| 12 | 8 | | businesses, so as to provide for the licensure and regulation of healthcare providers; to2 |
|---|
| 13 | 9 | | provide for licensure of advanced practice registered nurses; to revise definitions; to provide3 |
|---|
| 14 | 10 | | for licensure requirements; to provide for renewal of licenses; to provide for a misdemeanor4 |
|---|
| 15 | 11 | | to practice advanced practice registered nursing without a license; to enact the5 |
|---|
| 16 | 12 | | "Anesthesiologist Assistant Act"; to provide for an anesthesiologist assistant to be appointed6 |
|---|
| 17 | 13 | | in an advisory capacity to the Georgia Composite Medical Board; to provide for definitions;7 |
|---|
| 18 | 14 | | to provide for powers and duties of the Georgia Composite Medical Board as they relate to8 |
|---|
| 19 | 15 | | anesthesiologist assistants; to provide for licensure rules and requirements; to define the9 |
|---|
| 20 | 16 | | scope of practice for anesthesiologist assistants; to provide for regulation of the profession;10 |
|---|
| 21 | 17 | | to provide for rules and requirements for licensure reinstatement; to provide for penalties for11 |
|---|
| 22 | 18 | | unauthorized practice; to provide for practice during emergencies; to provide for related12 |
|---|
| 23 | 19 | | matters; to repeal conflicting laws; and for other purposes.13 |
|---|
| 34 | 28 | | professional nurse who is licensed by the board under this article or who holds a20 |
|---|
| 35 | 29 | | multistate license under Article 4 of this chapter who meets those educational, practice,21 |
|---|
| 36 | 30 | | certification requirements, or any combination of such requirements as specified in Code22 |
|---|
| 37 | 31 | | Section 43-26-7.1 and established by the board, and includes certified nurse midwives,23 |
|---|
| 38 | 32 | | certified nurse practitioners, certified registered nurse anesthetists, clinical nurse24 |
|---|
| 39 | 33 | | specialists and clinical nurse specialists in psychiatric/mental health, and others25 |
|---|
| 40 | 34 | | recognized by the board.26 |
|---|
| 41 | 35 | | (1.1) 'Advanced practice registered nurse' means:27 |
|---|
| 42 | 36 | | (A) A person a registered professional nurse who is licensed by the board under this28 |
|---|
| 43 | 37 | | article or who holds a multistate license under Article 4 of this chapter, who is29 |
|---|
| 44 | 38 | | recognized by the board as having met the requirements as specified in Code Section30 |
|---|
| 45 | 39 | | 43-26-7.1 and established by the board to engage in advanced nursing practice, and who31 |
|---|
| 46 | 40 | | holds a master's degree or other graduate degree from an approved nursing education32 |
|---|
| 47 | 41 | | program and national board certification in his or her area of specialty, within one of33 |
|---|
| 48 | 42 | | the following roles: a certified nurse midwife, a certified nurse practitioner, a certified34 |
|---|
| 49 | 43 | | registered nurse anesthetist, or a clinical nurse specialist or clinical nurse specialist in35 |
|---|
| 50 | 44 | | psychiatric/mental health; or36 |
|---|
| 51 | 45 | | (B) A a person who was recognized as an advanced practice registered nurse by the37 |
|---|
| 52 | 46 | | board on or before June 30, 2006.38 |
|---|
| 53 | 47 | | This paragraph shall not be construed to require a certified registered nurse anesthetist39 |
|---|
| 54 | 48 | | who graduated from an approved nurse anesthetist educational program prior to January40 |
|---|
| 64 | 56 | | advanced practice registered nurse."46 |
|---|
| 65 | 57 | | SECTION 2.47 |
|---|
| 66 | 58 | | Said title is further amended in Chapter 26, relating to nurses, by adding a new Code section48 |
|---|
| 67 | 59 | | to read as follows:49 |
|---|
| 68 | 60 | | "43-26-7.1.50 |
|---|
| 69 | 61 | | (a) Any applicant who meets the requirements of this Code section shall be eligible for51 |
|---|
| 70 | 62 | | licensure as an advanced practice registered nurse.52 |
|---|
| 71 | 63 | | (b) An applicant for initial licensure to practice as an advanced practice registered nurse53 |
|---|
| 72 | 64 | | shall:54 |
|---|
| 73 | 65 | | (1) Submit a completed written application and fee;55 |
|---|
| 74 | 66 | | (2) Be currently licensed by the board as a registered professional nurse or hold a56 |
|---|
| 75 | 67 | | multistate license under Article 4 of this chapter;57 |
|---|
