23 LC 33 9308
S. B. 111
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Senate Bill 111
By: Senators Hufstetler of the 52nd, Watson of the 1st and Kirkpatrick of the 32nd
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and
1
businesses, so as to enact the "Anesthesiologist Assistant Act"; to provide for an2
anesthesiologist assistant to be appointed in an advisory capacity to the Georgia Composite3
Medical Board; to provide for definitions; to provide for powers and duties of the Georgia4
Composite Medical Board as they relate to anesthesiologist assistants; to provide for5
licensure rules and requirements; to define the scope of practice for anesthesiologist6
assistants; to provide for regulation of the profession; to provide for rules and requirements7
for licensure reinstatement; to provide for penalties for unauthorized practice; to provide for8
practice during emergencies; to provide for related matters; to repeal conflicting laws; and9
for other purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
SECTION 1.12
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,13
is amended in Chapter 34, relating to physicians, acupuncture, physician assistants, cancer14
and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics15
practice, by revising subsection (e) of Code Section 43-34-2, relating to creation of board,16 23 LC 33 9308
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members, physician assistants advisory committee, review of qualifications, and required
17
training, as follows:18
"(e)(1) The board shall appoint a Physician Assistants Advisory Committee composed19
of four physicians, at least two of whom shall be members of the board, and four licensed20
physician assistants, who shall each serve for terms of office of two years and until their21
successors are appointed and qualified. The committee shall review matters to come22
before the board which relate to physician assistants, including,
but not limited to,23
applicants for physician assistant licensure and relicensure and education requirements24
therefor, and proposed board regulations concerning physician assistants. The committee25
shall periodically make recommendations to the board regarding matters reviewed. Each26
member of the advisory committee shall be entitled to the same expense allowances,27
mileage allowances, and reimbursement as members of the board as provided for in this28
chapter.29
(2) The committee shall appoint a physician assistant in an advisory capacity to the30
board. The advisory person shall serve at the pleasure of the committee as an ex officio31
adviser to the board in all matters relating to physician assistants and shall share in the32
privileges and benefits of the board without a vote.33
(3) The committee shall appoint an anesthesiologist assistant in an advisory capacity to34
the board. The advisory person shall serve at the pleasure of the committee as an ex35
officio adviser to the board in all matters relating to anesthesiologist assistants and shall36
share in the privileges and benefits of the board without a vote."37
SECTION 3.38
Said title is further amended in said chapter by enacting a new article to read as follows:39 23 LC 33 9308
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"ARTICLE 1340
43-34-320.41
This article shall be known and may be cited as the 'Anesthesiologist Assistant Act.'42
43-34-321.43
As used in this article, the term:44
(1) 'Alternate supervising anesthesiologist' means an anesthesiologist to whom a board45
approved supervising anesthesiologist has delegated the responsibility of supervising an46
anesthesiologist assistant and who agrees to supervise the anesthesiologist assistant for47
the supervising anesthesiologist and who is on record with the board.48
(2) 'Anesthesiologist' means a physician licensed pursuant to this chapter who has49
completed a residency in anesthesiology approved by the American Board of50
Anesthesiology or the American Osteopathic Board of Anesthesiology.51
(3) 'Anesthesiologist assistant' means a person who has met the requirements of Code52
Section 43-34-323 and is licensed to practice medicine under the supervision of an53
anesthesiologist.54
(4) 'Certification examination' means the initial certifying examination approved by the55
board for the certification of anesthesiologist assistants, which may include the56
examination administered by the National Commission for the Certification of57
Anesthesiologist Assistants or other national anesthesiologist assistant certifying agency58
that has been reviewed and approved by the board.59
(5) 'Immediately available' means that a supervising anesthesiologist is immediately60
available if he or she is in physical proximity that allows the anesthesiologist to61
reestablish direct contact with the patient to meet medical needs and any urgent or62
emergent clinical problems. These responsibilities may also be met through coordination63
among anesthesiologists of the same group or department.64 23 LC 33 9308
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(6) 'Job description' means a document, signed by the supervising anesthesiologist and65
the anesthesiologist assistant whom the supervising anesthesiologist is supervising, in66
which the supervising anesthesiologist delegates to that anesthesiologist assistant67
authority to perform certain medical acts and which describes the professional68
background and specialty of the supervising anesthesiologist; describes the qualifications,69
including related experience of the anesthesiologist assistant; and includes a general70
description of how the anesthesiologist assistant will be utilized in the practice. A job71
description shall not be required to contain every activity the anesthesiologist deems the72
anesthesiologist assistant qualified to perform but shall confine the activities of the73
