRAINEES.---

The practice of a trainee is exempt from the requirements of this chapter while the trainee is
performing assigned tasks as a trainee in conjunction with an approved program. Before
providing anesthesia services, including the administration of anesthesia in
conjunction with the requirements of an approved program, the trainee
must clearly convey to the patient that he or she is a trainee.

(5) PROGRAM APPROVAL.---

The boards shall approve programs for the education and training of anesthesiologist assistants
which meet standards established by board rules. The boards may recommend only those
anesthesiologist assistant training programs that hold full accreditation or provisional
accreditation from the Commission on Accreditation of Allied Health
Education Programs.

(6) ANESTHESIOLOGIST ASSISTANT LICENSURE.---

(a) ((Any person desiring to be licensed as an anesthesiologist assistant
must apply to the department. The department shall issue a license to any
person certified by the board to:

1. Be at least 18 years of age.

2. Have satisfactorily passed a proficiency examination with a score established
by the National Commission on Certification of Anesthesiologist
Assistants.

3. Be certified in advanced cardiac life support.

4. Have completed the application form and remitted an application fee,
not to exceed $1,000, as set by the boards. An application must include:

a. A certificate of completion of an approved graduate level program.

b. A sworn statement of any prior felony convictions.

c. A sworn statement of any prior discipline or denial of licensure or
certification in any state.

d. Two letters of recommendation from anesthesiologists.

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

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

2. A sworn statement of no felony convictions in the immediately preceding
2 years.

(c) Each licensed anesthesiologist assistant must biennially complete 40
hours of continuing medical education or hold a current certificate issued by
the National Commission on Certification of Anesthesiologist Assistants or
its successor.

(d) An anesthesiologist assistant must notify the department in writing
within 30 days after obtaining employment that requires a license under
this chapter and after any subsequent change in his or her supervising
anesthesiologist. The notification must include the full name, license number,
specialty, and address of the supervising anesthesiologist. Submission
of a copy of the required protocol by the anesthesiologist assistant satisfies
this requirement.

(e) The Board of Medicine may impose upon an anesthesiologist assistant
any penalty specified in s. 456.072 or s. 458.331(2) if the anesthesiologist
assistant or the supervising anesthesiologist is found guilty of or is investigated
for an act that constitutes a violation of this chapter or chapter 456.

(7) ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT
TO ADVISE THE BOARD.-

(a) The chairman of the board may appoint an anesthesiologist and an
anesthesiologist assistant to advise the board as to the adoption of rules for
the licensure of anesthesiologist assistants. The board may use a committee
structure that is most practicable in order to receive any recommendations
to the board regarding rules and all matters relating to anesthesiologist
assistants, including, but not limited to, recommendations to improve safety
in the clinical practices of licensed anesthesiologist assistants.

(b) In addition to its other duties and responsibilities as prescribed by
law, the board shall:

1. Recommend to the department the licensure of anesthesiologist assistants.

2. Develop all rules regulating the use of anesthesiologist assistants by
qualified anesthesiologists under this chapter and chapter 459, except for
rules relating to the formulary developed under s. 458.347(4)(f). The board
shall also develop rules to ensure that the continuity of supervision is maintained
in each practice setting. The boards shall consider adopting a proposed
rule at the regularly scheduled meeting immediately following the
submission of the proposed rule. A proposed rule may not be adopted by
either board unless both boards have accepted and approved the identical
language contained in the proposed rule. The language of all proposed rules
must be approved by both boards pursuant to each respective board's guidelines
and standards regarding the adoption of proposed rules.

3. Address concerns and problems of practicing anesthesiologist assistants
to improve safety in the clinical practices of licensed anesthesiologist
assistants.

(c) When the board finds that an applicant for licensure has failed to
meet, to the board's satisfaction, each of the requirements for licensure set
forth in this section, the board may enter an order to:

1. Refuse to certify the applicant for licensure;

2. Approve the applicant for licensure with restrictions on the scope of
practice or license; or

3. Approve the applicant for conditional licensure. Such conditions may
include placement of the licensee on probation for a period of time and
subject to such conditions as the board specifies, including, but not limited
to, requiring the licensee to undergo treatment, to attend continuing education
courses, or to take corrective action.

