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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 informed consent and certain patient monitoring
11 of patients who are sedated and establishes a database for adverse events.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires the Department of Health to:
15 • create a database of adverse events from the administration of sedation or
16 anesthesia in outpatient settings; and
17 • publish a report regarding the number of adverse events by types of provider and
18 facility and submit a yearly report to the Health and Human Services Interim
19 Committee;
20 ▸ requires a health care provider who administers sedation intravenously to a patient
21 in an outpatient setting that is not an emergency department:
22 • to obtain informed consent from the patient; and
23 • to report adverse events from the sedation or anesthesia to the Department of
24 Health;
25 ▸ makes it unprofessional conduct to fail to report an adverse event from outpatient
26 sedation or anesthesia;
27 ▸ provides whistle blower protections to a health care provider who reports an
28 adverse event; and
29 ▸ requires a health care provider who administers sedation or anesthesia intravenously
30 to have access to a crash cart during the anesthesia procedure.
31 Money Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 63I-1-226, as last amended by Laws of Utah 2016, Chapters 89, 170, 279, and 327
38 63I-1-258, as last amended by Laws of Utah 2016, Chapters 89 and 294
39 ENACTS:
40 26-1-40, Utah Code Annotated 1953
41 58-5a-502, Utah Code Annotated 1953
42 58-31b-502.5, Utah Code Annotated 1953
43 58-67-502.5, Utah Code Annotated 1953
44 58-68-502.5, Utah Code Annotated 1953
45 58-69-502.5, Utah Code Annotated 1953
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47 Be it enacted by the Legislature of the state of Utah:
48 Section 1. Section 26-1-40 is enacted to read:
49 26-1-40. Reports of anesthesia adverse events- whistle blower protections.
50 (1) (a) Beginning January 1, 2018, the department shall create a database of deaths and
51 adverse events from the administration of sedation or anesthesia in outpatient settings that are
52 not emergency departments in the state.
53 (b) The database required by Subsection (1)(a) shall include reports submitted by
54 health care providers under Sections 58-5a-102, 58-31b-501, 58-67-501, 58-68-501, and
55 58-69-501.
56 (2) The department shall adopt administrative rules under Title 63G, Chapter 3, Utah
57 Administrative Rulemaking Act, regarding:
58 (a) the format of the reports; and
59 (b) what constitutes a reportable adverse event, which shall include at least the
60 administration of intravenous sedation or anesthesia when there is:
61 (i) an escalation of care required for the patient; or
62 (ii) a rescue of a patient from a deeper level of sedation than was intended.
63 (3) (a) Information the department receives under this section that identifies a
64 particular individual is subject to Title 63G, Chapter 2, Government Records Access and
65 Management Act, and the federal Health Insurance Portability and Accountability Act of 1996.
66 (b) Beginning July 1, 2018, and on or before July 1 of each year thereafter, the
67 department shall:
68 (i) publicly report:
69 (A) the number of deaths and adverse events reported under Subsection (1);
70 (B) the type of health care providers, by license category and specialty, who submitted
71 reports under Subsection (1) and who administered the sedation or anesthesia that resulted in
72 an adverse event; and
73 (C) the type of facility in which the death or adverse event took place; and
74 (ii) submit a report to the Health and Human Services Interim Committee with the
75 information required by this Subsection (3).
76 (4) An employer of a health care provider who submits a report under this section may
77 not take an adverse employment action against the reporting health care provider if the
78 employment action is based on the provider submitting a report under this section.
79 (5) (a) This section sunsets in accordance with Section 63I-1-226.
80 (b) The sunset review of this section shall include an analysis of:
81 (i) the number and types of adverse events reported under this section;
82 (ii) the types of health care providers and locations involved in the adverse events;
83 (iii) the adequacy of sedation and anesthesia requirements in Sections 58-5a-102,
84 58-31b-501, 58-67-501, 58-68-501, and 58-69-501 related to the adverse events reported under
85 this section; and
86 (iv) the adequacy of the reporting requirements under this section and the need for
87 additional protections for health care providers who report events under this section.
88 Section 2. Section 58-5a-502 is enacted to read:
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90 58-5a-502. Unprofessional Conduct.
91 In addition to unprofessional conduct as defined in Section 58-5a-102, it is
92 unprofessional conduct for an individual licensed under this chapter to administer sedation or
93 anesthesia intravenously to a patient in an outpatient setting that is not an emergency
94 department, without:
95 (1) first obtaining consent from the patient in writing, which shall include:
96 (a) the type of sedation or anesthesia being administered;
97 (b) the identity and training of the person who is performing the procedure for which
98 the sedation or anesthesia will be administered;
99 (c) the identity and training of the person who will be administering the sedation or
100 anesthesia;
101 (d) a list of all responsibilities during the procedure of the person who will be
102 administering the sedation or anesthesia; and
103 (e) patient monitoring that will occur during the sedation or anesthesia, including
104 monitoring equipment that will be used;
105 (2) reporting any adverse event under Section 26-1-40; and
106 (3) having access during the procedure to an advanced cardiac life support crash cart
107 with equipment that is regularly maintained according to guidelines established by the
108 American Hospital Association.
109 Section 3. Section 58-31b-502.5 is enacted to read:
110 58-31b-502.5. Anesthesia and Sedation - unprofessional conduct.
