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2 | 2 | | SENATE DOCKET, NO. 1923 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1499 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | John J. Cronin |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to anesthesiologist assistants. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :John J. CroninWorcester and Middlesex 1 of 5 |
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16 | 16 | | SENATE DOCKET, NO. 1923 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1499 |
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18 | 18 | | By Mr. Cronin, a petition (accompanied by bill, Senate, No. 1499) of John J. Cronin for |
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19 | 19 | | legislation relative to anesthesiologist assistants. Public Health. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 1347 OF 2023-2024.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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25 | 25 | | (2025-2026) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act relative to anesthesiologist assistants. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 Chapter 112 of the General laws is hereby amended by adding the following sections |
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31 | 31 | | 2after section 12GG: |
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32 | 32 | | 3 Section 12HH. As used in sections 12HH to 12MM, inclusive, the following words shall |
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33 | 33 | | 4have the following meanings: |
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34 | 34 | | 5 (i) “Anesthesiologist” means a physician who is licensed under section 2 of chapter 112 |
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35 | 35 | | 6and has completed a residency in anesthesiology approved by the American Board of |
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36 | 36 | | 7Anesthesiology or the American Osteopathic Board of Anesthesiology; |
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37 | 37 | | 8 (ii) "Anesthesiologist assistant" means any person who assists in the practice of medicine |
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38 | 38 | | 9under the supervision of an anesthesiologist or group of anesthesiologists approved by the board |
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39 | 39 | | 10to supervise such assistant; 2 of 5 |
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40 | 40 | | 11 (i) "Assists" means the anesthesiologist assistant may personally perform those duties and |
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41 | 41 | | 12responsibilities delegated to him by his supervising anesthesiologist with the supervising |
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42 | 42 | | 13anesthesiologist being physically present in the same facility. |
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43 | 43 | | 14 (ii) "Back-up anesthesiologist" means a board approved physician anesthesiologist |
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44 | 44 | | 15designated by the supervising anesthesiologist to ensure supervision of the anesthesiologist |
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45 | 45 | | 16assistant in the supervising anesthesiologist's absence. A back up anesthesiologist is subject to |
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46 | 46 | | 17the same requirements imposed upon the supervising anesthesiologist if the back-up |
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47 | 47 | | 18anesthesiologist is acting as a supervising anesthesiologist; |
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48 | 48 | | 19 (iii) “Board” means the Board of Registration in Medicine; |
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49 | 49 | | 20 (iv) "Supervising anesthesiologist" means a: |
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50 | 50 | | 21 i. Anesthesiologist who utilizes and agrees to be responsible for the medical acts of a |
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51 | 51 | | 22board-approved anesthesiologist assistant; or |
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52 | 52 | | 23 ii. Back-up anesthesiologist when acting in the absence of the supervising |
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53 | 53 | | 24anesthesiologist; |
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54 | 54 | | 25 (v) "Supervision" means the ready, on-site availability of the supervising anesthesiologist |
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55 | 55 | | 26for consultation and direction of the activities of the anesthesiologist assistant; |
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56 | 56 | | 27 (vi) “In the same facility” refers to anywhere in the facility where anesthesia services |
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57 | 57 | | 28may be needed including but not limited to the operating room suites, intensive care unit, |
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58 | 58 | | 29emergency room, obstetric suite, endoscopy suite, radiology suite, cardiac services suite, and |
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59 | 59 | | 30recovery room. 3 of 5 |
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60 | 60 | | 31 Section 12II. Notwithstanding any other provision of law, an anesthesiologist assistant |
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61 | 61 | | 32may assist in the practice of medicine relating to the provision of anesthesia services under the |
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62 | 62 | | 33supervision of a licensed anesthesiologist. The anesthesiologist assistant may perform those |
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63 | 63 | | 34duties and responsibilities delegated to him by the supervising anesthesiologist when the duties |
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64 | 64 | | 35and responsibilities are provided under the supervision of a licensed anesthesiologist approved |
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65 | 65 | | 36by the board. The board may adopt rules and regulations to implement the provisions of sections |
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66 | 66 | | 3712HH to 12MM that include scope of practice of an anesthesiologist assistant including |
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67 | 67 | | 38requirements and limitations on the provision of anesthesia services by an anesthesiologist |
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68 | 68 | | 39assistant as determined by the board to be in the best interests of patient health and safety and |
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69 | 69 | | 40consistent with the standards of care established by the National Commission for Certification of |
