Ala. Admin. Code r. 540-X-7-.52 - Anesthesiologist Assistants (A.A.) Not Employed By Supervising Anesthesiologist/Anesthesiologist Not In Full-Time Practice

Current through Register Vol. 40, No. 6, March 31, 2022

(1) Under the circumstances where an anesthesiologist assistant is seeking registration to an anesthesiologist not regularly engaged in the full-time practice of medicine and/or in the circumstance where the anesthesiologist and the anesthesiologist assistant seeking registration are each employees of a legal entity other than a professional partnership, medical professional corporation, medical professional association or physician practice foundation, the applicant shall have the burden of satisfying the Board that there exists the supervisory relationship between the anesthesiologist and the anesthesiologist assistant contemplated by these rules.

(2) Factors to be used by the Board in determining the nature of the relationship shall include but are not limited to the following:

(a) The anesthesiologist's authority to terminate the employment of the anesthesiologist assistant;

(b) The anesthesiologist's authority to determine or recommend levels of compensation for the anesthesiologist assistant;

(c) The anesthesiologist's authority to enforce compliance with orders and directives and to initiate suitable disciplinary action for violation of such orders and directives;

(d) The extent to which the anesthesiologist assistant may be subject to the direction and control in matters relating to patient care of a person other than the anesthesiologist to whom the assistant is registered;

(e) The extent to which the anesthesiologist assistant is subject to the supervisory authority of a non-physician.

(3) In considering applications of the type described above, the Board may require that the applicant submit notarized certificates in the form set forth in Appendix G to Chapter 7 from the Chairman, President, Chief Executive Officer or other acceptable authority of any corporation, business firm or other legal entity which employs the anesthesiologist assistant and the anesthesiologist to whom the assistant is to be registered.

Author: Patricia E. Shiner, Attorney for the Board of Medical Examiners

Notes

Ala. Admin. Code r. 540-X-7-.52

Repealed and Replaced: Filed September 21, 1998; effective October 26, 1998. Repealed and Replaced: Filed July 23, 1999; effective August 27, 1999. Amended: Filed November 22, 1999; effective December 27, 1999. Repealed and New Rule: Filed August 22, 2002; effective September 26, 2002. Repealed and New Rule: Filed September 19, 2002; effective October 24, 2002.

Statutory Authority: Code of Ala. 1975, §§ 34-24-290, et. seq.