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SPHEREVolume 69 Number 3

NYSSA • The New York State Society of Anesthesiologists, Inc.

Quarterly Publication

Fall 2017

Addressing Disruptive Behavior in the Workplace

PostGraduate Assembly in Anesthesiology Fri. - Tues. Dec. 8-12 Marriott Marquis NYC/USA

PGA712017

NewYork CitySponsored by:

The New York State Society of Anesthesiologists, Inc.

The New York State Society of Anesthesiologists, Inc., isaccredited by the Accreditation Council for Continuing Medical Education to provide continuing medical educationfor physicians. Up to 54.75 AMA PRA Category 1 CreditsTM

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SPHERE Fall 2017 1

Copyright © 2017The New York State Society ofAnesthesiologists, Inc. All rightsreserved. No part of thispublication may be reproducedin any form or by any electronicor mechanical means withoutpermission in writing from thepublisher, the New York StateSociety of Anesthesiologists, Inc.

SPHERESPHERE is published four times per year by the New York State Society ofAnesthesiologists, Inc.

NYSSA Business Address:110 East 40th Street, Suite 300New York, NY 10016212-867-7140Fax: 212-687-1005www.nyssa-pga.orge-mail: [email protected]

Executive Director:Stuart A. Hayman, M.S.

Editorial Deadlines:January 15April 15July 15October 15

Non-member subscription:$40 yearly

Inside This Issue:

3 President’s Message What’s in a Name? ROSE BERKUN, M.D.

7 Editorial Working to Empower All NYSSA Members SAMIR KENDALE, M.D.

9 Addressing Disruptive Behavior in the Workplace MELINDA AQUINO, M.D., AND

SERGEY PISKLAKOV, M.D.

13 The NYSSA Ad Hoc Committee on Women Physicians: A New Frontier

MELINDA AQUINO, M.D., AND JANINE LIMONCELLI, M.D.

17 An Introduction to the NYSSA’s New Law Firm

MATHEW J. LEVY, ESQ.

20 Euroanaesthesia 2017The European Anaesthesiology Congress

21 New York State Fair and Canadian Anesthesiologists’ Society Annual Meeting

22 Networking With Colleagues and Advocating for NYSSA Members

25 Albany Report Legislative Update CHARLES J. ASSINI, JR., ESQ.

35 Resident and Fellow Section In Anesthesia, Patient Safety

Should Be Fundamental KIMBERLEY SCHULLER, D.O.

42 Membership Update

2 NYSSA — The New York State Society of Anesthesiologists, Inc.

SPHEREEditorsPaul M. Wood, M.D.1948 Vol. 1

Morris Bien, M.D.1949-1950 Vol. 1-2

Thomas F. McDermott, M.D.1950-1952 Vol. 2-4

Louis R. Orkin, M.D.1953-1955 Vol. 5-7

William S. Howland, M.D. 1956-1960 Vol. 8-12

Robert G. Hicks, M.D1961-1963 Vol. 13-15

Berthold Zoffer, M.D. (Emeritus)1964-1978 Vol. 16-30

Erwin Lear, M.D. (Emeritus)1978-1984 Vol. 30-36

Elizabeth A.M. Frost, M.D.1985-1988 Vol. 37-40

Alexander W. Gotta, M.D.1989-1990 Vol. 41-42

Mark J. Lema, M.D., Ph.D.1991-1996 Vol. 43-48

Douglas R. Bacon, M.D., M.A.1997-2000 Vol. 49-52

Margaret G. Pratila, M.D.2000-2006 Vol. 52-58

James E. Szalados, M.D., M.B.A., Esq.2007-2011 Vol. 59-63

Jason Lok, M.D.2011-2015 Vol. 63-67

Samir Kendale, M.D.2016- Vol. 68-67

SPHEREEditorial BoardEditor: DistrictSamir Kendale, M.D. 2

Senior Associate Editor:Sanford M. Miller, M.D. 2

Associate Editor:Ingrid B. Hollinger, M.D. 2

Assistant Editors:Melinda Aquino, M.D. 3Rose Berkun, M.D. 7Christopher Campese, M.D. 8Michael Duffy, M.D. 5Kevin Glassman, M.D. 8Michael Jakubowski, M.D. 4Jung Kim, M.D. 2Jon Samuels, M.D. 2Divina J. Santos, M.D. 3Francis Stellaccio, M.D. 8Tracey Straker, M.D., M.P.H. 3Donna-Ann Thomas, M.D. 5Kurt Weissend, M.D. 6

Resident Editor:Mark Saweris, M.D. 5

Business Address:110 East 40th Street, Suite 300New York, NY 10016212-867-7140 • www.nyssa-pga.org

Executive Director:Stuart A. Hayman, M.S.

Editorial Deadlines:January 15 • April 15July 15 • October 15

Non-member subscription: $40 yearly

Copyright © 2017 The New York State Society of Anesthesiologists, Inc. All rightsreserved. Formerly the NYSSA Bulletin. All views expressed herein are those of theindividual authors and do not necessarily represent or reflect the views, policies oractions of the New York State Society of Anesthesiologists, Inc. The Editorial Boardreserves the right to edit all contributions as well as to reject any material oradvertisements submitted.

President’s Message

What’s in a Name?ROSE BERKUN, M.D.

For many years the New York State Associationof Nurse Anesthetists (NYSANA) has been

aggressively pushing a bill that would grant a nurse anesthetist thetitle of “certified registered nurse anesthetist.” Under this bill, inorder to qualify to receive such title, an applicant would fulfill thefollowing requirements: submit an application to the Department ofEducation, provide proof of a registered nurse license, showsatisfactory completion of a program for nurse anesthetists, and paya $50 fee. That’s the essence of the bill named “CRNA Title.”

Upon closer inspection of the bill, however, one will notice theabsence of a significant provision. Nowhere in this bill is arequirement to define the scope of practice for the new title, in starkcontrast to all other title bills.

The New York State Society of Anesthesiologists (NYSSA) supportsgranting CRNA title to nurse anesthetists. In fact, the “SafeAnesthesia Patient Protection” bill that the NYSSA supports grants atitle to nurse anesthetists while at the same time it defines CRNAscope of practice. So why are nurse anesthetists so strongly opposedto this bill, which grants them the title they claim to want, and whydo they continue to lobby on behalf of a title bill that does notinclude scope of practice? There can only be one reason: NYSANAand the American Association of Nurse Anesthetists (AANA) areusing this bill as a back door to obtaining the right to practiceindependently in New York state.

In October 2012, Gov. Cuomo vetoed the same “CRNA Title”legislation, stating that the bill “fails to clearly address critical issuessuch as scope of practice, supervision and oversight.” To “clarify”that the bill will not change CRNA scope of practice, NYSANAadded new language to show how sincere they are in their efforts toonly obtain a title. The bill now states, “Nothing in this section shall beconstrued to define a scope of practice or permit independent practice for

3SPHERE Fall 2017

certified registered nurse anesthetists.” However, the next sentencecontradicts and overrides this sentence by stating, “The commissioneris authorized to promulgate regulations to implement the certificationprocess set forth in this section.” And that’s the heart of the matter.

The establishment of a new nursing title requires the Board ofNursing to address such title and to provide what medical servicescan be delivered under such title. Because this bill does not definethe new CRNA title’s scope of practice, it will be up to the Board ofNursing to define what CRNA scope of practice will be. Thatdecision will be submitted to the Board of Regents and, if affirmed,will then move to be accepted by the commissioner of education,who is directed by this bill to create a new scope of practice fornurse anesthetists.

It has been a longstanding official goal of AANA to establish CRNAindependent practice nationwide. They fought hard for nurseanesthetists to practice independently within the Veterans HealthAdministration system. Despite their loss, AANA continues topursue the agenda of CRNA independent practice in multiple states,supporting the “CRNA Title” bill in New York state.