(8) PENALTY.-A person who falsely holds himself or herself out as an
anesthesiologist assistant commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.

(9) DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.-
The boards may deny, suspend, or revoke the license of an anesthesiologist
assistant who the board determines has violated any provision of this section
or chapter or any rule adopted pursuant thereto.

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

(11) LIABILITY.-A supervising anesthesiologist is liable for any act or
omission of an anesthesiologist assistant acting under the anesthesiologist's
supervision and control and shall comply with the financial responsibility
requirements of this chapter and chapter 456, as applicable.

(12) FEES.-The department shall allocate the fees collected under this
section to the board.

Section 4. Paragraph (hh) of subsection (1) of section 459.015, Florida
Statutes, is amended to read:

459.015 Grounds for disciplinary action; action by the board and department.-

(1) The following acts constitute grounds for denial of a license or disciplinary
action, as specified in s. 456.072(2):

(hh) Failing to supervise adequately the activities of those physician
assistants, paramedics, emergency medical technicians, advanced registered
nurse practitioners, anesthesiologist assistants, or other persons acting
under the supervision of the osteopathic physician.

Section 5. Section 459.023, Florida Statutes, is created to read:

459.023 Anesthesiologist assistants.-

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

(a) "Anesthesiologist" means an osteopathic physician who holds an active,
unrestricted license; who has successfully completed an anesthesiology
training program approved by the Accreditation Council on Graduate Medical
Education, or its equivalent, or the American Osteopathic Association;
and who is certified by the American Osteopathic Board of Anesthesiology
or is eligible to take that board's examination, is certified by the American
Board of Anesthesiology or is eligible to take that board's examination, or
is certified by the Board of Certification in Anesthesiology affiliated with the
American Association of Physician Specialists.

(b) "Anesthesiologist assistant" means a graduate of an approved program
who is licensed to perform medical services delegated and directly
supervised by a supervising anesthesiologist.


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

(c) "Anesthesiology" means the practice of medicine that specializes in
the relief of pain during and after surgical procedures and childbirth, during
certain chronic disease processes, and during resuscitation and critical care
of patients in the operating room and intensive care environments.

(d) "Approved program" means a program for the education and training
of anesthesiologist assistants which has been approved by the boards as
provided in subsection (5).

(e) "Boards" means the Board of Medicine and the Board of Osteopathic
Medicine.

(f) "Continuing medical education" means courses recognized and approved
by the boards, the American Academy of Physician Assistants, the
American Medical Association, the American Osteopathic Association, the
American Academy of Anesthesiologist Assistants, the American Society of
Anesthesiologists, or the Accreditation Council on Continuing Medical Education.

(g) "Direct supervision" means the on-site, personal supervision by an
anesthesiologist who is present in the office when the procedure is being
performed in that office, or is present in the surgical or obstetrical suite
when the procedure is being performed in that surgical or obstetrical suite
and who is in all instances immediately available to provide assistance and
direction to the anesthesiologist assistant while anesthesia services are
being performed.

(h) "Proficiency examination" means an entry-level examination approved
by the boards, including examinations administered by the National
Commission on Certification of Anesthesiologist Assistants.

(i) "Trainee" means a person who is currently enrolled in an approved
program.

(2) PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.-

(a) An anesthesiologist who directly supervises an anesthesiologist assistant
must be qualified in the medical areas in which the anesthesiologist
assistant performs and is liable for the performance of the anesthesiologist
assistant. An anesthesiologist may only supervise two anesthesiologist assistants
at the same time. The board may, by rule, allow an anesthesiologist
to supervise up to four anesthesiologist assistants, after July 1, 2008.

(b) An anesthesiologist or group of anesthesiologists must, upon establishing
a supervisory relationship with an anesthesiologist assistant, file
with the board a written protocol that includes, at a minimum:

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

2. The name, address, license number, and federal Drug Enforcement
Administration number of each physician who will be supervising the anesthesiologist
assistant.

Ch. 2004-303 LAWS OF FLORIDA Ch. 2004-303

3. The address of the anesthesiologist assistant's primary practice location
and the address of any other locations where the anesthesiologist assistant
may practice.

