BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 890


                                                                     Page 1





          Date of Hearing:  April 28, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


          AB 890  
          (Ridley-Thomas) - As Amended April 20, 2015


          SUBJECT:  Anesthesiologist assistants.


          SUMMARY:  Enacts the Anesthesiologist Assistant Practice Act,  
          which would make it unlawful for any person to hold themselves  
          out to be an anesthesiologist assistant (AA) unless they meet  
          specified requirements, and requires an AA to work under the  
          supervision of an anesthesiologist.


          EXISTING LAW:


          1)Establishes the Medical Malpractice Act and provides for the  
            licensure of physicians and surgeons, including  
            anesthesiologist physicians, under the Medical Board of  
            California within the Department of Consumer Affairs (DCA).   
            (Business and Professions Code (BPC) § 2000 et seq.)


          2)Provides for the licensure and regulation of Nurse  
            Anesthetists (NAs) under the Board of Registered Nursing (BRN)  
            within the DCA. ( BPC § 2825)


          3)Defines "nurse anesthetist" as a person who is a registered  








                                                                     AB 890


                                                                     Page 2





            nurse, licensed by the BRN and who has met standards for  
            certification from the BRN.  (BPC § 2826)


          4)Specifies that the utilization of a NA to provide anesthesia  
            services in an acute care facility shall be approved by the  
            acute care facility and at the discretion of the physician,  
            dentist or podiatrist.  (BPC § 2827)


          5)Indicates that a NA must abide by the bylaws of the facility,  
            may be required to provide evidence of liability insurance,  
            and shall be responsible for his or her own professional  
            conduct.  (BPC § 2828)


          THIS BILL:


          6)Defines "Anesthesiologist" as a physician and surgeon who has  
            successfully completed a training program in anesthesiology  
            accredited by the Accreditation Council for Graduate Medical  
            Education (ACGME) or the American Osteopathic Association or  
            equivalent organizations. 
          7)Defines "Anesthesiologist assistant" as a person who meets the  
            following: 


             a)   Has graduated from an anesthesiologist assistant program  
               recognized by the Commission on Accreditation of Allied  
               Health Education Programs or by its successor agency; and,
             b)   Holds an active certification by the National Commission  
               on Certification for Anesthesiologist Assistants.


          8)Specifies that is an unfair business practice 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 suggest that the person  








                                                                     AB 890


                                                                     Page 3





            is certified as an AA, if the person does not meet the  
            aforementioned requirements to be called an AA.
          9)Indicates that an anesthesiologist assistant shall work under  
            the supervision of an anesthesiologist, and requires the  
            supervising anesthesiologist to:


             a)   Be physically present on the premises and immediately  
               available if needed to the AA when medical services are  
               being rendered; and,
             b)   Oversee the activities of, and accept responsibility  
               for, the medical services being rendered by the AA.


          10)Specifies that an anesthesiologist assistant under the  
            supervision of an anesthesiologist may deliver medical  
            services including, but not limited to, developing and  
            implementing an anesthesia care plan for a patient.
          FISCAL EFFECT:  Unknown. This bill is keyed fiscal by the  
          Legislative Counsel.


          COMMENTS:


          11)Purpose.  This bill is sponsored by the  California Society of  
            Anesthesiologists  .  According to the author, "Using properly  
            educated and certified anesthesiologist assistants [will] add  
            a new asset to the anesthesia care team without depleting an  
            already existing shortage of nurses.  AAs will promote  
            efficiency by extending the reach of physician  
            anesthesiologists, while protecting patient safety by  
            operating under the physician-led, patient-centered model of  
            care.  Overall, adding AAs as a care provider in California  
            will help expand capacity and improve access for patients at a  
            time when a growing population and aging baby boomers are  
            putting increased demands on the healthcare system."
          12)Background.  Physician anesthesiologists play a vital role in  
            ensuring patients are able to safely undergo surgery.  They  








                                                                     AB 890


                                                                     Page 4





            are responsible for determining the appropriate type of  
            anesthesia for procedures, providing pain control and managing  
            a patient's breathing.  After surgery, physician  
            anesthesiologists provide pain management to assist the  
            patient in their recovery.  Physician anesthesiologists lead  
            the Anesthesia Care Team and are often assisted by NAs or AAs.  
             AAs must be supervised by an anesthesiologist, and NAs may be  
            supervised by any physician.


            AAs Compared to NAs.  NAs are regulated by the BRN.  There are  
            approximately 36,000 NAs nationwide and 1600 in California.   
            They are required to have a bachelors in nursing degree,  
            graduate from an accredited Master's or Doctoral level program  
            of nurse anesthesia, be licensed as a registered nurse and  
            possess a minimum of 1 year of nursing experience in an acute  
            care setting.  As of 2009, NAs are allowed to practice  
            independently of physician supervision, but not all healthcare  
            facilities approve independent practice.  





