1     
ADMINISTRATION OF ANESTHESIA AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael S. Kennedy

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends professional licensing acts in the Division of Occupational and
10     Professional Licensing Act to require increased monitoring, in certain circumstances,
11     of patients who are sedated.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires the Division of Occupational and Professional Licensing to:
15               •     create a database of adverse events from the administration of sedation or
16     general anesthesia in outpatient settings; and
17               •     publish a report regarding the number of adverse events by types of provider and
18     facility;
19          ▸     defines terms;
20          ▸     prohibits certain health care providers from administering sedation or general
21     anesthesia and performing therapeutic or diagnostic procedures on a patient without
22     another qualified health care provider present to monitor the patient's anesthesia
23     care;
24          ▸     prohibits a nurse, who is not a certified registered nurse anesthetist, from
25     administering deep sedation or general anesthesia to a patient unless:
26               •     the nurse has a medical order for the deep sedation or general anesthesia; and
27               •     the patient is intubated and in an intensive care unit of a general acute hospital;

28     and
29          ▸     requires a professional who administers sedation to have access to a crash cart
30     during a sedation procedure.
31     Money Appropriated in this Bill:
32          None
33     Other Special Clauses:
34          None
35     Utah Code Sections Affected:
36     AMENDS:
37          58-5a-102, as last amended by Laws of Utah 2015, Chapter 230
38          58-31b-501, as last amended by Laws of Utah 2006, Chapter 291
39          58-67-501, as last amended by Laws of Utah 2015, Chapter 110
40          58-68-501, as last amended by Laws of Utah 2015, Chapter 110
41          58-69-501, as last amended by Laws of Utah 2015, Chapter 343
42     ENACTS:
43          58-1-112, Utah Code Annotated 1953
44          58-5a-308, Utah Code Annotated 1953
45          58-31b-804, Utah Code Annotated 1953
46          58-67-807, Utah Code Annotated 1953
47          58-68-807, Utah Code Annotated 1953
48          58-69-807, Utah Code Annotated 1953
49     

50     Be it enacted by the Legislature of the state of Utah:
51          Section 1. Section 58-1-112 is enacted to read:
52          58-1-112. Reports of anesthesia adverse events.
53          (1) (a) Beginning January 1, 2018, the division shall create a database of deaths and
54     adverse events from the administration of sedation or general anesthesia in outpatient settings
55     in the state.
56          (b) The database required by Subsection (1)(a) shall include reports submitted by
57     licensees under Sections 58-5a-307, 58-31b-804, 58-67-807, 58-68-807, and 58-69-807.
58          (2) The division may adopt administrative rules under Title 63G, Chapter 3, Utah

59     Administrative Rulemaking Act, regarding:
60          (a) the format of the reports; and
61          (b) what constitutes a reportable adverse event, which shall include at least a sedation
62     when there is:
63          (i) an escalation of care required for the patient; or
64          (ii) a rescue of a patient from a deeper level of sedation than was intended.
65          (3) (a) Information the division receives under this section that identifies a particular
66     individual is subject to Title 63G, Chapter 2, Government Records Access and Management
67     Act, and the federal Health Insurance Portability and Accountability Act of 1996.
68          (b) Beginning July 1, 2018, and on or before July 1 of each year thereafter, the division
69     shall publicly report:
70          (i) the number of deaths and adverse events under Subsection (1);
71          (ii) the type of providers, by license category and specialty, who submitted reports
72     under Subsection (1); and
73          (iii) the type of facility in which the death or adverse event took place.
74          Section 2. Section 58-5a-102 is amended to read:
75          58-5a-102. Definitions.
76          In addition to the definitions under Section 58-1-102, as used in this chapter:
77          (1) "Board" means the Podiatric Physician Board created in Section 58-5a-201.
78          (2) "Indirect supervision" means the same as that term is defined by the division by
79     rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
80          (3) "Medical assistant" means an unlicensed individual working under the indirect
81     supervision of a licensed podiatric physician and engaging in specific tasks assigned by the
82     licensed podiatric physician in accordance with the standards and ethics of the podiatry
83     profession.
84          (4) "Practice of podiatry" means the diagnosis and treatment of conditions affecting the
85     human foot and ankle and their manifestations of systemic conditions by all appropriate and
86     lawful means, subject to Section 58-5a-103.
87          (5) "Unlawful conduct" includes:
88          (a) the conduct that constitutes unlawful conduct under Section 58-1-501; and
89          (b) for an individual who is not licensed under this chapter:

