S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10498
 
                           I N  A S S E M B L Y
 
                               May 29, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Buttenschon)
   -- read once and referred to the Committee on Higher Education
 
 AN  ACT to amend the education law, in relation to licensure of anesthe-
   siologist assistants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  findings.  The  legislature hereby finds and
 declares that the public interest requires the regulation of  the  prac-
 tice of anesthesiologist assistant and the establishment of clear licen-
 sure  standards for anesthesiologist assistants; and that the health and
 welfare of the residents of the state will be protected  by  identifying
 to the public those individuals who are qualified and legally authorized
 to practice as anesthesiologist assistants.
   §  2.  The  education  law is amended by adding a new article 131-D to
 read as follows:
                               ARTICLE 131-D
                        ANESTHESIOLOGIST ASSISTANTS
 SECTION 6549-J. DEFINITIONS.
         6549-K. PRACTICE OF ANESTHESIOLOGIST ASSISTANT AND USE OF  TITLE
                   "ANESTHESIOLOGIST ASSISTANT".
         6549-L. REQUIREMENTS   FOR   LICENSURE  AS  AN  ANESTHESIOLOGIST
                   ASSISTANT.
         6549-M. SPECIAL PROVISIONS.
         6549-N. STATE COMMITTEE FOR ANESTHESIOLOGIST ASSISTANTS.
         6549-O. LIMITED PERMITS.
         6549-P. EXEMPT PERSONS.
   § 6549-J. DEFINITIONS. AS USED IN THIS ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS: 1. "ANESTHESIOLOGIST ASSISTANT" MEANS
 AN INDIVIDUAL WHO IS LICENSED TO PRACTICE AS AN ANESTHESIOLOGIST ASSIST-
 ANT  PURSUANT  TO  THIS ARTICLE AND PROVIDES ANESTHESIA CARE PURSUANT TO
 THE ORDER AND DIRECTION OF, AND  UNDER  THE  DIRECT  SUPERVISION  OF,  A
 LICENSED PHYSICIAN ANESTHESIOLOGIST.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15772-01-4
 A. 10498                            2
              