anesthesiologist assistant to those in the scope of practice of the supervising74
anesthesiologist.75
(7) 'Supervising anesthesiologist' means the anesthesiologist who has the primary76
responsibility for supervising the practice of an anesthesiologist assistant pursuant to that77
anesthesiologist assistant's job description.78
(8) 'Supervision' means the availability of an anesthesiologist to delegate, coordinate,79
direct, and consult on the implementation of his or her intentions.80
43-34-322.81
(a) The board shall review and determine the qualifications and fitness of all persons82
applying for a license to practice as an anesthesiologist assistant.83
(b) The board shall:84
(1) Grant, deny, revoke, and reinstate licenses;85
(2) Investigate allegations regarding improper conduct by anesthesiologist assistants that86
would be grounds for revocation of licensure;87
(3) Conduct informal interviews and hearings;88
(4) Adopt rules governing the practice of anesthesiologist assistants; and89 23 LC 33 9308
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(5) Retain jurisdiction over all licensees who receive temporary or full licenses under this90
article, regardless of whether the license has expired or lapsed, or was relinquished during91
or after any alleged occurrence of conduct.92
43-34-323.93
(a) A person shall not practice in this state as an anesthesiologist assistant or use the title94
or otherwise represent that the person is a licensed anesthesiologist assistant or use the95
credentials 'A.A.', 'C.A.A.', or anesthetist without having a license granted by the board96
pursuant to this article.97
(b) The board may grant an anesthesiologist assistant license to an applicant who:98
(1) Graduated from an anesthesiologist assistant program accredited by the Commission99
on Accreditation of Allied Health Education Programs or its predecessor or successor100
organization;101
(2) Successfully completed a certification examination and that is or was certified as of102
July 1, 2023, or was licensed in this state as a physician assistant in anesthesiology as of103
July 1, 2023;104
(3) Completes an application form prescribed by the board; and105
(4) Pays the required application fees as prescribed by the board in its rules.106
(c) A license issued pursuant to this article, other than a temporary license, shall be valid107
for a period of two years. A licensee shall renew the license every other year by108
completing and submitting to the board a renewal application form as prescribed by the109
board and the prescribed renewal fee before the current license expires. The board shall110
provide renewal notices to licensees at least one month before the expiration date.111
(d) The board may reinstate a lapsed license if the applicant pays a reinstatement fee as112
prescribed by the board in rule and meets the requirements for initial licensure.113
(e) Any person who has not successfully completed a certification examination may be114
issued a temporary license by the board if such person:115 23 LC 33 9308
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(1) Completes a temporary license application;116
(2) Pays the required temporary license fee as prescribed by the board in rule; and117
(3) Has successfully graduated from a program accredited by the Commission on118
Accreditation of Allied Health Education Programs, or another board approved program119
for educating and training anesthesiologist assistants.120
Such person shall take the next available certification examination after receiving a121
temporary license. A temporary license shall not be issued for a period of more than one122
year and is subject to any other requirements the board adopts by rule.123
43-34-324.124
(a) This Code section shall not apply to persons who are enrolled in an anesthesiologist125
assistant education program approved by the board.126
(b) An anesthesiologist assistant may practice medicine only under the supervision of an127
anesthesiologist. The anesthesiologist assistant may perform only those duties and128
responsibilities delegated to the anesthesiologist assistant by the supervising129
anesthesiologist pursuant to a job description.130
(c) The supervising anesthesiologist or an alternate supervising anesthesiologist shall be131
allowed to supervise anesthesiologist assistants in a manner consistent with federal rules132
or regulations for reimbursement for anesthesia services.133
(d) The supervising anesthesiologist or an alternate supervising anesthesiologist shall be134
immediately available to the anesthesiologist assistant such that the supervising135
anesthesiologist or an alternate supervising anesthesiologist is able to intervene if needed136
in the delivery of medical care.137
(e) An anesthesiologist assistant's practice may not exceed his or her education, training,138
or the scope of practice of the supervising anesthesiologist or an alternate supervising139
anesthesiologist.140 23 LC 33 9308
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(f) Nothing in this article shall prevent an anesthesiologist assistant from having access to141
and being able to administer prescription drugs as directed by the supervising142
anesthesiologist or an alternate supervising anesthesiologist.143
43-34-325.144
(a) A supervising anesthesiologist or an alternate supervising anesthesiologist may145
delegate the authority contained in subsection (b) of this Code section to an146
anesthesiologist assistant in accordance with a job description.147
(b) A supervising anesthesiologist or an alternate supervising anesthesiologist may148
delegate to an anesthesiologist assistant:149
(1) The authority to order controlled substances selected from a formulary of such drugs150
established by the board and the authority to order dangerous drugs, medical treatments,151
and diagnostic studies;152
(2) The authority to request, receive, and sign for professional samples and to distribute153
