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                                                      PRINTER'S NO. 1225

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1066 Session of 2005


        INTRODUCED BY BARRAR, BUNT, CALTAGIRONE, CREIGHTON, DENLINGER,
           GERGELY, GINGRICH, HUTCHINSON, KIRKLAND, LEDERER, MARKOSEK,
           McCALL, O'NEILL, PALLONE, PETRONE, PHILLIPS, SCAVELLO,
           E. Z. TAYLOR, THOMAS, WATSON AND YOUNGBLOOD, MARCH 23, 2005

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 23, 2005

                                     AN ACT

     1  Amending the act of May 22, 1951 (P.L.317, No.69), entitled, as
     2     amended, "An act relating to the practice of professional
     3     nursing; providing for the licensing of nurses and for the
     4     revocation and suspension of such licenses, subject to
     5     appeal, and for their reinstatement; providing for the
     6     renewal of such licenses; regulating nursing in general;
     7     prescribing penalties and repealing certain laws," further
     8     providing for definitions; and providing for certified
     9     registered nurse anesthetist qualifications.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 2(1) of the act of May 22, 1951 (P.L.317,
    13  No.69), known as The Professional Nursing Law, amended December
    14  9, 2002 (P.L.1567, No.206), is amended and the section is
    15  amended by adding a clause to read:
    16     Section 2.  Definitions.--When used in this act, the
    17  following words and phrases shall have the following meanings
    18  unless the context provides otherwise:
    19     (1)  The "Practice of Professional Nursing" means diagnosing
    20  and treating human responses to actual or potential health


     1  problems through such services as casefinding, health teaching,
     2  health counseling, and provision of care supportive to or
     3  restorative of life and well-being, and executing medical
     4  regimens as prescribed by a licensed physician or dentist. The
     5  foregoing shall not be deemed to include acts of medical
     6  diagnosis or prescription of medical therapeutic or corrective
     7  measures, except as performed by a certified registered nurse
     8  practitioner acting in accordance with rules and regulations
     9  promulgated by the Board. Other than the administration of
    10  conscious sedation, the foregoing shall be deemed to include the
    11  administration of anesthesia only if performed by a certified
    12  registered nurse anesthetist.
    13     * * *
    14     (15)  "Certified registered nurse anesthetist" means a
    15  registered nurse licensed in this Commonwealth and certified by
    16  the Board, pursuant to section 3.2, to administer anesthesia.
    17     Section 2.  The act is amended by adding sections to read:
    18     Section 3.2.  Certified Registered Nurse Anesthetists;
    19  Qualifications.--(a)  The Board shall certify a licensed
    20  registered nurse as a certified registered nurse anesthetist if
    21  the nurse satisfies the requirements established by this act and
    22  regulations promulgated by the Board.
    23     (b)  Certification of a nurse under this section shall expire
    24  on the same date as the license of that nurse expires.
    25     (c)  A licensed registered nurse shall not qualify for
    26  certification by the Board under this section unless the nurse:
    27     (1)  has successfully completed the educational program of a
    28  school for nurse anesthetists accredited by an accrediting
    29  agency recognized by the Board; and
    30     (2)  holds certification as a certified registered nurse
    20050H1066B1225                  - 2 -     

     1  anesthetist by a Board-recognized national certification
     2  organization.
     3     (d)  A licensed registered nurse who is enrolled in an
     4  educational program of a school for nurse anesthetists
     5  accredited by an accrediting agency recognized by the Board may,
     6  during such enrollment, administer anesthesia under the
     7  direction of the chief or director of anesthesia services, a
     8  Board-certified anesthesiologist or a certified registered nurse
     9  anesthetist.
    10     (e)  A licensed registered nurse who has obtained the
    11  education required by subsection (c), but who has not yet
    12  obtained certification as a registered nurse anesthetist may
    13  administer anesthesia under the direction of the chief or
    14  director of anesthesia services, a Board-certified
    15  anesthesiologist or a certified registered nurse anesthetist
    16  until the announcement of results of the first examination taken
    17  for certification for which the registered nurse is eligible. If
    18  the registered nurse fails to take, or fails to pass, that
    19  examination, the nurse shall immediately cease practicing as a
    20  nurse anesthetist, Provided, however, That the registered nurse
    21  may appeal to the Board for authority to continue practicing as
    22  a nurse anesthetist if, due to extenuating circumstances, the
    23  nurse is unable to take the examination in a time period
    24  specified by the Board following attainment of the required
    25  education.
    26     Section 3.3.  Certified Registered Nurse Anesthetists; Scope
    27  of Practice.--(a)  A certified registered nurse anesthetist
    28  shall administer anesthesia in cooperation with a physician,
    29  dentist or podiatrist. For purposes of this section,
    30  "cooperation" shall mean a process in which the certified
    20050H1066B1225                  - 3 -     

     1  registered nurse anesthetist and the physician, dentist or
     2  podiatrist work together with each contributing an area of
     3  expertise at the individual and respective level of education
     4  and training of the certified registered nurse anesthetist and
     5  the physician, dentist or podiatrist.
     6     (b)  A certified registered nurse anesthetist's performance
     7  shall be under the overall direction of the chief or director of
     8  anesthesia services: Provided, however, That in situations or
     9  health care delivery facilities where anesthesia services are
    10  not mandatory, the certified registered nurse anesthetist's
    11  performance shall be under the overall direction of the
    12  physician, dentist or podiatrist responsible for the patient's
    13  care.
    14     (c)  When the operating/anesthesia team consists entirely of
    15  nonphysicians, an anesthesiologist or consulting physician of
    16  the certified registered nurse anesthetist's choice shall be
    17  available to the certified registered nurse anesthetist by
    18  physical presence or electronic communication.
    19     Section 3.  Nothing in this act shall be construed to
    20  prohibit the continued practice of certified registered nurse
    21  anesthetists who were authorized to practice in this
    22  Commonwealth on the effective date of this act.
    23     Section 4.  This act shall take effect in 60 days.





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