Current Legislative and Regulatory Issues Being Faced by CRNAs - - PowerPoint PPT Presentation

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Current Legislative and Regulatory Issues Being Faced by CRNAs - - PowerPoint PPT Presentation

Current Legislative and Regulatory Issues Being Faced by CRNAs July 20, 2013 Anna Polyak, RN, JD Senior Director, State Government Affairs American Association of Nurse Anesthetists Resources www.aana.com Member-only portion of the


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Current Legislative and Regulatory Issues Being Faced by CRNAs

July 20, 2013

Anna Polyak, RN, JD Senior Director, State Government Affairs American Association of Nurse Anesthetists

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Resources

  • www.aana.com

– Member-only portion of the website

  • State Government Affairs

– State Update – 50 State Requirements – Issues and Information – Toolkits

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Interventional Pain Management

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Interventional Pain Management

  • According to a landmark IOM report from 2011,

approximately 100 million U.S. adults suffer from chronic pain, at an annual economic cost ranging from $560 to $635 billion.

  • Pain is a universal experience.
  • “Effective pain management is a moral

imperative, a professional responsibility, and the duty of people in the healing professions.”

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Interventional Pain Management

  • AANA Position: Pain management is within

CRNA professional scope.

  • Per AANA Scope of Nurse Anesthesia Practice

and Position Statements 2.6 and 2.11.

  • State law governs what CRNAs may do in

particular state.

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Interventional Pain Management

  • ASA Position: Interventional pain management is

exclusively the practice of medicine.

  • On a national level, state legislative, regulatory

and litigation activities concerning CRNA pain management practice are increasing.

  • Recent CMS rule making concerning pain

management

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What Medicare Ruled on Pain Care

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What Does the Pain Care Rule Say

  • Medicare will cover services within

CRNA scope of practice in a state

  • “The primary responsibility for

establishing the scope of services CRNAs are sufficiently trained and, thus, should be authorized to furnish, resides with the states.”

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Where They Stood

For CRNA Pain Care

  • AARP
  • American Hospital

Association and select State Hospital Associations

  • National Rural Health

Association

  • Nursing Associations

Opposed to CRNA Pain Care

  • AMA
  • “ASA Rebukes CMS Rule

for Jeopardizing Patient Safety and Quality Health Care”

Source: Comments at www.regulations.gov, and http://www.asahq.org/For-Members/Advocacy/Washington- Alerts/ASA-Rebukes-CMS-Rule-for-Jeopardizing-Patient-Safety- and-Quality-Health-Care.aspx

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Interventional Pain Management

  • Tennessee

– A bill passed which requires on-site supervision of CRNAs performing certain interventional pain management procedures in unlicensed facilities. – FTC commented on this bill.

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Interventional Pain Management

  • Missouri

– Missouri Supreme Court ruling favorable to CRNA pain management practice. – Restrictive interventional pain management bill passed in 2012. – FTC commented on this bill.

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Interventional Pain Management

  • Iowa

– Long history of statutory, regulatory and litigation battles. – Restrictive interventional pain management bill introduced in 2012 and 2013. – Iowa Supreme Court recently affirmed that CRNAs can supervise fluoroscopy.

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Interventional Pain Management

  • Illinois

– Restrictive interventional pain management bill introduced in 2011 and 2013. – FTC commented on the 2013 bill.

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Interventional Pain Management

  • In recent years the Federal Trade Commission

(FTC) has expressed significant concern about

  • verbroad state proposals that would prohibit
  • r unduly restrict CRNA pain management

practice.

  • FTC indicated in 2010 (Alabama), 2011

(Tennessee), 2012 (Missouri), and 2013 (Illinois) that restrictive pain management bills would likely, if adopted, raise prices and reduce availability to CRNA services.

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Interventional Pain Management

  • Concerns voiced by the FTC

– Increased prices – Reduced access to care and reduced consumer choice – Reduced innovation in health care delivery

  • FTC letters help in advocacy efforts but are no

replacement for grassroots lobbying.

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Pain Management Clinics

  • Legislation introduced and passed in

several states in response to the prescription painkiller epidemic.

  • Legislation targeted at prescription

drug abuse may come in many forms.

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Pain Management Clinics

  • Bills to regulate pain management

clinics or “pill mills” on the increase.

  • CRNAs supportive of regulation so

long as there are no limitations on CRNA scope of practice.

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Anesthesiologist Assistants

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Anesthesiologist Assistants

  • ASA has supported AAs after years of

neutrality.

