S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1072
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2025
                                ___________
 
 Introduced  by  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03015-01-5
 A. 1072                             2
              

 
 THE  ORDER  AND  DIRECTION  OF,  AND  UNDER THE DIRECT SUPERVISION OF, A
 LICENSED PHYSICIAN ANESTHESIOLOGIST.
   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.
 A. 1072                             3
 
   § 6549-N. STATE COMMITTEE FOR ANESTHESIOLOGIST ASSISTANTS. 1. A  STATE
 COMMITTEE  FOR  ANESTHESIOLOGIST  ASSISTANTS  SHALL  BE APPOINTED BY THE
 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.