 
   2.  "COMMITTEE" MEANS THE STATE COMMITTEE FOR ANESTHESIOLOGIST ASSIST-
 ANTS CREATED UNDER SECTION SIXTY-FIVE HUNDRED FORTY-NINE-N OF THIS ARTI-
 CLE.
   3. "NCCAA" MEANS THE NATIONAL COMMISSION FOR CERTIFICATION OF ANESTHE-
 SIOLOGIST ASSISTANTS.
   §  6549-K.  PRACTICE  OF  ANESTHESIOLOGIST  ASSISTANT AND USE OF TITLE
 "ANESTHESIOLOGIST ASSISTANT". ONLY  AN  INDIVIDUAL  LICENSED  OR  EXEMPT
 UNDER THIS ARTICLE SHALL PRACTICE AS AN ANESTHESIOLOGIST ASSISTANT. ONLY
 INDIVIDUALS  LICENSED  AS  ANESTHESIOLOGIST ASSISTANTS MAY USE THE TITLE
 "ANESTHESIOLOGIST ASSISTANT".
   § 6549-L. REQUIREMENTS FOR LICENSURE AS AN ANESTHESIOLOGIST ASSISTANT.
 TO QUALIFY FOR LICENSURE AS AN ANESTHESIOLOGIST ASSISTANT, AN  APPLICANT
 SHALL FULFILL THE FOLLOWING REQUIREMENTS:
   1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
   2.  EDUCATION:  SUCCESSFULLY  COMPLETE (A) (I) AN ACCREDITED BACCALAU-
 REATE OR HIGHER ACCREDITED EDUCATIONAL PROGRAM; AND (II) AN ANESTHESIOL-
 OGIST ASSISTANT TRAINING PROGRAM ACCREDITED BY THE COMMISSION ON ACCRED-
 ITATION OF ALLIED HEALTH EDUCATION PROGRAMS; OR (B) A PROGRAM DETERMINED
 BY THE DEPARTMENT TO BE EQUIVALENT TO THE REQUIREMENTS  UNDER  PARAGRAPH
 (A)  OF THIS SUBDIVISION AND IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
 LATIONS;
   3. CREDENTIALS: (A) COMPLETE AND MAINTAIN THE CREDENTIAL OF  CERTIFIED
 ANESTHESIOLOGIST  ASSISTANT FROM A NATIONAL CERTIFYING BODY SPECIALIZING
 IN THE CERTIFICATION OF ANESTHESIOLOGIST ASSISTANTS SUCH AS THE NCCAA OR
 ONE APPROVED BY THE DEPARTMENT; OR (B) SUBMIT  EVIDENCE  OF  LICENSE  OR
 CERTIFICATION,  THE  EDUCATIONAL  PREPARATION FOR WHICH IS DETERMINED BY
 THE DEPARTMENT TO BE EQUIVALENT TO THE CREDENTIALS UNDER  PARAGRAPH  (A)
 OF  THIS  SUBDIVISION,  FROM  ANY  STATE OR COUNTRY, SATISFACTORY TO THE
 DEPARTMENT AND IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
   4. AGE: AT THE TIME OF APPLICATION IS AT  LEAST  TWENTY-ONE  YEARS  OF
 AGE;
   5.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   6. FEES: PAY A FEE OF ONE HUNDRED DOLLARS TO  THE  DEPARTMENT  FOR  AN
 INITIAL  LICENSE AND A FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRA-
 TION PERIOD.
   § 6549-M. SPECIAL PROVISIONS. AN INDIVIDUAL WHO MEETS THE REQUIREMENTS
 FOR A LICENSE AS AN ANESTHESIOLOGIST ASSISTANT EXCEPT  FOR  EXAMINATION,
 EXPERIENCE,  AND  EDUCATION,  AND  WHO MEETS THE REQUIREMENTS ENUMERATED
 UNDER SUBDIVISIONS ONE OR TWO OF THIS SECTION MAY  BE  LICENSED  WITHOUT
 MEETING  ADDITIONAL  REQUIREMENTS, PROVIDED THAT SUCH INDIVIDUAL SUBMITS
 AN APPLICATION TO THE DEPARTMENT WITHIN TWO YEARS OF THE EFFECTIVE  DATE
 OF THIS SECTION:
   1.  APPLICANTS  MAY  BE  LICENSED  IF  THEY HAVE BEEN PRACTICING AS AN
 ANESTHESIOLOGIST ASSISTANT IN ANOTHER JURISDICTION FOR FIVE YEARS OUT OF
 THE PRIOR TEN YEARS IN AN INPATIENT UNIT THAT PROVIDES  ANESTHESIA  CARE
 SERVICES IN A HOSPITAL APPROVED BY THE DEPARTMENT OF HEALTH AND ACCEPTA-
 BLE TO THE COMMITTEE AND THE DEPARTMENT, AT LEAST THREE OF SUCH YEARS OF
 EXPERIENCE HAVING OCCURRED DURING THE PRIOR FIVE YEARS; OR
   2.  APPLICANTS WHO POSSESS CERTIFICATION FROM A NATIONAL CERTIFICATION
 ORGANIZATION SUCH AS THE NCCAA OR ONE FOUND ACCEPTABLE TO THE  COMMITTEE
 AND  THE  DEPARTMENT  MAY  BE  LICENSED IF THEY HAVE BEEN EMPLOYED AS AN
 ANESTHESIOLOGIST ASSISTANT IN ANOTHER  JURISDICTION  FOR  THREE  OF  THE
 PRIOR FIVE YEARS.
   §  6549-N. STATE COMMITTEE FOR ANESTHESIOLOGIST ASSISTANTS. 1. A STATE
 COMMITTEE FOR ANESTHESIOLOGIST ASSISTANTS  SHALL  BE  APPOINTED  BY  THE
 A. 10498                            3
 
