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COLORAOD: CRNA vs. Anesthesiologists



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May 23, 2005 04:37 PM

COLORAOD: CRNA vs. Anesthesiologists


Is anyone aware of the status of CRNA's attempt to work independently of Anesthesiologist's in Colorado? It stalled with the Governor ... last I heard ... not sure what's going on now, and would like to know the latest, if possible.

Thanks a million!!


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13 Comments
No. 1
from mwbeah
Old May 23, 2005, 04:59 PM

Default Here is your current requested information
Originally Posted by eethrnurse90
Is anyone aware of the status of CRNA's attempt to work independently of Anesthesiologist's in Colorado? It stalled with the Governor ... last I heard ... not sure what's going on now, and would like to know the latest, if possible.

Thanks a million!!
Under Colorado law, the delivery of anesthesia care by nurse anesthetists is a delegated medical function that must be performed under physician supervision. The Nurse Practice Act defines a “delegated medical function” as “an aspect of care which implements and is consistent with the medical plan as prescribed by a licensed or otherwise legally authorized physician, podiatrist or dentist …” [C.R.S. Section 12-38-103(4)].
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No. 2
from mwbeah
Old May 23, 2005, 05:43 PM

Default additionally


What is Colorado’s Current Law Regarding CRNA Supervision?


Colorado health facility licensure conditions of participation do not require CRNAs to be supervised by a physician in a hospital, ambulatory surgery center or Critical Access Hospital.

Additionally…

· Regardless of whether a state opts out of the federal supervision requirement, individual facilities may still require CRNAs to be physician supervised.

· The National Rural Health Association and the Colorado Rural Health Center (the state office of rural health) are on record supporting the opt out of the physician supervision requirement in order to ensure that anesthesia services are available in rural areas.

· CRNAs provide over 70% of the anesthesia in rural America, keeping the doors of operating rooms open in rural hospitals.

· CMS has found no compelling evidence that an across-the-board Federal physician supervision requirement for CRNAs leads to better outcomes.



U:\Lou Ann\CRNA Supervision\Fact Sheet.doc
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No. 3
from deepz
Old May 23, 2005, 05:52 PM

Originally Posted by mwbeah
Under Colorado law, the delivery of anesthesia care by nurse anesthetists is a delegated medical function that must be performed under physician supervision. ..........[C.R.S. Section 12-38-103(4)].

Don't know where you came up with this info, Mike, but it is way outdated.

To quote from Mark Oswald's (Pres CANA) letter to the Colorado Board of Health dated 21 MAY 2003:

".... As shown by the legislative history that accompanied the adoption of § 12-38-111.6(8)(c)(II), CRS by the General Assembly in 1995, the "delegated medical function" argument put forward by the Colorado Society of Anusthesiologists (CSA) was considered and rejected...."

The OP was referring, of course, to Gov Owens's promised Medicare Opt-Out letter to CMS. After the CSA sued him preemptively, citing 'potential adverse consequences on the incomes of Colorado anesthesiologists' or some such malarkey, Gov Owens has taken no further action. So, for reimbursement under Part A of Medicare, Colorado remains NOT an Opt-Out State.

There is no Colorado law or rule requiring CRNAs to be stupervised by a physician, nor is there ANY state which requires CRNAs to work under an MDA.

deepz
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No. 4
from mwbeah
Old May 23, 2005, 06:18 PM

Default My information is good....nothing has changed except....
Colorado Governor Bill Owens’ goal of opting out was stalled when the Colorado Society of Anesthesiologists filed suit. Subsequent to the filing of the lawsuit, the Board of Health eliminated the hospital requirements for physician supervision of nurse anesthetists who administer general or regional anesthesia. As of today the issue seems dormant until the governor acts at which time the CSA will refile the appeal.

The wording of the Nurse Practice Act has not changed, that information is the same. The only thing that has changed is in Red and was previously stated by me in my second posting.

Mike
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No. 5
from mwbeah
Old May 23, 2005, 06:21 PM

Default Alot of nothing happened
Originally Posted by mwbeah
Colorado Governor Bill Owens’ goal of opting out was stalled when the Colorado Society of Anesthesiologists filed suit. Subsequent to the filing of the lawsuit, the Board of Health eliminated the hospital requirements for physician supervision of nurse anesthetists who administer general or regional anesthesia. As of today the issue seems dormant until the governor acts at which time the CSA will refile the appeal.

