A.
Basis: The authority for promulgation of these rules
and regulations by the Colorado Medical Board ("Board") is set forth in
sections 24-4-103,
12-240-119,
12-20-204(1),
12-240-106(1)(a),
12-240-120(1)(d),
12-20-202(2)(c)(II),
and 12-240-141(5),
C.R.S.
B.
Purpose: The purpose of these rules and regulations is
to set forth the process by which an anesthesiologist assistant may demonstrate
continued competency for the purpose of complying with the statutory sections
referenced above to obtain a Colorado anesthesiologist assistant license;
demonstrate qualifications substantially equivalent for licensure by
endorsement in this state pursuant to the Occupational Credential Portability
Program as set forth in section
12-20-202, C.R.S.; demonstrate at
least one year of having practiced as an anesthesiology assistant in another
jurisdiction with a scope of practice substantially similar to the scope of
practice in this state for licensure by endorsement pursuant to the
Occupational Credential Portability Program as set forth in section
12-20-202, C.R.S.; reinstate an
expired license; or reactivate an existing Colorado anesthesiologist assistant
license. The Board finds that due to the significant differences between the
nature of anesthesiologist assistant practice and the nature of physician
practice, it is necessary and appropriate to delineate different methods by
which anesthesiologist assistants and physicians shall demonstrate continued
competency as required by the Medical Practice Act. The significant differences
between the two types of practice include the requirements that
anesthesiologist assistants must be supervised by a licensed physician in
accordance with existing Board rules and regulations. The Board finds, however,
that if an anesthesiologist assistant has ceased clinical practice for two or
more years, the nature of the anesthesiologist assistant/physician supervisory
relationship in and of itself cannot compensate for potential knowledge and
clinical deficiencies, which may exist due to the lack of practice experience
for such an extended period of time.
C. LICENSURE BY ENDORSEMENT PURSUANT TO THE
OCCUPATIONAL CREDENTIAL PORTABILITY PROGRAM PURSUANT TO SECTION
12-20-202(3),
C.R.S.
1. For the purpose of licensure by
endorsement through the occupational credential portability program,
"substantially equivalent experience or credentials" means the applicant holds
a current, valid, and unrestricted license in another U.S. jurisdiction that
requires qualifications substantially equivalent to the qualifications for
licensure in this state; the applicant submits written verification they have
actively practiced as an anesthesiologist assistant in another jurisdiction for
the last two years or has otherwise maintained continued competency as
determined by the Board; and submits proof satisfactory to the Board and
attests that they have not been and are not subject to final or pending
disciplinary or other action by any state or jurisdiction in which the
applicant is or has been previously licensed except that, if the applicant is
or has been subject to action, the Board may review the action to determine
whether the underlying conduct warrants refusal of a license pursuant to
section 12-240-120, C.R.S.
2. To demonstrate continued competency for
purposes of complying with section
12-20-202(3),
C.R.S., an anesthesiologist assistant may:
a.
Submit proof satisfactory to the Board of active practice as an
anesthesiologist assistant in another jurisdiction for the one-year period
immediately preceding the filing of the application. If the anesthesiologist
assistant has practiced as an anesthesiologist assistant for only a portion of
the one-year period immediately preceding the filing of the application, the
Board may determine on a case-by-case basis in its discretion whether the
anesthesiologist assistant has adequately demonstrated continued competency to
practice as an anesthesiologist assistant;
b. Submit proof satisfactory to the Board of
having held for at least one year a current and valid anesthesiologist
assistant license in another jurisdiction with a scope of practice that is
substantially similar to the scope of practice for anesthesiologist assistants
as specified in section
12-240-107, C.R.S.
