LRB-2645/1
PJH:kjf:ch
2005 - 2006 LEGISLATURE
November 15, 2005 - Introduced by Senators Darling and Kanavas, cosponsored
by Representatives Gielow, Suder, Ainsworth, Berceau, Davis, Gunderson,
Gundrum, Hahn, Lehman, Loeffelholz, Meyer, Nass, Nerison, Ott, Sheridan,
Towns, Vos and Wood. Referred to Committee on Health, Children, Families,
Aging and Long Term Care.
SB434,1,3
1An Act to create 448.35 and 448.40 (2) (h) of the statutes;
relating to:
2administering anesthesia in an office-based setting and requiring the exercise
3of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Medical Examining Board establishes standards, rules,
and conditions under which a person may practice medicine in this state.
This bill requires the Medical Examining Board to implement rules regarding
the administration of anesthesia in an office-based setting, a setting where medical
services are performed but that is not a hospital or an ambulatory surgery center.
Under the bill, no person may administer anesthesia in an office-based setting
unless he or she is either a physician who meets the standards of education and
training established by the board to administer anesthesia, or unless he or she is
under the direct supervision of a properly trained and educated physician. Further,
the bill requires the Medical Examining Board and each office that performs
anesthesia to establish written guidelines relating to the proper care and treatment
of patients who receive anesthesia.
Finally, the bill requires the presence of a physician trained in resuscitative
techniques and appropriate resuscitative equipment whenever a person receives
anesthesia in an office-based setting, and requires each office to report to the board
any complications related to surgery or to anesthesia that may arise. The bill does
not apply to a person who administers anesthesia while practicing dentistry.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB434, s. 1
1Section
1. 448.35 of the statutes is created to read:
SB434,2,2
2448.35 Administration of anesthesia.
(1) In this section:
SB434,2,53
(a) "Administer anesthesia" includes administering or inducing moderate
4sedation, deep sedation, major regional anesthesia, or general anesthesia in an
5office-based setting.
SB434,2,76
(b) "Office-based setting" means a location where medical services are
7performed that is not a hospital or an ambulatory surgery center.
SB434,2,13
8(2) No person may administer anesthesia in an office-based setting unless he
9or she is a physician that meets the minimum training and education standards set
10by the board for the administration of anesthesia in an office-based setting or unless
11he or she is operating under the direct supervision of a physician who meets the
12minimum training and education standards set by the board for the supervision of
13a person who administers anesthesia in an office-based setting.
SB434,2,18
14(3) No person may administer anesthesia in an office-based setting unless
15there is present or immediately available at least one physician who is trained in
16advanced resuscitative techniques and unless appropriate resuscitative equipment
17is present or immediately available until the patient who receives the anesthesia is
18discharged.
SB434,3,2
19(4) Any person who administers anesthesia in an office-based setting shall
20comply with standards established by the board for pre-anesthesia counseling for
1each patient, patient monitoring, recovery, record keeping, and discharge of each
2patient.
SB434,3,6
3(5) Any office-based setting where anesthesia is administered shall establish
4written procedures and policies regarding the administration of anesthesia,
5pre-anesthesia counseling for each patient, patient monitoring, recovery, record
6keeping, and discharge of each patient.
SB434,3,9
7(6) Any office-based setting where anesthesia is administered shall report to
8the board any complication or negative incident related to surgery, special
9procedures, or the administration of anesthesia in that office.
SB434,3,11
10(7) This section does not apply to a person who administers anesthesia as
11permitted by ch. 447.
SB434, s. 2
12Section
2. 448.40 (2) (h) of the statutes is created to read:
SB434,3,1313
448.40
(2) (h) Implementing s. 448.35.