90          (i) using the title or name podiatric physician, podiatrist, podiatric surgeon, foot doctor,
91     foot specialist, or D.P.M.; or
92          (ii) implying or representing that the individual is qualified to practice podiatry.
93          (6) "Unprofessional conduct" includes, for an individual licensed under this chapter:
94          (a) the conduct that constitutes unprofessional conduct under Section 58-1-501;
95          (b) communicating to a third party, without the consent of the patient, information the
96     individual acquires in treating the patient, except as necessary for professional consultation
97     regarding treatment of the patient;
98          (c) allowing the individual's name or license to be used by an individual who is not
99     licensed to practice podiatry under this chapter;
100          (d) except as described in Section 58-5a-306, employing, directly or indirectly, any
101     unlicensed individual to practice podiatry;
102          (e) using alcohol or drugs, to the extent the individual's use of alcohol or drugs impairs
103     the individual's ability to practice podiatry;
104          (f) unlawfully prescribing, selling, or giving away any prescription drug, including
105     controlled substances, as defined in Section 58-37-2;
106          (g) gross incompetency in the practice of podiatry;
107          (h) willfully and intentionally making a false statement or entry in hospital records,
108     medical records, or reports;
109          (i) willfully making a false statement in reports or claim forms to governmental
110     agencies or insurance companies with the intent to secure payment not rightfully due;
111          (j) willfully using false or fraudulent advertising; [and]
112          (k) conduct the division defines as unprofessional conduct by rule made in accordance
113     with Title 63G, Chapter 3, Utah Administrative Rulemaking Act[.]; and
114          (l) administering sedation or general anesthesia in violation of Section 58-5a-308.
115          Section 3. Section 58-5a-308 is enacted to read:
116          58-5a-308. Anesthesia practice standards.
117          (1) For purposes of this section:
118          (a) (i) "Deep sedation" means a pharmacological induced depression of consciousness
119     during which:
120          (A) the patient cannot easily be aroused, but will respond purposefully, other than a

121     reflex withdrawal response, to repeated or painful stimulation;
122          (B) the patient's ability to independently maintain ventilatory function may be impaired
123     or spontaneous ventilation may be inadequate, and the patient may require assistance to
124     maintain an airway; and
125          (C) the patient's cardiovascular function is maintained.
126          (ii) "Deep sedation" includes administering a drug classified as a general anesthetic
127     under Subsection 58-31b-804(1)(a).
128          (b) "General anesthesia" means a pharmacological induced loss of consciousness
129     during which:
130          (i) the patient cannot be aroused, even with painful stimulation;
131          (ii) the patient's ability to independently maintain ventilatory function may be
132     impaired;
133          (iii) spontaneous ventilation may be inadequate;
134          (iv) the patient may require positive pressure ventilation assistance to maintain an
135     airway because of depressed spontaneous ventilation or pharmacological induced depression of
136     neuromuscular function; and
137          (v) the patient's cardiovascular function may be impaired.
138          (c) "Minimal sedation" means a pharmacological induced state of consciousness during
139     which:
140          (i) the patient responds normally to verbal commands;
141          (ii) the patient's cognitive function and physical coordination may be impaired; and
142          (iii) airway reflexes, ventilatory function, and cardiovascular function are not impaired.
143          (d) "Moderate sedation" means a pharmacological induced depression of consciousness
144     during which a patient responds purposefully to verbal commands, either alone or accompanied
145     by light tactile stimulation, and during which no interventions are required to maintain an
146     airway.
147          (2) (a) A podiatric physician licensed under this chapter may not administer deep
148     sedation or general anesthesia to a patient and perform a diagnostic or therapeutic procedure on
149     the patient while the patient is under deep sedation or general anesthesia, unless the podiatric
150     physician has one of the following present during the procedure for the sole purpose of
151     monitoring and managing the sedation care of the patient:

