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7 LONG TITLE
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
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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 [
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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 [
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 [
51 (4) A board member who has, under Subsection (3), reviewed a complaint or advised
52 in [
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:
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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" means a supervising anesthesiologist is 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.
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:
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79 58-70b-201. Board.
80 The board shall regulate anesthesiologist assistants.
81 Section 5. Section 58-70b-301 is enacted to read:
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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 supervision.
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 (1) Except as provided in Subsection (2), each applicant for licensure as an
92 anesthesiologist assistant under this chapter shall:
93 (a) submit an application on a form established by the division;
94 (b) pay a fee determined by the division under Section 63J-1-504;
95 (c) provide satisfactory documentation of having graduated from a program certified by
96 the Commission on Accreditation of Allied Health Education Programs the commission's
97 successor organization;
98 (d) within 12 months of completing the training under Subsection (1)(c), pass the
99 certification exam offered by the National Commission for Certification of Anesthesiologist
100 Assistants; and
101 (e) have the certification described in Subsection (1)(d) at the time of the application
102 and maintain the certification throughout the term of the license.
103 (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).
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:
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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 supervision.
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.