Florida 2022 2022 Regular Session

Florida House Bill H1101 Analysis / Analysis

Filed 02/17/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1101c.HHS 
DATE: 2/17/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: CS/HB 1101    Anesthesiologist Assistants 
SPONSOR(S): Professions & Public Health Subcommittee, Altman 
TIED BILLS:   IDEN./SIM. BILLS: SB 1366 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Professions & Public Health Subcommittee 18 Y, 0 N, As CS Morris McElroy 
2) Health & Human Services Committee 19 Y, 1 N Morris Calamas 
SUMMARY ANALYSIS 
An anesthesiologist assistant assists an anesthesiologist with developing and implementing an anesthesia 
care plan for patients. Anesthesiologist assistants are regulated under chs. 458 and 459, F.S., and by the 
Boards of Medicine (BOM) and Osteopathic Medicine (BOOM) within the Department of Health (DOH).  
 
Anesthesiologist assistants perform duties under a protocol with an anesthesiologist and work under the direct 
supervision of an anesthesiologist. An anesthesiologist must be onsite and physically present in the office or 
surgical suite when a procedure is performed to supervise an anesthesiologist assistant. The supervising 
anesthesiologist must also be immediately available to provide assistance to the anesthesiologist assistant 
while services are delivered to a patient.  
 
CS/HB 1101 revises the direct supervision requirements for an anesthesiologist assistant by removing the 
requirement that supervising anesthesiologists be in the office or surgical suite when supervising an 
anesthesiologist assistant. Instead, the bill requires the supervising anesthesiologist to be physically present 
on premises and immediately available to an anesthesiologist assistant. The bill also authorizes 
anesthesiologist assistants to personally administer prescribed anesthetic under the direct supervision of an 
anesthesiologist, consistent with BOM declaratory statement on the issue. 
 
Anesthesiologist assistants must submit sworn statements of any prior felony convictions and any prior 
discipline or denial of licensure or certification in any state in an application for licensure in this state. The bill 
removes the requirement such statements be sworn, allowing applications for licensure to be completed 
electronically. 
 
The bill has no fiscal impact on DOH and local governments.  
 
The bill provides an effective date of July 1, 2022.   STORAGE NAME: h1101c.HHS 	PAGE: 2 
DATE: 2/17/2022 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
Anesthesiologist Assistants 
 
Licensure 
 
An anesthesiologist assistant assists an anesthesiologist
1
 with developing and implementing an 
anesthesia care plan for patients.  
 
To become licensed as an anesthesiologist assistant in this state, an applicant must: 
 
 Complete a training program accredited by the Commission on Accreditation of Allied Health 
Education Programs;
2
 
 Pass an examination established by the National Commission on Certification of 
Anesthesiologist Assistants; 
 Be certified in advanced cardiac life support; and 
 Submit an application fee, as set by the BOM or the BOOM and completed an application, 
which must include: 
o A certificate of completion of an approved graduate level program; 
o A sworn statement of any prior felony convictions; 
o A sworn statement of any prior discipline or denial of licensure or certification in any 
state; and 
o Two letters of recommendation from anesthesiologists. 
 
Anesthesiologist assistants must hold a current certificate issued by the National Commission on 
Certification of Anesthesiologist Assistants or complete 40 hours of continuing education every two 
years.
3
 
 
Practice Protocol 
 
Anesthesiologist assistants may perform duties established by BOM or BOOM rule and included in a 
protocol with an anesthesiologist. Such duties include:
4
 
 
 Obtaining a comprehensive patient history and present the history to the supervising 
anesthesiologist; 
 Pretesting and calibrating anesthesia delivery systems and monitoring, obtaining, and 
interpreting information from the systems and monitors; 
 Assisting the supervising anesthesiologist with the implementation of medically accepted 
monitoring techniques; 
 Establishing basic and advanced airway interventions, including intubation of the trachea and 
performing ventilatory support; 
 Administering intermittent vasoactive drugs and starting and adjusting vasoactive infusions; 
 Administering anesthetic drugs, adjuvant drugs, and accessory drugs; 
                                                
1
 An anesthesiologist is an allopathic or osteopathic physician regulated under chs. 458 and 459, F.S., respectively, and 
the Board of Medicine (BOM) and the Board of Osteopathic Medicine (BOOM) within the Department of Health (DOH), 
who has completed an anesthesiology training program approved by the Accreditation Council for Graduate Medical 
Education and is certified by the American Board of Anesthesiology. 
2
 Rules 64B8-31.004 and 64B15-7.004, F.A.C. 
3
 S. 458.3475(5) and 459.023(5), F.S. 
4
 S. 458.3475(3) and 459.023(3), F.S.  STORAGE NAME: h1101c.HHS 	PAGE: 3 
DATE: 2/17/2022 
  
 Assisting the supervising anesthesiologist with the performance of epidural anesthetic 
procedures and spinal anesthetic procedures; 
 Administering blood, blood products, and supportive fluids; 
 Supporting life functions during anesthesia health care, including induction and intubation 
procedures, the use of appropriate mechanical supportive devices, and the management of 
fluid, electrolyte, and blood component balances; 
 Recognizing and taking appropriate corrective action for abnormal patient responses to 
anesthesia, adjunctive medication, or other forms of therapy; 
 Participating in management of the patient while in the post-anesthesia recovery area, including 
the administration of any supporting fluids or drugs; and 
 Placing special peripheral and central venous and arterial lines for blood sampling and 
monitoring, as appropriate. 
 
