1Amending the act of December 20, 1985 (P.L.457, No.112),
2entitled "An act relating to the right to practice medicine
3and surgery and the right to practice medically related acts;
4reestablishing the State Board of Medical Education and
5Licensure as the State Board of Medicine and providing for
6its composition, powers and duties; providing for the
7issuance of licenses and certificates and the suspension and
8revocation of licenses and certificates; providing penalties;
9and making repeals," providing for the provision of
10anesthesia care in certain settings; and conferring powers
11and imposing duties on the Department of Health.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

<-14Section 1. Section 2 of the act of December 20, 1985
15(P.L.457, No.112), known as the Medical Practice Act of 1985, is
16amended by adding a definition to read:

17Section 2. Definitions.

18The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3* * *

4"Anesthesiologist." A physician who has successfully
5completed an approved residency training program in the medical
6specialty of anesthesiology.

7* * *

8Section 2. The act is amended by adding a section to read:

<-9Section 1. The act of December 20, 1985 (P.L.457, No.112), 
10known as the Medical Practice Act of 1985, is amended by adding 
11a section to read:

12Section 45.1. Provision and supervision of anesthesia care.

13(a) General rule.--Anesthesia care in a hospital <-may shall
14be provided <-only by any of the following:

15(1)  An anesthesiologist.

16(2)  A qualified physician. <-who is not an
17anesthesiologist and who is privileged by a hospital to
18provide anesthesia care upon finding that the physician can
19provide all of the following:

20(i) The services and procedures commonly employed to
21render a patient insensible to pain for the performance
22of surgical, obstetrical or other necessary clinical
23procedures.

24(ii) Support of life functions during the period of
25anesthesia.

26(iii) Advanced cardiac life support.

27(iv) Appropriate preanesthesia and postanesthesia
28management for the patient.

29(v) Consultation regarding anesthesiology-related
30patient care, such as inhalation therapy, emergency

1cardiopulmonary resuscitation and special problems in
2post-surgical pain relief, unless these responsibilities
3are assigned to another physician who is judged by
4medical staff peer evaluation to be specially well
5qualified and who is willing and able to assume the
6responsibilities.

7(3)  A physician enrolled in a residency program in
8anesthesia or oral surgery.

<-9(4) A dentist anesthetist.

<-10(4)  A nurse anesthetist authorized by the State Board of
11Nursing to provide anesthesia care and who is under the
12supervision of either or the following:

<-13(5) A nurse anesthetist authorized by the State Board of
14Nursing to provide anesthesia care and who is under the
15supervision of either of the following:

16(i) <-An individual under paragraph (1) or (2), who is
17immediately available when needed <-An anesthesiologist.

18(ii) The operating <-surgeon physician.

<-19(b) Students.--A student enrolled in an educational program
20at a school accredited by the Council on Accreditation of
21Educational Programs of Nurse Anesthetist of the American
22Association of Nurse Anesthetist, as approved by the State Board
23of Nursing, may provide supervised anesthesia care if the care
24complies with regulations relating to patient safety promulgated
25by the Department of Health.

26(c) Effect on unrestricted permits.--Nothing in this section
27shall affect the ability of a dentist anesthetist or of an oral
28surgeon who has received an unrestricted permit from the State
29Board of Dentistry authorizing the dentist anesthetist or oral
30surgeon to administer general anesthesia and deep sedation and

1who is performing the surgery for which the anesthesia is being
2provided to provide anesthesia care.

3(d)  Delegation.--Nothing in this section shall restrict the
4authority of a physician to delegate the performance of
5anesthesia services, subject to the criteria and requirements as
6under section 17 of this act, provided the provision of
7anesthesia services is supervised by either of the following:

8(1) An individual under subsection (a)(1) or (2) who is
9immediately available when needed.

10(2) The operating surgeon.

11(e)  Regulations.--The Department of Health shall promulgate
12regulations to implement the provisions of this section.

<-13(6) Supervised student nurse trainees enrolled in a
14course approved by the American Association of Nurse
15Anesthetists.

16(b) Regulation.--Nothing in this section shall affect the
17provisions of 28 Pa. Code § 123.7 (relating to dental
18anesthetist and nurse anesthetist qualifications). <-Nothing in
19this section shall be construed to authorize the board to
20regulate nurse anesthetists.

21Section <-3 2. This act shall take effect in 60 days.