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                                                      PRINTER'S NO. 4158

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2313 Session of 2004


        INTRODUCED BY BARRAR, DAILEY, ARMSTRONG, BUNT, CREIGHTON, CRUZ,
           GEORGE, HORSEY, THOMAS, DENLINGER AND MILLARD, JUNE 23, 2004

        REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 23, 2004

                                     AN ACT

     1  Amending the act of May 22, 1951 (P.L.317, No.69), entitled, as
     2     amended, "An act relating to the practice of professional
     3     nursing; providing for the licensing of nurses and for the
     4     revocation and suspension of such licenses, subject to
     5     appeal, and for their reinstatement; providing for the
     6     renewal of such licenses; regulating nursing in general;
     7     prescribing penalties and repealing certain laws," further
     8     providing for definitions; and providing for certified
     9     registered nurse anesthetist qualifications.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 2(1) of the act of May 22, 1951 (P.L.317,
    13  No.69), known as The Professional Nursing Law, December 9, 2002
    14  (P.L.1567, No.206), is amended and the section is amended by
    15  adding a clause to read:
    16     Section 2.  Definitions.--When used in this act, the
    17  following words and phrases shall have the following meanings
    18  unless the context provides otherwise:
    19     (1)  The "Practice of Professional Nursing" means diagnosing
    20  and treating human responses to actual or potential health
    21  problems through such services as casefinding, health teaching,


     1  health counseling, and provision of care supportive to or
     2  restorative of life and well-being, and executing medical
     3  regimens as prescribed by a licensed physician or dentist. The
     4  foregoing shall not be deemed to include acts of medical
     5  diagnosis or prescription of medical therapeutic or corrective
     6  measures, except as performed by a certified registered nurse
     7  practitioner acting in accordance with rules and regulations
     8  promulgated by the Board. Other than the administration of
     9  conscious sedation, the foregoing shall be deemed to include the
    10  administration of anesthesia only if performed by a certified
    11  registered nurse anesthetist.
    12     * * *
    13     (15)  "Certified registered nurse anesthetist" means a
    14  registered nurse licensed in this Commonwealth and certified by
    15  the Board, pursuant to section 3.2, to administer anesthesia.
    16     Section 2.  The act is amended by adding sections to read:
    17     Section 3.2.  Certified Registered Nurse Anesthetists;
    18  Qualifications.--(a)  The Board shall certify a licensed
    19  registered nurse as a certified registered nurse anesthetist if
    20  the nurse satisfies the requirements established by this act and
    21  regulations promulgated by the Board.
    22     (b)  Certification of a nurse under this section shall expire
    23  on the same date as the license of that nurse expires.
    24     (c)  A licensed registered nurse shall not qualify for
    25  certification by the Board under this section unless the nurse:
    26     (1)  has successfully completed the educational program of a
    27  school for nurse anesthetists accredited by an accrediting
    28  agency recognized by the Board; and
    29     (2)  holds certification as a certified registered nurse
    30  anesthetist by a Board-recognized national certification
    20040H2313B4158                  - 2 -     

     1  organization.
     2     (d)  A licensed registered nurse who is enrolled in an
     3  educational program of a school for nurse anesthetists
     4  accredited by an accrediting agency recognized by the Board may,
     5  during such enrollment, administer anesthesia under the
     6  direction of the chief or director of anesthesia services, a
     7  Board-certified anesthesiologist or a certified registered nurse
     8  anesthetist.
     9     (e)  A licensed registered nurse who has obtained the
    10  education required by subsection (c) of the act, but who has not
    11  yet obtained certification as a registered nurse anesthetist may
    12  administer anesthesia under the direction of the chief or
    13  director of anesthesia services, a Board-certified
    14  anesthesiologist or a certified registered nurse anesthetist
    15  until the announcement of results of the first examination taken
    16  for certification for which the registered nurse is eligible. If
    17  the registered nurse fails to take, or fails to pass, that
    18  examination, he or she shall immediately cease practicing as a
    19  nurse anesthetist, Provided, however, That the registered nurse
    20  may appeal to the Board for authority to continue practicing as
    21  a nurse anesthetist if, due to extenuating circumstances, he or
    22  she is unable to take the examination in a time period specified
    23  by the Board following attainment of the required education.
    24     Section 3.3.  Certified Registered Nurse Anesthetists; Scope
    25  of Practice.--(a)  A certified registered nurse anesthetist
    26  shall administer anesthesia in cooperation with a physician,
    27  dentist or podiatrist. For purposes of this section,
    28  "cooperation" shall mean a process in which the certified
    29  registered nurse anesthetist and the physician, dentist or
    30  podiatrist work together with each contributing an area of
    20040H2313B4158                  - 3 -     

     1  expertise at his or her individual and respective level of
     2  education and training.
     3     (b)  A certified registered nurse anesthetist's performance
     4  shall be under the overall direction of the chief or director of
     5  anesthesia services: Provided, however, That in situations or
     6  health care delivery facilities where anesthesia services are
     7  not mandatory, the certified registered nurse anesthetist's
     8  performance shall be under the overall direction of the
     9  physician, dentist or podiatrist responsible for the patient's
    10  care.
    11     (c)  When the operating/anesthesia team consists entirely of
    12  nonphysicians, the certified registered nurse anesthetist shall
    13  have available to him or her, by physical presence or electronic
    14  communication, an anesthesiologist or consulting physician of
    15  the certified registered nurse anesthetist's choice.
    16     Section 3.  Nothing in this act shall be construed to
    17  prohibit the continued practice of certified registered nurse
    18  anesthetists who were authorized to practice in this
    19  Commonwealth on the effective date of this act.
    20     Section 4.  This act shall take effect in 60 days.







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