            In 45 of the 55 California counties where NAs work, they  
            administer anesthesia independently.  Seven California  
            counties do not have anesthesiologist physicians and rely  
            solely on NAs for anesthesia services including: 1) Colusa, 2)  
            Del Norte, 3) Glenn, 4) Lassen, 5) Plumas, 6) Tehama and 7)  
            Trinity.  NAs are certified by a national certification body  
            and must pass a recertification exam every 10 years.  They  
            must obtain 40 hours of continuing medical education every two  
            years.


            There are no AAs working in California as the state has not  
            authorized AAs to practice except in California Veteran  
            Administration hospitals.  It is estimated that there are  
            approximately 1,000 AAs nationwide.  AAs are required to have  








                                                                     AB 890


                                                                     Page 5





            a bachelor's degree with premedical curriculum.  AAs are  
            certified by a national certification body and must pass a  
            recertification exam every six years and obtain 40 hours of  
            continuing medical education every two years.  





            The Centers for Medicare & Medicaid Services (CMS) share the  
            position that AAs and NAs have identical clinical capabilities  
            and responsibilities though education and training do differ.   
            The American Society of Anesthesiologists conducted a study:  
            ASA Statement Comparing Anesthesiologist Assistant and Nurse  
            Anesthetist Education and Practice and found: "More NA  
            education programs provide instruction in the technical  
            aspects of regional anesthesia. A higher percentage of AA  
            programs provide instruction in the placement of invasive  
            monitors. There is no evidence to suggest that the innate  
            abilities of either student type impact their suitability for  
            these anesthesia practices."





            The ASA concluded that differences do exist between AAs and  
            NAs in regard to the prerequisites, curriculum, instruction in  
            regional anesthesia and invasive monitoring and requirements  
            for supervision in practice. "However, these differences are  
            not based on superiority of education or ability, but are  
            rather a product of differences in historical development and  
            the philosophies and motivations of those that practice within  
            each profession."


          










                                                                     AB 890


                                                                     Page 6





            Shortage of Physician Anesthesiologists - Surplus of NAs in  
            Some Regions. Healthcare facilities around the nation are  
            facing a critical shortage of anesthesiologists.  According to  
            a nationwide survey conducted by the American Society of  
            Anesthesiologists, 47 percent of hospitals reported a shutdown  
            or reduction in operating room hours due to the shortage of  
            anesthesia providers.  





          Data from a RAND survey showed that the U.S. has a current  
            shortage of about 3,800 physician anesthesiologists and 1,280  
            NAs, representing 9.6 percent and 3.8 percent of the total  
            anesthesiologist and NA workforce, respectively.   
            Additionally, a shortage of physician anesthesiologists and a  
            significant surplus of NAs are projected by 2020 if current  
            trends continue.  The study projected a shortage of about  
            4,500 anesthesiologists and a surplus approximately 8,000 NAs  
            within 10 years. If the growth in demand is assumed to be 3%,  
            accounting for the aging population, the shortage of physician  
            anesthesiologists may reach as high as 12,500 by 2020, while  
            the supply of nurse NAs would be at equilibrium. Shortages of  
            anesthesiologists were spread evenly across all regions in the  
            country. Shortages of NAs were more pronounced in the  
            Northeast, while some states in the West showed surpluses.  
            (data retrieved from:  
            http://www.physiciansweekly.com/efforts-needed-to-meet-anesthes 
            iologist-demand/#sthash.cmNrYMc3.dpuf)


          Other States.  To date, 33 states require physician  
            anesthesiologist supervision of AAs, and   AAs work as  
            registered healthcare professionals in 15 states and the  
            District of Columbia.  In the past four years, several states  
            have attempted to recognize or license AAs.  Bills presented  
            to the New York, Oregon, Texas, Indiana, New Mexico and Utah  
            legislatures have failed.  However, in 2014 and 2015, bills  








                                                                     AB 890


                                                                     Page 7





            were finally passed in Indiana and Mexico, respectively, which  
            permitted AAs to be recognized as licensed health care  
            practitioners.


          According to the ASA, in other states, AAs work under the direct  
            supervision of physician anesthesiologists to implement  
            anesthesia care plans.  Specifically, an AA can perform the  
            following under physician anesthesiologist supervision:


             a)   Obtain a patient history;
             b)   Pretest and calibrate anesthesia delivery systems, and  
               interpret information from the systems in consultation with  
               the physician anesthesiologist;


             c)   Establish basic and advanced airway interventions;


             d)   Administer specified drugs;


             e)   Administer blood products and fluids;


             f)   Perform epidural anesthetic procedures;


             g)   Provide assistance to a cardiopulmonary resuscitation  
               team;


             h)   Participate in research and teaching activities  
               authorized by the physician anesthesiologist; and,


             i)   Supervise student anesthesiologist assistants.









