Bill Text: MI SB0439 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Occupations; health care professions; 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-06-19 - Referred To Committee On Health Policy [SB0439 Detail]

Download: Michigan-2013-SB0439-Introduced.html

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SENATE BILL No. 439

 

 

June 19, 2013, Introduced by Senator SCHUITMAKER 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 of

 

 5  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 of veterans' affairs, of not less

 

10  than 4 postgraduate education residency programs approved by the

 

11  board under section 17031(1) for not less than the 3 years

 

12  immediately preceding the date of an application for a limited

 

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

 

14  license under section 17031(2), provided that if at least 1 of

 

15  the residency programs is in the specialty area of medical

 

16  practice, or in a specialty area that includes the subspecialty

 

17  of medical practice, in which the applicant for a limited license

 

18  proposes to practice or in which the applicant for a full license

 

19  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

 

22  date of an application for a limited license under section

 

23  16182(2)(c) or an application for a full license under section

 

24  17031(2). As used in this subparagraph, "medical education" means

 

25  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

 

 2  trained in the specialty of anesthesiology by completing a

 

 3  residency in anesthesiology approved by the American board of

 

 4  anesthesiology or the American osteopathic board of

 

 5  anesthesiology or by completing another residency in

 

 6  anesthesiology or other training program, which residency or

 

 7  program is approved by the board.

 

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

 

 9  licensed under this part to engage in practice as an

 

10  anesthesiologist assistant.

 

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

 

12  neuromuscular functions utilizing nerve conduction tests and

 

13  needle electromyography. It does not include the use of surface

 

14  electromyography.

 

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

 

16  practice as an anesthesiologist assistant, means that a medically

 

17  directing anesthesiologist is in the physical proximity of an

 

18  anesthesiologist assistant that allows the anesthesiologist to

 

19  return and reestablish direct contact with the patient to meet

 

20  the patient's medical needs and address any of the patient's

 

21  urgent or emergent clinical problems.

 

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

 

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

 

24  those services that the board determines shall not be delegated

 

25  by a physician without endangering because a delegation would

 

26  endanger the health and safety of patients, as provided for in

 

27  section 17048(3).

 

 1        (g) (d) "Physician" means an individual licensed under this

 

 2  article to engage in the practice of medicine.

 

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

 

 4  article to engage in the practice of podiatric medicine and

 

 5  surgery.

 

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

 

 7  practice of medicine as an anesthesiologist.

 

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

 

 9  treatment, prevention, cure, or relieving of a human disease,

 

10  ailment, defect, complaint, or other physical or mental

 

11  condition, by attendance, advice, device, diagnostic test, or

 

12  other means, or offering, undertaking, attempting to do, or

 

13  holding oneself out as able to do, any of these acts.

 

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

 

15  practice of anesthesiology performed under the supervision of an

 

16  anesthesiologist.

 

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

 

18  practice of medicine, osteopathic medicine and surgery, or

 

19  podiatric medicine and surgery performed under the supervision of

 

20  a physician or podiatrist licensed under this article.

 

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

 

22  16109, except that it also includes the existence of a

 

23  predetermined plan for emergency situations, including, but not

 

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

 

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

 

26  physician or the designation of an anesthesiologist to supervise

 

27  an anesthesiologist assistant in the absence of the primary

 

 1  supervising anesthesiologist.

 

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

 

 3  section 17025.

 

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

 

 5  contains definitions and principles of construction applicable to

 

 6  all articles in this code and part 161 contains definitions

 

 7  applicable to this part.

 

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

 

 9  practice of medicine or practice as a physician's assistant

 

10  unless licensed or otherwise authorized by this article. An

 

11  individual shall not engage in teaching or research that requires

 

12  the practice of medicine unless the individual is licensed or

 

13  otherwise authorized by this article.

 

14        (2) Notwithstanding section 16145 or rules promulgated under

 

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

 

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

 

17  reviewing the applicant's record of practice, experience, and

 

18  credentials and determining that the applicant is competent to

 

19  practice medicine.

 

20        (3) For individuals applying for licensure under section

 

21  16186, the board shall not impose requirements on graduates of

 

22  medical schools located outside the United States or Canada that

 

23  exceed the requirements imposed on graduates of medical schools

 

24  located in the United States or Canada.

