2025 STATE OF WYOMING 25LSO-0565 ENGROSSED 1SF0112 SENATE FILE NO. SF0112 Anesthesiologist assistants licensing. Sponsored by: Senator(s) Schuler and Pappas and Representative(s) Storer and Wylie A BILL for 1 AN ACT relating to professions and occupations; providing 2 for the licensing of anesthesiologist assistants and 3 specifying scope of practice; creating and amending 4 definitions; providing for temporary licenses as specified; 5 providing for the imposition of fees; providing for the 6 suspension, restriction, revocation or nonrenewal of 7 licenses as specified; providing for license reinstatement 8 and reactivation; creating a criminal penalty; providing 9 for a hearing; amending the composition of the board of 10 medicine; requiring rulemaking; and providing for an 11 effective date. 12 13 14 2025STATE OF WYOMING25LSO-0565 ENGROSSED 2SF01121. W.S. 33-26-801 through 33-26-811 are 2 created to read: 3 4 ARTICLE 8 5 ANESTHESIOLOGIST ASSISTANTS 6 7 8 9 (a) As used in this article: 10 11 (i) "Alternate anesthesiologist" means an 12 anesthesiologist designated by the supervising 13 anesthesiologist to ensure supervision of the 14 anesthesiologist assistant in the supervising 15 anesthesiologist's absence. An alternate anesthesiologist 16 is subject to the same requirements imposed upon the 17 supervising anesthesiologist; 18 19 (ii) "Anesthesiologist" means a physician who 20 has completed a residency in anesthesiology approved by the 21 American board of anesthesiology, the American osteopathic 22 board of anesthesiology or its predecessor or successor 2025STATE OF WYOMING25LSO-0565 ENGROSSED 3SF0112 1 organization and is licensed under article 3 of this 2 chapter; 3 4 (iii) "Anesthesiologist assistant" means any 5 person licensed under this article who: 6 7 (A) Has graduated from an anesthesiologist 8 assistant education program approved by the CAAHEP or its 9 predecessor or successor agency; 10 11 (B) Has satisfactorily completed a 12 certification examination administered by the NCCAA or 13 other national anesthesiologist assistant certifying agency 14 that has been reviewed and approved by the board and is 15 currently certified; and 16 17 (C) Is approved by the board to assist in 18 the practice of medicine under the supervision of an 19 anesthesiologist or group of anesthesiologists approved by 20 the board to supervise the person. 21 22 (iv) "Assist" means the anesthesiologist 23 assistant may personally perform those duties and 2025STATE OF WYOMING25LSO-0565 ENGROSSED 4SF0112 1 responsibilities delegated to the anesthesiologist 2 assistant by the supervising anesthesiologist with the 3 supervising anesthesiologist being physically on-site; 4 5 (v) "Board" means the Wyoming board of medicine; 6 7 (vi) "Certification examination" means the 8 initial certifying examination approved by the board for 9 the certification of anesthesiologist assistants including, 10 but not limited to, the examination administered by the 11 NCCAA or other national anesthesiologist assistant 12 certifying agency established for such purpose that has 13 been reviewed and approved by the board; 14 15 (vii) "License" means a license to practice as 16 an anesthesiologist assistant in this state; 17 18 (viii) "Licensee" means a person licensed to 19 practice as an anesthesiologist assistant under this 20 article; 21 22 (ix) "NCCAA" means the national commission on 23 the certification of anesthesiologist assistants; 2025STATE OF WYOMING25LSO-0565 ENGROSSED 5SF01121 2 (x) "On-site" means within the facility where 3 anesthesia services may be needed including the operating 4 room suites, intensive care unit, emergency room, obstetric 5 suite, endoscopy suite, radiology suite, cardiac services 6 suite and recovery room; 7 8 (xi) "Supervising anesthesiologist" means an 9 anesthesiologist approved by the board to supervise an 10 anesthesiologist assistant and who agrees to be responsible 11 for the medical acts of an anesthesiologist assistant; 12 13 (xii) "Supervision" means the ready, on-site 14 availability of the supervising anesthesiologist or 15 certified registered nurse anesthetist for consultation and 16 direction of the activities of the anesthesiologist 17 assistant. 