The wording of the Nurse Practice Act has not changed, that information is the same. The only thing that has changed is in Red and was previously stated by me in my second posting.

Mike
In other words, there was alot of "fur flyin..." but the wording on the books has not changed. (you can research for yourself). The "delegated medical" wording is still in the CBE regulations.

Mike
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No. 6
from deepz
Old May 23, 2005, 06:52 PM

Originally Posted by mwbeah
.... the wording on the books has not changed. (you can research for yourself). ...

Unless you are in possession, Mike, as I am, of the spiral bound document "Amendments to Standards for Hospitals and Health Facilities, 6 CCR 1011-1, Chapter IV, General Hospitals, Section 7, Comments Submitted by The Colorado Association of Nurse Anesthetists, For Consideration by, The Colorado Board of Health, May 21, 2003" your own research seems to be lacking here.

Clearly the Office of the Colorado Attorney General states "...the delivery of anesthesia care by a nurse anesthetist rests soundly within the independent scope of CRNA practice." --Darlene H. Harney, Asst Atty Gen, writing to Fred Miles, Esq, of the law firm Miles, McLaren & Peters, dated 28 OCT 99

Now, you assert in this thread post #2 that anesthesia by a CRNA is a delegated function and requires stupervision, but then in post #3 you seem to say the opposite. ***?

deepz
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No. 7
Old May 23, 2005, 10:04 PM

The OP was referring, of course, to Gov Owens's promised Medicare Opt-Out letter to CMS. After the CSA sued him preemptively, citing 'potential adverse consequences on the incomes of Colorado anesthesiologists' or some such malarkey, Gov Owens has taken no further action. So, for reimbursement under Part A of Medicare, Colorado remains NOT an Opt-Out State.


Deepz,

This answered my question. The last we'd heard in the newspapers, Governor Owens had stalled out and not done anything else. I didn't know if there was still an active campaign to convince him to progress. It would benefit the rural population in eastern Colorado, as well as other rural areas, of course.

You mentioned Mark Oswald as being the president of CANA. I met the former president on a flight once, a woman. Do you know her name?
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No. 8
from mwbeah
Old May 24, 2005, 09:39 AM

Originally Posted by deepz
Unless you are in possession, Mike, as I am, of the spiral bound document "Amendments to Standards for Hospitals and Health Facilities, 6 CCR 1011-1, Chapter IV, General Hospitals, Section 7, Comments Submitted by The Colorado Association of Nurse Anesthetists, For Consideration by, The Colorado Board of Health, May 21, 2003" your own research seems to be lacking here.

Clearly the Office of the Colorado Attorney General states "...the delivery of anesthesia care by a nurse anesthetist rests soundly within the independent scope of CRNA practice." --Darlene H. Harney, Asst Atty Gen, writing to Fred Miles, Esq, of the law firm Miles, McLaren & Peters, dated 28 OCT 99

Now, you assert in this thread post #2 that anesthesia by a CRNA is a delegated function and requires stupervision, but then in post #3 you seem to say the opposite. ***?

deepz
Exactly my point, there is different language depending on the source. This is why the CSA is able to give us a hard time.

Mike
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No. 9
from deepz
Old May 24, 2005, 11:40 AM

Originally Posted by mwbeah
Exactly my point, there is different language depending on the source. This is why the CSA is able to give us a hard time.

Mike
Well, I'm just left to guess, Mike, that you are one of those folks who find it awfully hard to admit that they're mistaken.

You asserted:

"Under Colorado law, the delivery of anesthesia care by nurse anesthetists is a delegated medical function that must be performed under physician supervision."

You are wrong. CRNA anesthesia is not a delegated medical function.

Among the hundreds of pages in the aforementioned 'Comments' submitted by the COANA to the Bd of Health was a letter from lawyer Deborah E. Smith, representing a hospital with contracted CRNAs, to the Colorado State Board of Nursing, asking among others this specific question:

"Is the administration of anesthesia an independent nursing function or a delegated medical function?" ---dated 18 DEC 98

To which Patricia F. Uris, RN, PhD, Program Administrator, Colorado Board of Nursing, replied specifically:

"The delivery of anesthesia care, including the selection and administration of anesthetic agents, is the independent practice of nurse anesthesia." ---dated 30 AUG 99

Therefore NOT a delegated medical function, NOT requiring stupervision. Can it possibly be expressed any more clearly than by the head of the Board of Nursing?

!
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