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This document includes House Committee Amendments incorporated into the bill on Mon, Mar 4, 2013 at 2:32 PM by lerror. --> 1
7 LONG TITLE
8 General Description:
9 This bill creates a new licensing chapter in the Division of Occupational and
10 Professional Licensing for Anesthesiologist Assistants.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . puts anesthesiologist assistants under supervision of the Physician Assistant
15 Licensing Board;
16 . requires licensure;
17 . establishes qualifications for licensure;
18 . establishes terms for the license; H. [
19 . defines unlawful and unprofessional conduct H. [
19a . requires the Division of Occupational and Professional Licensing to study and work
19b with the Legislature's Health and Human Services Interim Committee to develop
19c recommendations regarding certain patient consent and notice requirements. .H
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 58-70a-201, as last amended by Laws of Utah 2010, Chapter 37
28 58-70b-101, Utah Code Annotated 1953
29 58-70b-102, Utah Code Annotated 1953
30 58-70b-201, Utah Code Annotated 1953
31 58-70b-301, Utah Code Annotated 1953
32 58-70b-302, Utah Code Annotated 1953
33 58-70b-303, Utah Code Annotated 1953
34 58-70b-401, Utah Code Annotated 1953
35 58-70b-501, Utah Code Annotated 1953
36 58-70b-502, Utah Code Annotated 1953
36a H. Uncodified Material Affected:
36b ENACTS UNCODIFIED MATERIAL .H
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 58-70a-201 is amended to read:
40 58-70a-201. Board.
41 (1) There is created the Physician Assistant Licensing Board, which consists of seven
43 (a) three licensed physicians, at least two of whom are individuals who are supervising
44 or who have supervised a physician assistant;
45 (b) three physician assistants, one of whom is involved in the administration of an
46 approved physician assistant education program within the state; and
47 (c) one person from the general public.
48 (2) The board shall be appointed and serve in accordance with Section 58-1-201 .
49 (3) The duties and responsibilities of the board are:
50 (a) in accordance with Sections 58-1-202 and 58-1-203 [
51 (b) in accordance with Section 58-70b-201 , and this Subsection (3), to function as the
52 board for individual's licensed under Chapter 70b, Anesthesiologist Assistant Licensing Act;
54 (c) to designate one of its members on a permanent or rotating basis to:
56 unprofessional conduct of a licensee; and
58 (4) A board member who has, under Subsection (3)(c), reviewed a complaint or
59 advised in its investigation may be disqualified from participating with the board when the
60 board serves as a presiding officer in an adjudicative proceeding concerning the complaint.
61 The board member may be disqualified:
62 (a) on the member's own motion, due to actual or perceived bias or lack of objectivity;
64 (b) upon challenge for cause raised on the record by any party to the adjudicative
66 Section 2. Section 58-70b-101 is enacted to read:
69 58-70b-101. Title.
70 This chapter is known as the "Anesthesiologist Assistant Licensing Act."
71 Section 3. Section 58-70b-102 is enacted to read:
72 58-70b-102. Definitions.
73 In addition to the definitions in Section 58-1-102 , as used in this chapter:
74 (1) "Anesthesiologist assistant" means an allied health graduate of an accredited
75 anesthesiologist assistant program.
76 (2) "Board" means the Physician Assistant Licensing Board created in Section
77 58-70a-201 .
78 (3) (a) "Practice of anesthesiologist assistant" means assisting a supervising
79 anesthesiologist with health care services delegated to the anesthesiologist assistant by the
80 supervising anesthesiologist in accordance with the acceptable medical practice and the
81 American Society of Anesthesiologists' guidance for best practice of anesthesia in a care team
83 (b) The practice of anesthesiologist assistant is limited to performing the practice of
84 anesthesiologist assistant as described in Subsection (3)(a):
85 (i) under the supervision of a physician, as defined in Subsection (4), who:
86 (A) is licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
87 Osteopathic Medical Practice Act; and
88 (B) has completed a residency program in anesthesiology; and
89 (ii) as may be further limited by administrative rule adopted by the division in
90 consultation with the board.
91 (4) "Supervision" means a supervising anesthesiologist is immediately available in
92 physical proximity that allows the anesthesiologist to return and re-establish direct contact with
93 the patient to meet the medical needs and address any urgent or emergent clinical problems.
94 (5) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-70b-501 .
95 (6) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-70b-502 and as
96 may be further defined by administrative rule adopted by the division in accordance with Title
97 63G, Chapter 3, Utah Administrative Rulemaking Act.
98 Section 4. Section 58-70b-201 is enacted to read:
100 58-70b-201. Board.
