S*0142(Rat #0351, Act #0321 of 2006)  General Bill, By Hayes
 AN ACT TO AMEND SECTION 40-47-1210 OF THE CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE
 PRACTICE ACT, SO AS TO REVISE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND
 "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION
 AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS AND TO REVISE
 THE DEFINITION OF "SPONSORING ANESTHESIOLOGIST" TO FURTHER SPECIFY
 PROFESSIONAL REQUIREMENTS AND TO PROVIDE THAT THE SPONSORING ANESTHESIOLOGIST
 ALSO MAY BE THE SUPERVISING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1240,
 RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO ALLOW A
 BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION
 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN
 ACTING AS A SUPERVISING ANESTHESIOLOGIST, SO AS TO CHANGE THE TERM TO A
 SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1250, RELATING TO
 SUPERVISION OF ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO AUTHORIZE AN
 ANESTHESIOLOGIST'S ASSISTANT TO BE SUPERVISED BY A SUPERVISING, RATHER THAN A
 SPONSORING, ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1275, RELATING TO THE
 PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S
 ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, TO CHANGE THE TERM
 TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO
 FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NAME OF A SUPERVISOR FEE
 TO A SUPERVISOR SPONSOR FEE. - ratified title

   12/15/04  Senate Prefiled
   12/15/04  Senate Referred to Committee on Medical Affairs
   01/11/05  Senate Introduced and read first time SJ-150
   01/11/05  Senate Referred to Committee on Medical Affairs SJ-150
   03/07/06  Senate Committee report: Favorable with amendment
                     Medical Affairs SJ-7
   04/05/06  Senate Amended SJ-32
   04/05/06  Senate Read second time SJ-32
   04/06/06  Senate Read third time and sent to House SJ-7
   04/13/06  House  Introduced and read first time HJ-9
   04/13/06  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-9
   05/17/06  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-96
   05/18/06         Scrivener's error corrected
   05/24/06  House   Amendment No. 1 (Committee amendment) tabled HJ-73
   05/24/06  House  Read second time HJ-73
   05/25/06  House  Read third time and enrolled HJ-15
   05/31/06         Ratified R 351
   06/02/06         Signed By Governor
   06/09/06         Copies available
   06/09/06         Effective date 06/02/06
   06/16/06         Act No. 321

(A321, R351, S142)

AN ACT TO AMEND SECTION 40-47-1210 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE ANESTHESIOLOGIST'S ASSISTANCE PRACTICE ACT, SO AS TO REVISE THE DEFINITIONS OF "ANESTHESIOLOGIST" AND "SUPERVISING ANESTHESIOLOGIST" BY ADDING THE AMERICAN OSTEOPATHIC ASSOCIATION AS A RECOGNIZED ENTITY FOR APPROVAL OF ANESTHESIOLOGY PROGRAMS AND TO REVISE THE DEFINITION OF "SPONSORING ANESTHESIOLOGIST" TO FURTHER SPECIFY PROFESSIONAL REQUIREMENTS AND TO PROVIDE THAT THE SPONSORING ANESTHESIOLOGIST ALSO MAY BE THE SUPERVISING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1240, RELATING TO THE LICENSURE OF ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO ALLOW A BOARD DESIGNEE TO REVIEW AN APPLICANT'S QUALIFICATIONS; TO AMEND SECTION 40-47-1245, RELATING TO THE PROTOCOL AN ANESTHESIOLOGIST SHALL ADOPT WHEN ACTING AS A SUPERVISING ANESTHESIOLOGIST, SO AS TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1250, RELATING TO SUPERVISION OF ANESTHESIOLOGIST'S ASSISTANTS, SO AS TO AUTHORIZE AN ANESTHESIOLOGIST'S ASSISTANT TO BE SUPERVISED BY A SUPERVISING, RATHER THAN A SPONSORING, ANESTHESIOLOGIST; TO AMEND SECTION 40-47-1275, RELATING TO THE PROCEDURE REQUIRED WHEN THE RELATIONSHIP BETWEEN AN ANESTHESIOLOGIST'S ASSISTANT AND A SUPERVISING ANESTHESIOLOGIST IS TERMINATED, TO CHANGE THE TERM TO A SPONSORING ANESTHESIOLOGIST; AND TO AMEND SECTION 40-47-1295, RELATING TO FEES FOR ANESTHESIOLOGIST'S ASSISTANTS, TO CHANGE THE NAME OF A SUPERVISOR FEE TO A SUPERVISOR SPONSOR FEE.

