Anesthesiologist assistants licensing.

25LSO-0565
2025
STATE OF WYOMING
25LSO-0565
ENGROSSED
3.0

SENATE FILE NO. SF0112

Anesthesiologist assistants licensing.

Sponsored by: Senator(s) Schuler and Pappas and Representative(s) Storer and Wylie

A BILL

for

AN ACT relating to professions and occupations; providing for the licensing of anesthesiologist assistants and specifying scope of practice; creating and amending definitions; providing for temporary licenses as specified; providing for the imposition of fees; providing for the suspension, restriction, revocation or nonrenewal of licenses as specified; providing for license reinstatement and reactivation; creating a criminal penalty; providing for a hearing; amending the composition of the board of medicine; requiring rulemaking; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 33
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26
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801 through 33
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26
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811 are created to read:

ARTICLE 8
ANESTHESIOLOGIST ASSISTANTS

33
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26
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801.

Definitions.

(a)

As used in this article:

(i)

"Alternate anesthesiologist" means an anesthesiologist designated by the supervising anesthesiologist to ensure supervision of the anesthesiologist assistant in the supervising anesthesiologist's absence. An alternate anesthesiologist is subject to the same requirements imposed upon the supervising anesthesiologist;

(ii)

"Anesthesiologist" means a physician who has completed a residency in anesthesiology approved by the American board of anesthesiology, the American osteopathic board of anesthesiology or its predecessor or successor organization and is licensed under article 3 of this chapter;

(iii)

"Anesthesiologist assistant" means any person licensed under this article who:

(A)

Has graduated from an anesthesiologist assistant education program approved by the CAAHEP or its predecessor or successor agency;

(B)

Has satisfactorily completed a certification examination administered by the NCCAA or other national anesthesiologist assistant certifying agency that has been reviewed and approved by the board and is currently certified; and

(C)

Is approved by the board to assist in the practice of medicine under the supervision of an anesthesiologist or group of anesthesiologists approved by the board to supervise the person.

(iv)

"Assist" means the anesthesiologist assistant may personally perform those duties and responsibilities delegated to the anesthesiologist assistant by the supervising anesthesiologist with the supervising anesthesiologist being physically on
‑
site;

(v)

"Board" means the Wyoming board of medicine;

(vi)

"Certification examination" means the initial certifying examination approved by the board for the certification of anesthesiologist assistants including, but not limited to, the examination administered by the NCCAA or other national anesthesiologist assistant certifying agency established for such purpose that has been reviewed and approved by the board;

(vii)

"License" means a license to practice as an anesthesiologist assistant in this state;

(viii)

"Licensee" means a person licensed to practice as an anesthesiologist assistant under this article;

(ix)

"NCCAA" means the national commission on the certification of anesthesiologist assistants;

(x)

"On
‑
site" means within the facility where anesthesia services may be needed including the operating room suites, intensive care unit, emergency room, obstetric suite, endoscopy suite, radiology suite, cardiac services suite and recovery room;

(xi)

"Supervising anesthesiologist" means an anesthesiologist approved by the board to supervise an anesthesiologist assistant and who agrees to be responsible for the medical acts of an anesthesiologist assistant;

(xii)

"Supervision" means the ready, on
‑
site availability of the supervising anesthesiologist or certified registered nurse anesthetist for consultation and direction of the activities of the anesthesiologist assistant.

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802.

Scope.

(a)

This article shall not apply to persons enrolled in an anesthesiologist assistant program.

(b)

A certified registered nurse anesthetist approved by the state board of nursing to supervise anesthesiologist assistants may perform all of the duties and responsibilities authorized by this article for a supervising anesthesiologist, except that certified registered nurse anesthetists may be prohibited from supervising anesthesiologist assistants during or on procedures where the federal center for Medicare and Medicaid services has lawful authority to regulate the payment for the procedure and where the use of anesthesiologist assistants supervised by a certified registered nurse anesthetist is not allowed or authorized or would result in the reduction or elimination of reimbursement amounts.