 BOARD  OF  REGENTS  UPON  THE  RECOMMENDATION  OF  THE COMMISSIONER AS A
 COMMITTEE OF THE BOARD FOR MEDICINE TO ADVISE SOLELY IN MATTERS RELATING
 TO THE PRACTICE  OF  ANESTHESIOLOGIST  ASSISTANT  AND  SHALL  ASSIST  ON
 MATTERS OF LICENSURE AND PROFESSIONAL CONDUCT.
   2.  THE COMMITTEE SHALL CONSIST OF NO FEWER THAN EIGHT INDIVIDUALS, TO
 BE COMPOSED OF A MINIMUM OF THE FOLLOWING:
   A. FOUR LICENSED ANESTHESIOLOGIST ASSISTANTS;
   B. TWO LICENSED PHYSICIANS BOARD  CERTIFIED  IN  ANESTHESIOLOGY  BY  A
 NATIONAL CERTIFYING BODY RECOGNIZED BY THE DEPARTMENT; AND
   C. TWO REPRESENTATIVES OF THE PUBLIC AT LARGE.
   §  6549-O.  LIMITED PERMITS. 1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
 REQUIREMENTS FOR LICENSURE AS AN ANESTHESIOLOGIST ASSISTANT  UNDER  THIS
 ARTICLE EXCEPT THOSE RELATING TO THE EXAMINATION SHALL BE ELIGIBLE FOR A
 LIMITED PERMIT.
   2.  LIMIT  OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS
 AN ANESTHESIOLOGIST ASSISTANT ONLY PURSUANT TO THE ORDER  AND  DIRECTION
 AND UNDER THE DIRECT SUPERVISION OF A LICENSED PHYSICIAN BOARD CERTIFIED
 IN  ANESTHESIOLOGY  BY  A NATIONAL CERTIFYING ORGANIZATION RECOGNIZED BY
 THE DEPARTMENT.
   3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
 ISSUANCE.  A  LIMITED PERMIT MAY BE EXTENDED FOR ONE ADDITIONAL YEAR FOR
 GOOD CAUSE AS DETERMINED BY THE DEPARTMENT.
   4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL BE FORTY DOLLARS.
   § 6549-P. EXEMPT PERSONS. THIS ARTICLE  SHALL  NOT  PROHIBIT:  1.  THE
 ANESTHESIOLOGY  CARE  SERVICES BY ANY STUDENT WHO IS ENGAGED IN CLINICAL
 TRAINING IN A GENERAL HOSPITAL LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT
 OF THE PUBLIC HEALTH LAW AND WHO  IS  ENROLLED  IN  AN  ANESTHESIOLOGIST
 ASSISTANT  PROGRAM  FOUND  ACCEPTABLE  BY  THE DEPARTMENT, PROVIDED SUCH
 PRACTICE IS LIMITED TO SUCH CLINICAL TRAINING WHICH SHALL BE CARRIED OUT
 PURSUANT TO THE ORDER AND DIRECTION AND UNDER THE DIRECT SUPERVISION  OF
 A  LICENSED  PHYSICIAN  BOARD  CERTIFIED IN ANESTHESIOLOGY BY A NATIONAL
 CERTIFYING BODY RECOGNIZED BY THE DEPARTMENT;
   2. THE PERFORMANCE OF ANY OF THE TASKS OR RESPONSIBILITIES INCLUDED IN
 THE DEFINITION OF THE PRACTICE  OF  ANESTHESIOLOGIST  ASSISTANT  BY  ANY
 OTHER  INDIVIDUAL LICENSED UNDER THIS TITLE, PROVIDED THAT SUCH TASKS OR
 RESPONSIBILITIES ARE AUTHORIZED BY THE ARTICLE GOVERNING THE  PROFESSION
 PURSUANT TO WHICH SUCH INDIVIDUAL IS LICENSED; OR
   3.  THE  PRACTICE  OF  ANESTHESIOLOGY  CARE  BY  ANY LEGALLY QUALIFIED
 ANESTHESIOLOGIST ASSISTANT OF ANY OTHER JURISDICTION WHO IS  SERVING  IN
 THE  ARMED  FORCES  OR THE PUBLIC HEALTH SERVICE OF THE UNITED STATES OR
 WHO IS EMPLOYED BY THE VETERANS ADMINISTRATION,  WHILE  ENGAGED  IN  THE
 PERFORMANCE OF SUCH ANESTHESIOLOGIST ASSISTANT'S DUTIES.
   § 3. This act shall take effect immediately.