By: Creighton S.B. No. 1794
A BILL TO BE ENTITLED
AN ACT
relating to the requirement to obtain a license to practice as an
anesthesiologists assistant; imposing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.Subtitle C, Title 3, Occupations Code, is amended
by adding Chapter 207 to read as follows:
CHAPTER 207. ANESTHESIOLOGIST ASSISTANTS
Section 207.001. DEFINITIONS. In this chapter:
(1) "Anesthesiologist" means a physician licensed by the
Texas Medical Board who specializes in anesthesiology.
(2) "Anesthesiologist assistant" means a person who holds a
license issued under this chapter.
(3) "Medical board" means the Texas Medical Board.
Section 207.002. LICENSE REQUIRED. A person may not
practice as an anesthesiologist assistant in this state
unless the person holds an anesthesiologist assistant
license issued under this chapter.
Section 207.003. PRACTICE BY A LICENSE HOLDER. (a) An
anesthesiologist assistant may assist the supervising
anesthesiologist in developing and implementing an
anesthesia care plan for a patient consistent with the rules
adopted under this chapter.
(b) Assisting an anesthesiologist does not constitute the
practice of medicine.
(c) Nothing in this chapter shall limit or expand the scope
of practice of physician assistants under other statutes.
Section 207.004. USE OF TERM ANESTHESIOLOGIST
ASSISTANT. (a) A person not licensed under this chapter
that uses the title anesthesiologist assistant or holds
themselves out to be an anesthesiologist assistant commits an
administrative violation under the Occupations Code.
(b) A student in an anesthesiologist assistant training
program shall be identified as a "student anesthesiologist
assistant" or an "anesthesiologist assistant student." A
student in an anesthesiologist assistant training program is
prohibited from being identified as an "intern," "resident,"
or "fellow."
Section 207. 004. ISSUANCE OF LICENSE; REQUIREMENTS.
(a) The medical board shall:
(1) Establish qualification for an anesthesiologist
assistant to practice in this state;
(2) Establish requirements for an examination for a
license to practice as an anesthesiologist
assistant in this state;
(3) Establish minimum education and training
requirements necessary for a license to practice
as an anesthesiologist assistant;
(4) Prescribe the application form for a license to
practice as an anesthesiologist assistant; and
(5) Develop an approved program of mandatory
continuing education and the manner in which
attendance at all approved courses, clinics,
forums, lectures, programs, or seminars is
monitored and recorded.
(b) As minimum requirements for licensure, the board shall
ensure an applicant:
(1) is of good moral character;
(2) submits proof of completion of graduate level
training program accredited by the Commission of
Accreditation of Allied Health Education Programs
or its successor organization;
(3) submits proof of current certification from the
National Commission of Certification of
Anesthesiologist Assistants or its successor
organization, including passage of a
certification examination administered by the
National Commission of Certification of
Anesthesiologist Assistants which must be taken
within 12 months after completing training;
(4) pays the required application and licensing fees;
and
(5) meets any additional qualifications for licensure
adopted by the board by rule.
Section 207.005. LICENSE FEES. The board shall set and collect
fees in amounts that are reasonable and necessary to cover the costs
of administering and enforcing this chapter without the use of any
other funds generated by the medical board.
Section 207.06. BOARD RULES. The board shall adopt rules to
implement this chapter that include requirements and limitations on
the provision of anesthesia services by an anesthesiologist
assistant as determined by the board to be in the best interests of
patient health and safety. Rules adopted by the board shall include
the following requirements:
(a) an anesthesiologist assistant be supervised by an
anesthesiologist who is actively engaged in clinical
practice and available on-site to provide assistance to
the anesthesiologist assistant;
(b) limitations on the number of anesthesiologist
assistants and student anesthesiologist assistants an
anesthesiologist may supervise as determined by the
Centers for Medicare and Medicaid Services; and
(c) anesthesiologist assistants shall comply with all
continuing education requirements and recertification
requirements of the National Commission for
Certification of Anesthesiologist Assistants or its
successor organization.
SECTION 2. This Act applies to an application for an
anesthesiologist assistant submitted on or after the effective date
of this Act. Applications submitted prior to that date are governed
by the law as it existed immediately before the effective date of
this Act, and that law is continued in effect for that purpose.
SECTION 3. As soon as practicable as the effective date of this
Act, the Texas Medical Board shall adopt all rules necessary to
implement Chapter 207 as adopted by this Act.
(d) SECTION 4. This Act takes effect September 1, 2015.