EXECUTIVE ORDER MJF 01-31

Anesthesiologist Assistant Legislation Commission

WHEREAS, House Bill No. 1828 of the 2001 Regular Session of the Louisiana Legislature (hereafter "House Bill No. 1828") was passed for the laudable purpose of ensuring that only competent and skilled medical personnel participate in the delivery of medical care within the state of Louisiana;

WHEREAS, House Bill No. 1828 was vetoed by the governor because it would have statutorily prohibited the delegation, by a physician, of any medical tasks or duties related to the administration of anesthesia to an anesthesiologist assistant, thereby both prohibiting a line of work in the field of medicine, and a physician from delegating tasks to a supervised assistant for the treatment of the physician's patient; and

WHEREAS, the best interests of the citizens of the state of Louisiana are served by creating a commission charged with the duty of proposing draft legislation that will fulfill the intended purpose of House Bill No. 1828 and establish educational, training, licensing, and performance requirements for anesthesiologist assistants;

NOW THEREFORE I, M.J. "MIKE" FOSTER, JR., Governor of the state of Louisiana, by virtue of the authority vested by the Constitution and laws of the state of Louisiana, do hereby order and direct as follows:

SECTION 1: The Anesthesiologist Assistant Legislation Commission (hereafter "Commission") is established within the executive department, Office of the Governor.

SECTION 2: The duties of the Commission shall include, but are not limited to, proposing draft legislation that accomplishes the following:

A. Fulfills the purpose of House Bill No. 1828 of the 2001 Regular Session of the Louisiana Legislature by ensuring that only competent and skilled medical personnel participate in the delivery of medical care within the state of Louisiana; and

B. Sets forth the prerequisite qualifications and minimum education requirements and/or training levels necessary to become and/or continue to be licensed as an anesthesiologist assistant; the process for initial and renewal licensing of an anesthesiologist assistant; the scope of the duties, functions, and/or authority of an anesthesiologist assistant; and the circumstances under which a licensed anesthesiologist assistant shall be authorized to perform such duties, functions and/or authority.

SECTION 3: On or before October 1, 2001, the Commission shall submit draft legislation to the governor and the Louisiana Legislature which addresses the issues set forth in Section 2 of this Order.

SECTION 4: With the exception of the chairs of the House and Senate Health and Welfare Committees, and/or their designees, all members of the Commission shall be appointed by the governor. All non-ex-officio members shall serve at the pleasure of the governor. The Commission shall be composed of thirty-six (36) members selected as follows:

A. the governor, or the governor's designee;

B. the chair of the House Health and Welfare Committee, or the chair's designee;

C. the chair of the Senate Health and Welfare Committee, or the chair's designee;

D. three (3) members of the Louisiana Legislature;

E. the chancellor of the Louisiana State University Health Sciences Center - New Orleans campus, or the chancellor's designee;

F. the president of Xavier University of Louisiana, or the president's designee;

G. the chair of the Board of Regents, or the chair's designee;

H. the president of the Louisiana State Medical Society, or the president's designee;

I. the president of the Louisiana State Board of Medical Examiners, or the president's designee;

J. the president of the Louisiana Hospital Association, or the president's designee;

K. the president of the Metropolitan Hospital Council of New Orleans, or the president's designee;

L. the president of the Louisiana Association of Independent Colleges and Universities, or the president's designee;

M. the president of the Louisiana Chapter of the American College of Surgeons, or the president's designee;

N. the president of the Louisiana Society of Anesthesiologists, or the president's designee;

O. the director of the American Academy of Anesthesiologist Assistants, or the director's designee;

P. the executive vice-president of Alton Ochsner Medical Foundation, or the executive vice-president's designee;

Q. the president of the Louisiana State Board of Nursing, or the president's designee;

R. the president of the Louisiana State Nurses' Association, or the president's designee;

S. the president of the Louisiana Association of Nurse Anesthetists, or the president's designee;

T. five (5) retired or practicing certified registered nursing anesthetists licensed to practice in the state of Louisiana;

U. one (1) anesthesiologist assistant;

V. three (3) anesthesiologists licensed to practice in the state of Louisiana;

W. four (4) physicians licensed to practice in the state of Louisiana; and

X. two (2) citizens of the state of Louisiana selected at-large.

SECTION 5: The chair of the Commission shall be appointed by the governor from the membership of the Commission. All other officers, if any, shall be elected by the members of the Commission from its membership.

SECTION 6: The Commission shall meet at regularly scheduled intervals and at the call of the chair.

SECTION 7: Support staff, facilities, and resources for the meetings of the Commission and the performance of its duties shall be provided and/or coordinated by the Office of the Governor.

SECTION 8:

A. Commission members shall not receive additional compensation or a per diem from the Office of the Governor for serving on the Commission.

B. Commission members who are also an employee or elected public official of the state of Louisiana may seek reimbursement of travel expenses, in accordance with PPM 49, from their employing and/or elected department, agency, and/or office.

C. Commissions members who are also a member of the Louisiana Legislature may seek a per diem from the House of Representatives or the Senate, as appropriate, for their attendance at Commission meetings and/or service on the Commission.

SECTION 9: All departments, commissions, boards, agencies, and officers of the state, or any political subdivision thereof, are authorized and directed to cooperate with the Commission in implementing the provisions of this Order.

SECTION 10: This Order is effective upon signature and shall remain in effect until amended, modified, terminated, or rescinded by the governor, or terminated by operation of law.

IN WITNESS WHEREOF, I have set my hand officially and caused to be affixed the Great Seal of the state of Louisiana, at the Capitol, in the city of Baton Rouge, on this 16th day August, 2001.

M.J. "Mike" Foster, Jr.
Governor

ATTEST BY
THE GOVERNOR
Fox McKeithen
Secretary of State