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New Jersey Court Upholds Tightened Anesthesia Rules

November 4, 2004
The New Jersey Appellate Division has upheld tighter state regulations governing the use of anesthesia during procedures performed in a doctor's office.

The new regulations apply patient care protections in effect at hospitals and surgical centers to the in-office setting. They require physicians knowledgeable in anesthesia to be present when nurses administer anesthesia during in-office medical procedures.

The state Board of Medical Examiners (BME), which licenses and regulates New Jersey's approximately 30,000 doctors, proposed the supervision of certified registered nurse anesthetists (CRNAs) during in-office procedures because the number of such procedures are increasing and also becoming more complex in nature.

"We're gratified by the Court's decision upholding the BME's regulations," Attorney General Peter C. Harvey said. "In a hospital setting, in the event of a problem, anesthesiologists are nearby and readily able to come to the patient's assistance. That has not been the situation during in-office medical procedures. The BME created this regulation specifically to enhance patient safety during in-office procedures."

The New Jersey State Association of Nurse Anesthetists had challenged the regulations, which were to have taken effect on December 16, 2003 but were stayed pending the association's appeal before the Appellate Division of State Superior Court.

Consumer Affairs Director Reni Erdos noted that CRNAs will continue to be able to work in both in-office and hospital settings.

"CRNAs can continue to work in doctor's offices when medical staff trained in anesthesia is nearby and ready to assist if necessary,' Erdos said. "This regulation provides for greater patient safety and that is a positive step."

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