| 76 | 68 | | (3) Have completed an accredited graduate or postgraduate level advanced practice58 |
|---|
| 77 | 69 | | registered nursing program in one of the four roles specified under subparagraph (A) of59 |
|---|
| 78 | 70 | | paragraph (1.1) of Code Section 43-26-3 and in at least one population focus;60 |
|---|
| 79 | 71 | | (4) Be currently certified by a national certifying body recognized by the board in an61 |
|---|
| 80 | 72 | | advanced practice registered nursing program in a role and population focus appropriate62 |
|---|
| 81 | 73 | | for educational preparation;63 |
|---|
| 82 | 74 | | (5) Have satisfactory results from a fingerprint record check report conducted by the64 |
|---|
| 83 | 75 | | Georgia Crime Information Center and the Federal Bureau of Investigation, as65 |
|---|
| 84 | 76 | | determined by the board. Application for licensure under this subsection shall constitute66 |
|---|
| 87 | 79 | | - 4 - |
|---|
| 88 | 80 | | Each applicant who submits an application to the board for licensure agrees to provide68 |
|---|
| 89 | 81 | | the board with any and all information necessary to run a criminal background check,69 |
|---|
| 90 | 82 | | including, but not limited to, classifiable sets of fingerprints. The applicant shall be70 |
|---|
| 91 | 83 | | responsible for all fees associated with the performance of such criminal background71 |
|---|
| 92 | 84 | | check; and72 |
|---|
| 93 | 85 | | (6) Meet such other criteria as established by the board.73 |
|---|
| 94 | 86 | | (c) An applicant for reinstatement of licensure who has previously held a valid advanced74 |
|---|
| 95 | 87 | | practice registered nurse license in Georgia shall:75 |
|---|
| 96 | 88 | | (1) Submit a completed written application and fee;76 |
|---|
| 97 | 89 | | (2) Meet continuing competency requirements as established by the board;77 |
|---|
| 98 | 90 | | (3) Have satisfactory results from a fingerprint record check report conducted by the78 |
|---|
| 99 | 91 | | Georgia Crime Information Center and the Federal Bureau of Investigation, as79 |
|---|
| 100 | 92 | | determined by the board. Application for reinstatement of licensure under this subsection80 |
|---|
| 101 | 93 | | shall constitute express consent and authorization for the board to perform a criminal81 |
|---|
| 102 | 94 | | background check. Each applicant who submits an application to the board for82 |
|---|
| 103 | 95 | | reinstatement of licensure agrees to provide the board with any and all information83 |
|---|
| 104 | 96 | | necessary to run a criminal background check, including, but not limited to, classifiable84 |
|---|
| 105 | 97 | | sets of fingerprints. The applicant shall be responsible for all fees associated with the85 |
|---|
| 106 | 98 | | performance of such criminal background check; and86 |
|---|
| 107 | 99 | | (4) Meet such other criteria as established by the board."87 |
|---|
| 108 | 100 | | SECTION 3.88 |
|---|
| 109 | 101 | | Said title is further amended by revising Code Section 43-26-9, relating to biennial renewal89 |
|---|
| 110 | 102 | | of nursing licenses, continuing competency requirements, voluntary surrender or failure to90 |
|---|
| 123 | 113 | | as a registered professional under this article shall meet one of the following continuing99 |
|---|
| 124 | 114 | | competency requirements during the previous licensure period:100 |
|---|
| 125 | 115 | | (1) Completion of 30 continuing education hours by a board approved provider;101 |
|---|
| 126 | 116 | | (2) Maintenance of certification or recertification by a national certifying body102 |
|---|
| 127 | 117 | | recognized by the board;103 |
|---|
| 128 | 118 | | (3) Completion of an accredited academic program of study in nursing or a related field,104 |
|---|
| 129 | 119 | | as recognized by the board;105 |
|---|
| 130 | 120 | | (4) Verification of competency by a health care facility or entity licensed under Chapter106 |
|---|
| 131 | 121 | | 7 of Title 31 or by a physician's office that is part of a health system and at least 500107 |
|---|
| 132 | 122 | | hours practiced as evidenced by employer certification on a form approved by the board;108 |
|---|
| 133 | 123 | | or109 |
|---|
| 134 | 124 | | (5) Other activities as prescribed and approved by the board that show competency in the110 |
|---|
| 135 | 125 | | nursing field.111 |
|---|