18 19 20 21 (a) This article shall not apply to persons enrolled 22 in an anesthesiologist assistant program. 23 2025STATE OF WYOMING25LSO-0565 ENGROSSED 6SF01121 (b) A certified registered nurse anesthetist approved 2 by the state board of nursing to supervise anesthesiologist 3 assistants may perform all of the duties and 4 responsibilities authorized by this article for a 5 supervising anesthesiologist, except that certified 6 registered nurse anesthetists may be prohibited from 7 supervising anesthesiologist assistants during or on 8 procedures where the federal center for Medicare and 9 Medicaid services has lawful authority to regulate the 10 payment for the procedure and where the use of 11 anesthesiologist assistants supervised by a certified 12 registered nurse anesthetist is not allowed or authorized 13 or would result in the reduction or elimination of 14 reimbursement amounts. 15 16 (c) An anesthesiologist assistant may perform those 17 duties and responsibilities delegated to the 18 anesthesiologist assistant by a supervising 19 anesthesiologist and under the supervision of the 20 supervising anesthesiologist. A supervising 21 anesthesiologist may delegate duties to an anesthesiologist 22 assistant within the scope of the supervising 2025STATE OF WYOMING25LSO-0565 ENGROSSED 7SF0112 1 anesthesiologist's practice and expertise and within the 2 skills and expertise of the anesthesiologist assistant. 3 4 (d) Nothing in this article shall be construed to 5 prevent an anesthesiologist assistant from having access to 6 and being able to obtain drugs as directed by the 7 supervising anesthesiologist. 8 9 (e) Nothing in this article shall be construed to 10 conflict with or alter the provisions and requirements of 11 W.S. 33-26-101 through 33-26-703. 12 13 14 15 (a) The board shall review the qualifications and 16 determine the fitness of all persons desiring to practice 17 as anesthesiologist assistants. 18 19 (b) The board shall: 20 21 (i) Grant, renew, refuse to grant or renew, 22 suspend, restrict, revoke and reinstate licenses; 23 2025STATE OF WYOMING25LSO-0565 ENGROSSED 8SF01121 (ii) Investigate allegations that an 2 anesthesiologist assistant or supervising anesthesiologist 3 has engaged in conduct constituting a ground for revocation 4 in W.S. 33-26-402 or 33-26-808(a); 5 6 (iii) Conduct informal interviews and contested 7 cases; 8 9 (iv) Promulgate rules governing the licensure 10 and practice of anesthesiologist assistants. The board 11 shall consult with the state board of nursing before 12 promulgating rules under this paragraph; 13 14 (v) Retain jurisdiction over only those 15 licensees who were granted temporary or full licenses, 16 regardless of whether the license expired, lapsed or was 17 relinquished during or after the alleged occurrence of 18 conduct prescribed in W.S. 33-26-402 by the licensee or 19 after the board receives a court order pursuant to W.S. 20 33-26-808(c) for the licensee; 21 22 (vi) Review the qualifications of 23 anesthesiologists desiring to serve as a supervising 2025STATE OF WYOMING25LSO-0565 ENGROSSED 9SF0112 1 anesthesiologist or alternate anesthesiologist including 2 the compatibility of the supervising anesthesiologist's or 3 alternate anesthesiologist's specialty and scope of 4 practice with that of the anesthesiologist assistant to be 5 supervised. 6 7 8 9 10 (a) No person shall practice as an anesthesiologist 11 assistant or represent themselves as a "certified 12 anesthesiologist assistant", "licensed anesthesiologist 13 assistant", "anesthesiologist assistant", "C.A.A." or 14 "A.A." without a license granted by the board. 15 16 (b) The board shall grant an anesthesiologist 17 assistant license to an applicant who: 18 19 (i) Has graduated from an anesthesiologist 20 assistant program accredited by CAAHEP or its predecessor 21 or successor organization; 22 2025STATE OF WYOMING25LSO-0565 ENGROSSED 10SF01121 (ii) Has satisfactorily completed a 2 certification examination administered by NCCAA or other 3 national certifying agency that has been reviewed and 4 approved by the board and is currently certified; 5 6 (iii) Completes an application on a form 7 approved by the board; and 8 9 (iv) Pays the fees set forth in W.S. 33-26-807. 