SECTIONS 2825-2833.6 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2825-2833.6

2825. This article may be cited as the Nurse Anesthetists Act.

2826. As used in this article:
(a) "Nurse anesthetist" means a person who is a registered nurse,
licensed by the board and who has met standards for certification
from the board. In the certification and recertification process the
board shall consider the standards of the Council on Certification of
Nurse Anesthetists and the Council on Recertification of Nurse
Anesthetists and may develop new standards if there is a public
safety need for standards more stringent than the councils'
standards. In determining the adequacy for public safety of the
councils' standards or in developing board standards, the board shall
comply with the provisions of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) "Accredited Program" means a program for the education of
nurse anesthetists which has received approval from the board. In the
approval process the board shall consider the standards of the
Council on Accreditation of Nurse Anesthesia Education Programs and
Schools and may develop new standards if the councils' standards are
determined to be inadequate for public safety. In determining the
adequacy for public safety of the councils' standards or in
developing board standards, the board shall comply with the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(c) "Appropriate committee" means the committee responsible for
anesthesia practice which is responsible to the executive committee
of the medical staff.
(d) "Trainee" means a registered nurse enrolled in an accredited
program of nurse anesthesia.
(e) "Graduate" means a nurse anesthetist who is a graduate of an
accredited program of nurse anesthesia awaiting initial certification
results for not more than one year from the date of graduation.

2827. The utilization of a nurse anesthetist to provide anesthesia
services in an acute care facility shall be approved by the acute
care facility administration and the appropriate committee, and at
the discretion of the physician, dentist or podiatrist. If a general
anesthetic agent is administered in a dental office, the dentist
shall hold a permit authorized by Section 1646.

2828. In an acute care facility, a nurse anesthetist who is not an
employee of the facility shall, nonetheless, be subject to the bylaws
of the facility and may be required by the facility to provide proof
of current professional liability insurance coverage.
Notwithstanding any other provision of law, a nurse anesthetist shall
be responsible for his or her own professional conduct and may be
held liable for those professional acts.

2829. It is unlawful for any person or persons to advertise, use
any title, sign, card, or device, or to otherwise hold himself or
herself out as a "nurse anesthetist" unless the person meets the
requirements of subdivision (a) of Section 2826 and has been so
certified under the provisions of this article.

2830. The board shall issue a certificate to practice nurse
anesthesia to any person who qualifies under this article and is
licensed pursuant to the provisions of this chapter.

2830.5. Every applicant shall show by evidence satisfactory to the
board that he or she has met the requirements of this article.

2830.6. Notwithstanding Section 2830, the board shall certify all
applicants who can show certification by the Council on Certification
of Nurse Anesthetists or the Council on Recertification of Nurse
Anesthetists as of the effective date of this chapter. This
certification shall be documented to the board in a manner to be
determined by the board. Proof of certification shall be filed with
the board within six months from the effective date of this article
and the board shall, within one year from the effective date of this
article, issue a certificate to applicants who have filed proof of
certification within that six-month period.

2830.7. The amount of the fees prescribed by this chapter in
connection with the issuance of certificates as nurse anesthetists is
that fixed by the following schedule:
(a) The fee to be paid upon the filing of an application for a
certificate shall be fixed by the board at not less than seventy-five
dollars ($75) nor more than one hundred fifty dollars ($150).
(b) The biennial fee to be paid upon the application for a renewal
of a certificate shall be fixed by the board at not less than fifty
dollars ($50) nor more than one hundred dollars ($100).
(c) The penalty fee for failure to renew a certificate within the
prescribed time shall be 50 percent of the renewal fee in effect on
the date of the renewal of the license, but not less than twenty-five
dollars ($25) nor more than fifty dollars ($50).

2831. An applicant for certification pursuant to this article shall
submit a written application in the form prescribed by the board,
accompanied by the fee prescribed by Section 2830.7 which shall also
apply to the issuance of a certificate under the provisions of this
article.

2832. Every applicant for a certificate to practice nurse
anesthesia shall comply with all the provisions of this article in
addition to the provisions of this chapter.

2833. Each certificate issued pursuant to this article shall be
renewable biennially, and each person holding a certificate under
this article shall apply for a renewal of his or her certificate and
pay the biennial renewal fee required by Section 2830.7 every two
years on or before the last day of the month following the month in
which his or her birthday occurs, beginning with the second birthday
following the date on which the certificate was issued, whereupon the
board shall renew the certificate.
Each certificate not renewed in accordance with this section shall
expire but may within a period of eight years thereafter be
reinstated upon payment of the biennial renewal fee and penalty fee
required by Section 2830.7 and upon submission of such proof of the
applicant's qualifications as may be required by the board, except
that during that eight-year period no examination shall be required
as a condition for the reinstatement of any expired certificate which
has lapsed solely by reason of nonpayment of the renewable fee.
After the expiration of the eight-year period the board may require
as a condition of reinstatement that the applicant pass an
examination as it deems necessary to determine his or her present
fitness to resume the practice of nurse anesthesia.

2833.3. Nothing in this article shall be construed to limit a
certified nurse anesthetist's ability to practice nursing.

2833.5. Except as provided in Section 2725 and in this section, the
practice of nurse anesthetist does not confer authority to practice
medicine or surgery.

2833.6. This chapter is not intended to address the scope of
practice of, and nothing in this chapter shall be construed to
restrict, expand, alter, or modify the existing scope of practice of,
a nurse anesthetist.