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Outdated and Lack Thereof Certified Registered Nurse Anesthetist Law In New York State
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Scott Schultz
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Updated May 28, 2022
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Chapters
00:00
Chapter 1
00:50
Chapter 2
02:23
Chapter 3
02:35
Chapter 4
02:58
Chapter 5
03:04
Chapter 6
04:22
Chapter 7
05:56
Chapter 8
06:23
Chapter 9
08:39
Chapter 10
08:54
Chapter 11
10:25
Chapter 12
11:47
Chapter 13
11:48
Chapter 14
11:50
Chapter 15
11:52
Chapter 16
Audio Transcript
Auto-generated
00:01 - 00:03
Hello everyone and thank you for coming check out my project.
00:03 - 00:06
I want to do my research on the outdated and lack
00:06 - 00:10
thereof certified registered nurse and necessary law in new york because new
00:10 - 00:12
york is my home state and I wanted to get a better
00:12 - 00:15
understanding of the laws that will protect me in the future.
00:16 - 00:19
So as we know, healthcare demands in the United States are extremely high today.
00:20 - 00:22
Fortunately the availability and use of
00:22 - 00:25
certified registered nurse anesthetists or si RNA
00:25 - 00:27
can ease the burden on our healthcare system.
00:28 - 00:29
However, in the state of new york,
00:29 - 00:32
Crn has faced the most restrictions compared to any other state.
00:33 - 00:35
New york is the only state left in
00:35 - 00:38
the US that does not have formal legislation recognizing
00:38 - 00:40
the advanced practice profession of nurse anesthesia.
00:41 - 00:43
Without this formal recognition,
00:43 - 00:46
Crts in new york have not been able to practice their full scope.
00:46 - 00:50
Is the hope legislators can finally recognize nurse anesthesia into law
00:52 - 00:54
a little about the history
00:54 - 00:58
According to the American Association of Nurse anesthesiology or AA.
00:58 - 01:02
And a securities have been administering aesthetics and serving
01:02 - 01:05
patients in this country for over 150 years.
01:05 - 01:09
The first nurse to administer anesthesia was sister Mary Bernard of ST.
01:09 - 01:12
Vincent's Hospital in Pennsylvania in 1877.
01:12 - 01:13
Yeah.
01:13 - 01:18
In addition as Crts have gained support in the early 21st century,
01:18 - 01:22
the Center for Medicare and Medicaid services or CMS
01:22 - 01:25
amended federal guidelines to no longer require CR
01:25 - 01:28
and a staff physician and physiologist supervision.
01:29 - 01:31
This monumental decision by CMS expanded
01:31 - 01:33
anesthetic services to americans at a more
01:33 - 01:36
cost effective and equally safe anesthesia experience
01:36 - 01:37
and that's according to the A.
01:37 - 01:39
N. A. In 2022
01:41 - 01:43
There were concerns patient safety would suffer
01:43 - 01:47
due to lack of physician involvement. However, Delis and Cromwell 2010
01:48 - 01:50
dismissed his claim as a research from
01:50 - 01:53
1999 to 2005 concluded independently practicing C.
01:53 - 01:54
RNA
01:54 - 01:56
did not make patient safety worse,
01:57 - 01:57
meaning
01:57 - 02:01
an increase in patient death or complication rate did not occur
02:02 - 02:05
based on their findings. CMS guidelines were supported
02:05 - 02:09
and recommended all states withdraw the requirement for physician supervision.
02:10 - 02:13
This includes surgeon oversight. As a credential supervisor,
02:13 - 02:16
surgeons would no longer be responsible for
02:16 - 02:18
the Crohn's and the services they were providing
02:18 - 02:21
if it's a physician. Anesthesiologists were not available.
02:25 - 02:29
Here's the image of the first nurse to mr anesthesia. This is sister mary Bernard
02:30 - 02:33
And this is photographed in 1877 and this is obtained from the a.
02:33 - 02:35
And a website in the history page.
02:37 - 02:39
So what's the impact of the CMS rulings
02:40 - 02:41
Today,
02:41 - 02:45
19 of the 50 states have accepted CMS guidelines by having legislation
02:45 - 02:49
to allow cr a surprise independently with their full scope of practice.
02:49 - 02:51
And that's according to a in a in 2022.
02:53 - 02:56
However, all but one state have legislation recognizing Crn
02:56 - 02:58
advanced practice professionals
03:01 - 03:01
and you guess it
03:02 - 03:03
my home state new york
03:07 - 03:10
before I move on to how new york is handling this.
03:11 - 03:12
I think it's important to see how
03:13 - 03:14
pennsylvania.
03:14 - 03:15
Our
03:15 - 03:16
university state
03:17 - 03:20
has amended their laws as of recent years,
03:21 - 03:25
pennsylvania was like new york, it did not have legislation to support C. R. N. S.