The NYSSA opposes the “CRNA Title” bill because this legislationfails to define the nurse anesthetist scope of practice consistent withcurrent New York state standards, a standard of care that hassignificantly improved anesthesia outcomes over the last 20 yearsand to which compromises have been repeatedly rejected by NewYork’s government leaders. We further contend that keepinganesthesia safe requires defining the roles of the anesthesiologist,operating physician and nurse anesthetist. Members of the NYSSAbelieve it is not possible to define the scope of practice of a nurseanesthetist without defining the roles of both the anesthesiologistand the operating physician. It is not possible to define the role ofthe nurse anesthetist without incorporating the requirement ofphysician supervision and defining such terms as “supervision” and“immediately available.” All schools of nurse anesthesia in New Yorkteach the student nurse anesthetist to work under medical direction.Clinical training of student nurse anesthetists provides the direct


and personal supervision that the health code requires. It providesno training in independent practice.

With the help of all NYSSA members and our friends at the MedicalSociety of the State of New York (MSSNY), we were able to defeatthe “CRNA Title” bill in the 2017 legislative session. We mustcontinue to reach out to our legislators and educate them on theimportance of protecting our patients by keeping physiciansupervision of nurse anesthetists in New York state. m


NYS

SA Deleg

ates to

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7 AS

A Hou

se of D

eleg

ates NYSSA Delegates to 2017

ASA House of DelegatesAll sessions related to the ASA House of Delegates will take place at theBoston Convention and Exhibition Center (Ballroom West) as follows:

First Session 8:00 a.m. — Sunday, October 22, 2017

Second Session 8:00 a.m. — Wednesday, October 25, 2017

ALTERNATE DELEGATES (NON-VOTING)

DELEGATES (VOTING)

Scott B. Groudine, M.D. — ASA Director, New York State

1. Dr. Melinda A. Aquino2. Dr. Richard A. Beers3. Dr. Audrée A. Bendo4. Dr. Rose Berkun5. Dr. David S. Bronheim6. Dr. Jesus R. Calimlim7. Dr. Christopher L. Campese8. Dr. Gregory W. Fischer 9. Dr. Sudheer K. Jain10. Dr. Vilma A. Joseph11. Dr. Jung T. Kim12. Dr. Tal S. M. Levy13. Dr. Jason Lok14. Dr. Elizabeth L. Mahoney

15. Dr. Scott N. Plotkin 16. Dr. Andrew D. Rosenberg17. Dr. Lawrence J. Routenberg18. Dr. Daniel H. Sajewski19. Dr. Steven B. Schulman20. Dr. Steven S. Schwalbe21. Dr. Michael B. Simon22. Dr. Tracey Straker23. Dr. Lance W. Wagner24. Dr. Matthew Wecksell25. Dr. Richard N. Wissler26. Dr. David J. Wlody27. Dr. Salvatore G. Vitale

1. Dr. Michael Angelucci2. Dr. Susan Bogdan3. Dr. Jayapratap R. Chenna4. Dr. Edmond Cohen5. Dr. Alan E. Curle6. Dr. Lawrence J. Epstein7. Dr. Michael J. FitzPatrick8. Dr. Jonathan S. Gal9. Dr. Kevin M. Glassman10. Dr. Melissa A. Kreso11. Dr. Jennifer Macpherson12. Dr. Nader Nader

13. Dr. Chantal M. Pyram14. Dr. Meg A. Rosenblatt15. Dr. Michelle Schlesinger16. Dr. Joy Schwabel17. Dr. David Seligsohn18. Dr. Ketan Shevde19. Dr. Peter A. Silverberg20. Dr. Andrew M. Sopchak21. Dr. Francis S. Stellaccio22. Dr. Donna-Ann Thomas 23. Dr. Stacey A. Watt24. Dr. Lee H. Winter

Editorial

Working to Empower All NYSSA MembersSAMIR KENDALE, M.D.

There has been a lot going on behind the scenes atthe NYSSA in support of our state’s anesthesiologists. One particularlyexciting development is the formation of the Ad Hoc Committee onWomen Physicians. In this issue of Sphere, there is a brief description of the committee’s origins and the benefits that this group hopes toprovide to the women physicians in the state. Women in our professionhave unique needs; hopefully the NYSSA’s women members, especiallythose beginning their careers, will benefit from the mentorshipopportunities and PGA sessions that will address these needs.

In a continuation of the wellness theme that we highlighted in thewinter 2017 issue of Sphere, Drs. Melinda Aquino and Sergey Pisklakovaddress the topic of bullying. As anesthesiologists we have all been intense situations: the unanticipated difficult airway, the sudden surgicalbleeding, and the obstetric hemorrhage, to name just a few. Everyonehandles these circumstances differently. And everyone likely has had adisagreement with a colleague, sometimes even in the midst of thesetense situations. There is an appropriate time to be demanding for thesake of patient safety, but there really is no excuse for bullying orthreatening behavior. While aggressive behavior in the healthcare fieldmay seem like a remnant of days past, we newer physicians have heardour share of stories about hurled instruments, berated nurses, andmedical students whose hands were slapped. It seems like a naturalbyproduct of high-risk situations and type A personalities, and of longhours coupled with short fuses; ultimately, however, the hostileenvironment that results from disruptive behavior is likely to makethings worse for the patient.

There will always be challenging people with whom we are forced tointeract. We all need to feel empowered enough to speak up whensomething around us is amiss, and to take the high road when placedin a compromising situation. Having open communication with ourwork colleagues goes a long way toward maintaining a positive workenvironment.

7SPHERE Fall 2017

Finally, speaking of communication, we are very happy to announce thelaunch of the Sphere website. The website is viewable via both desktopand mobile devices. We will be publishing some of our more populararticles on the site, and encourage all of our readers to link to yourfavorite articles on social media by using the links at the bottom of eacharticle. For example, if you want to share with family members andfriends the amazing things that New York’s anesthesiologists are doingaround the world, tweet the recent feature article about the medicalmission in Nigeria. If you are concerned about the well-being of yourcolleagues in the medical field, share a link on Facebook to one of thewellness articles. Sphere authors devote a great amount of time andenergy to writing these excellent articles; it would be terrific to increasethe readership of their work! The Sphere website can be found athttp://nyssasphere.weebly.com. m

Participate in the Democratic ProcessYou have an opportunity to voice your opinions on positions and policies of the NewYork State Society of Anesthesiologists at the annual Reference Committee Hearing,which is open to the membership at large.

REFERENCE COMMITTEE Saturday, December 9, 1:45 p.m., Marquis Ballroom (9th floor)Reviewing: Officers and Directors reports; Bylaws & Rules; Communications;Government & Legal Affairs; Economic Affairs; Patient Safety and QualityImprovement; Pain Management; Critical Care Medicine; Judicial & Awards; AnnualSessions; Continuing Medical Education & Remediation; Academic Anesthesiology;and Retirement committee reports.

LOCATION: The New York Marriott Marquis1535 Broadway (between 45th and 46th Streets)New York, New York

All Officer, Director, Standing Committee, and Board of Directors’ reports are subjectto review by a panel of your peers and are discussed at this open forum.

Please come to listen, learn, and, if you wish, to speak. Here’s your chance to have adirect impact on the decision-making processes that will steer the New York StateSociety of Anesthesiologists into the future.

For additional information, contact Stuart A. Hayman, executive director, at NYSSAheadquarters.

Addressing Disruptive Behavior in the Workplace MELINDA AQUINO, M.D., AND SERGEY PISKLAKOV, M.D.