152          (i) another podiatric physician;
153          (ii) a physician licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68,
154     Utah Osteopathic Medical Practice Act;
155          (iii) a dentist licensed under Chapter 69, Dentist and Dental Hygienist Practice Act:
156          (A) who holds a current permit issued by the division authorizing the dentist to
157     administer the type of anesthesia administered to the patient; and
158          (B) if the procedure for which the sedation is administered is within the scope of
159     practice for the dentist; or
160          (iv) a certified registered nurse anesthetist licensed as a certified registered nurse
161     anesthetist under Chapter 31b, Nurse Practice Act.
162          (b) A podiatric physician, licensed under this chapter, may not administer moderate
163     sedation or minimal sedation to a patient intravenously and perform a diagnostic or therapeutic
164     procedure on the patient while the patient is under moderate or minimal sedation, unless the
165     podiatric physician has one of the practitioners listed in Subsection (2)(a), or a nurse licensed
166     under Chapter 31b, Nurse Practice Act, present during the procedure for the sole purpose of
167     monitoring and managing the sedation care of the patient.
168          (3) A licensed podiatric physician under this chapter may not administer intravenous
169     sedation to a patient without having access during the procedure to an advanced cardiac life
170     support crash cart with equipment that is regularly maintained according to guidelines
171     established by the American Hospital Association.
172          (4) Beginning January 1, 2018, a podiatric physician shall report to the division any
173     deaths or adverse events from the administration of sedation or general anesthesia in an
174     outpatient setting. The report shall be submitted to the division in accordance with Section
175     58-1-112.
176          Section 4. Section 58-31b-501 is amended to read:
177          58-31b-501. Unlawful conduct.
178          "Unlawful conduct" includes:
179          (1) using the following titles, names or initials, if the user is not properly licensed or
180     certified under this chapter:
181          (a) nurse;
182          (b) licensed practical nurse, practical nurse, or L.P.N.;

183          (c) medication aide certified, or M.A.C.;
184          (d) registered nurse or R.N.;
185          (e) registered nurse practitioner, N.P., or R.N.P.;
186          (f) registered nurse specialist, N.S., or R.N.S.;
187          (g) registered psychiatric mental health nurse specialist;
188          (h) advanced practice registered nurse;
189          (i) nurse anesthetist, certified nurse anesthetist, certified registered nurse anesthetist, or
190     C.R.N.A.; or
191          (j) other generally recognized names or titles used in the profession of nursing;
192          (2) (a) using any other name, title, or initials that would cause a reasonable person to
193     believe the user is licensed or certified under this chapter if the user is not properly licensed or
194     certified under this chapter; and
195          (b) for purposes of Subsection (2)(a), it is unlawful conduct for a medication aide
196     certified to use the term "nurse"; [and]
197          (3) conducting a nursing education program in the state for the purpose of qualifying
198     individuals to meet requirements for licensure under this chapter without the program having
199     been approved under Section 58-31b-601[.]; and
200          (4) administering sedation or general anesthesia in violation of Section 58-31b-804.
201          Section 5. Section 58-31b-804 is enacted to read:
202          58-31b-804. Anesthesia practice standards.
203          (1) For purposes of this section:
204          (a) (i) "Deep sedation" means a pharmacological induced depression of consciousness
205     during which:
206          (A) the patient cannot easily be aroused, but will respond purposefully, other than a
207     reflex withdrawal response, to repeated or painful stimulation;
208          (B) the patient's ability to independently maintain ventilatory function may be impaired
209     or spontaneous ventilation may be inadequate, and the patient may require assistance to
210     maintain an airway; and
211          (C) the patient's cardiovascular function is maintained.
212          (ii) "Deep sedation" includes administering to a patient a drug classified by the
213     division, by administrative rule, as a general anesthetic, such as propofol, ketamine, etomidate,

