Amendment ASA1-AB760

LRBs0337/1

RLR:jld/nwn:rs

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 760

March 16, 2010 - Offered by Representative Pasch.

AB760-ASA1,1,2 An Act to create 146.97 of the statutes; relating to: places where an anesthetic or sedative may be administered.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB760-ASA1, s. 1 Section 1. 146.97 of the statutes is created to read:

AB760-ASA1,1,5 146.97 Places where an anesthetic or sedative may be administered. (1) In this section:

AB760-ASA1,1,9 (a) "Major regional anesthesia" means neuraxial, nerve plexus, or proximal nerve branch anesthesia. "Major regional anesthesia" does not include a field block, a block distal to the elbow or knee, or anesthesia produced by a distal nerve branch injection or a trigger point injection.

AB760-ASA1,1,11 (b) "Medicare" means the program under Title XVIII of the federal Social Security Act, 42 USC 1395 et seq.

AB760-ASA1,2,4 (2) Except as provided under sub. (3), an anesthetic agent may be administered to humans to produce major regional anesthesia or general anesthesia, and a sedative may be administered to humans to produce moderate or deep sedation, only at any of the following places:

AB760-ASA1,2,5 (a) A hospital that is approved under s. 50.35.

AB760-ASA1,2,8 (b) A provider-based entity, as defined in 42 CFR 413.65 (a) (2), that satisfies the requirements under 42 CFR 413.65 (g) for provider-based status in relation to a hospital that is approved under s. 50.35.

AB760-ASA1,2,10 (c) A facility that is primarily used for the practice of dentistry, as defined in s. 447.01 (8).

AB760-ASA1,2,13 (d) A facility that has an agreement with the federal Centers for Medicare and Medicaid Services to participate in Medicare as an ambulatory surgical center and satisfies the conditions under 42 CFR part 416 subparts B and C.

AB760-ASA1,2,19 (e) A facility that is accredited by the Accreditation Association for Ambulatory Health Care or the American Association for Accreditation of Ambulatory Surgery Facilities, is accredited as an ambulatory surgical center by The Joint Commission, or is accredited by another national accrediting body from which the federal Centers for Medicare and Medicaid Services accepts accreditation of ambulatory surgical centers under 42 CFR 416.26 for purposes of participation in Medicare.

AB760-ASA1,2,23 (3) An anesthetic agent may be administered to humans to produce major regional anesthesia or general anesthesia, or a sedative may be administered to humans to produce moderate or deep sedation, at a place other than a place under sub. (2) in the course of providing emergency medical care.

AB760-ASA1,3,3 (4) (a) The department may require a facility at which an anesthetic agent is administered to humans to produce major regional anesthesia or general anesthesia, or at which a sedative is administered to humans to produce moderate or deep sedation, to produce documentation showing that the facility satisfies at least one of the criteria under sub. (2).

AB760-ASA1,3,6 (b) If a facility described under par. (a) does not satisfy any of the criteria under sub. (2), the department may issue an order prohibiting the facility from permitting any person to do any of the following at the facility:

AB760-ASA1,3,8 1. Administer an anesthetic agent to humans to produce major regional anesthesia or general anesthesia.

AB760-ASA1,3,10 2. Administer a sedative to humans to produce moderate or deep sedation, at the facility.

AB760-ASA1,3,13 (c) An order issued under par. (b) shall be enforced by the attorney general. The circuit court of Dane County shall have jurisdiction to enforce an order issued under par. (b) by injunction and other appropriate relief.

AB760-ASA1, s. 2 Section 2. Effective date.

AB760-ASA1,3,16 (1) This act takes effect on the first day of the 13th month beginning after publication.

AB760-ASA1,3,17 (End)