The American Psychological Association defines bullying as “a form of aggressive behavior” intended to cause distress or harm. Bullyinginvolves an imbalance of power between the aggressor and the victim.It can be identified when someone persistently perceives him or herselfto be on the receiving end of negative actions from one or severalpersons over a period of time. The individual at the receiving end hasdifficulty defending against these actions. Bullying can be physical aswell as relational. It is a way to gain power.1

Physical bullying is obvious; in our society this form of bullying tendsto be the province of children. Adults are more subtle and devious intheir approach; their bullying can take a variety of forms, many ofwhich may not be obvious to a third party. This allows bullies tocontinue their activities unchecked, enabling them to do what theywant at the expense of others.

Aggressive and disruptive behavior in the workplace is fueling anationwide grassroots legislative effort to force companies to draft and enforce policies aimed at stopping it. Bullying has been linked tohigher costs in terms of turnover and insurance claims, and todecreased productivity.2 In January 2009, a new standard issued byThe Joint Commission (formerly JCAHO) went into effect. It requireshospitals to have “a code of conduct that defines acceptable,disruptive, and inappropriate staff behaviors” and for its “leaders [to]create and implement a process for managing disruptive andinappropriate staff behaviors.” The rationale for the standard states:“Leaders must address disruptive behavior of individuals working at all levels of the [organization], including management, clinical andadministrative staff, licensed independent practitioners, and governingbody members.” A Joint Commission sentinel alert includes“uncooperative attitudes” and “condescending language or voiceintonation and impatience with questions” as disruptive behaviors.

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The Joint Commission’s first-ever alert about the problem is the latestindustry effort to address an issue that has challenged the medicalcommunity for years. Suggested actions include better systems todetect and deter unprofessional behavior; more civil responses topatients and families who witness bad acts; and overall training in“basic business etiquette,” including phone skills and people skills forall employees.3 The lack of action against disruptive and aggressivebehavior can lead to serious liabilities since these incidents sometimesconstitute not only bullying, but also sexual harassment anddiscrimination.4

Disruptive behavior has been observed in almost all healthcarespecialties. Physician behavior, however, may have the greatest impactbecause of the position of authority that doctors hold as members ofthe healthcare team.5 Out of fear of being intimidated or patronized, ateam member may withhold valuable or even critical input, such as amedication error or a breakdown in adherence to safety protocols.2

Ensuring good patient care and respect among all healthcareprofessionals is at the very foundation of the ethics advocated by theAmerican Medical Association.6 Intimidating, condescending, off-putting, or discouraging behavior by the physician inhibits positiveteamwork. If an OR staff works suboptimally because of disruptivebehavior by the physician or another team member, overall carequality is compromised and patient safety is threatened. To mitigatethese risks, healthcare organizations may need to re-examine theirhospital harassment policies to ensure those policies include specificprohibitions. Hospitals need to create workplace conduct policies thatforbid disruptive and aggressive behavior, bullying or harassment.Once policies are in place, comprehensive training courses should begiven to all supervisors and physicians. If policies are violated,appropriate action should be taken against violators to ensure properenforcement.4

There is evidence that the prevalence of disruptive behavior in themedical world is high.7 The outburst by a physician in the OR is notuncommon. Bullying and mistreatment during training are also part ofthe experience for many early career doctors, medical students andresidents.5 A 2004 study reported that 37 percent of doctors in


training had witnessed disruptive and aggressive behavior in the pastyear.8 One of the major reasons for disruptive behavior is the lack oftraining in management and communication skills. Why do victimsoften not speak out against perpetrators? Victims often believe that acomplaint would blight their professional progress; with an intentionalbully, this might be the case.9 The consequences of disruptive andaggressive behavior are far-reaching. There is evidence that thisbehavior is responsible for victims becoming stressed and depressed,leading to job turnover.

Although there would appear to be a difference between intentionaland unintentional disruptive and aggressive behavior, the initiallyunintentional perpetrator may well come to gain satisfaction from thisform of behavior, which will then, of course, be reinforced. Intentionalbullying is a behavior that needs both decisive intervention and help.9

Approaches to unintentional bullying should be both educational andorganizational. Work with the individual accused of bullying may needto include psychotherapy to explore the reasons for bullying oraggressive behavior. It should also include improving interpersonal andself-awareness skills so that the bully can explore and adopt alternativeways of behaving.10 The organizational culture also needs to change.Hospitals, departments and individual personnel need to develop ahigher level of awareness. Anti-bullying policies should be given ahigher profile. This should encourage victims to come forward so thatindividual bullies can be identified.

Unintentional bullies will usually, although not always, respond to thestrategies outlined above and modify their behavior. They may wellrespond to personal approaches on the part of the victim. Victimsshould also approach their professional associations for advice andsupport. Primary preventive methods may include providing educationalmaterials and communication skills training for residents, staff, andeducators. Education on abuse, discrimination, and harassment in theworkplace, and how these can be addressed and averted, can also bepresented in formal and informal curricula. Such initiatives shouldpromote inclusive language and a culture of collegiality and respect forall faculty, staff, and trainees. Secondary preventive measures should rely

11SPHERE Fall 2017

in part on clear reporting mechanisms so that any occasion of abusive or discriminatory language or behavior can be addressed as soon as itarises. In the meantime, and until further data confirm or deny theconcerns identified here, we should be duly vigilant. m

Melinda Aquino, M.D., is an assistant professor in the Albert EinsteinCollege of Medicine and the Department of Anesthesiology at MontefioreMedical Center. Sergey Pisklakov, M.D., is an associate professor anddirector of the neuroanesthesia fellowship in the Albert Einstein College ofMedicine and the Department of Anesthesiology at Montefiore MedicalCenter.

REFERENCES1. Einarsen S, Raknes B, Matthiesen S. Bullying and harassment at work and

their relationships to work environment quality: An exploratory study.European Work and Organizational Psychologist 1994; 4:381-401.

2. Rosenstein AH, O’Daniel M. Disruptive behavior and clinical outcomes:Perceptions of nurses and physicians. Am J Nurs 2005; 105:54-64.

3. Joint Commission - Sentinel Event Alert - Behaviors that undermine aculture of safety. Issue 40, July 9, 2008.

4. Institute for Safe Medication Practices (ISMP): Survey on workplaceintimidation 2003. http://ismp.org/Survey/surveyresults/Survey0311.asp.Accessed on July 5, 2017.

5. Quine L. Workplace bullying in junior doctors: questionnaire survey. BMJ2002; 324:878-9.

6. Physicians and Disruptive Behavior July 2004. https://com-psychiatry-pep.sites.medinfo.ufl.edu/files/2014/06/AMA-Physicians-and-Disruptive-Behavior-Policy.pdf. Accessed on July 23, 2017.

7. Paice E, Aitken M, Houghton A, Firth-Cozens J. Bullying among doctorsin training: cross sectional questionnaire survey. BMJ 2004; 329:658-9.

8. Margittai KJ, Moscarello R, Rossi MF. Forensic aspects of medical studentabuse: a Canadian perspective. Bull Am Acad Psychiatry Law 1996; 24:377-85.

9. Cohen JS, Leung Y, Fahey M, et al. The happy docs study: a CanadianAssociation of Interns and Residents well-being survey examining residentphysician health and satisfaction within and outside of residency trainingin Canada. BMC Res Notes 2008; 1:105.

10. Huntoon LR. Abuse of the “disruptive physician” clause. J Am Phys Surg2004; 9:68.


The NYSSA Ad Hoc Committee on Women Physicians: A New Frontier MELINDA AQUINO, M.D., AND JANINE LIMONCELLI, M.D.

INTRODUCTION BY NYSSA PRESIDENT ROSE BERKUN, M.D.:

In 2013, the American Medical Association established a Women PhysiciansSection in order to address gender differences as they apply to salaries,promotions, sponsorship, academic advancement and other issues unique towomen physicians. I became a New York state liaison to this section. I wasshocked to learn that there was pay discrepancy between male and femalephysicians. Advancement within academic and private practice was muchharder for women. As of 2013, only 13 deans of medical schools were women.I read about young women physicians leaving academics because of lack ofmentorship and support. I decided to form a network for women physicians inBuffalo, which evolved into an organization called UB DoctHERS with morethan 300 members and growing.