214     pentathol, brevital, and fospropofol.
215          (b) "General anesthesia" means a pharmacological induced loss of consciousness
216     during which:
217          (i) the patient cannot be aroused, even with painful stimulation;
218          (ii) the patient's ability to independently maintain ventilatory function may be
219     impaired;
220          (iii) spontaneous ventilation may be inadequate;
221          (iv) the patient may require positive pressure ventilation assistance to maintain an
222     airway because of depressed spontaneous ventilation or pharmacological induced depression of
223     neuromuscular function; and
224          (v) the patient's cardiovascular function may be impaired.
225          (c) "Minimal sedation" means a pharmacological induced state of consciousness during
226     which:
227          (i) the patient responds normally to verbal commands;
228          (ii) the patient's cognitive function and physical coordination may be impaired; and
229          (iii) airway reflexes, ventilatory function and cardiovascular function are not impaired.
230          (d) "Moderate sedation" means a pharmacological induced depression of consciousness
231     during which a patient responds purposefully to verbal commands, either alone or accompanied
232     by light tactile stimulation, and during which no interventions are required to maintain an
233     airway.
234          (2) (a) A nurse licensed under this chapter may not administer deep sedation or general
235     anesthesia unless:
236          (i) the nurse is a certified registered nurse anesthetist administering anesthesia within
237     the scope of practice of a certified registered nurse anesthetist; or
238          (ii) the nurse is administering the deep sedation or general anesthesia under medical
239     orders, to a patient who is intubated and in the intensive care unit of a general acute hospital.
240          (b) A nurse licensed under this chapter may administer moderate sedation or minimal
241     sedation:
242          (i) if the administration of the sedation is otherwise within the scope of practice for the
243     nurse; and
244          (ii) if the sedation is administered intravenously, if the nurse is present during the

245     procedure for the sole purpose of monitoring the sedation care of the patient.
246          (3) A licensed nurse under this chapter may not administer intravenous sedation to a
247     patient without having access during the procedure to an advanced cardiac life support crash
248     cart with equipment that is regularly maintained according to guidelines established by the
249     American Hospital Association.
250          (4) The division shall, with the advice of the board, designate the drugs that should be
251     classified as general anesthesia drugs under Subsection (1)(a)(ii).
252          Section 6. Section 58-67-501 is amended to read:
253          58-67-501. Unlawful conduct.
254          (1) "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
255          (a) buying, selling, or fraudulently obtaining, any medical diploma, license, certificate,
256     or registration;
257          (b) aiding or abetting the buying, selling, or fraudulently obtaining of any medical
258     diploma, license, certificate, or registration;
259          (c) substantially interfering with a licensee's lawful and competent practice of medicine
260     in accordance with this chapter by:
261          (i) any person or entity that manages, owns, operates, or conducts a business having a
262     direct or indirect financial interest in the licensee's professional practice; or
263          (ii) anyone other than another physician licensed under this title, who is engaged in
264     direct clinical care or consultation with the licensee in accordance with the standards and ethics
265     of the profession of medicine; [or]
266          (d) entering into a contract that limits a licensee's ability to advise the licensee's
267     patients fully about treatment options or other issues that affect the health care of the licensee's
268     patients[.]; or
269          (e) administering anesthesia in the practice of medicine in violation of Section
270     58-67-807.
271          (2) "Unlawful conduct" does not include:
272          (a) establishing, administering, or enforcing the provisions of a policy of accident and
273     health insurance by an insurer doing business in this state in accordance with Title 31A,
274     Insurance Code;
275          (b) adopting, implementing, or enforcing utilization management standards related to

276     payment for a licensee's services, provided that:
277          (i) utilization management standards adopted, implemented, and enforced by the payer
278     have been approved by a physician or by a committee that contains one or more physicians; and
279          (ii) the utilization management standards does not preclude a licensee from exercising
280     independent professional judgment on behalf of the licensee's patients in a manner that is
281     independent of payment considerations;
282          (c) developing and implementing clinical practice standards that are intended to reduce
283     morbidity and mortality or developing and implementing other medical or surgical practice
284     standards related to the standardization of effective health care practices, provided that:
285          (i) the practice standards and recommendations have been approved by a physician or
286     by a committee that contains one or more physicians; and
287          (ii) the practice standards do not preclude a licensee from exercising independent
288     professional judgment on behalf of the licensee's patients in a manner that is independent of
289     payment considerations;
290          (d) requesting or recommending that a patient obtain a second opinion from a licensee;
291          (e) conducting peer review, quality evaluation, quality improvement, risk management,
292     or similar activities designed to identify and address practice deficiencies with health care
293     providers, health care facilities, or the delivery of health care;
294          (f) providing employment supervision or adopting employment requirements that do
295     not interfere with the licensee's ability to exercise independent professional judgment on behalf
296     of the licensee's patients, provided that employment requirements that may not be considered to
297     interfere with an employed licensee's exercise of independent professional judgment include:
298          (i) an employment requirement that restricts the licensee's access to patients with
299     whom the licensee's employer does not have a contractual relationship, either directly or
300     through contracts with one or more third-party payers; or
301          (ii) providing compensation incentives that are not related to the treatment of any
302     particular patient;
303          (g) providing benefit coverage information, giving advice, or expressing opinions to a
304     patient or to a family member of a patient to assist the patient or family member in making a
305     decision about health care that has been recommended by a licensee;
306          (h) in compliance with Section 58-85-103:

