Bill Text: CA SB410 | 2013-2014 | Regular Session | Amended
Bill Title: Anesthesiologist assistants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB410 Detail]
Download: California-2013-SB410-Amended.html
BILL NUMBER: SB 410 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2013
INTRODUCED BY Senator Yee
FEBRUARY 20, 2013
An act to amend Section 2241.5 add Chapter
7.75 (commencing with Section 3550) to Division 2 of the
Business and Professions Code, relating to medicine
healing arts .
LEGISLATIVE COUNSEL'S DIGEST
SB 410, as amended, Yee. Health care: controlled
substances and dangerous drugs. Anesthesiologist
assistants.
Existing law, the Medical Practice Act, provides for the licensure
and regulation of physicians and surgeons by the Medical Board of
California.
This bill would enact the Anesthesiologist Assistant Practice Act,
which would require the licensure and regulation of anesthesiologist
assistants by the Medical Board of California and would prescribe
the services that may be performed by a radiologist assistant under
the supervision of a qualified physician and surgeon. The bill would
make it a crime for a person to practice as an anesthesiologist
assistant without a license or for an anesthesiologist assistant to
practice outside the scope of his or her practice, as specified,
thereby imposing a state-mandated local program. The bill would
require the board to adopt regulations relating to the licensure of
radiologist assistants and certification of approved programs by July
1, 2014, and would require the board to commence licensure and
certification on that date.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law authorizes a physician and surgeon to prescribe for,
or dispense or administer to, a person under his or her treatment for
a medical condition, drugs or prescription controlled substances for
the treatment of pain or a condition causing pain, including
intractable pain. Existing law requires the physician and surgeon to
exercise reasonable care in determining whether a particular patient
or condition, or complexity of the patient's treatment, including,
but not limited to, a current or recent pattern of drug abuse,
requires consultation with, or referral to, a more qualified
specialist.
This bill would specify that chronic pain is included among the
types of pain for which these drugs or substances may be prescribed.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 7.75 (commencing with Section
3550) is added to Division 2 of the Business and
Professions Code , to read:
CHAPTER 7.75. ANESTHESIOLOGIST ASSISTANTS
Article 1. General Provisions
3550. This chapter shall be known and cited as the
Anesthesiologist Assistant Practice Act.
3550.5. For the purposes of this chapter, the following
definitions shall apply:
(a) "Anesthesiologist" means a physician and surgeon who has
completed a residency in anesthesiology approved by the American
Board of Anesthesiology or the American Osteopathic Board of
Anesthesiology.
(b) "Anesthesiologist assistant" means a person who meets the
requirements of Section 3553 and provides health care services
delegated by a licensed anesthesiologist.
(c) "Board" means the Medical Board of California.
3551. Notwithstanding any other law, a licensed anesthesiologist
assistant may assist the supervising anesthesiologist in developing
and implementing an anesthesia care plan for a patient. In providing
assistance to the supervising anesthesiologist, an anesthesiologist
assistant may do all of the following:
(a) Obtain a comprehensive patient history, perform relevant
elements of a physical examination, and present the patient history
to the supervising anesthesiologist.
(b) Pretest and calibrate anesthesia delivery systems and obtain
and interpret information from the systems and monitors, in
consultation with an anesthesiologist.
(c) Assist the supervising anesthesiologist with the
implementation of medically accepted monitoring techniques.
(d) Establish basic and advanced airway interventions, including
intubation of the trachea and performing ventilatory support.
(e) Administer intermittent vasoactive drugs and start and adjust
vasoactive infusions.
(f) Administer anesthetic drugs, adjuvant drugs, and accessory
drugs.
(g) Assist the supervising anesthesiologist with the performance
of epidural anesthetic procedures, spinal anesthetic procedures, and
other regional anesthetic techniques.
(h) Administer blood, blood products, and supportive fluids.
(i) Provide assistance to a cardiopulmonary resuscitation team in
response to a life threatening situation.
(j) Participate in administrative, research, and clinical teaching
activities as authorized by the supervising anesthesiologist.