| 136 | 126 | | Failure to meet the minimum continuing competency requirement for renewal of a license112 |
|---|
| 137 | 127 | | shall be grounds for denial of a renewal application. The board may waive or modify the113 |
|---|
| 138 | 128 | | requirements contained in this subsection in cases of hardship, disability, or illness or under114 |
|---|
| 139 | 129 | | such other circumstances as the board, in its discretion, deems appropriate. An applicant115 |
|---|
| 140 | 130 | | who is renewing a license for the first time shall not be required to meet the requirements116 |
|---|
| 141 | 131 | | of this subsection until the time of the second renewal if the applicant's initial license117 |
|---|
| 144 | 134 | | - 6 - |
|---|
| 145 | 135 | | (d) Advanced practice registered nurse licenses issued under this article shall be issued to119 |
|---|
| 146 | 136 | | an advanced practice registered nurse who remits the required fee and complies with120 |
|---|
| 147 | 137 | | requirements established by the board.121 |
|---|
| 148 | 138 | | (c)(e) The voluntary surrender of a license or the failure to renew a license by the end of122 |
|---|
| 149 | 139 | | an established penalty period shall have the same effect as a revocation of said license,123 |
|---|
| 150 | 140 | | subject to reinstatement at the discretion of the board. The board may restore and reissue124 |
|---|
| 151 | 141 | | a license and, as a condition thereof, may impose any disciplinary sanction provided by125 |
|---|
| 152 | 142 | | Code Section 43-1-19 or 43-26-11."126 |
|---|
| 153 | 143 | | SECTION 4.127 |
|---|
| 154 | 144 | | Said title is further amended by revising Code Section 43-26-10, relating to practicing as a128 |
|---|
| 155 | 145 | | registered professional nurse without a license prohibited, as follows:129 |
|---|
| 156 | 146 | | "43-26-10.130 |
|---|
| 157 | 147 | | It shall be a misdemeanor for any person, including any corporation, association, or131 |
|---|
| 158 | 148 | | individual, to:132 |
|---|
| 159 | 149 | | (1) Practice nursing as a registered professional nurse, or advanced practice registered133 |
|---|
| 160 | 150 | | nurse without a valid, current license, except as otherwise permitted under Code Section134 |
|---|
| 161 | 151 | | 43-26-12;135 |
|---|
| 162 | 152 | | (2) Practice nursing as a registered professional nurse or advanced practice registered136 |
|---|
| 163 | 153 | | nurse under cover of any diploma, license, or record illegally or fraudulently obtained,137 |
|---|
| 164 | 154 | | signed, or issued;138 |
|---|
| 165 | 155 | | (3) Practice nursing as a registered professional nurse or advanced practice registered139 |
|---|
| 166 | 156 | | nurse during the time the license is suspended, revoked, surrendered, or administratively140 |
|---|
| 167 | 157 | | revoked for failure to renew;141 |
|---|
| 168 | 158 | | (4) Use any words, abbreviations, figures, letters, title, sign, card, or device implying that142 |
|---|
| 178 | 166 | | (6) Knowingly employ any person to practice nursing as a registered professional nurse148 |
|---|
| 179 | 167 | | or advanced practice registered nurse who is not a registered professional nurse or149 |
|---|
| 180 | 168 | | advanced practice registered nurse;150 |
|---|
| 181 | 169 | | (7) Conduct a nursing education program preparing persons to practice nursing as151 |
|---|
| 182 | 170 | | registered professional nurses unless the program has been approved by the board; or152 |
|---|
| 183 | 171 | | (8) Knowingly aid or abet any person to violate this article."153 |
|---|
| 184 | 172 | | SECTION 5.154 |
|---|
| 185 | 173 | | Said title is further amended by revising subsection (e) of Code Section 43-34-2, relating to155 |
|---|
| 186 | 174 | | creation of the Georgia Composite Medical Board, members, physician assistants advisory156 |
|---|
| 187 | 175 | | committee, review of qualifications, and required training, as follows:157 |
|---|
| 188 | 176 | | "(e)(1) The board shall appoint a Physician Assistants Advisory Committee composed158 |
|---|
| 189 | 177 | | of four physicians, at least two of whom shall be members of the board, and four licensed159 |
|---|
| 190 | 178 | | physician assistants, who shall each serve for terms of office of two years and until their160 |
|---|
| 191 | 179 | | successors are appointed and qualified. The committee shall review matters to come161 |