307          (i) obtaining an investigational drug or investigational device;
308          (ii) administering the investigational drug to an eligible patient; or
309          (iii) treating an eligible patient with the investigational drug or investigational device;
310     or
311          (i) any otherwise lawful conduct that does not substantially interfere with the licensee's
312     ability to exercise independent professional judgment on behalf of the licensee's patients and
313     that does not constitute the practice of medicine as defined in this chapter.
314          Section 7. Section 58-67-807 is enacted to read:
315          58-67-807. Anesthesia practice standards.
316          (1) For purposes of this section:
317          (a) (i) "Deep sedation" means a pharmacological induced depression of consciousness
318     during which:
319          (A) the patient cannot easily be aroused, but will respond purposefully, other than a
320     reflex withdrawal response, to repeated or painful stimulation;
321          (B) the patient's ability to independently maintain ventilatory function may be impaired
322     or spontaneous ventilation may be inadequate, and the patient may require assistance to
323     maintain an airway; and
324          (C) the patient's cardiovascular function is maintained.
325          (ii) "Deep sedation" includes administering a drug classified as a general anesthetic
326     under Subsection 58-31b-804(1)(a).
327          (b) "General anesthesia" means a pharmacological induced loss of consciousness
328     during which:
329          (i) the patient cannot be aroused, even with painful stimulation;
330          (ii) the patient's ability to independently maintain ventilatory function may be
331     impaired;
332          (iii) spontaneous ventilation may be inadequate;
333          (iv) the patient may require positive pressure ventilation assistance to maintain an
334     airway because of depressed spontaneous ventilation or pharmacological induced depression of
335     neuromuscular function; and
336          (v) the patient's cardiovascular function may be impaired.
337          (c) "Minimal sedation" means a pharmacological induced state of consciousness during

338     which:
339          (i) the patient responds normally to verbal commands;
340          (ii) the patient's cognitive function and physical coordination may be impaired; and
341          (iii) airway reflexes, ventilatory function, and cardiovascular function are not impaired.
342          (d) "Moderate sedation" means a pharmacological induced depression of consciousness
343     during which a patient responds purposefully to verbal commands, either alone or accompanied
344     by light tactile stimulation, and during which no interventions are required to maintain an
345     airway.
346          (2) (a) A physician licensed under this chapter may not administer deep sedation or
347     general anesthesia to a patient and perform a diagnostic or therapeutic procedure on the patient
348     while the patient is under deep sedation or general anesthesia, unless the physician has one of
349     the following present during the procedure for the sole purpose of monitoring and managing
350     the sedation care of the patient:
351          (i) another physician licensed under this chapter, or Chapter 68, Utah Osteopathic
352     Medical Practice Act;
353          (ii) a dentist licensed under Chapter 69, Dentist and Dental Hygienist Practice Act:
354          (A) who holds a current permit issued by the division authorizing the dentist to
355     administer the type of anesthesia administered to the patient; and
356          (B) if the procedure for which the sedation is administered is within the scope of
357     practice for the dentist; or
358          (iii) a certified registered nurse anesthetist licensed as a certified registered nurse
359     anesthetist under Chapter 31b, Nurse Practice Act.
360          (b) A physician licensed under this chapter may not administer moderate sedation or
361     minimal sedation to a patient intravenously and perform a diagnostic or therapeutic procedure
362     on the patient while the patient is under moderate or minimal sedation, unless the physician has
363     one of the practitioners listed in Subsection (2)(a), or a nurse licensed under Chapter 31b,
364     Nurse Practice Act, present during the procedure for the sole purpose of monitoring and
365     managing the sedation care of the patient.
366          (3) A licensed physician under this chapter may not administer intravenous sedation to
367     a patient without having access during the procedure to an advanced cardiac life support crash
368     cart with equipment that is regularly maintained according to guidelines established by the