                                                                     AB 890


                                                                     Page 8






          ARGUMENTS IN SUPPORT: 


          The  California Society of Anesthesiologists  (sponsor) the  
           Anesthesia Consultants of Fresno  and the  Case Western Reserve   
          University Anesthesia Program  all similarly write in their  
          separate support letters, "AAs need specific statutory practice  
          recognition and title protection in order to establish hospital  
          privileges working under the direct supervision of a physician  
          anesthesiologist?We strongly believe AB 890 provides a unique  
          opportunity for California to increase healthcare access and  
          options to patients in a time of expanding coverage, increase  
          healthcare access and options to patients in a time of expanding  
          coverage, increase the anesthesia workforce and promote patient  
          safety in a patient-centered physician-led care team model."


          The  American Academy of Anesthesiologist Assistants  writes in  
          their support letter, "Given the increasing number of surgical  
          procedures in California, concurrent with numbers across the US  
          (more than 40 million procedures a year), and considering the  
          rapidly increasing demand for anesthetic services,  ACCs would  
          be an important addition to the California Anesthesia Care  
          Team."


          The  American Society of Anesthesiologists  also supports the  
          bill. In their letter the note, "It is the position of ASA that  
          both anesthesiologist assistants and nurse anesthetists have  
          identical patient care responsibility and technical capabilities  
          - a view in harmony with their equivalent treatment under the  
          Medicare Program.  The Proven safety of Anesthesia Care Team  
          approach to anesthesia with either anesthesiologist assistants  
          or nurse anesthetists as the non-physician anesthetists confirms  
          the wisdom of this view." 


          ARGUMENTS IN OPPOSITION:








                                                                     AB 890


                                                                     Page 9







          The  California Association of Nurse Anesthetists  and the  
           California Nurses Association  write in their joint letter of  
          opposition, "Medical direction and supervision by  
          anesthesiologists has been proven to be the most expensive  
          method of providing anesthesia services.  In areas of California  
          where nurse anesthetists practice autonomously, facilities  
          realize greatly reduced cost of services with no compromise in  
          quality, safety or outcomes?It is well documented by independent  
          research that the added expense of medically directed  
          anesthesiology services produces no added benefit for patient  
          outcomes, healthcare facilities or communities, and that  
          efficacy of anesthesia delivery and outcomes are equivalent when  
          anesthesia administered by CRNAs and anesthesiologists." 


          The  California Association for Nurse Practitioners  indicates  
          their opposition when they write, "California already has the  
          framework in place to educate, license and regulate two types of  
          anesthesia providers - certified registered nurse anesthetists  
          and anesthesiologists.  Both CRNAs and anesthesiologists are  
          well-established, proven anesthesia providers, and both have the  
          training to practice autonomously and exercise independent  
          judgment.  AAs, on the other hand, do not have the education and  
          training to perform anesthesia as autonomous providers.   
          Therefore, AAs fail to increase access to anesthesia care." 


          The  California Nurse Midwives Association  also opposes the bill  
          and writes, "AB 890 does not require an AA to be licensed in the  
          state of California and does not set up any agency oversight of  
          AA functions.  AB 890 does not authorize an AA to administer  
          medications or anesthetic agents and fails to authorize  
          essential anesthesia functions, such as intubation.  It also  
          does not require the seven steps of medical directions of AAs as  
          mandated by the Centers for Medicare & Medicaid Services." 










                                                                     AB 890


                                                                     Page 10





          The  California Labor Federation  writes, "Generally, the purpose  
          of creating a less skilled health care provider classification  
          would be to lower health care costs and increase access to care.  
           However, the AA classification would drive up the cost of  
          health care, rather than reducing it." 


          The  American Nurses Association California  also opposes the bill  
          and writes, "There is no shortage of anesthesia providers in  
          California.  We believe the AA would be an assistant to the  
          Anesthesiologist that would allow the Anesthesiologist to  
          supervise multiple rooms, providing anesthesia with an assistant  
          that is not as qualified as the Nurse Anesthetist or the  
          Anesthesiologist." 


          AMENDMENTS:


          In order to make it clear that an AA is at all times working  
          under the direction and supervision of an anesthesiology  
          physician, the following amendments should be made: 


          On page 3, line 9, insert:  direction and  before the word  
          "supervision"


          On page 3, line 12, strike the following:  if needed


           On page 3, line 17, strike the following:  deliver medical  
          services including but not limited to  


          On page 3, line 17, insert:  assist the supervising  
          anesthesiologist in  before the word "developing"










                                                                     AB 890


                                                                     Page 11





          REGISTERED SUPPORT:  


          California Society of Anesthesiologists (sponsor)


          American Academy of Anesthesiologist Assistants


          American Society of Anesthesiologists


          Anesthesia Consultants of Fresno


          California Medical Association


          Case Western Reserve University, Anesthesia Program


          34 individuals




          REGISTERED OPPOSITION:  
          American Nurses Association California


          California Association of Nurse Anesthetists


          California Association for Nurse Practitioners


          California Labor Federation










                                                                     AB 890


                                                                     Page 12





          California Nurses Association


          California Nurse Midwives Association


          Over 200 nurse anesthetists




          Analysis Prepared by:Le Ondra Clark Harvey, Ph.D. / B. & P. /  
          (916) 319-3301