PRINTER'S NO. 898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
912
Session of
2021
INTRODUCED BY MENTZER, BURGOS, RYAN, HILL-EVANS, MILLARD,
ZIMMERMAN, NEILSON, LAWRENCE, GILLESPIE, HARKINS, PEIFER,
DAVIDSON, HELM, THOMAS, SCHLEGEL CULVER AND KINKEAD,
MARCH 15, 2021
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 15, 2021
AN ACT
Amending the act of December 20, 1985 (P.L.457, No.112),
entitled "An act relating to the right to practice medicine
and surgery and the right to practice medically related acts;
reestablishing the State Board of Medical Education and
Licensure as the State Board of Medicine and providing for
its composition, powers and duties; providing for the
issuance of licenses and certificates and the suspension and
revocation of licenses and certificates; provided penalties;
and making repeals," providing for provision and supervision
of anesthesia care.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Legislative intent.--It is the intent of the
General Assembly to vest jurisdiction and authority in the State
Board of Medicine over the practice of anesthesia in this
Commonwealth, including anesthesia services provided in
hospitals, ambulatory care facilities and all other health care
facilities, and with respect to supervision of professional
services rendered by nurse anesthetists. This act is intended to
require a physician to supervise the professional services
rendered by nurse anesthetists in this Commonwealth.
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Section 2. The act of December 20, 1985 (P.L.457, No.112),
known as the Medical Practice Act of 1985, is amended by adding
a section to read:
Section 45.1. Provision and supervision of anesthesia care.
(a) Subject of regulation.--The practice of anesthesia,
including, but not limited to, anesthesia services provided in
hospitals, ambulatory care facilities and other health care
facilities, constitutes the practice of medicine and shall be
regulated by the board.
(b) General rule.--Anesthesia care in a hospital, ambulatory
care facility or other health care facility shall be provided by
any of the following:
(1) An anesthesiologist.
(2) A physician qualified to supervise anesthesia care.
(3) A physician enrolled in a residency program in
anesthesia or oral surgery.
(4) A dentist anesthetist.
(5) A nurse anesthetist who is authorized by the State
Board of Nursing to provide anesthesia care and is under the
supervision of either:
(i) an anesthesiologist; or
(ii) the physician performing the operation or other
procedure requiring anesthesia services, if that
physician is qualified to supervise anesthesia care.
(6) A supervised student nurse trainee enrolled in a
course approved by the American Association of Nurse
Anesthetists.
(c) Physicians qualified to supervise anesthesia care.--The
board shall promulgate regulations, consistent with this
section, defining the qualifications required for
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nonanesthesiologist physicians to supervise anesthesia care.
(d) Existing regulations.--Nothing in this section shall be
construed to affect the provisions of any duly promulgated
regulation relating to dental anesthetist and nurse anesthetist
qualifications.
(e) Abrogation of inconsistent regulations.--Any regulation
promulgated by the Department of Health or the State Board of
Nursing is abrogated to the extent of any inconsistency with
this act.
(f) Definition.--As used in this section "supervision" means
that:
(1) an anesthesia procedure or service is furnished
under a qualified physician's direction and control; and
(2) the qualified physician is immediately available to
provide assistance and direction throughout the performance
of the anesthesia procedure or service, regardless of whether
or not the qualified physician is present in the room for the
entirety of the anesthesia procedure or service.
Section 3. This act shall take effect immediately.
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