10 11 (c) No person shall act as a supervising 12 anesthesiologist or alternate anesthesiologist without a 13 license granted by the board under article 3 of this 14 chapter. The board shall promulgate rules governing the 15 board's consideration of an application by an 16 anesthesiologist to supervise anesthesiologist assistants. 17 Any application shall include at a minimum: 18 19 (i) The qualifications of the anesthesiologist 20 to be employed, including experience; 21 22 (ii) The professional background of the 23 anesthesiologist; 2025STATE OF WYOMING25LSO-0565 ENGROSSED 11SF01121 2 (iii) A description by the anesthesiologist of 3 that anesthesiologist's practice and the way in which the 4 anesthesiologist assistant will be utilized, including 5 method of supervision. 6 7 (d) The board shall approve an application by an 8 anesthesiologist to supervise anesthesiologist assistants 9 if the board is satisfied that each proposed 10 anesthesiologist assistant is fully qualified to assist in 11 the practice of medicine under the responsible supervision 12 of the applicant supervising anesthesiologist and that the 13 supervising anesthesiologist is compatible in specialty 14 scope and qualified to supervise the anesthesiologist 15 assistants. The board shall provide by rule for 16 requirements and limitations on the practice by and 17 supervision of anesthesiologist assistants including the 18 number of anesthesiologist assistants who may be supervised 19 concurrently and the board shall not allow an 20 anesthesiologist to supervise more than four (4) 21 anesthesiologist assistants concurrently. 22 2025STATE OF WYOMING25LSO-0565 ENGROSSED 12SF01121 (e) The state board of nursing shall approve an 2 application by a certified registered nurse anesthetist to 3 supervise anesthesiologist assistants if the board is 4 satisfied that each proposed anesthesiologist assistant is 5 fully qualified to assist under the responsible supervision 6 of the applicant certified registered nurse anesthetist and 7 that the certified registered nurse anesthetist is 8 compatible in specialty scope and qualified to supervise 9 the anesthesiologist assistants. The board of nursing shall 10 provide by rule for requirements and limitations on the 11 practice by and supervision of anesthesiologist assistants 12 including the number of anesthesiologist assistants who may 13 be supervised concurrently, and the board of nursing shall 14 not allow a certified registered nurse anesthetist to 15 supervise more than two (2) anesthesiologist assistants 16 during a shift. 17 18 19 20 (a) The board may grant a temporary license to 21 practice as an anesthesiologist assistant to a person who: 22 23 (i) Completes a temporary license application; 2025STATE OF WYOMING25LSO-0565 ENGROSSED 13SF01121 2 (ii) Has graduated from an anesthesiologist 3 assistant program accredited by the CAAHEP or its 4 predecessor or successor organization; 5 6 (iii) Has not satisfactorily completed a 7 certification examination administered by the NCCAA or 8 other national certifying agency that has been reviewed and 9 approved by the board and is currently certified; and 10 11 (iv) Pays the temporary license fee prescribed 12 in W.S. 33-26-807. 13 14 (b) Unless revoked, a temporary license is valid 15 until the next board meeting following the date of 16 issuance. The board may extend the temporary license at its 17 discretion upon a showing of good cause for a period not to 18 exceed one (1) year from the original date of issuance of 19 the temporary license. 20 21 22 2025STATE OF WYOMING25LSO-0565 ENGROSSED 14SF01121 (a) All licenses other than temporary licenses shall 2 expire annually on December 31. An anesthesiologist 3 assistant may renew a license by completing and submitting 4 a renewal application form published by the board and by 5 paying a renewal fee to the board before expiration of the 6 current license. 