|---|
| 192 | 180 | | before the board which relate to physician assistants, including, but not limited to,162 |
|---|
| 193 | 181 | | applicants for physician assistant licensure and relicensure and education requirements163 |
|---|
| 194 | 182 | | therefor, and proposed board regulations concerning physician assistants. The committee164 |
|---|
| 195 | 183 | | shall periodically make recommendations to the board regarding matters reviewed. Each165 |
|---|
| 196 | 184 | | member of the advisory committee shall be entitled to the same expense allowances,166 |
|---|
| 197 | 185 | | mileage allowances, and reimbursement as members of the board as provided for in this167 |
|---|
| 208 | 194 | | the board. The advisory person shall serve at the pleasure of the committee as an ex174 |
|---|
| 209 | 195 | | officio adviser to the board in all matters relating to anesthesiologist assistants and shall175 |
|---|
| 210 | 196 | | share in the privileges and benefits of the board without a vote."176 |
|---|
| 211 | 197 | | SECTION 6.177 |
|---|
| 212 | 198 | | Said title is further amended in Chapter 34, relating to professions and businesses, by178 |
|---|
| 213 | 199 | | enacting a new article to read as follows:179 |
|---|
| 214 | 200 | | "ARTICLE 13180 |
|---|
| 215 | 201 | | 43-34-320.181 |
|---|
| 216 | 202 | | This article shall be known and may be cited as the 'Anesthesiologist Assistant Act.'182 |
|---|
| 217 | 203 | | 43-34-321.183 |
|---|
| 218 | 204 | | As used in this article, the term:184 |
|---|
| 219 | 205 | | (1) 'Alternate supervising anesthesiologist' means an anesthesiologist to whom a board185 |
|---|
| 220 | 206 | | approved supervising anesthesiologist has delegated the responsibility of supervising an186 |
|---|
| 221 | 207 | | anesthesiologist assistant and who agrees to supervise the anesthesiologist assistant for187 |
|---|
| 222 | 208 | | the supervising anesthesiologist and who is on record with the board.188 |
|---|
| 223 | 209 | | (2) 'Anesthesiologist' means a physician licensed pursuant to this chapter who has189 |
|---|
| 224 | 210 | | completed a residency in anesthesiology approved by the American Board of190 |
|---|
| 227 | 213 | | - 9 - |
|---|
| 228 | 214 | | (3) 'Anesthesiologist assistant' means a person who has met the requirements of Code192 |
|---|
| 229 | 215 | | Section 43-34-323 and is licensed to practice medicine under the supervision of an193 |
|---|
| 230 | 216 | | anesthesiologist.194 |
|---|
| 231 | 217 | | (4) 'Certification examination' means the initial certifying examination approved by the195 |
|---|
| 232 | 218 | | board for the certification of anesthesiologist assistants, which may include the196 |
|---|
| 233 | 219 | | examination administered by the National Commission for the Certification of197 |
|---|
| 234 | 220 | | Anesthesiologist Assistants or other national anesthesiologist assistant certifying agency198 |
|---|
| 235 | 221 | | that has been reviewed and approved by the board.199 |
|---|
| 236 | 222 | | (5) 'Immediately available' means that a supervising anesthesiologist is immediately200 |
|---|
| 237 | 223 | | available if he or she is in physical proximity that allows the anesthesiologist to201 |
|---|
| 238 | 224 | | reestablish direct contact with the patient to meet medical needs and any urgent or202 |
|---|
| 239 | 225 | | emergent clinical problems. These responsibilities may also be met through coordination203 |
|---|
| 240 | 226 | | among anesthesiologists of the same group or department.204 |
|---|
| 241 | 227 | | (6) 'Job description' means a document, signed by the supervising anesthesiologist and205 |
|---|
| 242 | 228 | | the anesthesiologist assistant whom the supervising anesthesiologist is supervising, in206 |
|---|
| 243 | 229 | | which the supervising anesthesiologist delegates to that anesthesiologist assistant207 |
|---|
| 244 | 230 | | authority to perform certain medical acts and which describes the professional208 |
|---|
| 245 | 231 | | background and specialty of the supervising anesthesiologist; describes the qualifications,209 |
|---|
| 246 | 232 | | including related experience of the anesthesiologist assistant; and includes a general210 |
|---|
| 247 | 233 | | description of how the anesthesiologist assistant will be utilized in the practice. A job211 |
|---|