4. The date the protocol was developed and the dates of all revisions.

5. The signatures of the anesthesiologist assistant and all supervising
physicians.

6. The duties and functions of the anesthesiologist assistant.

7. The conditions or procedures that require the personal provision of
care by an anesthesiologist.

8. The procedures to be followed in the event of an anesthetic emergency.
The protocol must be on file with the board before the anesthesiologist
assistant may practice with the anesthesiologist or group. An anesthesiologist
assistant may not practice unless a written protocol has been filed for
that anesthesiologist assistant in accordance with this paragraph, and the
anesthesiologist assistant may only practice under the direct supervision of
an anesthesiologist who has signed the protocol. The protocol must be updated
biennially.

(3) PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.-

(a) An anesthesiologist assistant may assist an anesthesiologist in developing
and implementing an anesthesia care plan for a patient. In providing
assistance to an anesthesiologist, an anesthesiologist assistant may perform
duties established by rule by the board in any of the following functions that
are included in the anesthesiologist assistant's protocol while under the
direct supervision of an anesthesiologist:

1. Obtain a comprehensive patient history and present the history to the
supervising anesthesiologist.

2. Pretest and calibrate anesthesia delivery systems and monitor, obtain,
and interpret information from the systems and monitors.

3. Assist the supervising anesthesiologist with the implementation of
medically accepted monitoring techniques.

4. Establish basic and advanced airway interventions, including intubation
of the trachea and performing ventilatory support.

5. Administer intermittent vasoactive drugs and start and adjust vasoactive
infusions.

6. Administer anesthetic drugs, adjuvant drugs, and accessory drugs.

7. Assist the supervising anesthesiologist with the performance of epidural
anesthetic procedures and spinal anesthetic procedures.

8. Administer blood, blood products, and supportive fluids.

9. Support life functions during anesthesia health care, including induction
and intubation procedures, the use of appropriate mechanical supportive
devices, and the management of fluid, electrolyte, and blood component
balances.

10. Recognize and take appropriate corrective action for abnormal patient
responses to anesthesia, adjunctive medication, or other forms of therapy.

11. Participate in management of the patient while in the postanesthesia
recovery area, including the administration of any supporting fluids or
drugs.

12. Place special peripheral and central venous and arterial lines for
blood sampling and monitoring as appropriate.

(b) Nothing in this section or chapter prevents third-party payors from
reimbursing employers of anesthesiologist assistants for covered services
rendered by such anesthesiologist assistants.

(c) An anesthesiologist assistant must clearly convey to the patient that
she or he is an anesthesiologist assistant.

(d) An anesthesiologist assistant may perform anesthesia tasks and services
within the framework of a written practice protocol developed between
the supervising anesthesiologist and the anesthesiologist assistant.

(e) An anesthesiologist assistant may not prescribe, order, or compound
any controlled substance, legend drug, or medical device, nor may an anesthesiologist
assistant dispense sample drugs to patients. Nothing in this
paragraph prohibits an anesthesiologist assistant from administering legend
drugs or controlled substances; intravenous drugs, fluids, or blood products;
or inhalation or other anesthetic agents to patients which are ordered
by the supervising anesthesiologist and administered while under the direct
supervision of the supervising anesthesiologist.

(4) PERFORMANCE BY TRAINEES.-

The practice of a trainee is exemptfrom the requirements of this chapter while the trainee
is performing assigned tasks as a trainee in conjunction with an approved program. Before
providing anesthesia services, including the administration of anesthesia inconjunction with
the requirements of an approved program, the trainee must clearly convey to the patient that
he or she is a trainee.

(5) PROGRAM APPROVAL.-

The boards shall approve programs for the
education and training of anesthesiologist assistants which meet standards
established by board rules. The board may recommend only those anesthesiologist
assistant training programs that hold full accreditation or provisional
accreditation from the Commission on Accreditation of Allied Health
Education Programs.

(6) ANESTHESIOLOGIST ASSISTANT LICENSURE.-

(a) Any person desiring to be licensed as an anesthesiologist assistant
must apply to the department. The department shall issue a license to any
person certified by the board to:

1. Be at least 18 years of age.

2. Have satisfactorily passed a proficiency examination with a score established
by the National Commission on Certification of Anesthesiologist
Assistants.

