SENATE BILL 383

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

Martin Hickey and Meredith Dixon

AN ACT

RELATING TO ANESTHESIOLOGIST ASSISTANTS; REQUIRING THE NEW MEXICO MEDICAL BOARD TO ADOPT RULES THAT INCREASE THE NUMBER OF ANESTHESIOLOGIST ASSISTANTS THAT AN ANESTHESIOLOGIST MAY SUPERVISE; REPEALING LAWS 2015, CHAPTER 52, SECTION 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 61-6-10.9 NMSA 1978 (being Laws 2001, Chapter 311, Section 9, as amended) is amended to read:

     "61-6-10.9. RULES.--

          A. The board may adopt and enforce reasonable rules:

                (1) for setting qualifications of education, skill and experience for licensure of a person as an anesthesiologist assistant;

                (2) for providing procedures and forms for licensure and annual registration;

                (3) for examining and evaluating applicants for licensure as an anesthesiologist assistant regarding the required skill, knowledge and experience in developing and implementing anesthesia care plans under supervision;

                (4) for allowing a supervising anesthesiologist to temporarily delegate supervisory responsibilities for an anesthesiologist assistant to another anesthesiologist;

                (5) for allowing an anesthesiologist assistant to temporarily serve under the supervision of an anesthesiologist other than the supervising anesthesiologist with whom the anesthesiologist assistant is registered; and

                (6) to carry out the provisions of the Anesthesiologist Assistants Act.

          B. The board shall not adopt a rule allowing an anesthesiologist assistant to perform procedures outside the anesthesiologist assistant's scope of practice.

          C. The board shall adopt rules:

                (1) establishing requirements for anesthesiologist assistant licensing, including:

                     (a) completion of a graduate level training program accredited by the commission on accreditation of allied health education programs;

                     (b) successful completion of a certifying examination for anesthesiologist assistants administered by the national commission for the certification of anesthesiologist assistants; and

                     (c) current certification by the American heart association in advanced cardiac life-support techniques;

                (2) establishing minimum requirements for continuing education of not less than forty hours every two years;

                (3) requiring adequate identification of the anesthesiologist assistant to patients and others;

                (4) requiring the presence, except in cases of emergency, and the documentation of the presence, of the supervising anesthesiologist in the operating room during induction of a general or regional anesthetic and during emergence from a general anesthetic, the presence of the supervising anesthesiologist within the operating suite and immediate availability to the operating room at other times when the anesthetic procedure is being performed and requiring that the anesthesiologist assistant comply with the above restrictions;

                (5) requiring the supervising anesthesiologist to ensure that all activities, functions, services and treatment measures are properly documented in written form by the anesthesiologist assistant. The anesthesia record shall be reviewed, countersigned and dated by the supervising anesthesiologist;

                (6) requiring the anesthesiologist assistant to inform the supervising anesthesiologist of serious adverse events;

                (7) establishing, with respect to practice outside of a university in New Mexico with a medical school, that the number of anesthesiologist assistants a supervising anesthesiologist may supervise at one time, except in emergency cases, shall not exceed [three] four anesthesiologist assistants;

                (8) establishing, with respect to practice at a university in New Mexico with a medical school, that an anesthesiologist shall not supervise, except in emergency cases, more than four anesthesia providers if at least one anesthesia provider is an anesthesiologist assistant; and

                (9) within twelve months of the date on which the Anesthesiologist Assistants Act becomes effective, providing for enhanced supervision at the commencement of an anesthesiologist assistant's practice."    

     SECTION 2. REPEAL.--Laws 2015, Chapter 52, Section 3 is repealed.

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