Missouri 2024 Regular Session

Missouri Senate Bill SB910 Latest Draft

Bill / Introduced Version Filed 12/05/2023

                             
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted 
and is intended to be omitted in the law. 
SECOND REGULAR SESSION 
SENATE BILL NO. 910 
102ND GENERAL ASSEMBLY  
INTRODUCED BY SENATOR BROWN (26). 
3540S.01I 	KRISTINA MARTIN, Secretary  
AN ACT 
To repeal sections 195.070, 334.104, and 335.019, RSMo, and to enact in lieu thereof five new 
sections relating to certified registered nurse anesthetists. 
 
Be it enacted by the General Assembly of the State of Missouri, as follows: 
     Section A.  Sections 195.070, 334.104, and 335.019, RSMo, 1 
are repealed and five new sections enacted in lieu thereof, to 2 
be known as sections 195.070, 334.104, 335.019, 335.038, and 3 
335.039, to read as follows:4 
     195.070.  1.  A physician, podiatrist, dentist, a 1 
registered optometrist certified to administer 2 
pharmaceutical agents as provided in section 336.220, or an 3 
assistant physician in accordance with section 334.037 or a 4 
physician assistant in accordance with section 334.747 in 5 
good faith and in the course of his or her professional 6 
practice only, may prescribe, administer, and dispense 7 
controlled substances or he or she may cause the same to be 8 
administered or dispensed by an individual as authorized by 9 
statute. 10 
     2.  An advanced practice registered nurse, as defined 11 
in section 335.016, but not a certified registered nurse 12 
anesthetist as defined in subdivision (8) of section  13 
335.016, who holds a certificate of controlled substance 14 
prescriptive authority from the board of nursing under 15 
section 335.019 and who is delegated the authority to 16 
prescribe controlled substances under a collaborative 17   SB 910 	2 
practice arrangement under section 334.104 may prescribe any 18 
controlled substances listed in Schedules III, IV, and V of 19 
section 195.017, and may have restricted authority in 20 
Schedule II.  Prescriptions for Schedule II medications 21 
prescribed by an advanced practice r egistered nurse who has 22 
a certificate of controlled substance prescriptive authority 23 
are restricted to only those medications containing 24 
hydrocodone and Schedule II controlled substances for 25 
hospice patients pursuant to the provisions of section 26 
334.104.  However, no such certified advanced practice 27 
registered nurse shall prescribe controlled substance for 28 
his or her own self or family.  Schedule III narcotic 29 
controlled substance and Schedule II - hydrocodone  30 
prescriptions shall be limited to a one hundred twenty-hour  31 
supply without refill. 32 
     3.  A certified registered nurse anesthetist, as 33 
defined in section 335.016, may select, issue orders for, 34 
and administer controlled substances listed in Schedules II, 35 
III, IV, and V of section 195.017 f or and during the course 36 
of providing anesthesia care to a patient for a surgical, 37 
obstetrical, therapeutic, or diagnostic procedure or 38 
treatment in accordance with subsection 3 of section 335.019 39 
and section 335.038; provided that the provisions of th is  40 
subsection shall not be construed as authorizing a certified 41 
registered nurse anesthetist to prescribe such controlled 42 
substances.  Notwithstanding any other provision of law to 43 
the contrary, a certified registered nurse anesthetist shall 44 
not be required to: 45 
     (1)  Enter into a collaborative practice arrangement 46 
pursuant to section 334.104; 47 
     (2)  Provide anesthesia services under the supervision 48 
of a physician, dentist, or podiatrist; or 49   SB 910 	3 
     (3)  Obtain a certificate of controlled substanc e  50 
prescriptive authority from the board of nursing as provided 51 
in section 335.019 52 
in order to exercise the authority provided in this  53 
subsection. 54 
     4.  A veterinarian, in good faith and in the course of 55 
the veterinarian's professional practice only, and not for  56 
use by a human being, may prescribe, administer, and 57 
dispense controlled substances and the veterinarian may 58 
cause them to be administered by an assistant or orderly 59 
under his or her direction and supervision. 60 
     [4.] 5.  A practitioner shall not accept any portion of 61 
a controlled substance unused by a patient, for any reason, 62 
if such practitioner did not originally dispense the drug, 63 
except: 64 
     (1)  When the controlled substance is delivered to the 65 
practitioner to administer to the patient for whom the 66 
medication is prescribed as authorized by federal law.   67 
Practitioners shall maintain records and secure the 68 