Taking a closer look at anesthesia, I realized that the same issues faced femaleanesthesiologists. I wanted to establish a similar section within anesthesia aswas created within the AMA. However, each organization has a uniquestructure and I saw that a women physicians committee was a moreappropriate organization. By establishing the NYSSA Ad Hoc Committee onWomen Physicians I was hoping to create a membership group that wouldaddress issues that are important and unique to women anesthesiologists. The focus of the committee would be on leadership development, successfulnegotiating skills, and work-life balance, as well as on providing guidance,mentorship and sponsorship within academic anesthesiology, the private sectorand organized medicine. As of 2016, 26 percent of the NYSSA’s activemembers were women physicians. The member benefits offered by the newcommittee would also attract more female members, potentially increasing thedelegate count to the ASA and helping develop future leaders of our society.

Not all NYSSA male members were receptive to creating a new standingcommittee. The Executive Committee agreed to look at the work of the ad hoccommittee and committed to a three-year extension for the committee, atwhich time it will consider establishing a standing committee if progress ismade.

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Because of the tremendous job done by the ad hoc committee so far,significant progress has been made and I have no doubts that a standingwomen physicians committee will be established when Dr. Vilma Joseph isour president.

Dr. Berkun created the NYSSA Ad Hoc Committee on WomenPhysicians. She appointed Melinda Aquino, M.D., as the chair of thecommittee and Janine Limoncelli, M.D., as the vice chair. Twenty-threemembers from multiple hospitals representing all the NYSSA districtsround out the committee’s membership. There are both female and malemembers.

The mission of the NYSSA Ad Hoc Committee on Women Physicians isto educate, empower, and engage women physicians in the field ofanesthesiology in order to advance the careers of women physicians andthe future of our specialty. We aim to do so by constructing a network offemale leaders, providing resources to women in anesthesiology, andestablishing a forum for collaboration. The committee’s goals are toenable members to advance, collaborate, lead and seek equalopportunities in the practice of anesthesiology. We will support,encourage, mentor and recruit future generations of women inanesthesiology.

The first thing committee members did was to send a survey to all thefemale members of the NYSSA to assess the need for such a committee,and the needs we can fulfill. The preliminary results of the survey havebeen analyzed and categorized. As a committee, we will use this data totarget and address the current challenges facing women. The surveyrevealed that lack of mentoring was the number one need that memberswant to be fulfilled. Other needs identified included professionaladvancement (including career advancement, negotiation skills,networking and visibility, public speaking and conflict resolution).Challenges in one’s career, including work-life balance, timemanagement, and gender biases were also cited as important issues.

The committee has created a Web page that is available to themembers of the NYSSA and serves as a resource for women physicians.Dr. Maya Jalbout Hastie has done an excellent job as our webmaster.The page can be accessed by logging onto the NYSSA website, or byour direct link: http://tiny.cc/NYSSAWomen. There are drop-down


15SPHERE Fall 2017

menus for event listings; current articles of interest; job postings; opendiscussions of issues and questions put forth by members; advice;mentorship; opportunities to network; a residents’ section; career andprofessional development; and information about leadership, work-lifebalance, advancement and other issues our members are facing. Wewill be building a network of mentors and hope to foster theconnections between members and mentors. We also have a sectioncalled “The Doctor Is In – Ask Us” where members can post questionsand concerns, and anyone can offer advice and comments. This sectionacts as a live blog.

This year there will be a PGA focus session on December 9, 2017. The content will include career advancement, preparing for leadershippositions, networking, self-promotion, negotiations, and work-lifebalance. There will be three or four speakers discussing these issues.The format will be an innovative and interactive session with femaleleadership in anesthesiology.

One very important goal of the committee is to establish aresident/medical student section, which will be headed by MorganMontgomery, M.D., currently a CA-2 resident at Mount Sinai Hospital.The goal is to create a relationship with medical schools and residencyprograms to educate medical students and residents on the challengesthey will face, and to assist them with any issues they need help withas they advance in their careers.

The survey revealed that NYSSA members felt there is a great needfor mentoring. Our goals include setting up mentoring networks andmentoring tools for mentees. Drs. Vilma Joseph and Tracey Strakerwill be leading this section. Dr. Morgan Montgomery will be theresident/medical student liaison for the residents’ mentorship. Wewill establish networks for career mentoring, development andadvancement, to include key female leaders from the community, theNYSSA and the ASA.

In the future we hope to establish a social media presence to includeboth Facebook and Twitter pages. We also plan on creating miniworkshops for future PGA meetings. There are many other projectsthat are being considered and developed, and we will keep youinformed as we progress.

This is only the beginning. The committee is comprised of highlybright, energetic individuals who meet via telephone on a monthlybasis. We are dedicated to advancing the needs of women inanesthesiology and are open to any and all suggestions. Please feel freeto contact us via the NYSSA website by clicking on our Web page, oremail us at [email protected]. Please follow us on the websiteoften, as new articles, questions, job postings, etc. are added daily. Welook forward to serving the needs of the women in our society, and tobecoming a standing committee in the near future. m

Melinda Aquino, M.D., is chair of the NYSSA Ad Hoc Committee onWomen Physicians and Janine Limoncelli, M.D., is vice chair.

In keeping with its mission, AFNY provides PGA-

related scholarships to the most enthusiastic and

dedicated anesthesiologists from the developing world

who wish to refine their delivery of safe, modern

anesthetic care. During the past 24 years, more than

374 anesthesiologists representing 62 countries have

enhanced their education and training thanks to the

generosity of the NYSSA and its members.

You can help AFNY fund the education and

research that will improve patient care.

Contributions are tax deductible and 100 percent of

every donation will be used to fund the programs that

fulfill AFNY’s mission.

Visit http://nyanesthesiologyfoundation.org and

make your donation today.

You Can Make a Difference

The Anesthesiology

Foundation of New York

(AFNY) is a 501(c)(3)

nonprofit organization

whose mission is to

improve patient care

around the world

through education

and research.

An Introduction to the NYSSA’s New Law FirmMATHEW J. LEVY, ESQ.

We are extremely honored to be chosen as the NYSSA’s new generalcounsel. I would like to introduce myself and my law firm, WeissZarett Brofman Sonnenklar & Levy, P.C. (Weiss Zarett). I am a partnerat Weiss Zarett, and I co-chair the firm’s corporate transaction andhealthcare regulatory practice. I will be the partner in charge of theNYSSA account. Our firm has a concentration in representinghealthcare professionals in connection with their transactions andregulatory needs. Among the areas in which we focus are structuringand negotiating joint venture arrangements, the purchase and sale ofmedical practices, drafting and negotiating shareholder/operating/partnership agreements and employment agreements, complianceprograms, HIPAA privacy regulations, and fraud and abuse (i.e., Starkand anti-kickback, third-party audits involving Medicare/Medicaid andprivate payors, and licensure issues before the Office of ProfessionalMedical Conduct). The firm also advises healthcare clients on day-to-day business operations that have drawn the attention of the FBI, theOffice of the Inspector General (OIG), the district attorney, theattorney general, and the Office of the United States Attorneys.

Weiss Zarett’s attorneys can assist members of the healthcare industrywith a wide array of legal services, including civil and administrativelitigation; healthcare regulatory issues, including HIPAA; fraud andabuse, including Stark and the anti-kickback statutes; Medicare/Medicaid and other third-party payor audits; bankruptcy/creditors’rights; and commercial real estate transactions. My bio can be found at:http://weisszarett.com/lawyer/Mathew-J.-Levy_cp16495.htm.

We are here to help the members of the NYSSA and would be morethan happy to assist you with any questions or concerns relating toyour practice. As a member benefit, we are providing a free initialphone consultation for NYSSA members.

