STATE OF NEW YORK ________________________________________________________________________ 1072 2025-2026 Regular Sessions IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to licensure of anesthe- siologist assistants The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature hereby finds and 2 declares that the public interest requires the regulation of the prac- 3 tice of anesthesiologist assistant and the establishment of clear licen- 4 sure standards for anesthesiologist assistants; and that the health and 5 welfare of the residents of the state will be protected by identifying 6 to the public those individuals who are qualified and legally authorized 7 to practice as anesthesiologist assistants. 8 § 2. The education law is amended by adding a new article 131-D to 9 read as follows: 10 ARTICLE 131-D 11 ANESTHESIOLOGIST ASSISTANTS 12 Section 6549-j. Definitions. 13 6549-k. Practice of anesthesiologist assistant and use of title 14 "anesthesiologist assistant". 15 6549-l. Requirements for licensure as an anesthesiologist 16 assistant. 17 6549-m. Special provisions. 18 6549-n. State committee for anesthesiologist assistants. 19 6549-o. Limited permits. 20 6549-p. Exempt persons. 21 § 6549-j. Definitions. As used in this article, the following terms 22 shall have the following meanings: 1. "Anesthesiologist assistant" means 23 an individual who is licensed to practice as an anesthesiologist assist- 24 ant pursuant to this article and provides anesthesia care pursuant to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03015-01-5A. 1072 2 1 the order and direction of, and under the direct supervision of, a 2 licensed physician anesthesiologist. 3 2. "Committee" means the state committee for anesthesiologist assist- 4 ants created under section sixty-five hundred forty-nine-n of this arti- 5 cle. 6 3. "NCCAA" means the national commission for certification of anesthe- 7 siologist assistants. 8 § 6549-k. Practice of anesthesiologist assistant and use of title 9 "anesthesiologist assistant". Only an individual licensed or exempt 10 under this article shall practice as an anesthesiologist assistant. Only 11 individuals licensed as anesthesiologist assistants may use the title 12 "anesthesiologist assistant". 13 § 6549-l. Requirements for licensure as an anesthesiologist assistant. 14 To qualify for licensure as an anesthesiologist assistant, an applicant 15 shall fulfill the following requirements: 16 1. Application: file an application with the department; 17 2. Education: successfully complete (a) (i) an accredited baccalau- 18 reate or higher accredited educational program; and (ii) an anesthesiol- 19 ogist assistant training program accredited by the commission on accred- 20 itation of allied health education programs; or (b) a program determined 21 by the department to be equivalent to the requirements under paragraph 22 (a) of this subdivision and in accordance with the commissioner's regu- 23 lations; 24 3. Credentials: (a) complete and maintain the credential of certified 25 anesthesiologist assistant from a national certifying body specializing 26 in the certification of anesthesiologist assistants such as the NCCAA or 27 one approved by the department; or (b) submit evidence of license or 28 certification, the educational preparation for which is determined by 29 the department to be equivalent to the credentials under paragraph (a) 30 of this subdivision, from any state or country, satisfactory to the 31 department and in accordance with the commissioner's regulations; 32 4. Age: at the time of application is at least twenty-one years of 33 age; 34 5. Character: be of good moral character as determined by the depart- 35 ment; and 36 6. Fees: pay a fee of one hundred dollars to the department for an 37 initial license and a fee of fifty dollars for each triennial registra- 38 tion period. 39 § 6549-m. Special provisions. An individual who meets the requirements 40 for a license as an anesthesiologist assistant except for examination, 41 experience, and education, and who meets the requirements enumerated 42 under subdivisions one or two of this section may be licensed without 43 meeting additional requirements, provided that such individual submits 44 an application to the department within two years of the effective date 45 of this section: 46 1. Applicants may be licensed if they have been practicing as an 47 anesthesiologist assistant in another jurisdiction for five years out of 48 the prior ten years in an inpatient unit that provides anesthesia care 49 services in a hospital approved by the department of health and accepta- 50 ble to the committee and the department, at least three of such years of 51 experience having occurred during the prior five years; or 52 2. Applicants who possess certification from a national certification 53 organization such as the NCCAA or one found acceptable to the committee 54 and the department may be licensed if they have been employed as an 55 anesthesiologist assistant in another jurisdiction for three of the 56 prior five years.A. 1072 3 1 § 6549-n. State committee for anesthesiologist assistants. 1. A state 2 committee for anesthesiologist assistants shall be appointed by the 3 board of regents upon the recommendation of the commissioner as a 4 committee of the board for medicine to advise solely in matters relating 5 to the practice of anesthesiologist assistant and shall assist on 6 matters of licensure and professional conduct. 7 2. The committee shall consist of no fewer than eight individuals, to 8 be composed of a minimum of the following: 9 a. four licensed anesthesiologist assistants; 10 b. two licensed physicians board certified in anesthesiology by a 11 national certifying body recognized by the department; and 12 c. two representatives of the public at large. 13 § 6549-o. Limited permits. 1. Eligibility. A person who fulfills all 14 requirements for licensure as an anesthesiologist assistant under this 15 article except those relating to the examination shall be eligible for a 16 limited permit. 17 2. Limit of practice. A permittee shall be authorized to practice as 18 an anesthesiologist assistant only pursuant to the order and direction 19 and under the direct supervision of a licensed physician board certified 20 in anesthesiology by a national certifying organization recognized by 21 the department. 22 3. Duration. A limited permit shall expire one year from the date of 23 issuance. A limited permit may be extended for one additional year for 24 good cause as determined by the department. 25 4. Fees. The fee for each limited permit shall be forty dollars. 26 § 6549-p. Exempt persons. This article shall not prohibit: 1. The 27 anesthesiology care services by any student who is engaged in clinical 28 training in a general hospital licensed pursuant to article twenty-eight 29 of the public health law and who is enrolled in an anesthesiologist 30 assistant program found acceptable by the department, provided such 31 practice is limited to such clinical training which shall be carried out 32 pursuant to the order and direction and under the direct supervision of 33 a licensed physician board certified in anesthesiology by a national 34 certifying body recognized by the department; 35 2. The performance of any of the tasks or responsibilities included in 36 the definition of the practice of anesthesiologist assistant by any 37 other individual licensed under this title, provided that such tasks or 38 responsibilities are authorized by the article governing the profession 39 pursuant to which such individual is licensed; or 40 3. The practice of anesthesiology care by any legally qualified 41 anesthesiologist assistant of any other jurisdiction who is serving in 42 the armed forces or the public health service of the United States or 43 who is employed by the veterans administration, while engaged in the 44 performance of such anesthesiologist assistant's duties. 45 § 3. This act shall take effect immediately.