369     American Hospital Association.
370          (4) Beginning January 1, 2018, a physician shall report to the division any deaths or
371     adverse events from the administration of sedation or general anesthesia in an outpatient
372     setting. The report shall be submitted to the division in accordance with Section 58-1-112.
373          Section 8. Section 58-68-501 is amended to read:
374          58-68-501. Unlawful conduct.
375          (1) "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
376          (a) buying, selling, or fraudulently obtaining any osteopathic medical diploma, license,
377     certificate, or registration; and
378          (b) aiding or abetting the buying, selling, or fraudulently obtaining of any osteopathic
379     medical diploma, license, certificate, or registration;
380          (c) substantially interfering with a licensee's lawful and competent practice of medicine
381     in accordance with this chapter by:
382          (i) any person or entity that manages, owns, operates, or conducts a business having a
383     direct or indirect financial interest in the licensee's professional practice; or
384          (ii) anyone other than another physician licensed under this title, who is engaged in
385     direct clinical care or consultation with the licensee in accordance with the standards and ethics
386     of the profession of medicine; [or]
387          (d) entering into a contract that limits a licensee's ability to advise the licensee's
388     patients fully about treatment options or other issues that affect the health care of the licensee's
389     patients[.]; or
390          (e) administering anesthesia in the practice of medicine in violation of Section
391     58-68-807.
392          (2) "Unlawful conduct" does not include:
393          (a) establishing, administering, or enforcing the provisions of a policy of accident and
394     health insurance by an insurer doing business in this state in accordance with Title 31A,
395     Insurance Code;
396          (b) adopting, implementing, or enforcing utilization management standards related to
397     payment for a licensee's services, provided that:
398          (i) utilization management standards adopted, implemented, and enforced by the payer
399     have been approved by a physician or by a committee that contains one or more physicians; and

400          (ii) the utilization management standards does not preclude a licensee from exercising
401     independent professional judgment on behalf of the licensee's patients in a manner that is
402     independent of payment considerations;
403          (c) developing and implementing clinical practice standards that are intended to reduce
404     morbidity and mortality or developing and implementing other medical or surgical practice
405     standards related to the standardization of effective health care practices, provided that:
406          (i) the practice standards and recommendations have been approved by a physician or
407     by a committee that contains one or more physicians; and
408          (ii) the practice standards do not preclude a licensee from exercising independent
409     professional judgment on behalf of the licensee's patients in a manner that is independent of
410     payment considerations;
411          (d) requesting or recommending that a patient obtain a second opinion from a licensee;
412          (e) conducting peer review, quality evaluation, quality improvement, risk management,
413     or similar activities designed to identify and address practice deficiencies with health care
414     providers, health care facilities, or the delivery of health care;
415          (f) providing employment supervision or adopting employment requirements that do
416     not interfere with the licensee's ability to exercise independent professional judgment on behalf
417     of the licensee's patients, provided that employment requirements that may not be considered to
418     interfere with an employed licensee's exercise of independent professional judgment include:
419          (i) an employment requirement that restricts the licensee's access to patients with
420     whom the licensee's employer does not have a contractual relationship, either directly or
421     through contracts with one or more third-party payers; or
422          (ii) providing compensation incentives that are not related to the treatment of any
423     particular patient;
424          (g) providing benefit coverage information, giving advice, or expressing opinions to a
425     patient or to a family member of a patient to assist the patient or family member in making a
426     decision about health care that has been recommended by a licensee;
427          (h) in compliance with Section 58-85-103:
428          (i) obtaining an investigational drug or investigational device;
429          (ii) administering the investigational drug to an eligible patient; or
430          (iii) treating an eligible patient with the investigational drug or investigational device;