We will provide articles on healthcare-related topics for the NYSSA’spublications and make presentations at NYSSA meetings. We will alsobe in attendance at the PGA, and we are looking forward to meeting allof you. We have experience presenting on a wide range of health law

17SPHERE Fall 2017

issues, including the formation of mega groups, fraud and abuse,medical records, confidentiality and protected health information,employment contract negotiations, and licensure issues. We will alsobe reaching out to the NYSSA’s district presidents to discussprogramming and the needs of each individual district.

I have known NYSSA Executive Director Stuart Hayman for more than15 years; I am excited to work with Stuart and the entire NYSSA team.Healthcare is an exciting field that is constantly changing; I am certainthat we will be able to provide you with the legal guidance necessaryto help you navigate the current healthcare climate. Please contact meat 516-926-3320 or [email protected] should you have anyquestions or concerns, or if you are interested in discussing a futurepresentation. m

Mathew J. Levy, Esq., is a partner at Weiss Zarett Brofman Sonnenklar &Levy, P.C. The firm can be found on the Web at weisszarett.com.

Have You Visited theNYSSA Website Lately?

Attention NYSSA Members:A FREE course on infection controlis just a click away.

Find the information and resources you needat www.nyssa-pga.org.

Euroanaesthesia 2017The European AnaesthesiologyCongress

Dr. Andrew Rosenberg speaks at the ESA meeting.

Dr. Richard Beers Stuart Hayman, Dr. Rose Berkun and Kelly Mancusi

Dr. Audrée Bendo

Dr. Rose Berkun


2017 New York State Fair

Canadian Anesthesiologists’ Society Annual Meeting

Dr. Mike Duffy and Assemblywoman Pamela Hunter

Drs. Lawrence Routenberg (left) and Richard Wissler

Drs. Shannon Michel (seated, second from right)and Pratik Desai (seated, right) talk to fairgoers.

Kelly Mancusi, Dr. Rose Berkun and Will Burdett at the CanadianAnesthesiologists’Society’s annualmeeting in Niagara Falls

Drs. Rose Berkun(third from right)and past CASpresidents at theCAS annualmeeting

Drs. Vilma Joseph and Iyabo Muse with New York Assembly Speaker Carl Heastie

Dr. Rose Berkun and New York Lt. Gov. Kathy Hochul

Drs. Jonathan Gal, Rose Berkun and Sudheer Jain at a District 2 meeting

Networking With Colleagues

AMA President-elect Dr. Barbara McAneny and Dr. Mike Simon

Advocating for NYSSA Members

New York Gov. Mario Cuomo and former Vice President Joe Biden


Drs. Ted Kim and Andy Rosenberg at Sen. Majority Leader Flanagan’s golf outing at Trump National Golf Club Westchester in Briarcliff Manor, New York

Drs. Eric Trachtenberg, P. Sebastian Thomas and Mike Duffy

Drs. Mike Duffy and P. Sebastian Thomas with NYSSA lobbyist Bob Reid (center)

Drs. Ted Kim andJonathan Gal withStuart Hayman inTroy, New York

23SPHERE Fall 2017

Albany Report

Legislative UpdateCHARLES J. ASSINI, JR., ESQ.

Monthly Newsletter From NYSSA President Rose Berkun, M.D.In her May 6, 2017, newsletter, Dr. Berkun provided NYSSA memberswith an update on the legislative session that ended in mid-June. Inshort, as Dr. Berkun noted, the nurse anesthetist title bill backed by theNew York State Association of Nurse Anesthetists (NYSANA) did notadvance to either the Assembly or Senate floor for a vote (S1385Gallivan/A0442 Paulin). This represents a victory for patients in NewYork state because it preserves safe anesthesia practices by maintainingthe existing physician-led anesthesia care team. If the nurse anesthetisttitle bill is enacted, safe anesthesia care would be undermined becausethe bill:

• Fails to mandate the existing patient safety requirement ofphysician supervision of every anesthetic.

• Creates a title for a nurse anesthetist but does not define thescope of practice of the profession — unlike all critical carehealth professions recognized by the New York state Legislature.

• Fails to define, even in basic terms, the scope of the nurseanesthetist’s role in the operating room during the administrationof potentially lethal drugs, which is unprecedented and unsafe.

• Fails to clearly address critical issues such as scope of practice,supervision, and the oversight role and regulatory jurisdiction ofthe affected agencies (state Education Department andDepartment of Health); such omissions create a risk ofinconsistent standards and confusion for consumers.

Dr. Berkun also emphasized the need to be vigilant in educating ourlawmakers about the importance of preserving the physician-ledanesthesia care team and to refute misstatements of fact made byNYSANA and other special interest groups that support the dismantlingof the physician-led anesthesia care team. We can expect NYSANA toadvocate for passage of their nurse anesthetist title bill in the nextsession. Please recall that there is absolutely no practice setting in NewYork state in which a nurse anesthetist is restricted from administering

25SPHERE Fall 2017

anesthesia under the physician-led anesthesia care team, as mandatedby long-standing New York state health code provisions and office-based accreditation standards.

I have reprinted below the memorandum that Dr. Berkun referenced inher president’s newsletter (in its entirety). This information will beuseful for future meetings with your lawmakers and may be helpfulwhen confronted by others who question the NYSSA’s goal insupporting the safe anesthesia bill, which preserves the physician-ledanesthesia care team model (S4422 DeFrancisco/A1829 Morelle).

Just the Facts: Answering NYSANA’s Memo in Opposition:A1829 (Morelle)/S4422 (DeFrancisco) Safe Anesthesia Bill

What they said: This bill purports to codify the practice of nurseanesthesia. It does not. It was written by doctors to protect thepractice and employment of doctors at the expense of nurses. This billwas written and introduced by special interests — the New York StateSociety of Anesthesiologists and the Medical Society of the State ofNew York — and intends to allow physicians to exert control overnurses.

Just the facts: The NYSSA did not write the bill. MSSNY did not writethe bill. New York’s legislators wrote the bill.

This bill grants title to nurse anesthetists and defines the scope ofpractice of a nurse anesthetist wholly consistent with existing standardsset forth in the New York state health code Part 405.13 and Part 755.4.The health code mandates that a nurse anesthetist be supervised by aphysician. The operating room is a unique environment; every surgeryand procedure has risks. When seconds count, when a life hangs in thebalance, when medical emergencies or other complications occur, it isimperative that the roles of the physician anesthesiologist and nurseanesthetist are clear. Enactment of the A1829 (Morelle)/S4422(DeFrancisco) bill achieves this clarity.

What they said: Doctors cannot be allowed to control the professionof nursing. That’s why the New York State Association of NurseAnesthetists (NYSANA), the professional association of nearly 1,400certified registered nurse anesthetists (CRNAs) practicing in New Yorkstate, STRONGLY OPPOSES this bill.


Just the facts: A predominant method of delivery of anesthesia topatients in New York state is through the physician-led anesthesiacare team wherein the physician anesthesiologist supervises nurseanesthetists (or resident physicians) in the provision of anesthesiacare. The physician anesthesiologist may delegate monitoring andappropriate tasks to the nurse anesthetist while retaining overallmedical and legal responsibility for the patient. As such, it is notpossible to define the scope of practice of a nurse anesthetist withoutalso defining the roles of both the physician anesthesiologist andoperative physician.

What they said: CRNAs have been providing anesthesia care in NewYork for more than 150 years. Today, New York CRNAs work inhospitals, military facilities, ambulatory surgery centers, physicians’offices, pain clinics, universities, dental offices, ophthalmologists’offices, oral surgeons’ offices, plastic surgery centers, painmanagement clinics, prisons, and for the Department of VeteransAffairs.