7 8 (b) The board may reactivate a lapsed license if the 9 applicant pays a reactivation fee and meets the 10 requirements for the reactivation of a license as set by 11 rule of the board. 12 13 14 15 (a) The board shall by rule set appropriate license 16 application, renewal and reinstatement fees, examination 17 fees and fees for information verification or document 18 production and other services of the board under this 19 chapter. 20 21 (b) Fees shall be deposited as provided in W.S. 22 33-26-307(b). 23 2025STATE OF WYOMING25LSO-0565 ENGROSSED 15SF01121 2 3 4 5 (a) The board may refuse to renew and may revoke, 6 suspend or restrict a license or take other disciplinary 7 action, including the imposition of conditions or 8 restrictions upon a license on one (1) or more of the 9 grounds enumerated under W.S. 33-26-402(a)(i) through 10 (xxxvi) except that for purposes of this section, "practice 11 of medicine" or "practice medicine," as used in W.S. 12 33-26-402(a) means "practice as an anesthesiologist 13 assistant." 14 15 (b) Upon a finding of ineligibility for licensure, 16 refusal to grant, suspension, restriction, refusal to renew 17 or revocation of a license under subsection (a) of this 18 section, the board shall adopt and enter a written order 19 and findings. 20 21 (c) Upon receipt from the department of family 22 services of a certified copy of an order from a court to 23 withhold, suspend or otherwise restrict a license issued by 2025STATE OF WYOMING25LSO-0565 ENGROSSED 16SF0112 1 the board, the board shall notify the party named in the 2 court order of the withholding, suspension or restriction 3 of the license in accordance with the terms of the court 4 order. No appeal under the Wyoming Administrative Procedure 5 Act shall be allowed for a license withheld, suspended or 6 restricted under this subsection. 7 8 (d) If the public health, safety or welfare requires 9 emergency action the board may temporarily suspend the 10 license of any licensee without a hearing pursuant to W.S. 11 16-3-113(c). 12 13 14 15 16 (a) Except as provided in subsection (g) of this 17 section, any person whose license has been revoked, 18 restricted or suspended under this chapter, voluntarily or 19 by action of the board, may petition for reinstatement of 20 the license or for removal of any restrictions or 21 conditions placed upon the license pursuant to W.S. 22 33-26-808 not less than six (6) months after final judicial 23 review of a board order revoking, restricting, placing 2025STATE OF WYOMING25LSO-0565 ENGROSSED 17SF0112 1 conditions upon or suspending the petitioner's license or 2 six (6) months after the date of the board order if there 3 is no judicial review. 4 5 (b) The petitioner shall submit a petition in writing 6 to the board that, at a minimum, sets forth and provides 7 information regarding the petitioner's fulfillment of any 8 and all conditions or compliance with all restrictions 9 imposed upon petitioner by any prior order of the board or 10 success in correcting the conduct that formed the basis for 11 the revocation, restriction, conditions or suspension of 12 the petitioner's license. 13 14 (c) Upon receipt of the petition that contains the 15 information required by subsection (b) of this section, the 16 board shall set the matter for hearing in accordance with 17 the provisions of the Wyoming Administrative Procedure Act. 18 The burden of proof upon the petitioner at the hearing 19 shall be to demonstrate by a preponderance of the evidence 20 that the petitioner has: 21 22 (i) Corrected the conduct that formed the basis 23 for the revocation, restriction, conditions or suspension 2025STATE OF WYOMING25LSO-0565 ENGROSSED 18SF0112 1 of the petitioner's license and that petitioner is able to 2 safely, skillfully and competently resume practice as an 3 anesthesiologist assistant; or 4 5 (ii) Fulfilled all conditions and complied with 6 all restrictions imposed upon petitioner by any prior order 7 of the board, has otherwise corrected the conduct or 8 condition that formed the basis for the restrictions or 9 conditions placed on the petitioner's license and that 10 petitioner is able to safely, skillfully and competently 11 practice as an anesthesiologist assistant. 