LRB-1935/3
PJH:kjf:jf
2005 - 2006 LEGISLATURE
December 5, 2005 - Introduced by Representatives Gielow, Suder, Ainsworth,
Berceau, Davis, Gunderson, Hahn, Lehman, Loeffelholz, Nass, Nerison, Ott,
Sheridan, Towns, Vos
and Wood, cosponsored by Senators Darling and
Kanavas. Referred to Committee on Health.
AB853,1,3 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, he or she is a nurse who
is certified to administer anesthesia, or unless he or she is an assistant, student, or
trainee 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

certain serious 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:
AB853, s. 1 1Section 1. 448.35 of the statutes is created to read:
AB853,2,2 2448.35 Administration of anesthesia. (1) In this section:
AB853,2,53 (a) "Administer anesthesia" includes administering or inducing moderate
4sedation, deep sedation, major regional anesthesia, or general anesthesia in an
5office-based setting.
AB853,2,76 (b) "Office-based setting" means a location where medical services are
7performed that is not a hospital or an ambulatory surgery center.
AB853,2,9 8(2) No person may administer anesthesia in an office-based setting unless he
9or she is one of the following:
AB853,2,1110 (a) A physician who meets the minimum training and education standards set
11by the board for the administration of anesthesia in an office-based setting.
AB853,2,1312 (b) A nurse anesthetist, as defined in s. 655.001 (9) working under the general
13supervision of a physician.
AB853,2,1514 (c) A trained anesthesiology assistant working under the direct supervision of
15an anesthesiologist.
AB853,2,1816 (d) A resident anesthesiologist from an accredited anesthesia training program
17or student nurse anesthetist or a student anesthesiologist assistant working under
18the direct supervision of an anesthesiologist.
AB853,3,2 19(3) No person may administer anesthesia in an office-based setting unless
20there is present or immediately available at least one physician who is trained in
21advanced resuscitative techniques and unless appropriate resuscitative equipment

1is present or immediately available until the patient who receives the anesthesia is
2discharged from anesthesia care.
AB853,3,7 3(4) Any person who administers anesthesia in an office-based setting shall
4comply with standards established by the board for patient care, including record
5keeping, preanesthesia patient evaluation and risk assessment, patient counseling,
6perianesthesia patient monitoring and patient monitoring during recovery from
7anesthesia, and patient discharge or transfer from the facility.
AB853,3,12 8(5) Any office-based setting where anesthesia is administered shall establish
9written procedures and policies for patient care, including record keeping,
10preanesthesia patient evaluation and risk assessment, patient counseling,
11perianesthesia patient monitoring and patient monitoring during recovery from
12anesthesia, and patient discharge or transfer from the facility.
AB853,3,17 13(6) Any office-based setting where anesthesia is administered shall report to
14the board any complication or negative incident related to surgery, special
15procedures, or the administration of anesthesia in that office that results in a
16patient's death within one week of the end of the procedure or a patient's admission
17to an acute health care facility within 72 hours of the end of the procedure.
AB853,3,19 18(7) This section does not apply to a person who administers anesthesia as
19permitted by ch. 447.
AB853, s. 2 20Section 2. 448.40 (2) (h) of the statutes is created to read:
AB853,3,2121 448.40 (2) (h) Implementing s. 448.35.
AB853,3,2222 (End)
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