Just the facts: The physician-led anesthesia care team is the standardof care in each of the venues listed where the administration ofanesthesia occurs. In fact, the Department of Veterans Affairs inJanuary 2017, after extensive analysis and review of comments,announced that they rejected a collaborative relationship for nurseanesthetists (even after approving collaborative relationships for threeother advanced practice nurse specialties) because of significantquestions raised about the safety of a “solo” CRNA model ofanesthesia. The outcome of this final rule was to maintain physician-led anesthesia care in all VA hospitals.

What they said: CRNAs are master’s- and doctoral-prepared nurseswith national certification who practice across healthcare settings,administering approximately 65 percent of all anesthetics provided inthe U.S. CRNAs provide anesthesia care to all categories of patients,for all types of procedures, in every setting where anesthesia isadministered. They are also the primary anesthesia providers in themajority of rural hospitals throughout New York state.

Just the facts: Anesthesiology is the practice of medicine. No matterhow many doctoral degrees nurses have, those degrees are in

27SPHERE Fall 2017

NURSING, not in medicine. In New York state, 100 percent ofanesthetics are supervised by physicians because the New York statehealth code mandates supervision. In New York state, there areapproximately 3,417 physicians who specialize in the field ofanesthesiology and pain medicine; there are approximately 1,244nurse anesthetists. Physician anesthesiologists are involved in everytype of anesthetic procedure from the most basic to the mostcomplicated. Physician anesthesiologists, with increasing frequency,complete enhanced subspecialty training in: pain medicine, hospiceand palliative care medicine, sleep medicine, pediatric anesthesiology,cardiac anesthesiology, neurological anesthesiology, and othersubspecialties. This enhanced training clearly distinguishes physiciananesthesiologists from nurse anesthetists.

What they said: New York is home to some of the strongest CRNAgraduate programs in the country. The existing requirements CRNAsmust meet to receive their advanced degree have resulted in the highquality, professional standard of care exhibited by CRNAs today.CRNA education programs range from 24 to 36 months, result inmaster’s or doctoral degrees, and have been certified by the New YorkState Education Department (NYSED) as nurse practitioner programs.CRNAs acquire over 1,800 total patient care hours including researchand clinical residency, and most have several years of advanced criticalcare nursing experience as well. Finally, CRNAs must pass a nationalcertification examination and obtain 40 hours of approved continuingeducation every two years for re-certification.

Just the facts: There are significant differences in the education,training, and responsibilities of physician anesthesiologists and nurseanesthetists. Physician anesthesiologists are highly trained medicalspecialists: physicians who complete 12,000 to 16,000 hours ofclinical training in anesthesia and in pain and critical care medicine.Nurse anesthetists complete only 1,651 hours of clinical training. Adoctorate in nursing is not equivalent to a doctorate in medicine. NewYork state is also home to the strongest physician anesthesia programsin the U.S.

What they said: This bill would restrict the practice of CRNAs by onlyallowing them to practice in the presence of an anesthesiologist. This


does not reflect national standards of anesthesia practice or currentpractice in New York state.

Just the facts: This bill would simply maintain the current anesthesiadelivery rules that already exist in New York state and does notrequire nurse anesthetists to administer anesthesia only under thesupervision of an anesthesiologist. At the same time, it would grantthe long-sought-after title the nurse anesthetists claim to be seeking.The verbatim language in this bill is:

Section 1, Paragraph 4(b)(i): ... only under the supervision of an anesthesiologist who is immediately available; or under the supervision of the operating physician who is physicallypresent; or under the supervision of a dentist, oral surgeon or podiatrist who is physically present ...

What they said: The language in this bill reflects conditions ofparticipation in the Medicare reimbursement system under the federalTax Equity and Financial Reimbursement Act (TEFRA). It has beenclearly stated by the federal Health Care Financing Administration(currently the Centers for Medicare & Medicaid Services) that theseTEFRA conditions do not constitute a standard of care in the deliveryor administration of anesthesia. Rather, they constitute a method ofreimbursement.

In other words, the conditions set forth in this bill specify what ananesthesiologist must do in order to be paid when a CRNA administersthe anesthetic. These provisions do not pertain to the scope of practiceof CRNAs and do not belong in an act codifying their practice.

Just the facts: The standard of care contained in the bill is whollyconsistent with New York state health code Part 405.13 andincorporates language to define terms contained in the health code,including “supervision” and “physically present” to clarify the existingstandard and not create a new standard. In other words, the A1829(Morelle)/S4422 (DeFrancisco) bill does not restrict the practice ofnurse anesthetists.

What they said: Rising healthcare costs coupled with fewer providersin underserved areas have had a severe impact on our healthcaresystem. Nationally, CRNAs make up almost half the total anesthesia-

29SPHERE Fall 2017

provider workforce, but they represent only one quarter of New Yorkstate’s total anesthesia workforce, leading to limited access andincreased costs.

Just the facts: In 2014, NYSANA commissioned a survey of 46upstate New York hospitals on what NYSANA suggested were a set ofproblems sometimes associated with the provision of anesthesiaservices (prepared by the Center for Health Workforce Studies[CHWS], at SUNY Albany). The survey revealed that:

• Only 28 hospital administrators of the 203 hospitals in New Yorkstate (about 14 percent) responded to the CHWS survey andrevealed that less than 13 percent of the respondent hospitaladministrators had any serious problems providing anesthesiaservices (equating to less than four out of 203 hospitals acrossNew York state); and

• For those hospitals having trouble attracting physiciananesthesiologists, they also had difficulty attracting nurseanesthetists in essentially the same proportion. The first highlightof the CHWS 2014 study claims that 40 percent to 50 percent ofanesthesia services were provided by nurse anesthetists inupstate/rural hospitals, ignoring the fact, which they lateracknowledge in the survey, that a physician anesthesiologist wasalso involved in 85 percent of those cases (an operative surgeonwas supervising in the rest).

The current protocol in New York state is cost effective. Physiciananesthesiologists avoid added consultations, screenings, and tests thatdrive up costs. According to a New England Journal of Medicine review,1

“pre-surgical assessment and preparation of patients for surgery byphysician anesthesiologists significantly reduces unnecessary testing andpreventable cancellations of surgery. Physician anesthesiologists reducedmedical consultation requests by 75 percent, the cancellation ofoperations for medical reasons by 88 percent and the cost of laboratorytests by 59 percent.” Under federal CMS guidelines, there is noreimbursement differential that favors nurse anesthetists over physiciananesthesiologists and most commercial payers pay the samereimbursement. Finally, when nurse anesthetists’ compensation isadjusted to the same number and types of hours worked by physiciananesthesiologists, nurse anesthetists are 70 percent the cost of private


practice anesthesiologists and 93 percent that of academicanesthesiologists.

What they said: Presently, many New York state nurse anesthesiagraduates are relocating to other states where they can practice to thefull extent of their education and training. New York cannot afford tolose any more of its nursing workforce.

Just the facts: The number of nurse anesthetists practicing in NewYork state has steadily increased over the past several years. Now at1,244 in the state, in 2001 they numbered approximately 800.

What they said: NYSANA supports the removal of barriers thatprevent nurses from practicing to the full extent of their educationand training. We believe that allowing nurses to practice to theirfullest extent improves the quality of and access to healthcare for allNew Yorkers. This bill does just the opposite.

Just the facts: The current scope of practice for nurse anesthetists isunder physician supervision; nurse anesthetists’ training andeducation is based on the physician-led anesthesia care team model.The 2014 NYSANA commissioned survey mentioned above outlined a“set of problems” or barriers to a nurse anesthetist’s practice. The setof problems presented is really a set of protections.

• Protection for patient safety.• Protection from liability.• Protection for the surgical team in the OR.• Protection for nurse anesthetists from the undesired consequence

of an emergency that would stretch their bounds of educationand training.

