Bill Text: MI HB5507 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Health occupations; health care professionals; regulation and licensure of anesthesiologist assistants; provide for. Amends secs. 17001 & 17011 of 1978 PA 368 (MCL 333.17001 & 333.17011) & adds secs. 16326, 17079, 17080 & 17081.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2016-03-23 - Bill Electronically Reproduced 03/22/2016 [HB5507 Detail]

Download: Michigan-2015-HB5507-Introduced.html

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HOUSE BILL No. 5507

March 22, 2016, Introduced by Reps. Vaupel, Callton, Darany, Canfield, Bizon and Sheppard and referred to the Committee on Health Policy.

 

      A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending sections 17001 and 17011 (MCL 333.17001 and 333.17011),

 

section 17001 as amended by 2006 PA 161 and section 17011 as

 

amended by 2006 PA 398, and by adding sections 16326, 17079, 17080,

 

and 17081.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 16326. Fees for an individual licensed or seeking

 

 2  licensure to engage in practice as an anesthesiologist assistant

 

 3  under part 170 are as follows:

 

 

 4              (a) Application processing fee...................  $ 20.00

 5              (b) License fee, per year........................    50.00

 6              (c) Educational limited license..................    25.00

 1        Sec. 17001. (1) As used in this part:

 

 2        (a) "Academic institution" means either of the following:

 

 3        (i) A medical school approved by the board.

 

 4        (ii) A hospital licensed under article 17 that meets all both

 

 5  of the following requirements:

 

 6        (A) Was the sole sponsor or a co-sponsor, if each other co-

 

 7  sponsor is either a medical school approved by the board or a

 

 8  hospital owned by the federal government and directly operated by

 

 9  the United States department Department of veterans' affairs,

 

10  Veterans Affairs, of not less than 4 postgraduate education

 

11  residency programs approved by the board under section 17031(1) for

 

12  not less than the 3 years immediately preceding the date of an

 

13  application for a limited license under section 16182(2)(c) or an

 

14  application for a full license under section 17031(2), provided

 

15  that if at least 1 of the residency programs is in the specialty

 

16  area of medical practice, or in a specialty area that includes the

 

17  subspecialty of medical practice, in which the applicant for a

 

18  limited license proposes to practice or in which the applicant for

 

19  a full license has practiced for the hospital.

 

20        (B) Has spent not less than $2,000,000.00 for medical

 

21  education during each of the 3 years immediately preceding the date

 

22  of an application for a limited license under section 16182(2)(c)

 

23  or an application for a full license under section 17031(2). As

 

24  used in this subparagraph, sub-subparagraph, "medical education"

 

25  means the education of physicians and candidates for degrees or

 

26  licenses to become physicians, including, but not limited to,

 

27  physician staff, residents, interns, and medical students.

 

 1        (b) "Anesthesiologist" means a physician who has been trained

 

 2  in the specialty of anesthesiology by completing a residency in

 

 3  anesthesiology approved by the American Board of Anesthesiology or

 

 4  the American Osteopathic Board of Anesthesiology or by completing

 

 5  another residency in anesthesiology or other training program,

 

 6  which residency or program is approved by the board.

 

 7        (c) "Anesthesiologist assistant" means an individual who is

 

 8  licensed under this part to engage in practice as an

 

 9  anesthesiologist assistant.

 

10        (d) (b) "Electrodiagnostic studies" means the testing of

 

11  neuromuscular functions utilizing nerve conduction tests and needle

 

12  electromyography. It does not include the use of surface

 

13  electromyography.

 

14        (e) "Immediately available", as it relates to engaging in

 

15  practice as an anesthesiologist assistant, means that a medically

 

16  directing anesthesiologist is in the physical proximity of an

 

17  anesthesiologist assistant that allows the anesthesiologist to

 

18  return and reestablish direct contact with the patient to meet the

 

19  patient's medical needs and address any of the patient's urgent or

 

20  emergent clinical problems.

 

21        (f) (c) "Medical care services" means those services within

 

22  the scope of practice of physicians licensed by the board, except

 

23  those services that the board determines shall not be delegated by

 

24  a physician without endangering because a delegation would endanger

 

25  the health and safety of patients, as provided for in section

 

26  17048(3).