431     or
432          (i) any otherwise lawful conduct that does not substantially interfere with the licensee's
433     ability to exercise independent professional judgment on behalf of the licensee's patients and
434     that does not constitute the practice of medicine as defined in this chapter.
435          Section 9. Section 58-68-807 is enacted to read:
436          58-68-807. Anesthesia practice standards.
437          (1) For purposes of this section:
438          (a) (i) "Deep sedation" means a pharmacological induced depression of consciousness
439     during which:
440          (A) the patient cannot easily be aroused, but will respond purposefully, other than a
441     reflex withdrawal response, to repeated or painful stimulation;
442          (B) the patient's ability to independently maintain ventilatory function may be impaired
443     or spontaneous ventilation may be inadequate, and the patient may require assistance to
444     maintain an airway; and
445          (C) the patient's cardiovascular function is maintained.
446          (ii) "Deep sedation" includes administering a drug classified as a general anesthetic
447     under Subsection 58-31b-804(1)(a).
448          (b) "General anesthesia" means a pharmacological induced loss of consciousness
449     during which:
450          (i) the patient cannot be aroused, even with painful stimulation;
451          (ii) the patient's ability to independently maintain ventilatory function may be
452     impaired;
453          (iii) spontaneous ventilation may be inadequate;
454          (iv) the patient may require positive pressure ventilation assistance to maintain an
455     airway because of depressed spontaneous ventilation or pharmacological induced depression of
456     neuromuscular function; and
457          (v) the patient's cardiovascular function may be impaired.
458          (c) "Minimal sedation" means a pharmacological induced state of consciousness during
459     which:
460          (i) the patient responds normally to verbal commands;
461          (ii) the patient's cognitive function and physical coordination may be impaired; and

462          (iii) airway reflexes, ventilatory function, and cardiovascular function are not impaired.
463          (d) "Moderate sedation" means a pharmacological induced depression of consciousness
464     during which a patient responds purposefully to verbal commands, either alone or accompanied
465     by light tactile stimulation, and during which no interventions are required to maintain an
466     airway.
467          (2) (a) A physician licensed under this chapter may not administer deep sedation or
468     general anesthesia to a patient and perform a diagnostic or therapeutic procedure on the patient
469     while the patient is under deep sedation or general anesthesia, unless the physician has one of
470     the following present during the procedure for the sole purpose of monitoring and managing
471     the sedation care of the patient:
472          (i) another physician licensed under this chapter or Chapter 67, Utah Medical Practice
473     Act;
474          (ii) a dentist licensed under Chapter 69, Dentist and Dental Hygienist Practice Act:
475          (A) who holds a current permit issued by the division authorizing the dentist to
476     administer the type of anesthesia administered to the patient; and
477          (B) if the procedure for which the sedation is administered is within the scope of
478     practice for the dentist; and
479          (iii) a certified registered nurse anesthetist licensed as a certified registered nurse
480     anesthetist under Chapter 31b, Nurse Practice Act.
481          (b) A physician licensed under this chapter may not administer moderate sedation or
482     minimal sedation to a patient intravenously and perform a diagnostic or therapeutic procedure
483     on the patient while the patient is under moderate or minimal sedation, unless the physician has
484     one of the practitioners listed in Subsection (2)(a), or a nurse licensed under Chapter 31b,
485     Nurse Practice Act, present during the procedure for the sole purpose of monitoring and
486     managing the sedation care of the patient.
487          (3) A licensed physician under this chapter may not administer intravenous sedation to
488     a patient without having access during the procedure to an advanced cardiac life support crash
489     cart with equipment that is regularly maintained according to guidelines established by the
490     American Hospital Association.
491          (4) Beginning January 1, 2018, an osteopathic physician shall report to the division any
492     deaths or adverse events from the administration of sedation or general anesthesia in an