Be it enacted by the General Assembly of the State of South Carolina:

Definition

SECTION    1.    Section 40-47-1210(1) and (7) of the 1976 Code, as added by Act 57 of 2001, is amended to read:

"(1)    'Anesthesiologist' means a physician who has successfully completed an approved anesthesiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, American Osteopathic Association, or its equivalent or successor.

(7)    'Supervising anesthesiologist' means a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in South Carolina who practices in the medical specialty of anesthesiology and has successfully completed a residency in anesthesiology, approved by the Accreditation Committee on Graduate Medical Education, American Osteopathic Association, or its equivalent or successor."

Definition

SECTION    2.    Section 40-47-1240(8) of the 1976 Code, as added by Act 57 of 2001, is amended to read:

"(8)    appeared before a board member or board designee with his or her sponsoring anesthesiologist, presenting all original diplomas and certificates and demonstrated knowledge of the contents of this article; and"

Sponsoring anesthesiologist's practice protocol

SECTION    3.    Section 40-47-1245 of the 1976 Code, as added by Act 57 of 2001, is amended to read:

"Section 40-47-1245.    An anesthesiologist who agrees to act as the sponsoring anesthesiologist of an anesthesiologist's assistant shall adopt a written practice protocol that delineates the service that the anesthesiologist's assistant is authorized to provide and the manner in which the anesthesiologist will supervise the anesthesiologist's assistant. The anesthesiologist shall base the provisions of the protocol on consideration of relevant quality assurance standards, including being present at the most important times of the case and timely review of the patient's anesthesia record at appropriate times during the course of the anesthetic procedure. The protocol must be reviewed by the anesthesiologist at least once a year."

Supervision of an anesthesiologist's assistant

SECTION    4.    Section 40-47-1250 of the 1976 Code, as added by Act 57 of 2001, is amended to read:

"Section 40-47-1250.    An anesthesiologist's assistant shall practice only under the supervision of a physician who is actively and directly engaged in the clinical practice of medicine and meets the definition of being a supervising anesthesiologist. An anesthesiologist may not supervise more than two anesthesiologist's assistants at any one time."

Changes to relationship between sponsoring anesthesiologist and anesthesiologist's assistant

SECTION    5.    Section 40-47-1275 of the 1976 Code, as added by Act 57 of 2001, is amended to read:

"Section 40-47-1275.    If the sponsoring relationship between an anesthesiologist's assistant and the sponsoring anesthesiologist is terminated for any reason, both the anesthesiologist's assistant and the sponsoring anesthesiologist shall inform the board immediately in writing of the termination, including the reasons for the termination. The approval of the practice setting terminates coterminous with the termination of the relationship, and practice shall cease until a new application is submitted by a sponsoring anesthesiologist and is approved by the board."

Fee

SECTION    6.    Section 40-47-1295(A)(5) of the 1976 Code, as added by Act 57 of 2001, is amended to read:

"(5)    change in supervisor sponsor fee, not to exceed three hundred dollars."

Definition

SECTION    7.    Section 40-47-1210(6) of the 1976 Code, as added by Act 57 of 2001, is amended by adding at the end:

"The sponsoring anesthesiologist must be a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in this State who practices in the medical specialty of anesthesiology, approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor. The sponsoring anesthesiologist also may be the supervising anesthesiologist."

Time effective

SECTION    8.    This act takes effect upon approval by the Governor.

Ratified the 31st day of May, 2006.

Approved the 2nd day of June, 2006.