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70 | 70 | | 41Anesthesiologist Assistants.. Regulations adopted by the board pursuant to this section shall |
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71 | 71 | | 42include the following provisions: |
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72 | 72 | | 43 (1) An anesthesiologist assistant must be supervised by an anesthesiologist licensed under |
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73 | 73 | | 44section 2 of chapter112 who is actively engaged in clinical practice and available on-site to |
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74 | 74 | | 45provide assistance to the anesthesiologist assistant. |
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75 | 75 | | 46 (2) Anesthesiologist assistants must comply with all continuing education requirements |
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76 | 76 | | 47and recertification requirements of the National Commission for Certification of |
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77 | 77 | | 48Anesthesiologist Assistants or its successor organization. |
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78 | 78 | | 49 Section 12JJ. The board shall register and issue licenses to anesthesiologists assistants in |
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79 | 79 | | 50the commonwealth, take appropriate disciplinary action against anesthesiologist assistants, |
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80 | 80 | | 51approve and issue certificates of approval of programs for the training of anesthesiologist |
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81 | 81 | | 52assistants and maintain a current roster of persons serving as anesthesiologist assistants in the 4 of 5 |
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82 | 82 | | 53commonwealth as well as a list of approved training programs. Disciplinary action may include |
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83 | 83 | | 54revocation or suspension of license, censure or other disciplinary action, including the imposition |
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84 | 84 | | 55of restrictions upon a license relating to a violation of the boards regulations. |
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85 | 85 | | 56 Section 12KK. (a) Applications for licensure as an anesthesiology assistant shall be |
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86 | 86 | | 57submitted in accordance with procedures established by the board. The board may grant an |
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87 | 87 | | 58anesthesiologist assistant license to an applicant who: |
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88 | 88 | | 59 (i) Has graduated from an anesthesiologist assistant program accredited by the |
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89 | 89 | | 60Commission on Accreditation of Allied Health Education Programs (CAAHEP) or its |
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90 | 90 | | 61predecessor or successor organization; |
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91 | 91 | | 62 (ii) Has satisfactorily completed a certification examination administered by the National |
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92 | 92 | | 63Commission for Certification of Anesthesiologist Assistants or other national certifying agency |
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93 | 93 | | 64established for such purposes which has been reviewed and approved by the board and is |
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94 | 94 | | 65currently certified; |
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95 | 95 | | 66 (iii) Completes an application form and pays a licensing fee in an amount determined by |
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96 | 96 | | 67the board. |
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97 | 97 | | 68 (b) The board may issue a temporary license to any person who successfully completes a |
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98 | 98 | | 69CAAHEP or other board approved program for the education and training of an anesthesiologist |
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99 | 99 | | 70assistant but has not passed a certification examination. To allow the opportunity to take the |
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100 | 100 | | 71next available certification examination, any temporary license issued pursuant to this subsection |
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101 | 101 | | 72shall be issued for a period not to exceed one (1) year. 5 of 5 |
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102 | 102 | | 73 (c) All licenses other than temporary licenses expire annually on December 31. An |
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103 | 103 | | 74anesthesiologist assistant may renew his license by completing and submitting a renewal |
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104 | 104 | | 75application form published by the board and renewal fee to the board prior to expiration of his |
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105 | 105 | | 76current license. |
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106 | 106 | | 77 (d) The board may reinstate a lapsed license if the applicant pays a reinstatement fee and |
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107 | 107 | | 78meets the requirements for the granting of an initial license. |
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108 | 108 | | 79 Section 12LL. Notwithstanding any provision of law to the contrary, nothing in Sections |
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109 | 109 | | 8012HH to 12MM shall be construed to prevent an anesthesiologist assistant from having access to |
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110 | 110 | | 81and being able to obtain drugs as ordered and directed by the supervising anesthesiologist. |
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111 | 111 | | 82 Section 12MM. Any person practicing as an anesthesiologist assistant or representing that |
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112 | 112 | | 83he is an anesthesiologist assistant without a license or any person employing an unlicensed |
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113 | 113 | | 84person to practice as an anesthesiologist assistant shall be punished by a fine of not less than |
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114 | 114 | | 85$100 and not more than $1,000 or by imprisonment for not less than 30 days and not more than 1 |
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115 | 115 | | 86year in the house of corrections, or by both such fine and imprisonment. |
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