O.C.G.A. § 43-26-11.1 (2019)
Administration of anesthesia by certified registered nurse anesthetist
In any case where it is lawful for a duly licensed physician practicing medicine under the laws of this state to administer anesthesia, such anesthesia may be administered by a certified registered nurse anesthetist, provided that such anesthesia is administered under the direction and responsibility of a duly licensed physician.
History
Code 1981, § 43-26-11.1, enacted by Ga. L. 1990, p. 747, § 1; Ga. L. 1994, p. 97, § 43.
Annotations
Cross references. Use of general anesthesia by dentists, § 43-11-21.
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code Section 43-26-9 have been included in the annotations for this Code Section. Student cannot lawfully administer anesthesia under supervision of a physician’s assistant. Central Anesthesia Assocs. v. Worthy, 254 Ga. 728, 333 S.E.2d 829, 1985 Ga. LEXIS 894 (1985) (decided under former O.C.G.A. § 43-26-9). Violation of O.C.G.A. § 43-26-11.1 may constitute negligence per se. - Although former subsection (b) of former O.C.G.A. § 43-26-9 did not establish a standard of conduct as to what anesthesia plan shall be used under which conditions, the statute nevertheless established a standard of conduct constituting ordinary care, the breach of which may have constituted negligence per se. Central Anesthesia Assocs. v. Worthy, 254 Ga. 728, 333 S.E.2d 829, 1985 Ga. LEXIS 894 (1985) (decided under former O.C.G.A. § 43-269). Violation of O.C.G.A. § 43-26-11.1 negligence per se. - If, had former O.C.G.A. § 43-26-9 been followed, and had the anesthesia been administered by a certified registered nurse anesthetist (CRNA) under an anesthesia-qualified physician’s supervision, it is possible that no injury or at least lesser injury would have resulted to the patient, and if the unauthorized and unsupervised adminis-
tration of anesthesia could have caused injury to the patient, the violation of that section constituted negligence per se. Central Anesthesia Assocs. P.C. v. Worthy, 173 Ga. App. 150, 325 S.E.2d 819, 1984 Ga. App. LEXIS 2749 (1984), aff’d, 254 Ga. 728, 333 S.E.2d 829, 1985 Ga. LEXIS 894 (1985) (decided under former O.C.G.A. § 43-26-9). Purpose of former O.C.G.A. § 4326-9 is to protect patients from the dangers of improperly administered anesthesia by those unqualified by a lack of what public policy regards as minimum education in the field, and by a lack of specified supervision. The statute sets threshold qualifications which have to be met before a person is permitted under the law to apply anesthesia. These qualifications do not establish how the anesthesia is to be administered, or what methods or instruments may be used, but rather who may do it with whose supervision. Thus it prohibits anyone not meeting these qualifications from performing, and it further prohibits even a statutorily qualified person from performing without prescribed supervision. The “direction” referred to in the statute equates with “supervision.” Doctors Hosp. v. Bonner, 195 Ga. App. 152, 392 S.E.2d 897, 1990 Ga. App. LEXIS 442 (1990), cert. denied, No. S90C0950, 1990 Ga. LEXIS 724 (Ga. May 9, 1990) (decided under former O.C.G.A. § 43-26-9).
RESEARCH REFERENCES ALR. Nurse’s liability for her own negligence or malpractice, 51 A.L.R.2d 970.