Oklahoma joins 17 other CRNA opt-out states

Posted on: 8/28/20

Effective May 7, SB 801 became law, which is an agreement between CRNAs and anesthesiologists regarding a change in the wording of their relationship from supervision to collaboration. The change to collaboration requires the collaborating physician to remain available for timely onsite consultation during the delivery of anesthesia for diagnosis, consultation, and treatment of medical conditions.

According to a recent Crowe & Dunlevy advisory on this issue, “Federal Medicare Conditions of Participation (CoPs) provide that CRNAs may only administer anesthesia if under the supervision of a physician who is immediately available; meaning the physician and the CRNA must either be in the same operating suite or same unit. However, a hospital may be exempted from this requirement if the state in which it operates submits a letter to the U.S. Department of Health and Human Services, signed by the governor, providing that such exemption is in the best interest of the state’s citizens and is consistent with state law requirements.” The advisory can be found here.

On July 29, Gov. Kevin Stitt submitted a letter to CMS to declare Oklahoma an “opt-out” state for physician supervision of CRNAs. The letter becomes effective upon submittal to CMS. The submission of the letter is what hospitals that supported SB 801 expected to be the next action after the bill passage. Each hospital is not required to change their bylaws as a result of the status change, but can choose to change their practices with the “opt-out.” (Sandra Harrison)