(k) Perform other tasks not prohibited by law under the
supervision of a licensed anesthesiologist that an anesthesiologist
assistant has been trained and is proficient to perform.
3551.5. The board may adopt, amend, and repeal regulations as may
be necessary to enable it to carry into effect this chapter. All
regulations shall be in accordance with, and not inconsistent with,
this chapter. All regulations shall be adopted, amended, or repealed
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
3551.7. No person other than one licensed to practice as an
anesthesiologist assistant shall practice as an anesthesiologist
assistant or in a similar capacity to an anesthesiologist or hold
himself or herself out as an "anesthesiologist assistant."
Article 2. Licensure
3552. The board shall adopt regulations consistent with this
chapter for the consideration of applications for licensure as an
anesthesiologist assistant no later than July 1, 2014.
3553. Commencing July 1, 2014, the board shall issue a license to
each anesthesiologist assistant applicant who meets each of the
following requirements:
(a) Has graduated from an anesthesiologist assistant program
accredited by the American Medical Association's Committee on Allied
Health Education and Accreditation or by its successor agency.
(b) Has passed the certifying examination administered by the
National Commission on Certification of Anesthesiologist Assistants.
(c) Has active certification by the National Commission on
Certification of Anesthesiologist Assistants.
Article 3. Penalties
3554. Any person who violates Section 3551.7 shall be guilty of a
misdemeanor punishable by imprisonment in a county jail not
exceeding six months, or by a fine not exceeding one thousand dollars
($1,000), or by both.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 2241.5 of the Business and
Professions Code is amended to read:
2241.5. (a) A physician and surgeon may prescribe for, or
dispense or administer to, a person under his or her treatment for a
medical condition dangerous drugs or prescription controlled
substances for the treatment of pain or a condition causing pain,
including, but not limited to, chronic pain or intractable pain.
(b) No physician and surgeon shall be subject to disciplinary
action for prescribing, dispensing, or administering dangerous drugs
or prescription controlled substances in accordance with this
section.
(c) This section shall not affect the power of the board to take
any action described in Section 2227 against a physician and surgeon
who does any of the following:
(1) Violates subdivision (b), (c), or (d) of Section 2234
regarding gross negligence, repeated negligent acts, or incompetence.
(2) Violates Section 2241 regarding treatment of an addict.
(3) Violates Section 2242 regarding performing an appropriate
prior examination and the existence of a medical indication for
prescribing, dispensing, or furnishing dangerous drugs.
(4) Violates Section 2242.1 regarding prescribing on the Internet.
(5) Fails to keep complete and accurate records of purchases and
disposals of substances listed in the California Uniform Controlled
Substances Act (Division 10 (commencing with Section 11000) of the
Health and Safety Code) or controlled substances scheduled in the
federal Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. Sec. 801 et seq.), or pursuant to the federal
Comprehensive Drug Abuse Prevention and Control Act of 1970. A
physician and surgeon shall keep records of his or her purchases and
disposals of these controlled substances or dangerous drugs,
including the date of purchase, the date and records of the sale or
disposal of the drugs by the physician and surgeon, the name and
address of the person receiving the drugs, and the reason for the
disposal or the dispensing of the drugs to the person, and shall
otherwise comply with all state recordkeeping requirements for
controlled substances.
(6) Writes false or fictitious prescriptions for controlled
substances listed in the California Uniform Controlled Substances Act
or scheduled in the federal Comprehensive Drug Abuse Prevention and
Control Act of 1970.
(7) Prescribes, administers, or dispenses in violation of this
chapter, or in violation of Chapter 4 (commencing with Section 11150)
or Chapter 5 (commencing with Section 11210) of Division 10 of the
Health and Safety Code.
(d) A physician and surgeon shall exercise reasonable care in
determining whether a particular patient or condition, or the
complexity of a patient's treatment, including, but not limited to, a
current or recent pattern of drug abuse, requires consultation with,
or referral to, a more qualified specialist.
(e) Nothing in this section shall prohibit the governing body of a
hospital from taking disciplinary actions against a physician and
surgeon pursuant to Sections 809.05, 809.4, and 809.5.
