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 standards" means standards established by the division through rule
71     that:
72          (a) prohibit an anesthesiologist from supervising more than four anesthesiologist
73     assistants at any one time; and
74          (b) comply with the rules and regulations for anesthesia service reimbursement created
75     by the Centers for Medicare and Medicaid Services to the extent that the rules and regulations
76     do not conflict with state law.
77          Section 3. Section 58-70b-102 is enacted to read:
78          58-70b-102. Rulemaking.
79          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
80     division may make rules as authorized by this chapter.
81          Section 4. Section 58-70b-201 is enacted to read:
Part 2. Board

83          58-70b-201. Board.
84          The board shall regulate anesthesiologist assistants.
85          Section 5. Section 58-70b-301 is enacted to read:

Part 3. Licensing

87          58-70b-301. Licensure required -- Supervision -- Issuance of licenses.
88          (1) Beginning January 1, 2023, and except as provided in Section 58-1-307:
89          (a) a license is required to engage in the practice of assisting an anesthesiologist; and
90          (b) the practice of assisting an anesthesiologist requires compliance with supervision
91     standards.
92          (2) The division shall issue to any individual who qualifies under this chapter a license
93     to practice as an anesthesiologist assistant.
94          Section 6. Section 58-70b-302 is enacted to read:
95          58-70b-302. Qualifications for licensure.
96          Each applicant for licensure as an anesthesiologist assistant under this chapter shall:
97          (1) submit an application on a form established by the division;
98          (2) pay a fee determined by the division under Section 63J-1-504;
99          (3) provide satisfactory documentation of having graduated from a program certified by
100     the Commission on Accreditation of Allied Health Education Programs the commission's
101     successor organization;
102          (4) within 12 months of completing the training under Subsection (3), pass the
103     certification exam offered by the National Commission for Certification of Anesthesiologist
104     Assistants; and
105          (5) have the certification described in Subsection (4) at the time of the application and
106     maintain the certification throughout the term of the license.
107          Section 7. Section 58-70b-303 is enacted to read:
108          58-70b-303. Term of license -- Expiration -- Renewal.
109          (1) (a) The division shall issue each license under this chapter in accordance with a
110     two-year renewal cycle established by rule.
111          (b) The division may by rule extend or shorten a renewal cycle by as much as one year
112     to stagger the renewal cycles the division administers.
113          (2) Each licensee shall, at the time of applying for renewal, demonstrate compliance

114     with continuing education requirements established through rule by the division in
115     collaboration with the board.
116          (3) Each license automatically expires on the expiration date shown on the license
117     unless the licensee renews the license in accordance with Section 58-1-308.
118          Section 8. Section 58-70b-401 is enacted to read:
Part 4. Unlawful and Unprofessional Conduct

120          58-70b-401. Unlawful conduct.
121          (1) An individual commits unlawful conduct by:
122          (a) using the title "anesthesiologist assistant" or any other title or designation tending to
123     indicate that the individual is an anesthesiologist assistant unless that individual has a current
124     license as an anesthesiologist assistant issued under this chapter; or
125          (b) engaging in the practice of assisting an anesthesiologist without being an
126     anesthesiologist assistant.
127          (2) An anesthesiologist assistant commits unlawful conduct by engaging in the practice
128     of assisting an anesthesiologist without complying with supervision standards.
129          Section 9. Section 58-70b-402 is enacted to read:
130          58-70b-402. Unprofessional conduct.
131          An anesthesiologist assistant commits unprofessional conduct by:
132          (1) engaging in any act or practice in a professional capacity which the licensee is not
133     competent to perform through training or experience;
134          (2) failing to refer a client to other competent professionals when the licensee is unable
135     or unwilling to adequately support or serve the client;
136          (3) failing to maintain the confidentiality of any information received from a client,
137     unless released by the client or otherwise authorized or required by law; or
138          (4) exploiting a client for personal advantage, profit, or interest.