professional samples to patients. The office or facility at which the anesthesiologist154
assistant is working shall maintain a general list of the professional samples approved by155
the delegating anesthesiologist for request, receipt, and distribution by the156
anesthesiologist assistant as well as a complete list of the specific number and dosage of157
each professional sample and medication voucher received. Professional samples that are158
distributed by an anesthesiologist assistant shall be so noted in the patient's medical159
record. In addition to the requirements of this Code section, all professional samples160
shall be maintained as required by applicable state and federal laws and regulations; and161
(3) The authority to sign, certify, and endorse all documents relating to health care162
provided to a patient within his or her scope of authorized practice, including, but not163
limited to, documents relating to physical examination forms of all state agencies and164
verification and evaluation forms of the Department of Human Services, the State Board165
of Education, local boards of education, the Department of Community Health, and the166 23 LC 33 9308
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Department of Corrections; provided, however, that an anesthesiologist assistant shall not167
have the authority to sign death certificates or assign a percentage of a disability rating.168
(c) An anesthesiologist assistant authorized by a supervising anesthesiologist to order169
controlled substances pursuant to this Code section is authorized to register with the United170
States Drug Enforcement Administration.171
43-34-326.172
The board shall have all authority to impose on an anesthesiologist assistant any sanction173
authorized under Code Section 43-34-8 upon a finding of any conduct specified in Code174
Section 43-34-8.175
43-34-327.176
(a) The board may issue a new license to an anesthesiologist assistant whose license was177
previously revoked by the board if the applicant applies in writing to the board and178
demonstrates to the board's satisfaction that the applicant is completely rehabilitated with179
respect to the conduct that was the basis for the revocation. In making its decision, the180
board shall determine:181
(1) Whether the applicant has engaged in any conduct during the revocation period that182
would constitute a basis for revocation pursuant to rules adopted by the board;183
(2) If a criminal conviction was a basis of the revocation, whether the applicant's civil184
rights have been fully restored pursuant to statute or judicial or executive order;185
(3) Whether the applicant has made restitution to any aggrieved person as ordered by a186
court of competent jurisdiction; and187
(4) Whether the applicant demonstrates any other standard of rehabilitation the board188
determines is appropriate.189
(b) Except as provided in subsection (c) of this Code section, a person shall not apply for190
license reinstatement until two years after the date of revocation.191 23 LC 33 9308
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(c) If a license revocation was based on a conviction of a felony or an offense involving192
moral turpitude and that conviction has been reversed on appeal, the board shall reverse its193
previous order to revoke the license, and the anesthesiologist assistant may apply for194
reinstatement as soon as the court enters its reversal.195
(d) An application for reinstatement shall comply with all initial licensure requirements196
prescribed by this article and rules and regulations adopted by the board pursuant to this197
article.198
43-34-328.199
Any person practicing as an anesthesiologist assistant or representing that he or she is an200
anesthesiologist assistant without a license, or any person employing an unlicensed person201
to practice as an anesthesiologist assistant, is guilty of a misdemeanor and upon conviction202
shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more203
than one year, or both. Each violation constitutes a separate offense for which the penalty204
in this Code section may be assessed.205
43-34-329.206
(a) Notwithstanding any provision of this article to the contrary, an anesthesiologist207
assistant licensed pursuant to this article or licensed, certified, or otherwise authorized to208
practice in any other state or federal jurisdiction and whose license, certification, or209
authorization is in good standing who responds to a need for medical care created by210
conditions which characterize those of a state of emergency or public health emergency211
may render such care that the anesthesiologist assistant is able to provide with such212
supervision as is available at the immediate scene or at the local site where such need for213
medical care exists or at a relief site established as part of a state or local safety plan214
established pursuant to Chapter 3 of Title 38. Such services shall be provided by an215
anesthesiologist assistant in response to the request of an appropriate state or local official216 23 LC 33 9308
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implementing a state or local emergency management plan or program, and in accordance217
with applicable guidelines established by such officials or plans. The authority granted by218
this Code section shall last no longer than 48 hours or such time as the board may establish219
under guidelines for supervision of the anesthesiologist assistant rendering medical care.220
(b) For the purposes of this Code section, the term 'public health emergency' has the same221
meaning as in paragraph (6) of Code Section 38-3-3, and the term 'state of emergency' has222
the same meaning as in paragraph (7) of Code Section 38-3-3."223
SECTION 4.224
All laws and parts of laws in conflict with this Act are repealed.225