101 Anesthesiologist Assistants will be regulated by the Physician Assistant Licensing
102 Board created in Section 58-70a-201 .
103 Section 5. Section 58-70b-301 is enacted to read:
105 58-70b-301. Licensure required -- Issuance of licenses -- Effect on insurers.
106 (1) Beginning January 1, 2014, and except as provided in Section 58-1-307 , a license is
107 required to engage in the practice of anesthesiologist assistant.
108 (2) The division shall issue to any person who qualifies under this chapter a license to
109 practice as an anesthesiologist assistant.
110 (3) Nothing in this chapter shall be construed to require payment from insurers for
111 anesthesiologist assistant services.
112 Section 6. Section 58-70b-302 is enacted to read:
113 58-70b-302. Qualifications for licensure -- Temporary license.
114 (1) Except as provided in Subsection (2), each applicant for licensure as an
115 anesthesiologist assistant under this chapter shall:
116 (a) submit an application in a form prescribed by the division;
117 (b) pay a fee determined by the department under Section 63-38-3.2 ;
118 (c) be of good moral character;
119 (d) provide satisfactory documentation of having graduated from a program certified by
120 the Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its
121 successor organization;
122 (e) within 12 months of completing the training under Subsection (1)(d), pass the
123 certification exam offered by the National Commission for Certification of Anesthesiologist
124 Assistants (NCCAA); and
125 (f) be certified by the NCCAA at the time of the application and throughout the term of
126 the license.
127 (2) The division may issue a temporary license, in accordance with Section 58-1-303
128 and any other conditions established by rule, to an applicant who meets all of the requirements
129 for licensure except the examination requirement of Subsection (1)(e).
130 Section 7. Section 58-70b-303 is enacted to read:
131 58-70b-303. Term of license -- Expiration -- Renewal.
132 (1) The division shall issue each license under this chapter in accordance with a
133 two-year renewal cycle established by rule. The division may by rule extend or shorten a
134 renewal cycle by as much as one year to stagger the renewal cycles it administers.
135 (2) Each licensee shall, at the time of applying for renewal, demonstrate compliance
136 with continuing education requirements established by rule by the division in collaboration
137 with the board.
138 (3) Each license automatically expires on the expiration date shown on the license
139 unless the licensee renews it in accordance with Section 58-1-308 .
140 Section 8. Section 58-70b-401 is enacted to read:
142 58-70b-401. Grounds for denial of license -- Disciplinary proceedings.
143 Grounds for refusing to issue a license to an applicant, for refusing to renew the license
144 of a licensee, for revoking, suspending, restricting, or placing on probation the license of a
145 licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and
146 desist order shall be in accordance with Section 58-1-401 .
147 Section 9. Section 58-70b-501 is enacted to read:
149 58-70b-501. Unlawful conduct.
150 "Unlawful conduct" includes, in addition to the definition in Section 58-1-501 :
151 (1) using the title "anesthesiologist assistant" or any other title or designation tending to
152 indicate that the person is an anesthesiologist assistant unless that person has a current license
153 as an anesthesiologist assistant issued under this chapter; or
154 (2) engaging in the practice of anesthesiologist assistant without the supervision of an
155 anesthesiologist as required by Subsection 58-70b-102 (3)(b).
156 Section 10. Section 58-70b-502 is enacted to read:
157 58-70b-502. Unprofessional conduct.
158 "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501 and
159 as may be further defined by rule:
160 (1) engaging in any act or practice in a professional capacity which the licensee is not
161 competent to perform through training or experience;
162 (2) failing to refer a client to other competent professionals when the licensee is unable
163 or unwilling to adequately support or serve the client;
164 (3) failing to maintain the confidentiality of any information received from a client,
165 unless released by the client or otherwise authorized or required by law; and
166 (4) exploiting a client for personal advantage, profit, or interest.
166a H. Section 11. Division of Occupational and Professional Licensing Study.
166b The Division of Occupational and Professional Licensing shall consult the professional
166c boards for health care providers licensed under Title 58, Chapters 31b, Nurse Practice Act,
166d and 70b, Anesthesiologist Assistant Licensing Act , and physicians described in
166e Section 58-70b-102(3), to work with the Legislative Health and Human Services Interim
166f Committee to study and make a recommendation on or before November 15, 2015:
166g (1) that identify anesthesia procedures that:
166h (a) may be performed by an individual licensed under Title 58, Chapters 31b, Nurse
166i Practice Act or 70b, Anesthesiologist Assistant Licensing Act; and
166j (b) involve significant risk to a patient; and
166k (2) recommend whether a patient should:
166l (a) be informed of the level of training of, or the type of license held by the provider
166m who will perform the procedure; and
166n (b) be required to consent to the type of provider who will perform the procedure. .H
Legislative Review Note
as of 1-30-13 11:27 AM