Most, if not all, of the “barriers” suggested in the survey are ones NewYork physician anesthesiologists would agree are true, but for differentreasons:

• TRUE, nurse anesthetists lack the ability to prescribe medicationsand to write patient treatment orders — BECAUSE they lack theproper medical training to safely perform this important duty.

• TRUE, nurse anesthetists lack the ability to conduct patients’physical assessments — BECAUSE they lack the medical trainingto properly evaluate a patient’s suitability to withstand surgery.

31SPHERE Fall 2017

• TRUE, nurse anesthetists are not permitted under existing NewYork state Medicaid rules to bill independently — BECAUSEstate law mandates a physician-anesthesiologist medically direct anurse anesthetist in the administration of anesthesia. Thisrequires the physician to be responsible for the preoperative,intraoperative, and postoperative care of the patient, a duty thatrequires the discipline of extensive medical training.

What they said: On behalf of rural hospitals and the underserved, the practice of CRNAs needs to be preserved. This bill creates adisincentive for CRNAs to practice to the full scope of their educationand ability, which could severely limit anesthesia services in rural andunderserved areas of New York state.

Just the facts: The enactment of this bill A1829 (Morelle)/S4422(DeFrancisco) will preserve the existing and long-standing New YorkState Department of Health regulations mandating the physician-ledanesthesia care team. Nurse anesthetists have been administeringanesthesia in all venues where anesthesia may be administered inaccordance with this standard of care.

Advertising the NYSSA’s Message on Safe Anesthesia Care for PatientsThis past session, the NYSSA government advocacy team (NYSSAExecutive Director Stuart Hayman; Bob Reid of Reid, McNally &Savage, NYSSA’s Albany lobbyists; Dr. Rose Berkun and the NYSSAExecutive Committee; and me) placed an advertisement in Politico,which is reproduced below. It is imperative, as part of the NYSSA’smultifaceted governmental strategy, to continue to seek new forums toadvance our message to the Legislature and the public. We felt it wasimportant that this advertisement be published during the final week of the session:

** A message from NYS Society of Anesthesiologists:Physician-led anesthesia medical care has led to unprecedentedincreases in patient safety in New York. Legislation underconsideration by New York’s Legislature would create confusionregarding the roles of the physician anesthesiologist and otherallied healthcare providers in the administration of anesthesia,


compromising safety for unconscious patients in the operatingroom. Learn more at http://www.nyssa-pga.org/politico/ **

[The links to the NYSSA Memorandum in Opposition and bills are found onthis Web page.] m

Charles J. Assini, Jr., Esq.NYSSA Board Counsel and Legislative Representative

Higgins, Roberts & Suprunowicz, P.C.1430 Balltown Road

Schenectady, NY 12309-4301Our website: www.HRSLaw.us.com

Phone: 518-374-3399 Fax: 518-374-9416E-mail: [email protected] and cc: [email protected]

REFERENCE1. Wiklund RA, Rosenbaum SH. Anesthesiology. N Engl J Med 1997; 337:1132.

33SPHERE Fall 2017

PostGraduate Assembly in

Anesthesiology

Fri. - Tues. Dec. 8-12Marriott Marquis

NYC/USA

PGA71

2017

NewYork City

Have You Registered for PGA71?As a benefit of membership, all NYSSAmembers attend the PGA for FREE. Just besure to register this year to reserve your spot.

Registration is quick and easy thanks to the NYSSA's new and improved registrationsystem. Once you register, you can updateyour contact information, select programming,book hotel accommodations and socialevents, and edit your schedule at any time.

Go to www.pga.nyc and register today!

RFS Resident and Fellow Section

In Anesthesia, Patient Safety Should BeFundamental KIMBERLEY SCHULLER, D.O.

Most of us in a medical profession strongly believe in the saying, “Primumnon nocere” (first, do no harm). Patient safety in the operating room reliesheavily on the training and experience of the person providing the care.Nowhere is this more evident than in anesthesiology. The practice ofanesthesiology has transformed significantly since its early days, requiring atremendous body of knowledge, skill and expertise to safely anesthetize ourpatients. Unfortunately, many in government lack the understanding ofwhat goes on in an operating room, yet they are charged with theresponsibility of writing the legislation and regulations we all must conformto when caring for our patients.

In New York, as in many other states, the Legislature is considering changesto anesthesia care. Many understand that anesthesiology is the practice ofmedicine and, as such, anesthesia should always be provided by a physicianor under the supervision of a physician. However, a growing minority arebeing pressured by lobbying groups (the New York State Nurses Associationand the New York State Association of Nurse Anesthetists) to eliminate theneed for physician supervision when nurse anesthetists work in the state. Ihope to shed light on this issue, and to encourage the younger generationof physician anesthesiologists to get involved politically so that we can havea monumental impact on the future of anesthesia from a federal and statepolicy perspective.

When considering more independence for nurse anesthetists, we must firstand foremost examine the educational differences between nurses andphysicians. We would all agree that education plays a fundamental role indeveloping the skill set necessary to practice a healthcare profession safely.Physician anesthesiologists obtain a medical degree (M.D. or D.O.) after abachelor’s degree, totaling eight years of post-secondary education. Aftermedical school, residency training consists of a one-year internshipfollowed by three years of training in anesthesiology. Some continue on foran additional one to two years and subspecialize, for a total of 12 to 14years of higher education and 12,000 to 16,000 hours of clinical training.This training equips physicians with the knowledge we need to provide

35SPHERE Fall 2017


comprehensive medical care to a population with a growing complexity ofmedical conditions, including an increasing number of both prematureinfants and elderly patients.

Most nurse anesthetists obtain a bachelor’s degree followed by two years ofwork experience in an intensive care unit. Then, if accepted, they pursue amaster’s degree from a nurse anesthetist school, which entailsapproximately 1,700 clinical hours. In the past, some nurse anesthetistsreceived their RN license after obtaining an associate degree and then wentto nurse anesthesia school. Thus, some nurse anesthetists are practicing inNew York state without having obtained even a four-year bachelor’s degree!Currently, there is a push for all advanced practice nurses to obtain adoctorate, which consists of an additional year of training and is gearedtoward measuring patient outcomes as well as understanding the healthcaresystem and quality and safety measures, not toward understanding theintricacies of complicated medical conditions.

Understanding the educational paths each profession takes is a criticaldistinction that needs to be addressed. Nurse anesthetist educationoriginally focused on providing a background in administering and assistingwith the technical aspect of anesthetic services (a nursing service). It wasalways understood that providing anesthesia services without someone withmedical training overseeing the procedure would put patients at risk. Nurseanesthesia schools are not medical schools, but they didn’t have to bebecause someone with medical training was always responsible for thepatient’s care!

This leads us to the legislative fights now taking place in Albany. The NewYork State Association of Nurse Anesthetists has promoted the “registerednurse anesthetist title bill” (A0442/S1385), which provides for a title of“certified registered nurse anesthetist.” Currently in New York, nurseanesthetists are licensed as registered nurses. There is no separate license fornurse anesthetist. This lack of title has not deterred nurse anesthetists frompracticing, as New York State Department of Health regulations permit thistype of specialized nursing care. This is similar to the situation withphysicians. We have a medical degree but are not licensed specifically asanesthesiologists. This lack of title protection for anesthesiologists has neverbeen an issue. It is understandable that nurse anesthetists want to berecognized for their additional training; however, it is not needed for nurse


anesthetists to practice independently in this state. Most anesthesiologistshave no problem establishing a new category of nursing licensure as long as the definition of that title is transparent. The definition of a “nurseanesthetist” must contain a scope of practice that has been earned byeducation and experience and not by political lobbying.