medication as required by this chapter and regulations 69 
promulgated pursuant to this chapter; or 70 
     (2)  As provided in section 195.265. 71 
     [5.] 6.  An individual practitioner shall not prescribe 72 
or dispense a controlled substance for such practitioner's 73 
personal use except in a medical emergency. 74 
     334.104.  1.  A physician may enter into collaborative 1 
practice arrangements with registered professional nurses.   2 
Collaborative practice arrangements shall be in the form of 3 
written agreements, jointly agreed -upon protocols, or 4 
standing orders for the delivery of health care services.   5 
Collaborative practice arrangements, which shall be in 6   SB 910 	4 
writing, may delegate to a registered professional nurse the 7 
authority to administer or dispense drugs and provide 8 
treatment as long as the delivery of such health care 9 
services is within the scope of practice of th e registered  10 
professional nurse and is consistent with that nurse's 11 
skill, training and competence. 12 
     2.  (1)  Collaborative practice arrangements, which 13 
shall be in writing, may delegate to a registered 14 
professional nurse the authority to administe r, dispense or  15 
prescribe drugs and provide treatment if the registered 16 
professional nurse is an advanced practice registered nurse 17 
as defined in subdivision (2) of section 335.016.   18 
Collaborative practice arrangements may delegate to an 19 
advanced practice registered nurse, as defined in section 20 
335.016, the authority to administer, dispense, or prescribe 21 
controlled substances listed in Schedules III, IV, and V of 22 
section 195.017, and Schedule II - hydrocodone; except that, 23 
the collaborative practice arrangement shall not delegate 24 
the authority to [administer] prescribe any controlled  25 
substances listed in Schedules III, IV, and V of section 26 
195.017, or Schedule II - hydrocodone for the purpose of 27 
inducing sedation or general anesthesia for therape utic,  28 
diagnostic, or surgical procedures.  Schedule III narcotic 29 
controlled substance and Schedule II - hydrocodone  30 
prescriptions shall be limited to a one hundred twenty -hour  31 
supply without refill. 32 
     (2)  Notwithstanding any other provision of this  33 
section to the contrary, a collaborative practice 34 
arrangement may delegate to an advanced practice registered 35 
nurse the authority to administer, dispense, or prescribe 36 
Schedule II controlled substances for hospice patients; 37 
provided, that the advance d practice registered nurse is 38   SB 910 	5 
employed by a hospice provider certified pursuant to chapter 39 
197 and the advanced practice registered nurse is providing 40 
care to hospice patients pursuant to a collaborative 41 
practice arrangement that designates the certif ied hospice  42 
as a location where the advanced practice registered nurse 43 
is authorized to practice and prescribe. 44 
     (3)  Such collaborative practice arrangements shall be 45 
in the form of written agreements, jointly agreed -upon  46 
protocols or standing ord ers for the delivery of health care 47 
services. 48 
     (4)  An advanced practice registered nurse may 49 
prescribe buprenorphine for up to a thirty -day supply  50 
without refill for patients receiving medication -assisted  51 
treatment for substance use disorders unde r the direction of 52 
the collaborating physician. 53 
     3.  The written collaborative practice arrangement 54 
shall contain at least the following provisions: 55 
     (1)  Complete names, home and business addresses, zip 56 
codes, and telephone numbers of the colla borating physician 57 
and the advanced practice registered nurse; 58 
     (2)  A list of all other offices or locations besides 59 
those listed in subdivision (1) of this subsection where the 60 
collaborating physician authorized the advanced practice 61 
registered nurse to prescribe; 62 
     (3)  A requirement that there shall be posted at every 63 
office where the advanced practice registered nurse is 64 
authorized to prescribe, in collaboration with a physician, 65 
a prominently displayed disclosure statement informing 66 
patients that they may be seen by an advanced practice 67 
registered nurse and have the right to see the collaborating 68 
physician; 69   SB 910 	6 
     (4)  All specialty or board certifications of the 70 
collaborating physician and all certifications of the 71 
advanced practice registered nurse; 72 
     (5)  The manner of collaboration between the 73 
collaborating physician and the advanced practice registered 74 
nurse, including how the collaborating physician and the 75 
advanced practice registered nurse will: 76 