  • The ASA sponsors the Commission on

Accreditation of Allied Health Education Programs (CAAHEP) Accreditation Review Committee on Education for the Anesthesiologist Assistant (ARC-AA).

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Anesthesiologist Assistants

  • AANA has not taken an official position on AAs
  • SGA works closely with state associations on

addressing AA issues

  • Only approximately 1,800 AAs, but a long-term

threat.

  • 8 current programs, 2 new programs
  • Explicit recognition in more states.
  • Explicit recognition of AA practice in 12 states and the

District of Columbia (includes states that authorize PA/AA practice)

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AA Education

  • Admission Criteria:

– Baccalaureate degree in the arts or sciences from an accredited institution.

  • CAAHEP Standards

– No minimum hours for core courses – Limited scope of training – Masters degree

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AA Practice

  • Practice Setting
  • Salary
  • Safety Record
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Anesthesiologist Assistants

Law Regulations Licensure Certification Alabama Alabama Alabama Colorado Colorado DC DC DC Florida* Florida Florida Georgia Georgia Kentucky** Kentucky Kentucky Missouri Missouri Missouri

Where are AAs Authorized to Practice (includes states that authorize PA/AA practice)?

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Anesthesiologist Assistants

Law Regulations Licensure Certification New Mexico New Mexico New Mexico North Carolina North Carolina North Carolina Ohio Ohio Ohio Oklahoma Oklahoma South Carolina South Carolina Vermont Vermont Vermont Wisconsin Wisconsin

Where are AAs Authorized to Practice (cont’d)?

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AA Resources

  • Tool Kit
  • Fact Sheet Regarding

Anesthesiologist Assistants

  • CRNA-AA Comparison Table
  • SGA Staff
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2011 2012 2013 Nevada – bill failed to pass Colorado – passed with amendments Indiana – passed in Senate and House with amendments, but as vetoed by the governor New Mexico – bill failed to pass Kentucky – bill failed to pass Kentucky – bill failed to pass Texas – bill failed to pass New York – bill failed to pass New Mexico – 2 bills, one failed to pass,

  • ne passed as negotiated by NMANA

Utah – bill failed to pass Wisconsin – passed with amendments New York – TBD ( 2 year session) Oregon – failed to pass Texas – bill failed to pass Utah – bill failed to pass California - TBD Michigan - TBD

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APRN Consensus Model, Supervision and Prescriptive Authority

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APRN Consensus Model

  • Adopted in 2008
  • Endorsed by 48 nursing organizations,

including:

– AANA – Council on Accreditation of Nurse Anesthesia Educational Programs (COA) – National Board of Certification & Recertification for Nurse Anesthetists (NBCRNA)

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APRN Consensus Model

Elements:

  • Licensure
  • Accreditation
  • Certification
  • Education
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APRN Consensus Model

Licensure:

  • Elements that may be implemented

by boards of nursing in state law or rules

  • Goal is increased clarity and

uniformity of APRN regulation

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APRN Consensus Model

  • The NCSBN adopted model act and

rule language that is consistent with the consensus model

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APRN Consensus Model

  • Most states will implement aspects of

the model incrementally

  • State implementation does not

require use of the NCSBN language

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APRN Consensus Model

  • APRN Consensus Model at

http://www.aacn.nche.edu/Education/ pdf/APRNReport.pdf

  • NCSBN model act and rules at

https://www.ncsbn.org/APRN_leg_languag e_approved_8_08.pdf

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Licensure Elements

  • Umbrella title and license:

– Advanced Practice Registered Nurse (APRN) title – APRN license, in addition to RN license

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APRN Consensus Model

Licensure elements:

  • Elements that may be implemented

by boards of nursing in state law or rules

  • Goal is increased clarity and

uniformity of APRN regulation

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APRN Consensus Model

Licensure elements include:

  • APRN title and license
  • No restrictive physician involvement

(e.g., supervision, collaboration)

  • Prescriptive authority
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APRN Consensus Model

States may implement elements:

  • Incrementally (may be more feasible

politically)

  • Multiple aspects in one bill
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APRN Title/License

Arkansas – SB 161 enacted (2013)

  • Title and license changed from APN to

APRN

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Prescriptive Authority

Independent prescriptive authority

  • No physician involvement
  • Includes controlled substance schedules

II-V (within the APRN’s scope of practice)

  • Granted with the APRN license (without

separate application)

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Prescriptive Authority

Oregon – SB 136 enacted (2013)

  • Includes controlled substance schedules

II-V

  • No restrictive physician involvement
  • Supply limit: 10 days, with no refills
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Prescriptive Authority

Oregon – SB 136

  • Educational requirements:

– 45 contact hours in pharmacology – Clinical education in pharmacotherapeutics, including management of patients

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Prescriptive Authority

Oregon prescriptive authority (SB 136)

  • Not granted with or required for

licensure (separate application process)

  • Protective language: Does not affect

authority of a CRNA “to select, order and administer controlled substances in connection with the delivery of anesthesia services.”