493     outpatient setting. The report shall be submitted to the division in accordance with Section
494     58-1-112.
495          Section 10. Section 58-69-501 is amended to read:
496          58-69-501. Unlawful conduct.
497          "Unlawful conduct" includes, in addition to the definition in Section 58-1-501:
498          (1) administering anesthesia or analgesia in the practice of dentistry or dental hygiene
499     if:
500          (a) the individual does not hold a current permit issued by the division authorizing that
501     individual to administer the type of anesthesia or analgesia used; or
502          (b) the individual administers anesthesia in violation of Section 58-69-807;
503          (2) practice of dental hygiene by a licensed dental hygienist when not under the
504     supervision of a dentist, or under a written agreement with a dentist who is licensed under this
505     chapter and who is a Utah resident, in accordance with the provisions of this chapter; or
506          (3) directing or interfering with a licensed dentist's judgment and competent practice of
507     dentistry.
508          Section 11. Section 58-69-807 is enacted to read:
509          58-69-807. Anesthesia practice standards.
510          (1) For purposes of this section:
511          (a) (i) "Deep sedation" means a pharmacological induced depression of consciousness
512     during which:
513          (A) the patient cannot easily be aroused, but will respond purposefully, other than a
514     reflex withdrawal response, to repeated or painful stimulation;
515          (B) the patient's ability to independently maintain ventilatory function may be impaired
516     or spontaneous ventilation may be inadequate, and the patient may require assistance to
517     maintain an airway; and
518          (C) the patient's cardiovascular function is maintained.
519          (ii) "Deep sedation" includes administering a drug classified as a general anesthetic
520     under Subsection 58-31b-804(1)(a).
521          (b) "General anesthesia" means a pharmacological induced loss of consciousness
522     during which:
523          (i) the patient cannot be aroused, even with painful stimulation;

524          (ii) the patient's ability to independently maintain ventilatory function may be
525     impaired;
526          (iii) spontaneous ventilation may be inadequate;
527          (iv) the patient may require positive pressure ventilation assistance to maintain an
528     airway because of depressed spontaneous ventilation or pharmacological induced depression of
529     neuromuscular function; and
530          (v) the patient's cardiovascular function may be impaired.
531          (c) "Minimal sedation" means a pharmacological induced state of consciousness during
532     which:
533          (i) the patient responds normally to verbal commands;
534          (ii) the patient's cognitive function and physical coordination may be impaired; and
535          (iii) airway reflexes, ventilatory function, and cardiovascular function are not impaired.
536          (d) "Moderate sedation" means a pharmacological induced depression of consciousness
537     during which a patient responds purposefully to verbal commands, either alone or accompanied
538     by light tactile stimulation, and during which no interventions are required to maintain an
539     airway.
540          (2) (a) A dentist licensed under this chapter may not administer deep sedation or
541     general anesthesia to a patient and perform a diagnostic or therapeutic procedure on the patient
542     while the patient is under deep sedation or general anesthesia, unless the dentist has one of the
543     following present during the procedure for the sole purpose of monitoring and managing the
544     sedation care of the patient:
545          (i) a physician licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68,
546     Utah Osteopathic Medical Practice Act;
547          (ii) another dentist licensed under this chapter who holds a current permit issued by the
548     division authorizing the dentist to administer the type of anesthesia administered to the patient;
549     or
550          (iii) a certified registered nurse anesthetist licensed as a certified registered nurse
551     anesthetist under Chapter 31b, Nurse Practice Act.
552          (b) A dentist licensed under this chapter may not administer moderate sedation or
553     minimal sedation to a patient intravenously and perform a diagnostic or therapeutic procedure
554     on the patient while the patient is under moderate or minimal sedation, unless the dentist has

555     one of the practitioners listed in Subsection (2)(a), or a nurse licensed under Chapter 31b,
556     Nurse Practice Act, present during the procedure for the sole purpose of monitoring and
557     managing the sedation care of the patient.
558          (3) A licensed dentist under this chapter may not administer intravenous sedation to a
559     patient without having access during the procedure to an advanced cardiac life support crash
560     cart with equipment that is regularly maintained according to guidelines established by the
561     American Hospital Association.
562          (4) Beginning January 1, 2018, a dentist shall report to the division any deaths or
563     adverse events from the administration of sedation or general anesthesia in an outpatient
564     setting. The report shall be submitted to the division in accordance with Section 58-1-112.






Legislative Review Note
Office of Legislative Research and General Counsel