This document includes Senate Committee Amendments incorporated into the bill on Wed, Feb 2, 2022 at 9:49 AM by kpoll.
This document includes House Floor Amendments incorporated into the bill on Wed, Feb 16, 2022 at 3:23 PM by lfindlay.



Chief Sponsor: Michael K. McKell

House Sponsor: Mike Schultz


8     General Description:
9          This bill creates a license for anesthesiologist assistants.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Physicians Licensing Board to regulate anesthesiologist assistants;
14          ▸     establishes a license for anesthesiologist assistants;
15          ▸     establishes qualifications for licensure;
16          ▸     establishes terms for the license; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          58-67-201, as last amended by Laws of Utah 1997, Chapter 10
25     ENACTS:
26          58-70b-101, Utah Code Annotated 1953
27          58-70b-102, Utah Code Annotated 1953

28          58-70b-201, Utah Code Annotated 1953
29          58-70b-301, Utah Code Annotated 1953
30          58-70b-302, Utah Code Annotated 1953
31          58-70b-303, Utah Code Annotated 1953
32          58-70b-401, Utah Code Annotated 1953
33          58-70b-402, Utah Code Annotated 1953

35     Be it enacted by the Legislature of the state of Utah:
36          Section 1. Section 58-67-201 is amended to read:
37          58-67-201. Board.
38          (1) There is created the Physicians Licensing Board consisting of nine physicians and
39     surgeons and two members of the general public.
40          (2) The board shall be appointed and serve in accordance with Section 58-1-201.
41          [(3) (a) The duties and responsibilities of the board shall be in accordance with
42     Sections 58-1-202 and 58-1-203.]
43          (3) (a) In addition to any duty or responsibility described in Section 58-1-202 or
44     58-1-203, the board shall regulate anesthesiologist assistants licensed under Chapter 70b,
45     Anesthesiologist Assistant Licensing Act.
46          (b) The board may also designate one of [its] the board's members on a permanent or
47     rotating basis to:
48          (i) assist the division in reviewing complaints concerning the unlawful or
49     unprofessional conduct of a licensee the board regulates; and
50          (ii) advise the division in [its] the division's investigation of these complaints.
51          (4) A board member who has, under Subsection (3), reviewed a complaint or advised
52     in [its] the complaint's investigation may be disqualified from participating with the board
53     when the board serves as a presiding officer in an adjudicative proceeding concerning that
54     complaint.
55          Section 2. Section 58-70b-101 is enacted to read:

Part 1. General Provisions

58          58-70b-101. Definitions.

59          As used in this chapter:
60          (1) "Anesthesiologist" means an individual who:
61          (a) is licensed under Chapter 67, Utah Medical Practice Act, or Chapter 68, Utah
62     Osteopathic Medical Practice Act; and
63          (b) has completed a residency program in anesthesiology.
64          (2) "Anesthesiologist assistant" means an individual licensed under this chapter.
65          (3) "Board" means the Physicians Licensing Board created in Section 58-67-201.
66          (4) "Practice of assisting an anesthesiologist" means personally performing the health
67     care services delegated to the anesthesiologist assistant by the supervising anesthesiologist in
68     accordance with the acceptable medical practice and the American Society of
69     Anesthesiologists' guidance for best practice of anesthesia in a care team model.
70          (5) "Supervision Ŝ→ standards ←Ŝ " means Ŝ→ [
a supervising anesthesiologist is
70a     immediately available in
71     physical proximity that allows the anesthesiologist to return and re-establish direct contact with
72     the patient to meet the medical needs and address any urgent or emergent clinical problems.

72a     standards Ĥ→ [
that:] ←Ĥ
72b     Ĥ→ [
(a) are] ←Ĥ established by the division through rule Ĥ→ [; and] that:
72b1     (a) prohibit an anesthesiologist from supervising more than four anesthesiogist assistants at
72b2     any one time; and ←Ĥ
72c     (b) comply with the rules and regulations for anesthesia service reimbursement created by the
72d     Centers for Medicare and Medicaid Services Ĥ→ to the extent that the rules and regulations
72d1     do not conflict with state law ←Ĥ . ←Ŝ
73          Section 3. Section 58-70b-102 is enacted to read:
74          58-70b-102. Rulemaking.
75          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
76     division may make rules as authorized by this chapter.
77          Section 4. Section 58-70b-201 is enacted to read:
Part 2. Board