An anesthesiologist or a group of anesthesiologists must file a written protocol with the BOM and 
BOOM upon establishment of a supervisory relationship with an anesthesiologist assistant. Such 
protocol must be updated biennially, include the signatures of the anesthesiologist assistant and all 
supervising physicians.
5
 
 
Duties Under Direct Supervision 
 
An anesthesiology assistant may only provide services under the direct supervision of an 
anesthesiologist.
6
 Direct supervision means onsite, personal supervision by an anesthesiologist who is 
present in the office or surgical suite when the procedure is being performed and is immediately 
available to provide assistance to the anesthesiologist assistant while services are being delivered.
7
 
The office or surgical suite requirement prohibits an anesthesiologist, who is otherwise physically 
present on the premises and immediately available, from supervising an anesthesiologist assistant. 
 
Administration of Anesthetic 
 
Current law authorizes an anesthesiologist assistant to “assist” the supervising anesthesiologist with 
the performance of epidural anesthetic procedures and spinal anesthetic procedures under a protocol 
and under the direct supervision of an anesthesiologist.
8
 
 
In 2017, an anesthesiologist filed a petition for declaratory statement with the BOM seeking a 
determination of whether current law allows an anesthesiologist assistant to personally perform 
anesthetic procedures under direct supervision of an anesthesiologist. The BOM concluded that 
“assist”, within the context of s. 458.3475, F.S., allows an anesthesiologist assistant to personally 
perform epidural anesthetic procedures and spinal anesthetic procedures as long as the 
anesthesiologist is in the same room where the procedures are being performed.
9
  
 
  
                                                
5
 S 458.3475(2)(b) and 459.023(2)(b), F.S. 
6
 S. 458.3475(3)(a) and 459.023(3)(a), F.S. The practice of anesthesiology includes pain relief during and after surgery 
and childbirth, during chronic disease processes, and during resuscitation and critical care of patients in the operating 
room and intensive care. 
7
 S. 458.3475(1)(g) and 459.023(1)(g), F.S. 
8
 S. 458.3475(3)(a) and 459.023(3)(a), F.S. 
9
 Department of Health, Final Order on Petition for Declaratory Statement (filed Nov. 8, 2017) (on file with Professions and 
Public Health Subcommittee staff). The final order specifies that the supervising anesthesiologist must: personally 
examine each and every patient and order the medication to be administered; directly supervise the administration of the 
medication by remaining in the same room as the anesthesiologist assistant performing the procedure; verify the training 
and capability of the anesthesiologist assistant to provide such services; and include precautions in the protocol filed with 
the BOM or BOOM by the supervising anesthesiologist.  STORAGE NAME: h1101c.HHS 	PAGE: 4 
DATE: 2/17/2022 
  
Effect of the Bill 
 
Licensure 
 
The bill removes the requirement that anesthesiologist assistant licensure applications contain sworn 
statements of any prior felony convictions and any prior discipline or denial of licensure or certification 
in any state. This allows applications for licensure to be completed electronically. 
 
Duties Under Direct Supervision 
 
CS/HB 1101 revises the direct supervision requirements for an anesthesiologist assistant by removing 
the requirement that supervising anesthesiologists be in the office or surgical suite when supervising an 
anesthesiologist assistant. Instead, the bill requires the supervising anesthesiologist to be physically 
present on premises and immediately available to an anesthesiologist assistant.  
 
Administration of Anesthetic 
 
In a 2017 Final Order, the BOM concluded that “assist”, within the context of s. 458.3475, F.S., allows 
an anesthesiologist assistant to personally perform epidural anesthetic procedures and spinal 
anesthetic procedures as long as the anesthesiologist is in the same room where the procedures are 
being performed. The bill codifies the BOM’s determination and authorizes anesthesiologist assistants 
to personally administer prescribed anesthetic under the direct supervision of an anesthesiologist. 
 
The bill provides an effective date of July 1, 2022. 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 458.3475, F.S., relating to anesthesiologist assistants. 
Section 2: Amends s. 459.023, F.S., relating to anesthesiologist assistants. 
Section 3: Provides an effective date of July 1, 2022. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
None.  STORAGE NAME: h1101c.HHS 	PAGE: 5 
DATE: 2/17/2022 
  
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
None. This bill does not appear to affect county or municipal governments.   
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
Current law provides sufficient rulemaking authority to implement the provisions of the bill. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
On February 2, 2022, the Professions and Public Health Subcommittee adopted an amendment and 
reported the bill favorably as a committee substitute. The amendment: 
 
 Specified “direct supervision” by an anesthesiologist means the anesthesiologist is physically 
present and immediately available as needed; 
 Authorized anesthesiologist assistants to personally administer prescribed anesthetic and 
perform tasks and services specified in a written protocol under the direct supervision of an 
anesthesiologist; and 
 Removed the requirement that anesthesiologist assistant licensure applications contain sworn 
statements of any prior felony convictions and any prior discipline or denial of licensure. 
 
This analysis is drafted to the committee substitute as passed by the Professions and Public Health 
Subcommittee.