 

25        (4) Notwithstanding section 16145 or rules promulgated under

 

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

 

27  section 16186 after determining that each of the following

 

 1  conditions is satisfied:

 

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

 

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

 

 4  considering the reasons for the sanction and the applicant's

 

 5  record of practice, experience, credentials, and competence to

 

 6  engage in the practice of medicine, that sanction should not

 

 7  prevent the applicant from being granted a license in this state.

 

 8        (b) The sanction imposed by the other state is not

 

 9  permanent.

 

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

 

11  result of a patient safety violation.

 

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

 

13  the sanction to participate in and complete a probationary period

 

14  or treatment plan as a condition of the continuation of his or

 

15  her licensure, the applicant did not complete the probationary

 

16  period or treatment plan because the applicant ceased engaging in

 

17  the practice of medicine in that state.

 

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

 

19  applicant voluntarily agrees to complete a probationary period or

 

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

 

21  those imposed by the state that imposed the sanction.

 

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

 

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

 

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

 

25  or phrases, are restricted in use only to those individuals

 

26  authorized under this part to use the terms and in a way

 

27  prescribed in this part: "doctor of medicine", "m.d.",

 

 1  "physician's assistant", and "p.a.", "anesthesiologist

 

 2  assistant", and "a.a.". Notwithstanding section 16261, an

 

 3  individual who was specially trained at an institution of higher

 

 4  education in this state to assist a physician in the field of

 

 5  orthopedics and, upon completion of training, received a 2-year

 

 6  associate of science degree as an orthopedic physician's

 

 7  assistant before January 1, 1977 may use the title "orthopedic

 

 8  physician's assistant" whether or not the individual is licensed

 

 9  under this part.

 

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

 

11  promulgated by the department under section 17080, an individual

 

12  shall not engage in practice as an anesthesiologist assistant

 

13  unless he or she is licensed or otherwise authorized under this

 

14  article as an anesthesiologist assistant.

 

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

 

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

 

17  evidence to the board that he or she meets all requirements for

 

18  licensure except the certifying examination. An educational

 

19  limited license issued under this section is valid until the

 

20  expiration of a period determined by the board that does not

 

21  exceed 1 year or until the results of the required certifying

 

22  examination are made available, whichever is earlier.

 

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

 

24  department, shall promulgate rules that specify the standards and

 

25  qualifications for licensure as an anesthesiologist assistant.

 

26  The board shall require at least all of the following in the

 

27  rules for licensure:

 

 1        (a) Completion of a graduate level training program

 

 2  accredited by the commission on accreditation of allied health

 

 3  education programs or its successor agency and approved by the

 

 4  department.

 

 5        (b) Successful completion of a certifying examination for

 

 6  anesthesiologist assistants administered by the national

 

 7  commission for certification of anesthesiologist assistants or

 

 8  its successor agency and approved by the department.

 

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

 

10  life-support techniques offered or approved by the American heart

 

11  association, the American Red Cross, or a similar organization

 

12  and approved by the department.

 

13        (2) In addition to the rules promulgated under subsection

 

14  (1), the board, in consultation with the department, shall

 

15  promulgate rules to do all of the following:

 

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

 

17  activities related to the practice of anesthesiology that may be

 

18  performed by anesthesiology assistants.

 

19        (b) Require immediate availability of the supervising

 

20  anesthesiologist at all times.

 

21        (c) Require the supervising anesthesiologist to ensure that

 

22  all activities, functions, services, and treatment measures

 

23  performed by an anesthesiologist assistant are properly

 

24  documented by the anesthesiologist assistant.

 

25        (d) Require the anesthesiologist assistant to inform the

 

26  supervising anesthesiologist of serious adverse events.

 

27        (e) Establish an appropriate ratio of supervising

 

 1  anesthesiologists to anesthesiologist assistants, except in

 

 2  emergency cases.

 

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

 

 4  prescribe continuing education requirements as a condition for

 

 5  the renewal of an anesthesiologist assistant license.

 

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

 

 7  anesthesiologist assistant, the board shall register the

 

 8  anesthesiologist assistant on an anesthesiologist assistants'

 

 9  roster. The board shall include all of the following information

 

10  on the roster:

 

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

 

12        (b) Other board-required information.

 

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

 

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

 

15  required continuing education.