     (a)  Engage in collaborative practice consistent with 77 
each professional's skill, training, education, and 78 
competence; 79 
     (b)  Maintain geographic proximity, except as specified 80 
in this paragraph.  The following provisions shall apply 81 
with respect to this requirement: 82 
     a.  Until August 28, 2025, an advanced practice 83 
registered nurse providing services in a correctional 84 
center, as defined in section 217.010, and his or her 85 
collaborating physician shall satisfy the geographic 86 
proximity requirement if they practice wit hin two hundred  87 
miles by road of one another.  An incarcerated patient who 88 
requests or requires a physician consultation shall be 89 
treated by a physician as soon as appropriate; 90 
     b.  The collaborative practice arrangement may allow 91 
for geographic proximity to be waived for a maximum of 92 
twenty-eight days per calendar year for rural health clinics 93 
as defined by Pub.L. 95 -210 (42 U.S.C. Section 1395x, as 94 
amended), as long as the collaborative practice arrangement 95 
includes alternative plans as requir ed in paragraph (c) of 96 
this subdivision.  This exception to geographic proximity 97 
shall apply only to independent rural health clinics, 98 
provider-based rural health clinics where the provider is a 99 
critical access hospital as provided in 42 U.S.C. Section  100 
1395i-4, and provider-based rural health clinics where the 101   SB 910 	7 
main location of the hospital sponsor is greater than fifty 102 
miles from the clinic; 103 
     c.  The collaborative practice arrangement may allow 104 
for geographic proximity to be waived when the arra ngement  105 
outlines the use of telehealth, as defined in section 106 
191.1145; 107 
     d.  In addition to the waivers and exemptions provided 108 
in this subsection, an application for a waiver for any 109 
other reason of any applicable geographic proximity shall be 110 
available if a physician is collaborating with an advanced 111 
practice registered nurse in excess of any geographic 112 
proximity limit.  The board of nursing and the state board 113 
of registration for the healing arts shall review each 114 
application for a waiver of geographic proximity and approve 115 
the application if the boards determine that adequate 116 
supervision exists between the collaborating physician and 117 
the advanced practice registered nurse.  The boards shall  118 
have forty-five calendar days to review the com pleted  119 
application for the waiver of geographic proximity.  If no  120 
action is taken by the boards within forty -five days after  121 
the submission of the application for a waiver, then the 122 
application shall be deemed approved.  If the application is 123 
denied by the boards, the provisions of section 536.063 for 124 
contested cases shall apply and govern proceedings for 125 
appellate purposes; and 126 
     e.  The collaborating physician is required to maintain 127 
documentation related to this requirement and to present it 128 
to the state board of registration for the healing arts when 129 
requested; and 130 
     (c)  Provide coverage during absence, incapacity, 131 
infirmity, or emergency by the collaborating physician; 132   SB 910 	8 
     (6)  A description of the advanced practice registered 133 
nurse's controlled substance prescriptive authority in 134 
collaboration with the physician, including a list of the 135 
controlled substances the physician authorizes the nurse to 136 
prescribe and documentation that it is consistent with each 137 
professional's education, knowledge, skill, and competence; 138 
     (7)  A list of all other written practice agreements of 139 
the collaborating physician and the advanced practice 140 
registered nurse; 141 
     (8)  The duration of the written practice agreement 142 
between the collaborating ph ysician and the advanced 143 
practice registered nurse; 144 
     (9)  A description of the time and manner of the 145 
collaborating physician's review of the advanced practice 146 
registered nurse's delivery of health care services.  The  147 
description shall include prov isions that the advanced 148 
practice registered nurse shall submit a minimum of ten 149 
percent of the charts documenting the advanced practice 150 
registered nurse's delivery of health care services to the 151 
collaborating physician for review by the collaborating 152 
physician, or any other physician designated in the 153 
collaborative practice arrangement, every fourteen days; 154 
     (10)  The collaborating physician, or any other 155 
physician designated in the collaborative practice 156 
arrangement, shall review every fourtee n days a minimum of 157 