(c)

An anesthesiologist assistant may perform those duties and responsibilities delegated to the anesthesiologist assistant by a supervising anesthesiologist and under the supervision of the supervising anesthesiologist. A supervising anesthesiologist may delegate duties to an anesthesiologist assistant within the scope of the supervising anesthesiologist's practice and expertise and within the skills and expertise of the anesthesiologist assistant.

(d)

Nothing in this article shall be construed to prevent an anesthesiologist assistant from having access to and being able to obtain drugs as directed by the supervising anesthesiologist.

(e)

Nothing in this article shall be construed to conflict with or alter the provisions and requirements of W.S. 33
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101 through 33
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703.

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803.

Board powers and duties.

(a)

The board shall review the qualifications and determine the fitness of all persons desiring to practice as anesthesiologist assistants.

(b)

The board shall:

(i)

Grant, renew, refuse to grant or renew, suspend, restrict, revoke and reinstate licenses;

(ii)

Investigate allegations that an anesthesiologist assistant or supervising anesthesiologist has engaged in conduct constituting a ground for revocation in W.S. 33
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402 or 33
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808(a);

(iii)

Conduct informal interviews and contested cases;

(iv)

Promulgate rules governing the licensure and practice of anesthesiologist assistants. The board shall consult with the state board of nursing before promulgating rules under this paragraph;

(v)

Retain jurisdiction over only those licensees who were granted temporary or full licenses, regardless of whether the license expired, lapsed or was relinquished during or after the alleged occurrence of conduct prescribed in W.S. 33
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402 by the licensee or after the board receives a court order pursuant to W.S. 33
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808(c) for the licensee;

(vi)

Review the qualifications of anesthesiologists desiring to serve as a supervising anesthesiologist or alternate anesthesiologist including the compatibility of the supervising anesthesiologist's or alternate anesthesiologist's specialty and scope of practice with that of the anesthesiologist assistant to be supervised.

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804.

License required; application; qualifications; consideration of applications.

(a)

No person shall practice as an anesthesiologist assistant or represent themselves as a "certified anesthesiologist assistant", "licensed anesthesiologist assistant", "anesthesiologist assistant", "C.A.A." or "A.A." without a license granted by the board.

(b)

The board shall grant an anesthesiologist assistant license to an applicant who:

(i)

Has graduated from an anesthesiologist assistant program accredited by CAAHEP or its predecessor or successor organization;

(ii)

Has satisfactorily completed a certification examination administered by NCCAA or other national certifying agency that has been reviewed and approved by the board and is currently certified;

(iii)

Completes an application on a form approved by the board; and

(iv)

Pays the fees set forth in W.S. 33
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807.

(c)

No person shall act as a supervising anesthesiologist or alternate anesthesiologist without a license granted by the board under article 3 of this chapter. The board shall promulgate rules governing the board's consideration of an application by an anesthesiologist to supervise anesthesiologist assistants.

Any application shall include at a minimum:

(i)

The qualifications of the anesthesiologist to be employed, including experience;

(ii)

The professional background of the anesthesiologist;

(iii)

A description by the anesthesiologist of that anesthesiologist's practice and the way in which the anesthesiologist assistant will be utilized, including method of supervision.

(d)

The board shall approve an application by an anesthesiologist to supervise anesthesiologist assistants if the board is satisfied that each proposed anesthesiologist assistant is fully qualified to assist in the practice of medicine under the responsible supervision of the applicant supervising anesthesiologist and that the supervising anesthesiologist is compatible in specialty scope and qualified to supervise the anesthesiologist assistants. The board shall provide by rule for requirements and limitations on the practice by and supervision of anesthesiologist assistants including the number of anesthesiologist assistants who may be supervised concurrently and the board shall not allow an anesthesiologist to supervise more than four (4) anesthesiologist assistants concurrently.

