Missouri Moves Closer to Offering Anesthesiologist Assistant
Program

Lisa Percy, J.D., Manager
State Legislative and Regulatory Affairs


significant step has been made toward the creation of the fifth anesthesiologist assistant (AA) program in the United States. The University of Missouri Board of Curators approved the creation of a Master of Science in Anesthesia program at the University of Missouri-Kansas City (UMKC) School of Medicine. The Missouri budget for fiscal year 2007 included additional funding for anesthesiology studies for UMKC. Next, the program will seek accreditation by the Commission on Accreditation of Allied Health Education Programs. The program plans to begin accepting students in the summer of 2007. UMKC’s program will join AA programs currently offered at Case Western Reserve University (Cleveland, Ohio), Emory University School of Medicine (Atlanta, Georgia), Nova Southeastern University (Davie, Florida) and South University (Savannah, Georgia).

AA Licensure Legislation
North Carolina AA licensure legislation that carried over from 2005 after receiving overwhelming support from the House Health Committee (24-4) died in the House Rules Committee. Neither the House Rules Committee nor full House of Representatives was provided the opportunity to vote on H.B. 1330 before the General Assembly adjourned for the year.

It is not for lack of support that the bill did not become law this session. In addition to its success in the House Health Committee, H.B. 1330 received unanimous support in both Senate health and finance committees and bipartisan support by the full Senate (42-3). After the bill passed the Senate, the Speaker of the House assigned the bill to the House Rules Committee where it remained until the General Assembly adjourned. Although legislation licensing AAs will have to be introduced again in 2007, this issue continues to retain its bipartisan support in the House and Senate.

Governor Robert Ehrlich of Maryland vetoed the prescription drug monitoring bills that were passed by the Maryland General Assembly in May <www.ASAhq.org/Newsletters/2006/06-06/stateBeat06_06.html>. S.B. 333/ H.B. 1287 would have directed the Department of Health and Mental Hygiene to establish a prescription drug monitoring program that electronically collects and stores data concerning monitored prescription drugs. Governor Ehrlich’s reasons for the veto include the bill’s fiscal implications, potential encroachment on adequate pain management and patient confidentiality. Although the bills were vetoed, Governor Ehrlich directed the Department of Health and Mental Hygiene and Maryland Health Care Commission to form an advisory group of relevant stakeholders to examine prescription drug monitoring in addition to other ways to limit prescription drug abuse and diversion. The advisory group will focus on the following issues: use of electronic records, electronic monitoring of controlled drug prescriptions, pain management standard of care, patient confidentiality and addiction. The Maryland Health Care Commission and the Department of Health and Mental Hygiene will report their progress and recommendations by year-end.

Pain Management Litigation
The Louisiana Society of Anesthesiologists and ASA have jointly filed an amicus brief in the litigation concerning the Louisiana nursing board’s advisory opinion that allows nurse anesthetists to perform interventional pain management procedures. The Spine Diagnostic Center of Baton Rouge appealed the judge’s ruling that the nursing board merely issued an opinion rather than a rule. The Center contends that the “opinion” in effect constitutes a rule. Louisiana statutory law, however, requires nursing scope-of-practice issues to be established only in an administrative rule in accordance with specific rule-making procedures under the Louisiana Administrative Procedures Act (LAPA). The Center contends that the nursing board circumvented this process by establishing scope of practice of a nurse anesthetist via an advisory opinion without following rule-making procedures required by LAPA. Therefore the appeal seeks an injunction and retraction of the advisory opinion. The American Society of Interventional Pain Physicians also has filed an amicus brief in support of the Center.