twenty percent of the charts in which the advanced practice 158 
registered nurse prescribes controlled substances.  The  159 
charts reviewed under this subdivision may be counted in the 160 
number of charts required to be reviewed under subdivis ion  161 
(9) of this subsection; and 162 
     (11)  If a collaborative practice arrangement is used 163 
in clinical situations where a collaborating advanced 164   SB 910 	9 
practice registered nurse provides health care services that 165 
include the diagnosis and initiation of treatm ent for  166 
acutely or chronically ill or injured persons, then the 167 
collaborating physician or any other physician designated in 168 
the collaborative practice arrangement shall be present for 169 
sufficient periods of time, at least once every two weeks, 170 
except in extraordinary circumstances that shall be 171 
documented, to participate in a chart review and to provide 172 
necessary medical direction, medical services, 173 
consultations, and supervision of the health care staff. 174 
     4.  The state board of registration for the healing  175 
arts pursuant to section 334.125 and the board of nursing 176 
pursuant to section 335.036 may jointly promulgate rules 177 
regulating the use of collaborative practice arrangements.   178 
Such rules shall be limited to the methods of treatment that 179 
may be covered by collaborative practice arrangements and 180 
the requirements for review of services provided pursuant to 181 
collaborative practice arrangements including delegating 182 
authority to prescribe controlled substances.  Any rules  183 
relating to geographi c proximity shall allow a collaborating 184 
physician and a collaborating advanced practice registered 185 
nurse to practice within two hundred miles by road of one 186 
another until August 28, 2025, if the nurse is providing 187 
services in a correctional center, as defined in section 188 
217.010.  Any rules relating to dispensing or distribution 189 
of medications or devices by prescription or prescription 190 
drug orders under this section shall be subject to the 191 
approval of the state board of pharmacy.  Any rules relating 192 
to dispensing or distribution of controlled substances by 193 
prescription or prescription drug orders under this section 194 
shall be subject to the approval of the department of health 195 
and senior services and the state board of pharmacy.  In  196   SB 910 	10 
order to take effect, such rules shall be approved by a 197 
majority vote of a quorum of each board.  Neither the state  198 
board of registration for the healing arts nor the board of 199 
nursing may separately promulgate rules relating to 200 
collaborative practice arrangements.  Such jointly  201 
promulgated rules shall be consistent with guidelines for 202 
federally funded clinics.  The rulemaking authority granted 203 
in this subsection shall not extend to collaborative 204 
practice arrangements of hospital employees providing 205 
inpatient care within hospitals as defined pursuant to 206 
chapter 197 or population -based public health services as 207 
defined by 20 CSR 2150 -5.100 as of April 30, 2008. 208 
     5.  The state board of registration for the healing 209 
arts shall not deny, revoke, suspend or otherw ise take  210 
disciplinary action against a physician for health care 211 
services delegated to a registered professional nurse 212 
provided the provisions of this section and the rules 213 
promulgated thereunder are satisfied.  Upon the written  214 
request of a physician subject to a disciplinary action 215 
imposed as a result of an agreement between a physician and 216 
a registered professional nurse or registered physician 217 
assistant, whether written or not, prior to August 28, 1993, 218 
all records of such disciplinary licensur e action and all  219 
records pertaining to the filing, investigation or review of 220 
an alleged violation of this chapter incurred as a result of 221 
such an agreement shall be removed from the records of the 222 
state board of registration for the healing arts and t he  223 
division of professional registration and shall not be 224 
disclosed to any public or private entity seeking such 225 
information from the board or the division.  The state board  226 
of registration for the healing arts shall take action to 227 
correct reports of alleged violations and disciplinary 228   SB 910 	11 
actions as described in this section which have been 229 
submitted to the National Practitioner Data Bank.  In  230 
subsequent applications or representations relating to his 231 
or her medical practice, a physician completing fo rms or  232 