 

27        (g) (d) "Physician" means an individual who is licensed under

 

 1  this article to engage in the practice of medicine.

 

 2        (h) (e) "Podiatrist" means an individual licensed under this

 

 3  article to engage in the practice of podiatric medicine and

 

 4  surgery.

 

 5        (i) "Practice of anesthesiology" means engaging in the

 

 6  practice of medicine as an anesthesiologist.

 

 7        (j) (f) "Practice of medicine" means the diagnosis, treatment,

 

 8  prevention, cure, or relieving of a human disease, ailment, defect,

 

 9  complaint, or other physical or mental condition, by attendance,

 

10  advice, device, diagnostic test, or other means, or offering,

 

11  undertaking, attempting to do, or holding oneself out as able to

 

12  do, any of these acts.

 

13        (k) "Practice as an anesthesiologist assistant" means the

 

14  practice of anesthesiology performed under the supervision of an

 

15  anesthesiologist.

 

16        (l) (g) "Practice as a physician's assistant" means the

 

17  practice of medicine, osteopathic medicine and surgery, or

 

18  podiatric medicine and surgery performed under the supervision of a

 

19  physician or podiatrist licensed under this article.

 

20        (m) (h) "Supervision" means that term as defined in section

 

21  16109, except that it also includes the existence of a

 

22  predetermined plan for emergency situations, including, but not

 

23  limited to, the designation of a physician to supervise a

 

24  physician's assistant in the absence of the primary supervising

 

25  physician or the designation of an anesthesiologist to supervise an

 

26  anesthesiologist assistant in the absence of the primary

 

27  supervising anesthesiologist.

 

 1        (n) (i) "Task force" means the joint task force created in

 

 2  section 17025.

 

 3        (2) In addition to the definitions in this part, article 1

 

 4  contains definitions and principles of construction applicable to

 

 5  all articles in this code and part 161 contains definitions

 

 6  applicable to this part.

 

 7        Sec. 17011. (1) An individual shall not engage in the practice

 

 8  of medicine or practice as a physician's assistant unless licensed

 

 9  or otherwise authorized by this article. An individual shall not

 

10  engage in teaching or research that requires the practice of

 

11  medicine unless the individual is licensed or otherwise authorized

 

12  by this article.

 

13        (2) Notwithstanding section 16145 or rules promulgated under

 

14  that section, the board may grant a license to an individual who

 

15  meets the requirements of section 16186 or 17031(2) after reviewing

 

16  the applicant's record of practice, experience, and credentials and

 

17  determining that the applicant is competent to practice medicine.

 

18        (3) For individuals applying for licensure under section

 

19  16186, the board shall not impose requirements on graduates of

 

20  medical schools located outside the United States or Canada that

 

21  exceed the requirements imposed on graduates of medical schools

 

22  located in the United States or Canada.

 

23        (4) Notwithstanding section 16145 or rules promulgated under

 

24  that section, the board may grant a license in accordance with

 

25  section 16186 after determining that each of the following

 

26  conditions is satisfied:

 

27        (a) The applicant has disclosed that a sanction is in force

 

 1  against him or her as described in section 16174(2)(b) and

 

 2  considering the reasons for the sanction and the applicant's record

 

 3  of practice, experience, credentials, and competence to engage in

 

 4  the practice of medicine, that sanction should not prevent the

 

 5  applicant from being granted a license in this state.

 

 6        (b) The sanction imposed by the other state is not permanent.

 

 7        (c) The sanction imposed by the other state was not the result

 

 8  of a patient safety violation.

 

 9        (d) If the applicant was required by the state that imposed

 

10  the sanction to participate in and complete a probationary period

 

11  or treatment plan as a condition of the continuation of his or her

 

12  licensure, the applicant did not complete the probationary period

 

13  or treatment plan because the applicant ceased engaging in the

 

14  practice of medicine in that state.

 

15        (e) As a condition of licensure under this subsection, the

 

16  applicant voluntarily agrees to complete a probationary period or

 

17  treatment plan, the terms of which are no less stringent than those

 

18  imposed by the state that imposed the sanction.