| 248 | 234 | | description shall not be required to contain every activity the anesthesiologist deems the212 |
|---|
| 249 | 235 | | anesthesiologist assistant qualified to perform but shall confine the activities of the213 |
|---|
| 250 | 236 | | anesthesiologist assistant to those in the scope of practice of the supervising214 |
|---|
| 251 | 237 | | anesthesiologist.215 |
|---|
| 252 | 238 | | (7) 'Supervising anesthesiologist' means the anesthesiologist who has the primary216 |
|---|
| 253 | 239 | | responsibility for supervising the practice of an anesthesiologist assistant pursuant to that217 |
|---|
| 256 | 242 | | - 10 - |
|---|
| 257 | 243 | | (8) 'Supervision' means the availability of an anesthesiologist to delegate, coordinate,219 |
|---|
| 258 | 244 | | direct, and consult on the implementation of his or her intentions.220 |
|---|
| 259 | 245 | | 43-34-322.221 |
|---|
| 260 | 246 | | (a) The board shall review and determine the qualifications and fitness of all persons222 |
|---|
| 261 | 247 | | applying for a license to practice as an anesthesiologist assistant.223 |
|---|
| 262 | 248 | | (b) The board shall:224 |
|---|
| 263 | 249 | | (1) Grant, deny, revoke, and reinstate licenses;225 |
|---|
| 264 | 250 | | (2) Investigate allegations regarding improper conduct by anesthesiologist assistants that226 |
|---|
| 265 | 251 | | would be grounds for revocation of licensure;227 |
|---|
| 266 | 252 | | (3) Conduct informal interviews and hearings;228 |
|---|
| 267 | 253 | | (4) Adopt rules governing the practice of anesthesiologist assistants; and229 |
|---|
| 268 | 254 | | (5) Retain jurisdiction over all licensees who receive temporary or full licenses under this230 |
|---|
| 269 | 255 | | article, regardless of whether the license has expired or lapsed, or was relinquished during231 |
|---|
| 270 | 256 | | or after any alleged occurrence of conduct.232 |
|---|
| 271 | 257 | | 43-34-323.233 |
|---|
| 272 | 258 | | (a) A person shall not practice in this state as an anesthesiologist assistant or use the title234 |
|---|
| 273 | 259 | | or otherwise represent that the person is a licensed anesthesiologist assistant or use the235 |
|---|
| 274 | 260 | | credentials 'A.A.', 'C.A.A.', or anesthetist without having a license granted by the board236 |
|---|
| 275 | 261 | | pursuant to this article.237 |
|---|
| 276 | 262 | | (b) The board may grant an anesthesiologist assistant license to an applicant who:238 |
|---|
| 277 | 263 | | (1) Graduated from an anesthesiologist assistant program accredited by the Commission239 |
|---|
| 278 | 264 | | on Accreditation of Allied Health Education Programs or its predecessor or successor240 |
|---|
| 281 | 267 | | - 11 - |
|---|
| 282 | 268 | | (2) Successfully completed a certification examination and that is or was certified as of242 |
|---|
| 283 | 269 | | July 1, 2023, or was licensed in this state as a physician assistant in anesthesiology as of243 |
|---|
| 284 | 270 | | July 1, 2023;244 |
|---|
| 285 | 271 | | (3) Completes an application form prescribed by the board; and245 |
|---|
| 286 | 272 | | (4) Pays the required application fees as prescribed by the board in its rules.246 |
|---|
| 287 | 273 | | (c) A license issued pursuant to this article, other than a temporary license, shall be valid247 |
|---|
| 288 | 274 | | for a period of two years. A licensee shall renew the license every other year by248 |
|---|
| 289 | 275 | | completing and submitting to the board a renewal application form as prescribed by the249 |
|---|
| 290 | 276 | | board and the prescribed renewal fee before the current license expires. The board shall250 |
|---|
| 291 | 277 | | provide renewal notices to licensees at least one month before the expiration date.251 |
|---|
| 292 | 278 | | (d) The board may reinstate a lapsed license if the applicant pays a reinstatement fee as252 |
|---|
| 293 | 279 | | prescribed by the board in rule and meets the requirements for initial licensure.253 |
|---|
| 294 | 280 | | (e) Any person who has not successfully completed a certification examination may be254 |
|---|
| 295 | 281 | | issued a temporary license by the board if such person:255 |
|---|
| 296 | 282 | | (1) Completes a temporary license application;256 |
|---|
| 297 | 283 | | (2) Pays the required temporary license fee as prescribed by the board in rule; and257 |
|---|
