By: Creighton S.B. No. 1794
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the requirement to obtain a license to practice as an
  anesthesiologists assistant; imposing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.Subtitle C, Title 3, Occupations Code, is amended
  by adding Chapter 207 to read as follows:
  CHAPTER 207.  ANESTHESIOLOGIST ASSISTANTS 
         Section 207.001.  DEFINITIONS.  In this chapter: 
         (1)  "Anesthesiologist" means a physician licensed by the
  Texas Medical Board who specializes in anesthesiology. 
         (2)  "Anesthesiologist assistant" means a person who holds a
  license issued under this chapter. 
         (3)  "Medical board" means the Texas Medical Board. 
         Section 207.002.  LICENSE REQUIRED.  A person may not
  practice as an anesthesiologist assistant in this state
  unless the person holds an anesthesiologist assistant
  license issued under this chapter. 
         Section 207.003.  PRACTICE BY A LICENSE HOLDER.  (a)  An
  anesthesiologist assistant may assist the supervising
  anesthesiologist in developing and implementing an
  anesthesia care plan for a patient consistent with the rules
  adopted under this chapter. 
         (b)  Assisting an anesthesiologist does not constitute the
  practice of medicine. 
         (c)  Nothing in this chapter shall limit or expand the scope
  of practice of physician assistants under other statutes.
 
         Section 207.004.  USE OF TERM ANESTHESIOLOGIST
  ASSISTANT.  (a)  A person not licensed under this chapter
  that uses the title anesthesiologist assistant or holds
  themselves out to be an anesthesiologist assistant commits an
  administrative violation under the Occupations Code. 
         (b)  A student in an anesthesiologist assistant training
  program shall be identified as a "student anesthesiologist
  assistant" or an "anesthesiologist assistant student." A
  student in an anesthesiologist assistant training program is
  prohibited from being identified as an "intern," "resident,"
  or "fellow." 
         Section 207. 004.  ISSUANCE OF LICENSE; REQUIREMENTS.  
  (a)  The medical board shall: 
               (1)  Establish qualification for an anesthesiologist
  assistant to practice in this state; 
               (2)  Establish requirements for an examination for a
  license to practice as an anesthesiologist
  assistant in this state; 
               (3)  Establish minimum education and training
  requirements necessary for a license to practice
  as an anesthesiologist assistant; 
               (4)  Prescribe the application form for a license to
  practice as an anesthesiologist assistant; and 
               (5)  Develop an approved program of mandatory
  continuing education and the manner in which
  attendance at all approved courses, clinics,
  forums, lectures, programs, or seminars is
  monitored and recorded. 
         (b)  As minimum requirements for licensure, the board shall
  ensure an applicant: 
               (1)  is of good moral character; 
               (2)  submits proof of completion of graduate level
  training program accredited by the Commission of
  Accreditation of Allied Health Education Programs
  or its successor organization; 
               (3)  submits proof of current certification from the
  National Commission of Certification of
  Anesthesiologist Assistants or its successor
  organization, including passage of a
  certification examination administered by the
  National Commission of Certification of
  Anesthesiologist Assistants which must be taken
  within 12 months after completing training;
               (4)  pays the required application and licensing fees;
  and 
               (5)  meets any additional qualifications for licensure
  adopted by the board by rule. 
  Section 207.005.  LICENSE FEES.  The board shall set and collect
  fees in amounts that are reasonable and necessary to cover the costs
  of administering and enforcing this chapter without the use of any
  other funds generated by the medical board. 
  Section 207.06.  BOARD RULES.  The board shall adopt rules to
  implement this chapter 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 shall include
  the following requirements:
         (a)  an anesthesiologist assistant be supervised by an
  anesthesiologist who is actively engaged in clinical
  practice and available on-site to provide assistance to
  the anesthesiologist assistant; 
         (b)  limitations on the number of anesthesiologist
  assistants and student anesthesiologist assistants an
  anesthesiologist may supervise as determined by the
  Centers for Medicare and Medicaid Services; and 
         (c)  anesthesiologist assistants shall comply with all
  continuing education requirements and recertification
  requirements of the National Commission for
  Certification of Anesthesiologist Assistants or its
  successor organization. 
  SECTION 2.  This Act applies to an application for an
  anesthesiologist assistant submitted on or after the effective date
  of this Act.  Applications submitted prior to that date are governed
  by the law as it existed immediately before the effective date of
  this Act, and that law is continued in effect for that purpose.
  SECTION 3.  As soon as practicable as the effective date of this
  Act, the Texas Medical Board shall adopt all rules necessary to
  implement Chapter 207 as adopted by this Act.
         (d)  SECTION 4.  This Act takes effect September 1, 2015.