Anesthesia technicians must have an appreciation of the legal aspects of their industry. The operating room is a dynamic environment that requires the interaction of the technician with staff and patients. These interactions expose confidential information and create duties to patients and to the employer. A technician should expect to undergo proper credentialing by the institution, receive instruction on patient rights, and complete compliance training on regulatory standards. The purpose of this chapter is to give a brief overview of the basic legal aspects an anesthesia technician is likely to encounter on the job. It will explore issues of credentialing, regulation, privacy, informed consent, and liability.

Every technician should expect a rigorous credentialing process. Credentialing is not only a “stamp of approval” by the health care institution, but also a method to define the scope of duties to be entrusted to the technician. The credentialing process explores the technician’s knowledge, skills, and experience with the purpose of ensuring that the individual is truly qualified to provide appropriate anesthesia assistance and care. Credentialing and certification should not be viewed as an obstacle, but rather as a means to promote patient safety, professionalism, and excellence within the profession. Furthermore, the credentialing process defines the scope of tasks and procedures that technicians can perform within their job descriptions.

Some employers may require certification by an outside organization. The American Society of Anesthesia Technologists and Technicians (ASATT) is a member of the National Organization for Competency Assurance (NOCA). A “certified” anesthesia technician or technologist has met the requirements of ASATT and has passed a national examination.

Hospitals and surgery centers are highly regulated organizations. The Joint Commission on Accreditation of Healthcare Organizations (formerly JCAHO, now referred to as the Joint Commission) is a nonprofit organization that accredits health care organizations on a 3-year cycle. Accreditation is a prerequisite for licensure as well as for receiving reimbursements from the Centers for Medicare & Medicaid Services (CMS). Anesthesia technicians can expect to play an integral role during Joint Commission inspections and surveys. Tasks from the labeling of syringes to the operation of point-of-care testing will be scrutinized by the inspectors. The technician must show proficiency in these duties and adherence to national standards and guidelines.

CMS uses the power of the purse to regulate health care organizations. Since October 2008, the federal government stopped reimbursing health care providers for 11 “never events”—preventable complications and medical errors. Many of these “never events” focus directly on surgical patients, such as the prevention of central line infections, wrong-site surgeries, postoperative infections, and thromboembolic events. Invariably, the anesthesia technician is positioned to play a crucial role in preventing such adverse events.

Patient privacy and confidentiality has taken center stage over the last decade. With the

Stay updated, free articles. Join our Telegram channel

Join