(e)

The state board of nursing shall approve an application by a certified registered nurse anesthetist to supervise anesthesiologist assistants if the board is satisfied that each proposed anesthesiologist assistant is fully qualified to assist under the responsible supervision of the applicant certified registered nurse anesthetist and that the certified registered nurse anesthetist is compatible in specialty scope and qualified to supervise the anesthesiologist assistants. The board of nursing shall provide by rule for requirements and limitations on the practice by and supervision of anesthesiologist assistants including the number of anesthesiologist assistants who may be supervised concurrently, and the board of nursing shall not allow a certified registered nurse anesthetist to supervise more than two (2) anesthesiologist assistants during a shift.

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805.

Temporary licenses.

(a)

The board may grant a temporary license to practice as an anesthesiologist assistant to a person who:

(i)

Completes a temporary license application;

(ii)

Has graduated from an anesthesiologist assistant program accredited by the CAAHEP or its predecessor or successor organization;

(iii)

Has not satisfactorily completed a certification examination administered by the NCCAA or other national certifying agency that has been reviewed and approved by the board and is currently certified; and

(iv)

Pays the temporary license fee prescribed in W.S. 33
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807.

(b)

Unless revoked, a temporary license is valid until the next board meeting following the date of issuance. The board may extend the temporary license at its discretion upon a showing of good cause for a period not to exceed one (1) year from the original date of issuance of the temporary license.

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806.

Term of license; renewal; reactivation.

(a)

All licenses other than temporary licenses shall expire annually on December 31. An anesthesiologist assistant may renew a license by completing and submitting a renewal application form published by the board and by paying a renewal fee to the board before expiration of the current license.

(b)

The board may reactivate a lapsed license if the applicant pays a reactivation fee and meets the requirements for the reactivation of a license as set by rule of the board.

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807.

License fees.

(a)

The board shall by rule set appropriate license application, renewal and reinstatement fees, examination fees and fees for information verification or document production and other services of the board under this chapter.

(b)

Fees shall be deposited as provided in W.S. 33
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307(b).

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808.

Denial, suspension, restriction, revocation or nonrenewal of license; written orders and findings; department of family services actions.

(a)

The board may refuse to renew and may revoke, suspend or restrict a license or take other disciplinary action, including the imposition of conditions or restrictions upon a license on one (1) or more of the grounds enumerated under W.S. 33
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402(a)(i) through (xxxvi) except that for purposes of this section, "practice of medicine" or "practice medicine," as used in W.S. 33
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402(a) means "practice as an anesthesiologist assistant."

(b)

Upon a finding of ineligibility for licensure, refusal to grant, suspension, restriction, refusal to renew or revocation of a license under subsection (a) of this section, the board shall adopt and enter a written order and findings.

(c)

Upon receipt from the department of family services of a certified copy of an order from a court to withhold, suspend or otherwise restrict a license issued by the board, the board shall notify the party named in the court order of the withholding, suspension or restriction of the license in accordance with the terms of the court order. No appeal under the Wyoming Administrative Procedure Act shall be allowed for a license withheld, suspended or restricted under this subsection.

(d)

If the public health, safety or welfare requires emergency action the board may temporarily suspend the license of any licensee without a hearing pursuant to W.S. 16
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113(c).

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809.

Reinstatement of license; removal of restrictions or conditions from a license.

(a)

Except as provided in subsection (g) of this section, any person whose license has been revoked, restricted or suspended under this chapter, voluntarily or by action of the board, may petition for reinstatement of the license or for removal of any restrictions or conditions placed upon the license pursuant to W.S. 33
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808 not less than six (6) months after final judicial review of a board order revoking, restricting, placing conditions upon or suspending the petitioner's license or six (6) months after the date of the board order if there is no judicial review.

(b)

The petitioner shall submit a petition in writing to the board that, at a minimum, sets forth and provides information regarding the petitioner's fulfillment of any and all conditions or compliance with all restrictions imposed upon petitioner by any prior order of the board or success in correcting the conduct that formed the basis for the revocation, restriction, conditions or suspension of the petitioner's license.