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Supervision

Goal is for APRNs to be independent practitioners

  • No regulatory requirements for

collaboration, direction or supervision

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Supervision

Rhode Island - HB 5656/SB614 enacted (2013)

  • First state to remove supervision of

CRNAs from nursing law/rules since 1999!

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Rhode Island Law

Multiple consensus model elements:

  • Title change: APN to APRN
  • APRN license
  • CRNAs: Supervision changed to

collaboration

  • Other APRNs: Removal of

collaboration and guidelines

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RI CRNA Scope

  • “Under supervision of” removed
  • CRNAs now practice “in collaboration

with anesthesiologists, licensed physicians, or licensed dentists….”

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RI CRNA Scope – New

Explicit authority to:

  • Order drugs and medications
  • Order/evaluate labs and diagnostic

tests

  • Perform point of care testing
  • Order/evaluate radiographic imaging

studies

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Consensus Model Efforts

  • Efforts to implement significant

aspects of the APRN consensus model look a lot like other scope of practice battles at the state level

  • Some you win, some you lose
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State Implementation

How can your state improve its chances for success?

  • Be prepared!!
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State Implementation Considerations

  • Assess current laws and regulations
  • Identify provisions that need to be

changed

  • Determine feasibility
  • Determine a course of action
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State Implementation Considerations

  • Other APRN groups may push to

introduce legislation – are they prepared?

  • If the bill will affect CRNAs, you must

be at the table

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State Implementation Considerations

  • AANA State Government Affairs

Division is available to consult with State Associations on legislative and regulatory efforts

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AANA Resources

Chart of state implementation of APRN consensus model for CRNAs at: www.aana.com/stategovtaffairs

  • Under “Additional Issues and

Information – Consensus Model for APRN Regulation”

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AANA Resources

  • State chart of APRN title, license:

www.aana.com/stategovtaffairs

  • See “State-by-State Legislative and

Regulatory Requirements” in chart “Statutory/Regulatory Nurse Anesthetist Recognition”

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AANA Resources

At www.aana.com/stateassociationresources

  • Opt-out/supervision tool kit
  • Prescriptive authority tool kit
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Other Resources

  • APRN Consensus Model at

http://www.aacn.nche.edu/Education/ pdf/APRNReport.pdf

  • NCSBN model act and rules at

https://www.ncsbn.org/APRN_leg_languag e_approved_8_08.pdf

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State Title, License Type

  • 50-state chart is at:

www.aana.com/stategovtaffairs

  • See “State-by-State Legislative and

Regulatory Requirements” in chart “Statutory/Regulatory Nurse Anesthetist Recognition”

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State Implementation Considerations

Lobbyist input is essential: “Can we get this done?”

  • Support from members of key

legislative committees

  • Plan for informing legislators
  • Relationship with the Governor’s
  • ffice
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State Implementation Considerations

How supportive is the Board of Nursing (BON)?

  • Can BON introduce or strongly

support the bill?

  • BON introduction or support has

increased potential for success in states

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State Implementation Considerations

Other APRN groups may push to introduce legislation – are they prepared?

  • If you’re not at the table, you may be
  • n the menu!
  • If the bill will affect CRNAs, your

voice must be heard

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State Implementation Considerations

  • Coalitions:

– Other APRNs who are interested in implementation of the Consensus Model – Existing coalition vs. forming one for a limited purpose – Ground rules – Sticking together

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State Implementation Considerations

Other potential allies

  • Hospital association and/or rural

hospital/health association

  • Consumer groups
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State Implementation Considerations

Additional considerations:

  • Other legislative and regulatory

agenda (proactive and defensive)

  • Assessing your resources
  • Knowing when to stop and try again

later

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Questions

Anna Polyak, RN, JD

  • (847) 655-1131
  • apolyak@aana.com