 

19        (5) Except as otherwise provided in this subsection, the

 

20  following words, titles, or letters or a combination thereof, of

 

21  the words, titles, or letters, with or without qualifying words or

 

22  phrases, are restricted in use only to those individuals authorized

 

23  under this part to use the terms and in a way prescribed in this

 

24  part: "doctor of medicine", "m.d.", "physician's assistant", and

 

25  "p.a.", "anesthesiologist assistant", and "a.a.". Notwithstanding

 

26  section 16261, an individual who was specially trained at an

 

27  institution of higher education in this state to assist a physician

 

 1  in the field of orthopedics and, upon completion of training,

 

 2  received a 2-year associate of science degree as an orthopedic

 

 3  physician's assistant before January 1, 1977 may use the title

 

 4  "orthopedic physician's assistant" whether or not the individual is

 

 5  licensed under this part.

 

 6        Sec. 17079. (1) After the effective date of the rules

 

 7  promulgated by the board under section 17080, an individual shall

 

 8  not engage in practice as an anesthesiologist assistant unless he

 

 9  or she is licensed or otherwise authorized under this article as an

 

10  anesthesiologist assistant.

 

11        (2) The board may issue an educational limited license under

 

12  section 16182(2)(a) to an individual who provides satisfactory

 

13  evidence to the board that he or she meets all of the requirements

 

14  for licensure except the certifying examination. An educational

 

15  limited license issued under this section is valid until the

 

16  expiration of a period determined by the board that does not exceed

 

17  1 year or until the results of the required certifying examination

 

18  are made available, whichever is earlier.

 

19        Sec. 17080. (1) The board, in consultation with the

 

20  department, shall promulgate rules that specify the standards and

 

21  qualifications for licensure as an anesthesiologist assistant. The

 

22  board shall require at least all of the following in the rules for

 

23  licensure:

 

24        (a) Completion of a graduate level training program accredited

 

25  by the Commission on Accreditation of Allied Health Education

 

26  Programs or its successor agency and approved by the department.

 

27        (b) Successful completion of a certifying examination for

 

 1  anesthesiologist assistants administered by the National Commission

 

 2  for Certification of Anesthesiologist Assistants or its successor

 

 3  agency and approved by the department.

 

 4        (c) Successful completion of a course in advanced cardiac

 

 5  life-support techniques offered or approved by the American Heart

 

 6  Association, the American Red Cross, or a similar organization and

 

 7  approved by the department.

 

 8        (2) In addition to the rules promulgated under subsection (1),

 

 9  the board, in consultation with the department, shall promulgate

 

10  rules to do all of the following:

 

11        (a) Establish and, where appropriate, limit the duties and

 

12  activities related to the practice of anesthesiology that may be

 

13  performed by anesthesiology assistants.

 

14        (b) Require immediate availability of the supervising

 

15  anesthesiologist at all times.

 

16        (c) Require the supervising anesthesiologist to ensure that

 

17  all activities, functions, services, and treatment measures

 

18  performed by an anesthesiologist assistant are properly documented

 

19  by the anesthesiologist assistant.

 

20        (d) Require the anesthesiologist assistant to inform the

 

21  supervising anesthesiologist of serious adverse events.

 

22        (e) Establish an appropriate ratio of supervising

 

23  anesthesiologists to anesthesiologist assistants, except in

 

24  emergency cases.

 

25        (3) Subject to section 16204, the board shall by rule

 

26  prescribe continuing education requirements as a condition for the

 

27  renewal of an anesthesiologist assistant license.

 

 1        Sec. 17081. (1) After issuing a license to an anesthesiologist

 

 2  assistant, the board shall register the anesthesiologist assistant

 

 3  on an anesthesiologist assistants' roster. The board shall include

 

 4  all of the following information on the roster:

 

 5        (a) The anesthesiologist assistant's name and address.

 

 6        (b) Other board-required information.

 

 7        (2) Every 2 years, each anesthesiologist assistant in this

 

 8  state shall submit to the board proof of completion of board-

 

 9  required continuing education.

 

10        Enacting section 1. This amendatory act takes effect 90 days

 

11  after the date it is enacted into law.