Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 890

Introduced by Assembly Member Ridley-Thomas

February 26, 2015

begin delete An act to amend Section 301 of the Business and Professions Code, relating to consumers. end delete begin insert An act to add Chapter 7.75 (commencing with Section 3550) to Division 2 of the Business and Professions Code, relating to healing arts. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 890, as amended, Ridley-Thomas. begin delete Consumers. end delete begin insert Anesthesiologist assistants. end insert

begin insert

Existing law provides for the licensure and regulation of specified healing arts licensees, including, among others, physicians and surgeons, physician assistants, nurses, and nurse anesthetists.

end insert begin insert

This bill would enact the Anesthesiologist Assistant Practice Act, which would make it unlawful for any person to hold himself or herself out as an anesthesiologist assistant unless he or she meets specified requirements. The bill would make it an unfair business practice to violate these provisions. The bill would require an anesthesiologist assistant to work under the direction and supervision of an anesthesiologist, and would require the anesthesiologist to be physically present on the premises and available to the anesthesiologist assistant when medical services are being rendered and to oversee the activities of, and accept responsibility for, the medical services being rendered by the anesthesiologist assistant. The bill would authorize an anesthesiologist assistant to assist the supervising anesthesiologist in developing and implementing an anesthesia care plan for a patient.

end insert begin delete

Existing law states that it is the intent of the Legislature to promote and protect the interests of the people as consumers, and that the government advances the interests of consumers by, among other things, protecting consumers from the sale of goods and services through the use of deceptive methods, acts, or practices that are inimical to the general welfare of consumers.

end delete begin delete

This bill would make a nonsubstantive change to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 7.75 (commencing with Section 3550)
is added to Division 2 of the end insert begin insert Business and Professions Code end insert begin insert , to
read: end insert

begin insert

 

Chapter   begin insert 7.75. end insert Anesthesiologist Assistant

 

begin insert 3550. end insert   

This chapter shall be known and may be cited as the
Anesthesiologist Assistant Practice Act.

begin insert 3551. end insert   

For purposes of this section, the following definitions
shall apply:

(a) “Anesthesiologist” means a physician and surgeon who has
completed a residency in anesthesiology approved by the American
Board of Anesthesiology or the American Osteopathic Board of
Anesthesiology and is licensed under Chapter 5 (commencing with
Section 2000).

(b) “Anesthesiologist assistant” means a person who meets the
requirements of Section 3552.

begin insert 3552. end insert   

(a) A person shall not hold himself or herself out to be
an anesthesiologist assistant unless he or she meets the following
requirements:

(1) Has graduated from an anesthesiologist assistant program
recognized by the American Medical Association’s Committee on
Allied Health Education and Accreditation or by its successor
agency.

(2) Has passed the certifying examination and holds an active
certification by the National Commission on Certification of
Anesthesiologist Assistants.

(b) It is an unfair business practice within the meaning of
Chapter 5 (commencing with Section 17200) of Part 2 of Division
7 for any person to use the title “anesthesiologist assistant” or
any other term, including, but not limited to, “certified,”
“licensed,” “registered,” or “AA,” that implies or suggests that
the person is certified as an anesthesiologist assistant, if the person
does not meet the requirements of subdivision (a).

begin insert 3553. end insert   

An anesthesiologist assistant shall work under the
direction and supervision of an anesthesiologist. The supervising
anesthesiologist shall do both of the following:

(a) Be physically present on the premises and available to the
anesthesiologist assistant when medical services are being
rendered.

(b) Oversee the activities of, and accept responsibility for, the
medical services being rendered by the anesthesiologist assistant.

begin insert 3554. end insert   

Notwithstanding any other law, an anesthesiologist
assistant may assist the supervising anesthesiologist in developing
and implementing an anesthesia care plan for a patient.

end insert

begin delete

SECTION 1.  

Section 301 of the Business and Professions Code
is amended to read:

301.  

It is the intent of the Legislature and the purpose of this
chapter to promote and protect the interests of the people as
consumers. The Legislature finds that vigorous representation and
protection of consumer interests are essential to the fair and
efficient functioning of a free enterprise market economy. The
Legislature declares that government advances the interests of
consumers by facilitating the proper functioning of the free
enterprise market economy through (a) educating and informing
the consumer to ensure rational consumer choice in the
marketplace; (b) protecting the consumer from the sale of goods
and services through the use of deceptive methods, acts, or
practices that are inimical to the general welfare of consumers;
(c) fostering competition; and (d) promoting effective
representation of consumers’ interests in all branches and levels
of government.

end delete