documents shall not be required to report any actions of the 233 
state board of registration for the healing arts for which 234 
the records are subject to removal under this section. 235 
     6.  Within thirty days of any change and on each 236 
renewal, the state board of registration for the healing 237 
arts shall require every physician to identify whether the 238 
physician is engaged in any collaborative practice 239 
arrangement, including collaborative practice arrangements 240 
delegating the authority to prescribe cont rolled substances, 241 
or physician assistant collaborative practice arrangement 242 
and also report to the board the name of each licensed 243 
professional with whom the physician has entered into such 244 
arrangement.  The board shall make this information 245 
available to the public.  The board shall track the reported 246 
information and may routinely conduct random reviews of such 247 
arrangements to ensure that arrangements are carried out for 248 
compliance under this chapter. 249 
     7.  [Notwithstanding any law to the contra ry,] (1)  A  250 
certified registered nurse anesthetist , as defined in  251 
subdivision (8) of section 335.016 , may, but shall [be  252 
permitted to provide anesthesia services without a 253 
collaborative practice arrangement provided that he or she 254 
is under the supervi sion of an anesthesiologist or other 255 
physician, dentist, or podiatrist who is immediately 256 
available if needed] not be required to: 257 
     (a)  Enter into a collaborative practice arrangement 258 
for the provision of anesthesia care to a patient for a 259 
surgical, obstetrical, therapeutic, or diagnostic procedure 260   SB 910 	12 
or treatment in accordance with subsection 3 of section 261 
335.019 and section 335.038; 262 
     (b)  Practice under the supervision of a physician, 263 
dentist, or podiatrist for the provision of anesthesia car e  264 
to a patient for a surgical, obstetrical, therapeutic, or 265 
diagnostic procedure or treatment in accordance with 266 
subsection 3 of section 335.019 and section 335.038; or 267 
     (c)  Obtain a certificate of controlled substance 268 
prescriptive authority from the board of nursing pursuant to 269 
section 335.019 for selecting, ordering, and administering 270 
the appropriate controlled substances, drugs, or anesthetic 271 
agents for providing anesthesia care . 272 
     (2)  Nothing in this subsection shall be construed to 273 
prohibit or prevent a certified registered nurse anesthetist 274 
as defined in subdivision (8) of section 335.016 from 275 
entering into a collaborative practice arrangement under 276 
this section, except that the collaborative practice 277 
arrangement may not delegate t he authority to prescribe any 278 
controlled substances listed in Schedules III, IV, and V of 279 
section 195.017, or Schedule II - hydrocodone. 280 
     8.  A collaborating physician shall not enter into a 281 
collaborative practice arrangement with more than six full - 282 
time equivalent advanced practice registered nurses, full - 283 
time equivalent licensed physician assistants, or full -time  284 
equivalent assistant physicians, or any combination 285 
thereof.  This limitation shall not apply to collaborative 286 
arrangements of hospi tal employees providing inpatient care 287 
service in hospitals as defined in chapter 197 or population - 288 
based public health services as defined by 20 CSR 2150 -5.100  289 
as of April 30, 2008, or to a certified registered nurse 290 
anesthetist providing anesthesia s ervices under the  291 
supervision of an anesthesiologist or other physician, 292   SB 910 	13 
dentist, or podiatrist who is immediately available if 293 
needed as set out in subsection 7 of this section. 294 
     9.  It is the responsibility of the collaborating 295 
physician to determine and document the completion of at 296 
least a one-month period of time during which the advanced 297 
practice registered nurse shall practice with the 298 
collaborating physician continuously present before 299 
practicing in a setting where the collaborating phys ician is  300 
not continuously present.  This limitation shall not apply 301 
to collaborative arrangements of providers of population - 302 
based public health services, as defined by 20 CSR 2150 - 303 
5.100 as of April 30, 2008, or to collaborative practice 304 
arrangements between a primary care physician and a primary 305 
care advanced practice registered nurse or a behavioral 306 
health physician and a behavioral health advanced practice 307 
registered nurse, where the collaborating physician is new 308 
to a patient population to whic h the advanced practice 309 
registered nurse is familiar. 310 