03:26 - 03:30
And this changed in 2021 when Governor Tom Wolf passed
03:30 - 03:31
act 60
03:32 - 03:35
according to the pennsylvania Association of Nurse Anesthetists.
03:36 - 03:39
The the law formalized the serenade profession in pennsylvania.
03:40 - 03:41
Although Act 60
03:41 - 03:44
requires hearings to work collaboratively with physicians,
03:44 - 03:46
it protects their full scope of practice
03:46 - 03:49
as CNN's can no longer be restricted by a physician.
03:49 - 03:53
Another benefit of formal recognition is the ease of obtaining licensure.
03:53 - 03:56
Pennsylvania Association of Nurse and Nurse Anesthetists,
03:56 - 04:00
stated students enrolled in nurse anesthesia programs in pennsylvania
04:00 - 04:02
who then passed the certification exam cannot
04:02 - 04:04
easily apply for licensure in other states
04:05 - 04:08
since they were not recognized as professionals in pennsylvania,
04:08 - 04:10
other state boards of nursing had to vet
04:10 - 04:11
the applicants to see if they were credentialed.
04:12 - 04:14
This process could take up to six months.
04:15 - 04:17
It's time for new york to follow the lead of the rest of the country.
04:18 - 04:18
Fortunately,
04:18 - 04:22
legislators in new york are in the process of odium bills to update the law.
04:25 - 04:28
Looking at new york state Crn a law if you want to call it that
04:29 - 04:32
um we do not have a nurse practice act in the state
04:34 - 04:36
Syracuse are regulated by the definition of the new york.
04:36 - 04:37
State Department of Health
04:39 - 04:44
And as per section 405.13 of the New York. State Department Health Code. In 2014
04:45 - 04:46
states C.
04:46 - 04:49
RNA is under the supervision of the anesthesiologist who is immediately
04:49 - 04:54
available or as needed under the supervision of the operating position.
04:54 - 04:58
Who have accepted responsibility of the supervision of the C. RNA.
04:59 - 05:02
With this being the sole document in new york for anesthesia practice.
05:03 - 05:04
The scope of C.
05:04 - 05:06
RNA practices restricted by physicians as they are the
05:06 - 05:08
ones who must assume responsibility of the CRN.
05:08 - 05:09
A
05:09 - 05:11
regardless of what the Crn is.
05:12 - 05:13
Education and training
05:13 - 05:14
has prepared them for
05:17 - 05:19
With the emergence of the COVID-19 pandemic.
05:20 - 05:24
The governors of new york have issued executive orders and have potentially sent
05:25 - 05:28
new precedents that will turn into formal law
05:29 - 05:31
according to the new york. State office of professions.
05:32 - 05:34
There's documentation
05:35 - 05:38
of executive orders to 02 by then Governor Andrew Cuomo
05:39 - 05:42
executive order for by now Governor Kathy huckle
05:43 - 05:46
which grants serenades temporary full scope of practice and
05:46 - 05:50
allows them to practice independently without physician supervision.
05:51 - 05:52
This president has set forth
05:54 - 05:55
um for formal change
06:00 - 06:05
As mentioned executive order 404 is temporarily granting crts
06:05 - 06:07
independent practice without physician oversight.
06:08 - 06:09
However,
06:10 - 06:12
the executive words do they expire where laws don't
06:13 - 06:16
and this law is set to expire but this executive worst say
06:16 - 06:18
is set to expire in
06:18 - 06:19
A few days on May 30.
06:20 - 06:23
So there needs to be action sooner than later
06:26 - 06:29
and luckily that's why we have professional organizations to push for change
06:31 - 06:35
according to the new york State assembly on november
06:35 - 06:39
17th of 2021 night asana or new york.
06:39 - 06:41
The new york state Association of Nurse injustice. President
06:42 - 06:45
dr Giovanna Mahar. DNA. PcR RNA
06:45 - 06:47
spoke to members of the new york state assembly to
06:47 - 06:50
address the need for formal legislation to protect Crts.
06:51 - 06:53
Dr Mahar confirmed new york being the only states
06:53 - 06:57
not legally recognized the profession of nurse anesthesia.
06:57 - 06:58
And because of this
06:58 - 07:01
DNA practices restricted and underutilized in new york.
07:02 - 07:06
Dr Mahar argued with the use of executive order to to
07:06 - 07:09
it set the precedent for formal legislation for Crts.
07:10 - 07:14
In addition it proved that CRS can be fully independent providers
07:14 - 07:15
and should be treated as such
07:16 - 07:16
With C.
07:16 - 07:21
RNA is being able to practice to their full potential during the COVID-19 pandemic.
07:21 - 07:23
They let airway in proteins
07:23 - 07:27
manage ventilators and supported other providers by placing invasive lines.
07:29 - 07:32
I remember taking care of mechanically ventilated patients
07:32 - 07:35
and due to depleted supply of traditional ventilators.
07:35 - 07:37
See our enemies turned to anesthesia machines
07:38 - 07:39
and converted them into events
07:40 - 07:42
and with the sole providers managing them.
