H.B. 477

1

LICENSING OF ANESTHESIOLOGIST
2 ASSISTANTS
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Stephen D. Clark
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill creates a new licensing chapter in the Division of Occupational and
11 Professional Licensing for Anesthesiologist Assistants.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . creates a board;
16 . requires licensure;
17 . establishes qualifications for licensure;
18 . establishes terms for the license;
19 . establishes exemptions from licensure; and
20 . defines unlawful and unprofessional conduct.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 ENACTS:
27 58-78-101, Utah Code Annotated 1953

28 58-78-102, Utah Code Annotated 1953
29 58-78-201, Utah Code Annotated 1953
30 58-78-301, Utah Code Annotated 1953
31 58-78-302, Utah Code Annotated 1953
32 58-78-303, Utah Code Annotated 1953
33 58-78-304, Utah Code Annotated 1953
34 58-78-401, Utah Code Annotated 1953
35 58-78-501, Utah Code Annotated 1953
36 58-78-502, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 58-78-101 is enacted to read:
40 CHAPTER 78. ANESTHESIOLOGIST ASSISTANT LICENSING ACT
41 Part 1. General Provisions
42 58-78-101. Title.
43 This chapter is known as the "Anesthesiologist Assistant Licensing Act."
44 Section 2. Section 58-78-102 is enacted to read:
45 58-78-102. Definitions.
46 In addition to the definitions in Section 58-1-102 , as used in this chapter:
47 (1) "Anesthesiologist Assistant" means a person licensed under this chapter to engage
48 in the practice of anesthesiologist assistant.
49 (2) "Board" means the Anesthesiologist Assistant Licensing Board created in Section
50 58-78-201 .
51 (3) "Practice of anesthesiologist assistant" means:
52 (a) the provisions of anesthesiology services as defined by the division by
53 administrative rule;
54 (b) under the supervision of a physician:
55 (i) licensed under Chapter 67, Utah Medical Practice Act; and
56 (ii) specializing in anesthesia; and
57 (c) when the physician described under Subsection (3)(b) is:
58 (i) actively engaged in clinical practice; and

59 (ii) immediately available on-site to provide supervision of the anesthesiologist
60 assistant.
61 (4) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-78-501 .
62 (5) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-78-502 and as
63 may be further defined by administrative rule adopted by the division in accordance with Title
64 63, Chapter 46a, Utah Administrative Rulemaking Act.
65 Section 3. Section 58-78-201 is enacted to read:
66 Part 2. Board
67 58-78-201. Board.
68 (1) There is created the Anesthesiologist Assistant Licensing Board consisting of four
69 persons licensed in accordance with this chapter and one member of the general public.
70 (2) The board shall be appointed and serve in accordance with Section 58-1-201 .
71 (3) The duties and responsibilities of the board shall be in accordance with Sections
72 58-1-202 and 58-1-203 . In addition, the board may designate one of its members on a
73 permanent or rotating basis to:
74 (a) assist the division in reviewing complaints concerning the unlawful or
75 unprofessional conduct of a licensee; and
76 (b) advise the division in its investigation of these complaints.
77 (4) A board member who has, under Subsection (3), reviewed a complaint or advised
78 in its investigation may be disqualified from participating with the board when the board
79 member serves as a presiding officer of an administrative proceeding concerning the complaint.
80 Section 4. Section 58-78-301 is enacted to read:
81 Part 3. Licensing
82 58-78-301. Licensure required -- Issuance of licenses -- Effect on insurers.
83 (1) Beginning January 1, 2009, and except as provided in Sections 58-1-307 and
84 58-78-304 , a license is required to engage in the practice of anesthesiologist assistant.
85 (2) The division shall issue to any person who qualifies under this chapter a license to
86 practice as an anesthesiologist assistant.
87 (3) Nothing in this chapter shall be construed to require payment from insurers for
88 anesthesiologist assistant services.
89 Section 5. Section 58-78-302 is enacted to read:

90 58-78-302. Qualifications for licensure -- Temporary license.
91 (1) Except as provided in Subsection (2), each applicant for licensure as an
92 anesthesiologist assistant under this chapter shall:
93 (a) submit an application in a form prescribed by the division;
94 (b) pay a fee determined by the department under Section 63-38-3.2 ;
95 (c) be of good moral character;
96 (d) provide satisfactory documentation of having earned certification from the National
97 Commission of Certified Anesthesiologist Assistants (NCCAA) or its successor organization;
98 (e) within 12 months of completing the training under Subsection (1)(d), pass the
99 certification exam offered by the NCCAA; and
100 (f) complete other requirements as specified by the division by administrative rule.
101 (2) The division may issue a temporary license, in accordance with Section 58-1-303
102 and any other conditions established by rule, to an applicant who meets all of the requirements
103 for licensure except the examination requirement of Subsection (1)(e).
104 Section 6. Section 58-78-303 is enacted to read:
105 58-78-303. Term of license -- Expiration -- Renewal.
106 (1) The division shall issue each license under this chapter in accordance with a
107 two-year renewal cycle established by rule. The division may by rule extend or shorten a
108 renewal cycle by as much as one year to stagger the renewal cycles it administers.
109 (2) Each licensee shall, at the time of applying for renewal, demonstrate compliance
110 with continuing education requirements established by rule by the division in collaboration
111 with the board.
112 (3) Each license automatically expires on the expiration date shown on the license
113 unless the licensee renews it in accordance with Section 58-1-308 .
114 Section 7. Section 58-78-304 is enacted to read:
115 58-78-304. Exemptions from licensure.
116 In addition to the exemptions from licensure set forth in Section 58-1-307 , the
117 following persons may engage in the practice of anesthesiologist assistant subject to the stated
118 circumstances and limitations without being licensed under this chapter:
119 (1) an individual licensed as a physician and surgeon or osteopathic physician and
120 surgeon under Chapter 67, Utah Medical Practice Act, and Chapter 68, Utah Osteopathic

121 Medical Practice Act; and
122 (2) a commissioned physician or surgeon serving in the armed forces of the United
123 States or other federal agency.
124 Section 8. Section 58-78-401 is enacted to read:
125 Part 4. License Denial and Discipline
126 58-78-401. Grounds for denial of license -- Disciplinary proceedings.
127 Grounds for refusing to issue a license to an applicant, for refusing to renew the license
128 of a licensee, for revoking, suspending, restricting, or placing on probation the license of a
129 licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and
130 desist order shall be in accordance with Section 58-1-401 .
131 Section 9. Section 58-78-501 is enacted to read:
132 Part 5. Unlawful and Unprofessional Conduct
133 58-78-501. Unlawful conduct.
134 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501 , using
135 the title "anesthesiologist assistant" or any other title or designation tending to indicate that the
136 person is an anesthesiologist assistant unless that person has a current license as an
137 anesthesiologist assistant issued under this chapter.
138 Section 10. Section 58-78-502 is enacted to read:
139 58-78-502. Unprofessional conduct.
140 "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501 and
141 as may be further defined by rule:
142 (1) engaging in any act or practice in a professional capacity which the licensee is not
143 competent to perform through training or experience;
144 (2) failing to refer a client to other competent professionals when the licensee is unable
145 or unwilling to adequately support or serve the client;
146 (3) failing to maintain the confidentiality of any information received from a client,
147 unless released by the client or otherwise authorized or required by law; and
148 (4) exploiting a client for personal advantage, profit, or interest.

Legislative Review Note
as of 2-18-08 10:33 AM

Office of Legislative Research and General Counsel