     10.  No agreement made under this section shall 311 
supersede current hospital licensing regulations governing 312 
hospital medication orders under protocols or standing 313 
orders for the purpose of deliv ering inpatient or emergency 314 
care within a hospital as defined in section 197.020 if such 315 
protocols or standing orders have been approved by the 316 
hospital's medical staff and pharmaceutical therapeutics 317 
committee. 318 
     11.  No contract or other term of employment shall  319 
require a physician to act as a collaborating physician for 320 
an advanced practice registered nurse against the 321 
physician's will.  A physician shall have the right to 322 
refuse to act as a collaborating physician, without penalty, 323 
for a particular advanced practice registered nurse.  No  324   SB 910 	14 
contract or other agreement shall limit the collaborating 325 
physician's ultimate authority over any protocols or 326 
standing orders or in the delegation of the physician's 327 
authority to any advanced practice r egistered nurse, but 328 
this requirement shall not authorize a physician in 329 
implementing such protocols, standing orders, or delegation 330 
to violate applicable standards for safe medical practice 331 
established by hospital's medical staff. 332 
     12.  No contract or other term of employment shall 333 
require any advanced practice registered nurse to serve as a 334 
collaborating advanced practice registered nurse for any 335 
collaborating physician against the advanced practice 336 
registered nurse's will.  An advanced practice registered  337 
nurse shall have the right to refuse to collaborate, without 338 
penalty, with a particular physician. 339 
     335.019.  1.  An advanced practice registered nurse's 1 
prescriptive authority shall include authority to: 2 
     (1)  Prescribe, dispense, and administer medications 3 
and nonscheduled legend drugs, as defined in section 4 
338.330, within such APRN's practice and specialty; and 5 
     (2)  Notwithstanding any other provision of this 6 
chapter to the contrary, receive, prescribe, adm inister, and  7 
provide nonscheduled legend drug samples from pharmaceutical 8 
manufacturers to patients at no charge to the patient or any 9 
other party. 10 
     2.  The board of nursing may grant a certificate of 11 
controlled substance prescriptive authority to an advanced  12 
practice registered nurse who: 13 
     (1)  Submits proof of successful completion of an 14 
advanced pharmacology course that shall include preceptorial 15 
experience in the prescription of drugs, medicines, and 16 
therapeutic devices; and 17   SB 910 	15 
     (2)  Provides documentation of a minimum of three 18 
hundred clock hours preceptorial experience in the 19 
prescription of drugs, medicines, and therapeutic devices 20 
with a qualified preceptor; and 21 
     (3)  Provides evidence of a minimum of one thousand 22 
hours of practice in an advanced practice nursing category 23 
prior to application for a certificate of prescriptive 24 
authority.  The one thousand hours shall not include 25 
clinical hours obtained in the advanced practice nursing 26 
education program.  The one thousand hours of practice in an 27 
advanced practice nursing category may include transmitting 28 
a prescription order orally or telephonically or to an 29 
inpatient medical record from protocols developed in 30 
collaboration with and signed by a licensed physician; and 31 
    (4)  Has a controlled substance prescribing authority 32 
delegated in the collaborative practice arrangement under 33 
section 334.104 with a physician who has an unrestricted 34 
federal Drug Enforcement Administration registration number 35 
and who is actively e ngaged in a practice comparable in 36 
scope, specialty, or expertise to that of the advanced 37 
practice registered nurse. 38 
     3.  Notwithstanding any other provision of law to the 39 
contrary, a certified registered nurse anesthetist may 40 
select, issue orders for, and administer controlled 41 
substances listed in Schedules II, III, IV, and V of section 42 
195.017 or other drugs or anesthetic agents for and during 43 
the course of providing anesthesia care to a patient for a 44 
surgical, obstetrical, therapeutic, or dia gnostic procedure  45 
or treatment.  A certified registered nurse anesthetist 46 
shall not be required to obtain a certificate of controlled 47 
substance prescriptive authority from the board of nursing 48 
for the provision of anesthesia care. 49   SB 910 	16 
     335.038.  1.  A certified registered nurse anesthetist 1 
shall be authorized to provide anesthesia care for a 2 
surgical, obstetrical, therapeutic, or diagnostic procedure 3 
