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Lawsuit In California Against Permitting Nurses To Administer Anesthesia
"It's a patient safety issue when you have absolutely no supervision from a physician; it's very risky," says Francisco Silva, general counsel for the California Medical Association. It has filed a suit against the regulation along with the California Society of Anesthesiologists.
It is not as if there is any severe shortage of anesthesiologists, they argue. "Our concern is, no one has shown that there was ever the need to require doing something this drastic," Silva says.
Also governor Arnold Schwarzenegger "completely ignored" federal law, which requires a number of procedural steps and consultations with state licensing agencies before taking the action, Silva says. The doctors last year asked Schwarzenegger to withdraw his June letter, but "the governor refused ... asserting that it was consistent with California law," according to the lawsuit, which was filed in San Francisco Superior Court.
The fight centers over 2001 Medicare rules that usually require a doctor to supervise when nurses administer anesthesia, but allow states to op out of the requirement if a governor sends a letter to the feds.
But Medicare rules also say the governor must consult with that state's Medical Board and Board of Nursing regarding issues such as the quality and accessibility of anesthesia services in the state, according to the physicians' lawsuit.
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More News on: Dental Anesthesia, Spinal and Epidural Anesthesia, Local Anaesthesia, General Anesthesia, Anaesthesia - History, Anaesthesia - History and Origins, Post operative Complications, Nursing Home Care
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