5951355 Health, Department of - Notice of Final Rulemaking - Amend rules for Anesthesiologist Assistants, Sections 5114 and 5199  

  • DEPARTMENT OF HEALTH

     

    NOTICE OF FINAL RULEMAKING

     

    The Director of the Department of Health (“Department”), pursuant to District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14) (2012 Repl.)), as amended by the Anesthesiology Assistant Licensure Amendment Act of 2004, effective March 16, 2005 (D.C. Law 15-237; D.C. Official Code XXX), and Mayor’s Order 98-140, dated  August 20, 1998, hereby gives notice of the adoption of the following amendments to Chapter 51 (Anesthesiologist Hesiologist Assistants) of Title 17 (Business, Occupations, and Professionals) of the District of Columbia Municipal Regulations (DCMR).

     

    The adoption of the amendments to Chapter 51 is necessary to retitle the chapter; to correct a typographical capitalization error in the title of the chapter; to amend Section 5114 to increase the number of anesthesiologist assistants a supervisory anesthesiologist may supervise at any time to four (4); and to amend Section 5199 by adding a new definitions to two terms.

     

    This rulemaking was published in the D.C. Register as a proposed rulemaking on December 18, 2015 at 62 DCR 16127. Twenty-two comments were received, unanimously supporting the proposed amendments. 

     

    The Board of Medicine adopted these rules as final on January 27, 2016, and they will be effective upon publication of this notice in the D.C. Register.

     

    Chapter 51, Anesthesiologist Hesiologist Assistants, of Title 17 DCMR, BUSINESS, OCCUPATIONS, AND PROFESSIONALS, is amended as follows:

     

    The title of Chapter 51 is amended to read as follows:

     

    CHAPTER 51     Anesthesiologist Assistants

     

    Section 5114, SUPERVISING ANESTHIOLOGIST, is amended to as follows:

     

    Subsection 5114.2 is amended to read as follows:

     

    5114.2             A supervising anesthesiologist shall be present during the induction and emergence phases of a patient to whom anesthesia has been administered.

     

    Subsection 5114.3 is amended to read as follows:

     

    5114.3             A supervising anesthesiologist may supervise no more than four (4) anesthesiologist assistants at any one time, consistent with federal rules for reimbursement of anesthesia services.

     

     

    Section 5199, DEFINITIONS, is amended to as follows:

     

    The paragraph “Committee” is amended to read as follows:

     

    Committee - the Advisory Committee on Anesthesiologist Assistants, established by § 203(c-1) of the Act (D.C. Official Code § 3-1202.03(c-1) (2001 ed.)).

     

    A new paragraph “Immediately Available” is added to read as follows:

     

    Immediately available - the supervising anesthesiologist is:

     

    (a)                Present in the building or facility in which anesthesia services are being provided by assistant; and

     

    (b)               Able to directly provide assistance to the anesthesiologist assistant in providing anesthesia services to the patient in accordance with the prevailing standards of:

     

    (1)               Acceptable medical practice;

     

    (2)               The American Society of Anesthesiologists' guidelines for best practice of anesthesia in a care team model; and

     

    (3)        Any additional requirements established by the Board of Medicine through a formal rulemaking process.