79          58-70b-201. Board.
80          The board shall regulate anesthesiologist assistants.
81          Section 5. Section 58-70b-301 is enacted to read:
Part 3. Licensing

83          58-70b-301. Licensure required -- Supervision -- Issuance of licenses.
84          (1) Beginning January 1, 2023, and except as provided in Section 58-1-307:
85          (a) a license is required to engage in the practice of assisting an anesthesiologist; and
86          (b) the practice of assisting an anesthesiologist requires Ŝ→ [
supervision] compliance with
86a     supervision standards ←Ŝ .
87          (2) The division shall issue to any individual who qualifies under this chapter a license
88     to practice as an anesthesiologist assistant.
89          Section 6. Section 58-70b-302 is enacted to read:
90          58-70b-302. Qualifications for licensure -- Temporary license.
91          Ĥ→ [
(1) Except as provided in Subsection (2), each] Each ←Ĥ applicant for licensure as an
92     anesthesiologist assistant under this chapter shall:
93          Ĥ→ [
(a)] (1) ←Ĥ submit an application on a form established by the division;
94          Ĥ→ [
(b)] (2) ←Ĥ pay a fee determined by the division under Section 63J-1-504;
95          Ĥ→ [
(c)] (3) ←Ĥ provide satisfactory documentation of having graduated from a program
95a     certified by
96     the Commission on Accreditation of Allied Health Education Programs the commission's
97     successor organization;
98          Ĥ→ [
(d)] (4) ←Ĥ within 12 months of completing the training under Subsection
98a     Ĥ→ [
(1)(c)] (3) ←Ĥ , pass the
99     certification exam offered by the National Commission for Certification of Anesthesiologist
100     Assistants; and
101          Ĥ→ [
(e)] (5) ←Ĥ have the certification described in Subsection Ĥ→ [(1)(d)] (4) ←Ĥ at the
101a     time of the application
102     and maintain the certification throughout the term of the license.
103          Ĥ→ [
(2) The division may issue a temporary license, in accordance with Section 58-1-303
104     and any other conditions established by rule, to an applicant who meets all of the requirements
105     for licensure except the certification requirement of Subsection (1)(d) or (1)(e).
] ←Ĥ

106          Section 7. Section 58-70b-303 is enacted to read:
107          58-70b-303. Term of license -- Expiration -- Renewal.
108          (1) (a) The division shall issue each license under this chapter in accordance with a
109     two-year renewal cycle established by rule.
110          (b) The division may by rule extend or shorten a renewal cycle by as much as one year
111     to stagger the renewal cycles the division administers.
112          (2) Each licensee shall, at the time of applying for renewal, demonstrate compliance
113     with continuing education requirements established through rule by the division in
114     collaboration with the board.
115          (3) Each license automatically expires on the expiration date shown on the license
116     unless the licensee renews the license in accordance with Section 58-1-308.
117          Section 8. Section 58-70b-401 is enacted to read:
Part 4. Unlawful and Unprofessional Conduct

119          58-70b-401. Unlawful conduct.
120          (1) An individual commits unlawful conduct by:

121          (a) using the title "anesthesiologist assistant" or any other title or designation tending to
122     indicate that the individual is an anesthesiologist assistant unless that individual has a current
123     license as an anesthesiologist assistant issued under this chapter; or
124          (b) engaging in the practice of assisting an anesthesiologist without being an
125     anesthesiologist assistant.
126          (2) An anesthesiologist assistant commits unlawful conduct by engaging in the practice
127     of assisting an anesthesiologist without Ŝ→ [
supervision] complying with supervision standards
127a     ←Ŝ .
128          Section 9. Section 58-70b-402 is enacted to read:
129          58-70b-402. Unprofessional conduct.
130          An anesthesiologist assistant commits unprofessional conduct by:
131          (1) engaging in any act or practice in a professional capacity which the licensee is not
132     competent to perform through training or experience;
133          (2) failing to refer a client to other competent professionals when the licensee is unable
134     or unwilling to adequately support or serve the client;
135          (3) failing to maintain the confidentiality of any information received from a client,
136     unless released by the client or otherwise authorized or required by law; or
137          (4) exploiting a client for personal advantage, profit, or interest.