or treatment pursuant to this section including, but not 4 
limited to, the authority to do the following during the 5 
provision of such services: 6 
     (1)  Provide pre-anesthesia and post-anesthesia care  7 
assessment; 8 
     (2)  Develop a plan of anesthesia care for the 9 
procedure or treatment; 10 
     (3)  Initiate and perform patient -specific anesthesia  11 
care in accordance with the plan of anesthesia care for the 12 
procedure or treatment; 13 
     (4)  Cooperate with the physician, dentist, or 14 
podiatrist for the provisions of patient care; 15 
     (5)  Order necessary tests and interpret diagnostic 16 
procedures in the period anesthesia care is provided for the 17 
procedure or treatment based on patient assessment and 18 
response to interventions; 19 
     (6)  Select, issue orders for, and administer 20 
controlled substances listed in Schedules II, III, IV, and V 21 
of section 195.017, in accordance with the provisions of 22 
subsection 3 of section 195.070, or other medications or 23 
anesthetic agents during the period anesthesia care is 24 
provided for the procedure or treatment based on patient 25 
assessment and response to interventions or cause such 26 
controlled substances, medications, or anesthetic agents to 27 
be administered or dispensed during the period anesthesia 28 
care is provided for the procedure or treatment by a 29 
registered professional nurse or licensed practical n urse as  30 
long as the services provided are within the scope of 31 
practice of the registered professional nurse or licensed 32   SB 910 	17 
practical nurse and consistent with that nurse's skill, 33 
training, and competence. 34 
     2.  In providing anesthesia care for a surgic al,  35 
obstetrical, therapeutic, or diagnostic procedure or 36 
treatment, nothing in this section shall be construed to 37 
exempt a certified registered nurse anesthetist from 38 
complying with a health care facility's policies, protocols, 39 
standing orders, or sta ff bylaws for the provision of 40 
anesthesia care. 41 
     3.  Nothing in this section shall be construed as a 42 
designation of the entirety of a certified registered nurse 43 
anesthetist's scope of practice nor as any limitation on the 44 
authority of a certified r egistered nurse anesthetist to 45 
function and clinically perform all such health care 46 
services that are within the scope of practice and standards 47 
of the certified registered nurse anesthetist role and 48 
consistent with the certified registered nurse anest hetist's  49 
licensure, education, training, knowledge, skill, and 50 
competence as a certified registered nurse anesthetist. 51 
     335.039.  1.   For purposes of this section, the 1 
following terms mean: 2 
     (1)  "Chronic pain management", the pr actice of  3 
performing invasive techniques devoted to the diagnosis and 4 
treatment of pain syndromes, often involving the use of 5 
medical imaging.  When used in reference to certified 6 
registered nurse anesthetists, the term "chronic pain 7 
management" means those chronic pain management techniques 8 
that are within the scope of practice of certified 9 
registered nurse anesthetists and are consistent with the 10 
skill, training, and competence of the certified registered 11 
nurse anesthetist who is to perform the t echnique; 12   SB 910 	18 
     (2)  "Infusion therapy", the intravenous, 13 
musculocutaneous, subcutaneous, or dermal administration of 14 
medication or other therapeutic substances, such as 15 
vitamins, minerals, antioxidants, and fluids, to a patient. 16 
     2.  A certified registered nurse anesthetist may 17 
provide infusion therapy and chronic pain management 18 
treatment in accordance with subsection 3 of section 335.019 19 
and section 335.038 if the certified registered nurse 20 
anesthetist: 21 
     (1)  Enters into a collaborative pra ctice arrangement  22 
pursuant to section 334.104 for the delivery of infusion 23 
therapy or chronic pain management treatment with a 24 
physician; or 25 
     (2)  Provides infusion therapy and chronic pain 26 
management treatment under the supervision of a physician. 27 
     3.  Nothing in this section shall be construed to 28 
prohibit or restrict the provision of anesthesia care by a 29 
certified registered nurse anesthetist for a surgical, 30 
obstetrical, therapeutic, or diagnostic procedure or 31 
treatment, or for the treatme nt of pain related to such 32 
procedure or treatment, except with respect to infusion 33 
therapy and chronic pain management treatment in accordance 34 
with subsection 3 of section 335.019 and section 335.038. 35 
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