The Agency for Health Care Administration ("AHCA") removed language from a proposed rule regarding anesthesiology services provided in ambulatory surgical centers which prompted a legal challenge from the Florida Society of Anesthesiologists ("FSA"). The FSA's primary contention against the proposed rule was that AHCA exceeded its authority in drafting a rule which violated Florida law by authorizing certified registered nurse anesthetists ("CRNAs") to supervise others in the performance of anesthesia services without a physician present. More specifically, the challenged proposed Rule 59A-5.0085(2)(a) stated that a qualified anesthesiologist or CRNA shall be responsible for coordinating and supervising all anesthesia services. The current rule does not include the language regarding the supervision of anesthesia services.
Earlier in 2014, the FSA successfully lobbied against PCB SCHCWI 14-01, which would have, among other things, given CRNAs independent status as independent advanced practice registered nurses and allowed them to administer anesthesia without physician supervision, if they meet certain experience and training criteria.
If you have any questions concerning this topic, please contact the member of our GrayRobinson health care practice group member with whom you work.
F. Ryan Waters
GrayRobinson, P.A.
301 East Pine Street
Suite 1400
Orlando, FL 32801
Phone: 407.843.8880
Fax: 407.244.5690