12 13 (d) After a hearing conducted pursuant to subsection 14 (c) of this section, the board shall issue specific 15 findings of facts, conclusions of law and a final order: 16 17 (i) Reinstating the license; 18 19 (ii) Reinstating the license subject to 20 restrictions or conditions; 21 22 (iii) Removing or modifying the restrictions or 23 conditions of the license; or 2025STATE OF WYOMING25LSO-0565 ENGROSSED 19SF01121 2 (iv) Denying reinstatement of the license or 3 removal of the restrictions or conditions on the license. 4 5 (e) Any final order issued by the board shall be 6 subject to judicial review as provided by W.S. 33-26-407. 7 8 (f) If the board denies a reinstatement or removal of 9 restrictions or conditions, future petitions for 10 reinstatement or removal of restrictions or conditions may 11 be submitted not less than one (1) year after the board's 12 final order denying reinstatement or removal of 13 restrictions or conditions. 14 15 (g) Notwithstanding subsections (a) through (d) of 16 this section, if a license is suspended or restricted under 17 W.S. 33-26-808(c), the license may be reissued without a 18 hearing as provided in this section upon receipt from the 19 department of family services of notice that the applicant 20 has complied with the terms of the court order that 21 resulted in the suspension or restriction of the license 22 under W.S. 33-26-808(c). 23 2025STATE OF WYOMING25LSO-0565 ENGROSSED 20SF01121 2 3 Any person practicing as an anesthesiologist assistant 4 without a license or any person knowingly employing a 5 person to practice as an anesthesiologist assistant without 6 a license is guilty of a misdemeanor and upon conviction 7 shall be punished by a fine of not more than one thousand 8 dollars ($1,000.00), imprisonment for not more than one (1) 9 year, or both. 10 11 12 13 14 (a) A licensee may request in writing that the board 15 accept the voluntary relinquishment, restriction or 16 suspension of the licensee's license. The board may accept 17 the relinquished license, grant the request for restriction 18 or suspension, attach conditions to the license, deny the 19 request or waive the commencement of any proceedings under 20 this article. The board shall put in writing any agreement 21 with the licensee. Removal of a voluntary relinquishment, 22 restriction or suspension is subject to the procedure for 23 reinstatement of a license pursuant to W.S. 33-26-809. 2025STATE OF WYOMING25LSO-0565 ENGROSSED 21SF0112 1 2 (b) Unless the board and the licensee have agreed to 3 the relinquishment of or imposition of restrictions or 4 conditions on a license under this section, the board shall 5 conduct a proceeding to suspend, restrict, refuse to renew 6 or revoke a license as a contested case under the Wyoming 7 Administrative Procedure Act. 8 9. W.S. 33-26-102(a)(intro) and by creating 10 new paragraphs (xxx) and (xxxi) and 33-26-201(a) are 11 amended to read: 12 13 14 15 (a) Except as otherwise provided, as used in this 16 chapter: 17 18 19 20 21 22 23 2025STATE OF WYOMING25LSO-0565 ENGROSSED 22SF01121 2 3 4 5 (a) The Wyoming state board of medicine shall consist 6 of physicians licensed to practice 7 medicine in Wyoming, not less than one (1) of whom shall 8 possess the degree of doctor of osteopathy, 9 than two (2) of whom shall possess the degree of doctor of 10 medicine, 11 one 12 (1) physician assistant 13 and two (2) lay members., appointed by 14 the governor by and with the consent of the senate as 15 required by W.S. 28-12-101 through 28-12-103. Board members 16 appointed by the governor shall serve at the pleasure of 17 the governor. The board members shall annually elect a 18 president, a vice-president, and a secretary. 19 20W.S. 33-26-501(a)(viii) and (ix) is 21 repealed. 22 2025STATE OF WYOMING25LSO-0565 ENGROSSED 23SF01121. This act is effective July 1, 2025. 2 3 (END)