111 In addition to unprofessional conduct as defined in Section 58-31b-502, it is
112 unprofessional conduct for an individual licensed under this chapter to administer sedation or
113 anesthesia intravenously to a patient in an outpatient setting that is not an emergency
114 department, without:
115 (1) first obtaining consent from the patient in writing, which shall include:
116 (a) the type of sedation or anesthesia being administered;
117 (b) the identity and training of the person who is performing the procedure for which
118 the sedation or anesthesia will be administered;
119 (c) the identity and training of the person who will be administering the sedation or
120 anesthesia;
121 (d) a list of all responsibilities during the procedure of the person who will be
122 administering the sedation or anesthesia; and
123 (e) patient monitoring that will occur during the sedation or anesthesia, including
124 monitoring equipment that will be used;
125 (2) reporting any adverse event under Section 26-1-40; and
126 (3) having access during the procedure to an advanced cardiac life support crash cart
127 with equipment that is regularly maintained according to guidelines established by the
128 American Hospital Association.
129 Section 4. Section 58-67-502.5 is enacted to read:
130 58-67-502.5. Anesthesia and Sedation - Unprofessional Conduct.
131 In addition to unprofessional conduct as defined in Section 58-67-502, it is
132 unprofessional conduct for an individual licensed under this chapter to administer sedation or
133 anesthesia intravenously to a patient in an outpatient setting that is not an emergency
134 department, without:
135 (1) first obtaining consent from the patient in writing, which shall include:
136 (a) the type of sedation or anesthesia being administered;
137 (b) the identity and training of the person who is performing the procedure for which
138 the sedation or anesthesia will be administered;
139 (c) the identity and training of the person who will be administering the sedation or
140 anesthesia;
141 (d) a list of all responsibilities during the procedure of the person who will be
142 administering the sedation or anesthesia; and
143 (e) patient monitoring that will occur during the sedation or anesthesia, including
144 monitoring equipment that will be used;
145 (2) reporting any adverse event under Section 26-1-40; and
146 (3) having access during the procedure to an advanced cardiac life support crash cart
147 with equipment that is regularly maintained according to guidelines established by the
148 American Hospital Association.
149 Section 5. Section 58-68-502.5 is enacted to read:
150 58-68-502.5. Anesthesia and Sedation - Unprofessional Conduct.
151 In addition to unprofessional conduct as defined in Section 58-68-502, it is
152 unprofessional conduct for an individual licensed under this chapter to administer sedation or
153 anesthesia intravenously to a patient in an outpatient setting that is not an emergency
154 department, without:
155 (1) first obtaining consent from the patient in writing, which shall include:
156 (a) the type of sedation or anesthesia being administered;
157 (b) the identity and training of the person who is performing the procedure for which
158 the sedation or anesthesia will be administered;
159 (c) the identity and training of the person who will be administering the sedation or
160 anesthesia;
161 (d) a list of all responsibilities during the procedure of the person who will be
162 administering the sedation or anesthesia; and
163 (e) patient monitoring that will occur during the sedation or anesthesia, including
164 monitoring equipment that will be used;
165 (2) reporting any adverse event under Section 26-1-40; and
166 (3) having access during the procedure to an advanced cardiac life support crash cart
167 with equipment that is regularly maintained according to guidelines established by the
168 American Hospital Association.
169 Section 6. Section 58-69-502.5 is enacted to read:
170 58-69-502.5. Anesthesia and Sedation - Unprofessional Conduct.
171 In addition to unprofessional conduct as defined in Section 58-68-502, it is
172 unprofessional conduct for an individual licensed under this chapter to administer sedation or
173 anesthesia intravenously to a patient in an outpatient setting that is not an emergency
174 department, without:
175 (1) first obtaining consent from the patient in writing, which shall include:
176 (a) the type of sedation or anesthesia being administered;
177 (b) the identity and training of the person who is performing the procedure for which
178 the sedation or anesthesia will be administered;
179 (c) the identity and training of the person who will be administering the sedation or
180 anesthesia;
181 (d) a list of all responsibilities during the procedure of the person who will be
182 administering the sedation or anesthesia; and
183 (e) patient monitoring that will occur during the sedation or anesthesia, including
184 monitoring equipment that will be used;
185 (2) reporting any adverse event under Section 26-1-40; and
186 (3) having access during the procedure to an advanced cardiac life support crash cart
187 with equipment that is regularly maintained according to guidelines established by the
188 American Hospital Association.
189 Section 7. Section 63I-1-226 is amended to read:
190 63I-1-226. Repeal dates, Title 26.
191 (1) Section 26-1-40 is repealed July 1, 2021.
192 [
193 July 1, 2025.
194 [
195 [
196 repealed July 1, 2018.
197 [
198 2024.
199 [
200 2019.
201 [
202 2021.
203 [
204 [
205 [
206 (10) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed July 1, 2021.
207 Section 8. Section 63I-1-258 is amended to read:
208 63I-1-258. Repeal dates, Title 58.
209 (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
210 repealed July 1, 2026.
211 (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
212 (3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2018.
213 (4) Section 58-37-4.3 is repealed July 1, 2021.
214 (5) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
215 (6) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
216 repealed July 1, 2019.
217 (7) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
218 (8) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
219 1, 2023.
220 (9) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
221 (10) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
222 2026.
223 (11) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2017.
224 (12) Title 58, Chapter 86, State Certification of Commercial Interior Designers Act, is
225 repealed July 1, 2021.
226 (13) The following Sections are repealed on July 1, 2021:
227 (a) Section 58-5a-502;
228 (b) Section 58-31b-502.5;
229 (c) Section 58-67-502.5;
230 (d) Section 58-68-502.5; and
231 (e) Section 58-69-502.5.