(c)

Upon receipt of the petition that contains the information required by subsection (b) of this section, the board shall set the matter for hearing in accordance with the provisions of the Wyoming Administrative Procedure Act. The burden of proof upon the petitioner at the hearing shall be to demonstrate by a preponderance of the evidence that the petitioner has:

(i)

Corrected the conduct that formed the basis for the revocation, restriction, conditions or suspension of the petitioner's license and that petitioner is able to safely, skillfully and competently resume practice as an anesthesiologist assistant; or

(ii)

Fulfilled all conditions and complied with all restrictions imposed upon petitioner by any prior order of the board, has otherwise corrected the conduct or condition that formed the basis for the restrictions or conditions placed on the petitioner's license and that petitioner is able to safely, skillfully and competently practice as an anesthesiologist assistant.

(d)

After a hearing conducted pursuant to subsection (c) of this section, the board shall issue specific findings of facts, conclusions of law and a final order:

(i)

Reinstating the license;

(ii)

Reinstating the license subject to restrictions or conditions;

(iii)

Removing or modifying the restrictions or conditions of the license; or

(iv)

Denying reinstatement of the license or removal of the restrictions or conditions on the license.

(e)

Any final order issued by the board shall be subject to judicial review as provided by W.S. 33
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407.

(f)

If the board denies a reinstatement or removal of restrictions or conditions, future petitions for reinstatement or removal of restrictions or conditions may be submitted not less than one (1) year after the board's final order denying reinstatement or removal of restrictions or conditions.

(g)

Notwithstanding subsections (a) through (d) of this section, if a license is suspended or restricted under W.S. 33
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808(c), the license may be reissued without a hearing as provided in this section upon receipt from the department of family services of notice that the applicant has complied with the terms of the court order that resulted in the suspension or restriction of the license under W.S. 33
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808(c).

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810.

Penalties.

Any person practicing as an anesthesiologist assistant without a license or any person knowingly employing a person to practice as an anesthesiologist assistant without a license is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.

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811.

Voluntary and mandatory revocation; restriction; suspension.

(a)

A licensee may request in writing that the board accept the voluntary relinquishment, restriction or suspension of the licensee's license.

The board may accept the relinquished license, grant the request for restriction or suspension, attach conditions to the license, deny the request or waive the commencement of any proceedings under this article. The board shall put in writing any agreement with the licensee. Removal of a voluntary relinquishment, restriction or suspension is subject to the procedure for reinstatement of a license pursuant to W.S. 33
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809.

(b)

Unless the board and the licensee have agreed to the relinquishment of or imposition of restrictions or conditions on a license under this section, the board shall conduct a proceeding to suspend, restrict, refuse to renew or revoke a license as a contested case under the Wyoming Administrative Procedure Act.

Section 2
.

W.S. 33
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102(a)(intro) and by creating new paragraphs (xxx) and (xxxi) and 33
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201(a) are amended to read:

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102.

Definitions.

(a)

Except as otherwise provided, a
s used in this chapter:

(xxx)

"CAAHEP" means the commission on accreditation of allied health education programs;

(xxxi)

"CAHEA" means the committee on allied health education and accreditation.

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201.

State board of medicine; composition; appointment; terms; qualifications; removal; vacancies; quorum.

(a)

The Wyoming state board of medicine shall consist of
five (5)
six (6)
physicians licensed to practice medicine in Wyoming, not less than one (1) of whom shall possess the degree of doctor of osteopathy
,

and
not less than two (2) of whom shall possess the degree of doctor of medicine
,

and not less than one (1) of whom shall be an anesthesiologist. The state board shall also consist of
one (1) physician assistant
, one (1) anesthesiologist assistant
and two (2) lay members
.
,

All members shall be
appointed by the governor by and with the consent of the senate as required by W.S. 28
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101 through 28
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103. Board members appointed by the governor shall serve at the pleasure of the governor. The board members shall annually elect a president, a vice
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president, and a secretary.

Section 3.

W.S. 33
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501(a)(viii) and (ix) is repealed.

Section 4
.

This act is effective July 1, 2025
.

(END)

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SF0112