c. Submit to the Board the following:
(a) proof satisfactory to the Board that the
anesthesiologist assistant has been out of practice as an anesthesiologist
assistant for less than two years;
(b) proof of current certification by the
National Commission on Certification of Anesthesiologist Assistants ("NCCAA");
(c) CME hours as required by the
certifying body; and
(d) a written
plan satisfactory to the Board, documenting the nature, extent, and duration of
supervision that will be provided by the supervising physician to the
anesthesiologist assistant as the anesthesiologist assistant makes the
transition back into clinical practice; or
d. Submit to the Board proof of participation
in numerous professional activities, including but not limited to: maintenance
of certification (MOC) activities; successful completion of National Commission
on Certification of Anesthesiologist Assistants (NCCAA); category 1 approved
CME educational courses with relevance to practice;
teaching/lecturing/mentoring activities; non-patient care hospital or
organization committee participation, including quality, safety, pharmacy and
therapeutics, peer review, tumor board or other clinically relevant activities;
clinically applicable research; surveying on behalf of accreditation
organizations; or volunteer medical care provided overseas or in other
jurisdictions. The Board's Licensing Panel shall have discretion to consider an
applicant's activities on a case-by-case basis and may determine an applicant
has met continued competency through a combination of any of the above
activities or other relevant professional activities.
D. REENTRY LICENSE
For those anesthesiologist assistants who have been out of
practice as an anesthesiologist assistant for two or more years, (a) submit to
the Board a personalized competency evaluation report prepared by a program
approved by the Board, and (b) complete any education and/or training
recommended by the program as a result of the evaluation prior to obtaining a
license. In the discretion of the Board, the anesthesiologist assistant may be
able to receive a re-entry license prior to completing the education and/or
training recommended by the program for the purpose of facilitating the
completion of such education and/or training. All expenses resulting from the
evaluation and/or any recommended education and/or training are the
responsibility of the anesthesiologist assistant and not of the Board.
The Board will consider an applicant to be ineligible for a
reentry license if their period of inactive practice resulted from disciplinary
action or unprofessional conduct. If a reentry license is issued, such a
license is valid only for three years from the date of issue and is not
renewable. Failure to complete the training requirements before the end of the
three-year period will result in the reentry license being administratively
inactivated.
In the discretion of the Board, the anesthesiologist
assistant may be issued a re-entry license for the specific purpose of
completing the education and/or training requirements. The re-entry license is
valid for a single period of time not greater than three (3) years from the
date of issue. Failure to complete the education and/or training requirements
before the end of the three (3) year period for the re-entry license will
result in the re-entry license being administratively inactivated.
E. CONVERSION OF REENTRY LICENSE
When an applicant has timely and successfully completed the
training requirements, the applicant shall apply to the Licensing Panel of the
Board to convert the reentry license to full licensure by submitting a letter
to the Licensing Panel with documents that clearly establish timely and
successful completion of the training requirements. If the Board determines
that the applicant is competent and qualified to practice as an
anesthesiologist assistant, the Board will convert the reentry license to a
full license to practice as an anesthesiologist assistant. If the Board
determines that the applicant is not competent nor qualified to practice as an
anesthesiologist assistant, the Board may require further assessment, training,
or period of supervised practice in its discretion.
F. EXPENSES
All expenses resulting from the assessment and/or any
training requirements are the responsibility of the applicant and not of the
Board.
G. REINSTATEMENT OR
REACTIVATION OF A LICENSE
In support of any application for reinstatement or
reactivation of a license to practice as an anesthesiologist assistant, for the
purpose of complying with sections
12-20-202(2)(c)(II),
12-240-120(1)(d),
or 12-240-141(5),
C.R.S., an anesthesiologist assistant may demonstrate continued competency in
accordance with the methods identified in Rule 29.2(A)(2), identified
above.
H. Where appropriate,
the Board may determine that demonstration of continued competency requires an
additional or different approach. For example, due to the length of time the
anesthesiologist assistant has been out of practice, the Board may require a
written plan documenting the nature, extent, and duration of supervision that
will be provided by the supervising physician to the anesthesiologist assistant
as the anesthesiologist assistant makes the transition back into clinical
practice. This written plan may be in addition to the personalized competency
evaluation and/or recommended education and/or training. The decision as to the
method of determining continued competency shall be at the discretion of the
Board.