| 298 | 284 | | (3) Has successfully graduated from a program accredited by the Commission on258 |
|---|
| 299 | 285 | | Accreditation of Allied Health Education Programs, or another board approved program259 |
|---|
| 300 | 286 | | for educating and training anesthesiologist assistants.260 |
|---|
| 301 | 287 | | Such person shall take the next available certification examination after receiving a261 |
|---|
| 302 | 288 | | temporary license. A temporary license shall not be issued for a period of more than262 |
|---|
| 303 | 289 | | 90 days and is subject to any other requirements the board adopts by rule.263 |
|---|
| 304 | 290 | | 43-34-324.264 |
|---|
| 305 | 291 | | (a) This Code section shall not apply to persons who are enrolled in an anesthesiologist265 |
|---|
| 308 | 294 | | - 12 - |
|---|
| 309 | 295 | | (b) An anesthesiologist assistant may practice medicine only under the supervision of an267 |
|---|
| 310 | 296 | | anesthesiologist. The anesthesiologist assistant may perform only those duties and268 |
|---|
| 311 | 297 | | responsibilities delegated to the anesthesiologist assistant by the supervising269 |
|---|
| 312 | 298 | | anesthesiologist pursuant to a job description.270 |
|---|
| 313 | 299 | | (c) The supervising anesthesiologist or an alternate supervising anesthesiologist shall be271 |
|---|
| 314 | 300 | | allowed to supervise anesthesiologist assistants in a manner consistent with federal rules272 |
|---|
| 315 | 301 | | or regulations for reimbursement for anesthesia services.273 |
|---|
| 316 | 302 | | (d) The supervising anesthesiologist or an alternate supervising anesthesiologist shall be274 |
|---|
| 317 | 303 | | immediately available to the anesthesiologist assistant such that the supervising275 |
|---|
| 318 | 304 | | anesthesiologist or an alternate supervising anesthesiologist is able to intervene if needed276 |
|---|
| 319 | 305 | | in the delivery of medical care.277 |
|---|
| 320 | 306 | | (e) An anesthesiologist assistant's practice may not exceed his or her education, training,278 |
|---|
| 321 | 307 | | or the scope of practice of the supervising anesthesiologist or an alternate supervising279 |
|---|
| 322 | 308 | | anesthesiologist.280 |
|---|
| 323 | 309 | | (f) Nothing in this article shall prevent an anesthesiologist assistant from having access to281 |
|---|
| 324 | 310 | | and being able to administer prescription drugs as directed by the supervising282 |
|---|
| 325 | 311 | | anesthesiologist or an alternate supervising anesthesiologist.283 |
|---|
| 326 | 312 | | 43-34-325.284 |
|---|
| 327 | 313 | | (a) A supervising anesthesiologist or an alternate supervising anesthesiologist may285 |
|---|
| 328 | 314 | | delegate the authority contained in subsection (b) of this Code section to an286 |
|---|
| 329 | 315 | | anesthesiologist assistant in accordance with a job description.287 |
|---|
| 330 | 316 | | (b) A supervising anesthesiologist or an alternate supervising anesthesiologist may288 |
|---|
| 331 | 317 | | delegate to an anesthesiologist assistant the authority to order controlled substances289 |
|---|
| 332 | 318 | | selected from a formulary of such drugs established by the board and the authority to order290 |
|---|
| 335 | 321 | | - 13 - |
|---|
| 336 | 322 | | (c) An anesthesiologist assistant authorized by a supervising anesthesiologist to order292 |
|---|
| 337 | 323 | | controlled substances pursuant to this Code section is authorized to register with the United293 |
|---|
| 338 | 324 | | States Drug Enforcement Administration.294 |
|---|
| 339 | 325 | | 43-34-326.295 |
|---|
| 340 | 326 | | The board shall have all authority to impose on an anesthesiologist assistant any sanction296 |
|---|
| 341 | 327 | | authorized under Code Section 43-34-8 upon a finding of any conduct specified in Code297 |
|---|
| 342 | 328 | | Section 43-34-8.298 |
|---|
| 343 | 329 | | 43-34-327.299 |
|---|
| 344 | 330 | | (a) The board may issue a new license to an anesthesiologist assistant whose license was300 |
|---|
| 345 | 331 | | previously revoked by the board if the applicant applies in writing to the board and301 |
|---|
| 346 | 332 | | demonstrates to the board's satisfaction that the applicant is completely rehabilitated with302 |
|---|
| 347 | 333 | | respect to the conduct that was the basis for the revocation. In making its decision, the303 |