07:42 - 07:44
If it weren't for these crts in my hospital
07:45 - 07:47
these patients would have not had the outcomes they did.
07:49 - 07:50
In addition
07:51 - 07:55
dr Behar reiterated how governor huckle extended executive order to
07:55 - 07:58
02 by then governor cuomo arguing that if C.
07:58 - 07:58
R. N. A. S.
07:58 - 08:00
Were good enough to support the critically
08:00 - 08:03
ill population and provide safe effective care.
08:04 - 08:06
Why were Sereny is not good enough
08:06 - 08:09
for normal hospital slash facility operations.
08:09 - 08:10
And this is again according to the testimony
08:10 - 08:12
provided by the new york State Assembly.
08:16 - 08:17
Furthermore, dr hart
08:18 - 08:23
reiterated how cNNs are the primary anesthesia provider in rural America house
08:23 - 08:26
er day practices just as safe as positioned as physiologists care.
08:27 - 08:30
Lastly, Dr Mahar expressed gratitude
08:30 - 08:34
for the new york. State Assemblyman Richard Gottfried who sponsored a bill
08:35 - 08:38
that can make change for crts in new york.
08:43 - 08:45
To the left is a picture of Assemblyman Gottfried and
08:45 - 08:47
to the right is the nice on a logo.
08:47 - 08:50
I think it's important for us to recognize
08:51 - 08:51
the
08:51 - 08:53
signs of our professional organizations.
08:58 - 09:03
So bill a bill a 70-68 is a proposed
09:03 - 09:06
legislation to grant ceremonies professional status in New York
09:06 - 09:10
defined scope of practice and grant authoritative power to the
09:10 - 09:13
new york state Board of Nursing to govern crn a practice
09:13 - 09:16
that's according to the bill itself,
09:17 - 09:19
In contrast to the executive order is currently in place.
09:19 - 09:22
Bill a 70 - 68 is not as liberal.
09:23 - 09:25
The bill grants Syrians professional status
09:26 - 09:30
but they will still be required to collaborate with physician anesthesiologists.
09:30 - 09:34
However, the scope of practice would not be able to be restricted.
09:34 - 09:37
As the bill outlines how Crts are allowed to practice,
09:37 - 09:39
which is up to the standards of their training.
09:40 - 09:43
In addition powers given to the new york state Board of Nursing
09:43 - 09:46
to oversee and governs tyrannies instead of the Department of health.
09:48 - 09:53
It's important to note that as a May 13 this bill is still yet to be voted on.
09:53 - 09:55
That's according to the
09:55 - 09:57
Bill. A 70 - 68
09:57 - 09:58
page.
10:00 - 10:03
Also, it's worth mentioning that executive order for
10:03 - 10:05
It's set to expire in a couple of days.
10:05 - 10:08
As mentioned on May 30 earlier mentioned the presentation.
10:11 - 10:14
And then lastly, according to the testimony by Dr Mccarty,
10:14 - 10:16
it's her hope that this bill is at least a compromise
10:17 - 10:18
between Cres
10:18 - 10:22
in the state of new york and can eventually lead to fully independent status.
10:22 - 10:23
Like many other states
10:24 - 10:25
in the country have decided to do
10:28 - 10:29
mm hmm.
10:30 - 10:30
Mhm.
10:31 - 10:33
Lastly, Serenades have been
10:33 - 10:36
administering safe anesthesia care and meeting the
10:36 - 10:39
needs for patients for over 150 years.
10:39 - 10:41
There has been significant research done to demonstrate how
10:41 - 10:45
safe and effective serenades are compared to physician anesthesiologists.
10:46 - 10:48
The CMS now, 21 years ago
10:48 - 10:50
recommended all states lift restrictions and
10:50 - 10:52
allow them to practice independently.
10:52 - 10:54
Unfortunately for new york serenades,
10:54 - 10:56
they are the last group of anesthesia providers
10:56 - 10:59
still facing legal restrictions by their state.
11:01 - 11:04
Hopefully this will soon be over and serious can provide the full
11:04 - 11:06
scope of their anesthetic care to the people of new york.
11:07 - 11:09
And I'm hopeful by the time I graduate in 2025,
11:11 - 11:13
all these fine details will be worked out
11:13 - 11:16
and I'll be able to come back to new york and practice to my full
11:16 - 11:17
full capacity of my training.
11:19 - 11:23
I think it's worth mentioning that I would like to speak to see RNA is
11:24 - 11:25
from new york
11:25 - 11:26
and see if they have applied
11:27 - 11:29
to get licensed in other states
11:29 - 11:33
and had the same issues that pennsylvania did just a few just a year ago.
11:34 - 11:36
I think hopefully
11:36 - 11:40
that will also no longer be an issue once legislation is passed.
11:43 - 11:48
Thank you everybody for taking time to listen to a presentation. Have a great day.
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