Summary Judgment Complaint Filed Against OSMB Regarding AAs

On November 18, 1999, Anita Steinbergh, DO, then-president of the Ohio State Medical Board, submitted a formal opinion request to then-Ohio Attorney General Betty Montgomery concerning the administration of anesthesia and the delegatory authority of a licensed physician. Ohio law requires or allows the Attorney General to provide legal advice to state agencies and officers.

The AMC/NOMA has actively supported the supervised practice of anesthesiologist assistants (AAs) and has worked with both AAs and physicians in Northeast Ohio to assure that AAs are licensed and brought under the jurisdiction of the OSMB.

Recently, a motion for summary judgment (Case No. 03 CVH 06 6392) has been filed with the Franklin County Court of Common Please regarding the role of AAs. According to the motion, “The outcome of this action will affect the delivery of health care, because the State Medical Board of Ohio (OSMB) misinterpreted the intent of the General Assembly when it attempted to change the statutorily-authorized practice of anesthesiologist assistants (AAs) by adopting a rule prohibiting AAs from performing certain procedures that they have performed safely for over thirty (30) years to the public’s benefit. The outcome of this action will affect the delivery of health care because, given the shortage of anesthesiologists in this area, the rule further reduces resources, thus decreasing patient access to prompt medical care when anesthesia is needed.”

The AMC/NOMA will continue to follow the case and report on any decisions rendered.