|---|
| 348 | 334 | | board shall determine:304 |
|---|
| 349 | 335 | | (1) Whether the applicant has engaged in any conduct during the revocation period that305 |
|---|
| 350 | 336 | | would constitute a basis for revocation pursuant to rules adopted by the board;306 |
|---|
| 351 | 337 | | (2) If a criminal conviction was a basis of the revocation, whether the applicant's civil307 |
|---|
| 352 | 338 | | rights have been fully restored pursuant to statute or judicial or executive order;308 |
|---|
| 353 | 339 | | (3) Whether the applicant has made restitution to any aggrieved person as ordered by a309 |
|---|
| 354 | 340 | | court of competent jurisdiction; and310 |
|---|
| 355 | 341 | | (4) Whether the applicant demonstrates any other standard of rehabilitation the board311 |
|---|
| 356 | 342 | | determines is appropriate.312 |
|---|
| 357 | 343 | | (b) Except as provided in subsection (c) of this Code section, a person shall not apply for313 |
|---|
| 358 | 344 | | license reinstatement until two years after the date of revocation.314 |
|---|
| 359 | 345 | | (c) If a license revocation was based on a conviction of a felony or an offense involving315 |
|---|
| 362 | 348 | | - 14 - |
|---|
| 363 | 349 | | previous order to revoke the license, and the anesthesiologist assistant may apply for317 |
|---|
| 364 | 350 | | reinstatement as soon as the court enters its reversal.318 |
|---|
| 365 | 351 | | (d) An application for reinstatement shall comply with all initial licensure requirements319 |
|---|
| 366 | 352 | | prescribed by this article and rules and regulations adopted by the board pursuant to this320 |
|---|
| 367 | 353 | | article.321 |
|---|
| 368 | 354 | | 43-34-328.322 |
|---|
| 369 | 355 | | Any person practicing as an anesthesiologist assistant or representing that he or she is an323 |
|---|
| 370 | 356 | | anesthesiologist assistant without a license, or any person employing an unlicensed person324 |
|---|
| 371 | 357 | | to practice as an anesthesiologist assistant, is guilty of a misdemeanor and upon conviction325 |
|---|
| 372 | 358 | | shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more326 |
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| 373 | 359 | | than one year, or both. Each violation constitutes a separate offense for which the penalty327 |
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| 374 | 360 | | in this Code section may be assessed.328 |
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| 375 | 361 | | 43-34-329.329 |
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| 376 | 362 | | (a) Notwithstanding any provision of this article to the contrary, an anesthesiologist330 |
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| 377 | 363 | | assistant licensed pursuant to this article or licensed, certified, or otherwise authorized to331 |
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| 378 | 364 | | practice in any other state or federal jurisdiction and whose license, certification, or332 |
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| 379 | 365 | | authorization is in good standing who responds to a need for medical care created by333 |
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| 380 | 366 | | conditions which characterize those of a state of emergency or public health emergency334 |
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| 381 | 367 | | may render such care that the anesthesiologist assistant is able to provide with such335 |
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| 382 | 368 | | supervision as is available at the immediate scene or at the local site where such need for336 |
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| 383 | 369 | | medical care exists or at a relief site established as part of a state or local safety plan337 |
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| 384 | 370 | | established pursuant to Chapter 3 of Title 38. Such services shall be provided by an338 |
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| 385 | 371 | | anesthesiologist assistant in response to the request of an appropriate state or local official339 |
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| 386 | 372 | | implementing a state or local emergency management plan or program, and in accordance340 |
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