Senate Bill 2133

AN ACT TO PROVIDE FOR THE LICENSURE OF ANESTHESIOLOGIST ASSISTANTS BY THE STATE BOARD OF MEDICAL LICENSURE; TO PROVIDE MINIMUM REQUIREMENTS AND LIMITATIONS FOR PRACTICE BY ANESTHESIOLOGIST ASSISTANTS AND TO AUTHORIZE THE BOARD OF MEDICAL LICENSURE TO PROMULGATE RULES AND REGULATIONS REGARDING SUCH PRACTICE; TO PROVIDE FOR LICENSURE FEES TO BE PAID BY APPLICANTS; TO AMEND SECTIONS 73-26-1 AND 73-43-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) As used in this section:

(a) "Board" means the State Board of Medical Licensure.

(b) "Anesthesiologist assistant" means a person who meets the board's criteria for licensure as an anesthesiologist assistant and is licensed as an anesthesiologist assistant by the board.

(c) "Supervision" means overseeing and accepting responsibility for the medical services rendered by an anesthesiologist assistant by a licensed anesthesiologist in a manner approved by the board.

(2) The State Board of Medical Licensure shall license and regulate the practice of anesthesiologist assistants in accordance with the provisions of this section.

(3) Every applicant for licensure as an anesthesiologist assistant in the state shall meet the following criteria:

(a) Satisfy State Board of Medical Licensure that the applicant is of good moral character.

(b) Submit to the board proof of completion of a graduate level training program accredited by the Commission on Accreditation of Allied Health Education Programs or its successor organization.

(c) Submit to the board proof of current certification from the National Commission for Certification of Anesthesiologist Assistants (NCCAA) or its successor organization, including passage of a certification examination administered by the NCCAA. The applicant shall take the certification exam within twelve (12) months after completing training.

(d) Meet any additional qualifications for licensure pursuant to rules adopted by the board.

(4) Any person who is licensed to provide anesthesia services as an assistant to an anesthesiologist licensed under this section may use the title "anesthesiologist assistant." Any other person who uses the title in any form or holds himself or herself out to be an anesthesiologist assistant or to be so licensed without first obtaining a license shall be deemed in violation of this section. A student in any anesthesiologist assistant training program shall be identified as a "student anesthesiologist assistant" or an "anesthesiologist assistant student," but under no circumstances shall the student use or permit to be used on the student's behalf the terms "intern," "resident" or "fellow."

(5) Anesthesiologist assistants are authorized to provide anesthesia services under the supervision of an anesthesiologist licensed under Section 73-25-1 et seq., Mississippi Code of 1972, under the following conditions:

(a) The State Board of Medical Licensure has adopted rules governing the provision of anesthesia services by an anesthesiologist assistant consistent with the requirements of subsection (6) of this section.

(b) The anesthesiologist assistant holds a current license issued by the board or is a student anesthesiologist assistant participating in a training program leading to certification by the National Commission for Certification Anesthesiologist Assistants and licensure as an anesthesiologist assistant under this section.

(6) The State Board of Medical Licensure shall adopt rules to implement this section that include requirements and limitations on the provision of anesthesia services by an anesthesiologist assistant as determined by the board to be in the best interests of patient health and safety. Rules adopted by the board pursuant to this section shall include the following requirements:

(a) That an anesthesiologist assistant be supervised by an anesthesiologist licensed under Section 73-25-1 et seq. who is actively engaged in clinical practice and immediately available on-site to provide assistance to the anesthesiologist assistant.

(b) That anesthesiologist assistants comply with all continuing education requirements and recertification requirements of the National Commission for Certification of Anesthesiologist Assistants or its successor organization.

(7) Nothing in this section shall limit or expand the scope of practice of physician assistants under existing law.

(8) Each applicant for a license by examination shall pay to the State Board of Medical Licensure a fee which shall be set and prescribed by the board.

SECTION 2. Section 73-26-1, Mississippi Code of 1972, is amended as follows:

73-26-1. As used in this chapter:

(a) "Board" means the State Board of Medical Licensure.

(b) "Physician assistant" means a person who meets the board's criteria for licensure as a physician assistant and is licensed as a physician assistant by the board. * * *

(c) "Supervising physician" means a doctor of medicine or a doctor of osteopathic medicine who holds an unrestricted license from the board, and who is in the full-time practice of medicine and who has been approved by the board to supervise physician assistants.

(d) "Supervision" means overseeing and accepting responsibility for the medical services rendered by a physician assistant in a manner approved by the board.

SECTION 3. Section 73-43-11, Mississippi Code of 1972, is amended as follows:

73-43-11. The State Board of Medical Licensure shall have the following powers and responsibilities:

(a) Setting policies and professional standards regarding the medical practice of physicians, osteopaths, podiatrists * * * ~~and~~, physician assistants and anesthesiologist assistants practicing with physician supervision;

(b) Considering applications for licensure;

(d) Investigating alleged violations of the medical practice act;

(e) Conducting hearings on disciplinary matters involving violations of state and federal law, probation, suspension and revocation of licenses;

(f) Considering petitions for termination of probationary and suspension periods, and restoration of revoked licenses;

(g) To promulgate and publish reasonable rules and regulations necessary to enable it to discharge its functions and to enforce the provisions of law regulating the practice of medicine; however, the board shall not adopt any rule or regulation or impose any requirement regarding the licensing of physicians or osteopaths that conflicts with the prohibitions in Section 73-49-3;

(h) To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest and in the furtherance of its responsibilities;

(i) Perform the duties prescribed by Sections 73-26-1 through 73-26-5; and

(j) Perform the duties prescribed by the Interstate Medical Licensure Compact, Section 73-25-101.

SECTION 4. This act shall take effect and be in force from and after July 1, 2017.