3. Be certified in advanced cardiac life support.

4. Have completed the application form and remitted an application fee,
not to exceed $1,000, as set by the boards. An application must include:

a. A certificate of completion of an approved graduate level program.

b. A sworn statement of any prior felony convictions.

c. A sworn statement of any prior discipline or denial of licensure or
certification in any state.

d. Two letters of recommendation from anesthesiologists.

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

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

2. A sworn statement of no felony convictions in the immediately preceding
2 years.

(c) Each licensed anesthesiologist assistant must biennially complete 40
hours of continuing medical education or hold a current certificate issued by
the National Commission on Certification of Anesthesiologist Assistants or
its successor.

(d) An anesthesiologist assistant must notify the department in writing
within 30 days after obtaining employment that requires a license under
this chapter and after any subsequent change in her or his supervising
anesthesiologist. The notification must include the full name, license number,
specialty, and address of the supervising anesthesiologist. Submission
of a copy of the required protocol by the anesthesiologist assistant satisfies
this requirement.

(e) The Board of Osteopathic Medicine may impose upon an anesthesiologist
assistant any penalty specified in s. 456.072 or s. 459.015(2) if the
anesthesiologist assistant or the supervising anesthesiologist is found guilty
of or is investigated for an act that constitutes a violation of this chapter or
chapter 456.

(7) ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT
TO ADVISE THE BOARD.-

(a) The chairman of the board may appoint an anesthesiologist and an
anesthesiologist assistant to advise the board as to the adoption of rules for
the licensure of anesthesiologist assistants. The board may use a committee
structure that is most practicable in order to receive any recommendations
to the board regarding rules and all matters relating to anesthesiologist
assistants, including, but not limited to, recommendations to improve safety
in the clinical practices of licensed anesthesiologist assistants.

(b) In addition to its other duties and responsibilities as prescribed by
law, the board shall:

1. Recommend to the department the licensure of anesthesiologist assistants.

2. Develop all rules regulating the use of anesthesiologist assistants by
qualified anesthesiologists under this chapter and chapter 458, except for
rules relating to the formulary developed under s. 458.347(4)(f). The board
shall also develop rules to ensure that the continuity of supervision is maintained
in each practice setting. The boards shall consider adopting a proposed
rule at the regularly scheduled meeting immediately following the
submission of the proposed rule. A proposed rule may not be adopted by
either board unless both boards have accepted and approved the identical language
contained in the proposed rule. The language of all proposed rules must be approved
by both boards pursuant to each respective board's guidelines and standards regarding
the adoption of proposed rules.

3. Address concerns and problems of practicing anesthesiologist assistants to improve
safety in the clinical practices of licensed anesthesiologist assistants.

(c) When the board finds that an applicant for licensure has failed to meet, to the board's
satisfaction, each of the requirements for licensure set forth in this section, the board
may enter an order to:

1. Refuse to certify the applicant for licensure;

2. Approve the applicant for conditional licensure. Such conditions may include placement
of the licensee on probation for a period of time and subject to such conditions as the board
specifies, including, but not limited to, requiring the licensee to undergo treatment, to attend
continuing education courses, or to take corrective action.

(8) PENALTY---

A person who falsely holds herself or himself out as an anesthesiologist assistant commits
a felony of the third degree, punishable as provided in s. 775.082, or s. 775.084.

(9) DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.---
The boards may deny, suspend, or revoke the license of an anesthesiologist
assistant who the board determines has violated any provision of this section
or chapter or any rule adopted pursuant thereto.

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

(11) LIABILITY.-A supervising anesthesiologist is liable for any act or
omission of an anesthesiologist assistant acting under the anesthesiologist's
supervision and control and shall comply with the financial responsibility
requirements of this chapter and chapter 456, as applicable.

(12) FEES.-The department shall allocate the fees collected under this
section to the board.

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

Approved by the Governor June 17, 2004.

Filed in Office Secretary of State June 17, 2004.

Ch. 2004-303 LAWS OF FLORIDA Ch. 2004-303

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