AN ACT

 

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
19have the meanings given to them in this section unless the

1context clearly indicates otherwise:

2* * *

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

6* * *

7Section 2. The act is amended by adding a section to read:

8Section 45.1. Provision and supervision of anesthesia care.

9(a) General rule.--Anesthesia care in a hospital may be
10provided only by any of the following:

11(1)  An anesthesiologist.

12(2)  A physician who is not an anesthesiologist and who
13is privileged by a hospital to provide anesthesia care upon
14finding that the physician can provide all of the following:

15(i) The services and procedures commonly employed to
16render a patient insensible to pain for the performance
17of surgical, obstetrical or other necessary clinical
18procedures.

19(ii) Support of life functions during the period of
20anesthesia.

21(iii) Advanced cardiac life support.

22(iv) Appropriate preanesthesia and postanesthesia
23management for the patient.

24(v) Consultation regarding anesthesiology-related
25patient care, such as inhalation therapy, emergency
26cardiopulmonary resuscitation and special problems in
27post-surgical pain relief, unless these responsibilities
28are assigned to another physician who is judged by
29medical staff peer evaluation to be specially well
30qualified and who is willing and able to assume the

1responsibilities.

2(3)  A physician enrolled in a residency program in
3anesthesia or oral surgery.

4(4)  A nurse anesthetist authorized by the State Board of
5Nursing to provide anesthesia care and who is under the
6supervision of either or the following:

7(i) An individual under paragraph (1) or (2), who is
8immediately available when needed.

9(ii) The operating surgeon.

10(b) Students.--A student enrolled in an educational program
11at a school accredited by the Council on Accreditation of
12Educational Programs of Nurse Anesthetist of the American
13Association of Nurse Anesthetist, as approved by the State Board
14of Nursing, may provide supervised anesthesia care if the care
15complies with regulations relating to patient safety promulgated
16by the Department of Health.

17(c) Effect on unrestricted permits.--Nothing in this section
18shall affect the ability of a dentist anesthetist or of an oral
19surgeon who has received an unrestricted permit from the State
20Board of Dentistry authorizing the dentist anesthetist or oral
21surgeon to administer general anesthesia and deep sedation and
22who is performing the surgery for which the anesthesia is being
23provided to provide anesthesia care.

24(d)  Delegation.--Nothing in this section shall restrict the
25authority of a physician to delegate the performance of
26anesthesia services, subject to the criteria and requirements as
27under section 17 of this act, provided the provision of
28anesthesia services is supervised by either of the following:

29(1) An individual under subsection (a)(1) or (2) who is
30immediately available when needed.

1(2) The operating surgeon.

2(e)  Regulations.--The Department of Health shall promulgate
3regulations to implement the provisions of this section.

4Section 3. This act shall take effect in 60 days.