The current bills A0442 and S1385 would establish a title without definingscope of practice, which would be relegated to the New York StateEducation Department. This can eliminate the current, long-standingphysician supervision requirement, whether by an anesthesiologist orsurgeon, and the Legislature’s control in establishing a defined scope ofpractice. Putting the scope of practice definition in the hands of theEducation Department can compromise patient health and safety due to theambiguity that would result when deciding what it is, exactly, that a nurseanesthetist can do. This legislation recently made it out of committee in theAssembly and remained in committee in the Senate. Luckily the legislativecalendar ended and now anesthesiologists have a few more months toeducate our legislators on the important job we do.

Expansion of scope of practice by mid-level providers was a common themein last year’s legislative agenda and probably will be in the next legislativesession. There are a few bills that would expand scope of practice for nurseanesthetists. These include the “CRNA prescription writing authority”legislation (S1957), which would give nurse anesthetists the ability toprescribe medication during the peri-anesthetic period. To obtain thisprivilege the anesthetists will complete a short program; they would thenobtain a certificate that would be approved by the Department ofEducation. Understanding the interaction between drugs and anestheticagents is more complex than that. Even though anesthesiologists arerequired to attend four years of medical school and four years of residencytraining, we often are challenged by the pharmacology of our practice.Allowing practitioners with less training to prescribe drugs will put patientsat risk.

Another bill, “CRNA collaborative practice” (S3501), would allow nurseanesthetists to obtain title certification and to administer anesthesia andpain therapies without the supervision of a qualified physiciananesthesiologist. Additionally, it would abolish existing statewideregulations stating that if an anesthesiologist is not available, the

37SPHERE Fall 2017


responsibility of supervision falls on the surgeon. Recently at the federallevel, the safe VA care initiative rejected the idea of nurse anesthetistsproviding anesthetic services without the presence of a supervisingphysician because the federal government acknowledged that anoperating room was a special environment where decisions need to bemade quickly and those decisions can have a significant effect on patientcare. In order to facilitate veterans care at VA hospitals, most advancedpractice nurses had the requirement for medical collaboration orsupervision removed. This did not extend to nurse anesthetists becauseof the large outcry from veterans and others concerned about patientsafety.

Additionally, at the federal level there is the APRN Compact, which wasapproved by the National Council of State Boards of Nursing. It allowsadvanced practice nurses to get certified in their home states and then topractice in another participating state according to the scope defined intheir home states. This compact includes nurse anesthetists. Therefore, ifNew York state were to join the compact, a nurse anesthetist fromanother state with less patient protections could practice independentlyin New York. This is a tremendous threat to our profession and ourpatients. So far, legislatures in only three states (Idaho, Wyoming andNorth Dakota) have supported this. It will take 10 states opting toparticipate before the compact will become National Council of StateBoards of Nursing policy. Several key provisions of the compact are(www.ncsbn.org/Key_Provisions_of_New_APRN_Compact.pdf):

• An APRN multistate license is recognized as authorizing the APRNto practice in each party state, under a multistate licensureprivilege, in the same role and population focus as in the homestate.

• An APRN multistate license shall include prescriptive authority fornon-controlled prescription drugs. An APRN shall satisfy allrequirements imposed by the state for each state in which an APRNseeks authority to prescribe controlled substances.

• An APRN multistate license holder is authorized to practiceindependent of a supervisory or collaborative relationship with aphysician.


While these issues deserve the attention of all anesthesiologists, they are of special concern to those just starting their careers in anesthesia.Unfortunately, the current world of anesthesia extends outside of theORs, the intensive care units, and the office setting and into the politicalprocesses of our state and federal governments. In the modern world,medicine is not only practiced by physicians but by anyone who caninfluence the legislature. By and large many legislators want to do what’sright for their constituents, but if the only ones talking to them andsupporting them politically and financially have ulterior motives, theirview of what is best for our patients can be led astray.

Doctors tend to be busy caring for patients. Other healthcare providers have the time to try to obtain by legislation that which they did not getthrough education. As guardians of our patients’ health, it is important thatlegislators hear our voice. We must work to prevent a dual standard of carefrom developing in anesthesia care: patients who have a physician provideor direct their care and those who don’t. I will always insist that a physicianbe involved in the delivery of my anesthetic. But what about patients withlimited resources and limited choices? They may be forced to receive carefrom someone who hasn’t obtained a medical degree. Currently, everyone inNew York receives the same high standard of anesthesia care. We need topreserve that care by making time to speak to legislators and giving moneyto NYAPAC (www.nyssa-pga.org/about/donate-to-nyapac) and ASAPAC(www.asahq.org/advocacy/asapac). We need to get involved. People inAlbany, New York, and Washington, D.C., are making decisions that willinfluence the practice of anesthesiology dramatically; they need to hearfrom you. The key to safe anesthesia care starts with physicians maintaininga prominent voice and role in the legislation of healthcare. Get involved! m

Kimberley Schuller, D.O., is a resident physician at Albany Medical Center.

39SPHERE Fall 2017

Membership Update

New or Reinstated Members April 1 – June 30, 2017


DISTRICT 1Ensor Gumbs, M.D.Alexandra Mazur, M.D.Alyssa Padover, M.D.Diego Reynoso, M.D.Caitlin Stevenson, M.D.Tara Vazirani, M.D.Javaid Zargar, M.D.Adham Zayed, M.D.

DISTRICT 2Yousun Chung, M.D.Katherine Chuy, M.D.Marie Domingo, M.D.Mathilde Hill, M.D.Hershel Kotkes, M.D.Mark Nunnally, M.D.

Jasmit Parihar, D.O.Michael Pham, M.D.Cortessa Russell, M.D.Anthony Saviri, M.D.Lisa Tepfenhardt, M.D.

DISTRICT 3Marcin Karcz, M.D.Anjali Rozario, M.D.

DISTRICT 4Nathapong Arunakul, M.D.

DISTRICT 8Brian Bateson, M.D.Stephen Probst, M.D.Andrei Radianu, M.D.Sasha Rouzeau, M.D.

Active Members

DISTRICT 2Hemalatha Ranganathan, M.B.B.S.

Affiliate Member

Membership Update

New or Reinstated Members April 1 – June 30, 2017

43SPHERE Fall 2017

DISTRICT 2Derek Atkinson, M.D.Michell Banas, M.D.Brandon Chan, M.D.Jin Chen, M.D.Harini Chenna, M.D.James Coleman, M.D.Alessandro De Camilli, M.D.Aidan DeLeon, M.D.Krystal Ferreras, M.D.Oliver Gentile, M.D.Justin Genziano, M.D.Kaila Gordo, M.D.Li He, M.D.Madeline Heck, M.D.Marguerite Hoyler, M.D.Giselle Jaconia, M.D.Diana Jin, M.D.An Kim, M.D.Subhash Krishnamoorthy, M.D.Benjamin Kuritzkes, M.D.Woo Lee, M.D.Rebecca Martinez, M.D.Danielle McCullough, M.D.

Joseph Melrose, M.D.Joanna Mergeche, M.D.Kevin Nemeth, M.D.Abimbola Onayemi, M.D.Derek Passer, M.D.Liliya Pospishil, M.D.Zachary Powell, M.D.Kasmir Ramo, M.D.Erik Romanelli, M.D., M.P.H.Michael Smith, M.D.Jiawei Sun, M.D.Jason Thai, M.D.Katharine Thompson, M.D.Harry Wanar, M.D.Christopher Wang, M.D.Shaokun Xu, M.D.Xiya Zhu, M.D.Nicholas Zimick, M.D.

DISTRICT 7Cassian Horoszczak, M.D.

DISTRICT 8Victor Perkins, D.O.

Resident Members

DISTRICT 1Banu Lokhandwala, M.D.

DISTRICT 4Robert Chuda, M.D., MBA

Retired Members


2017 OFFICERS PRESIDENT Rose Berkun, M.D., Williamsville, NY

PRESIDENT ELECT David S. Bronheim, M.D., Great Neck, NY

VICE-PRESIDENT Vilma A. Joseph, M.D., M.P.H., Elmont, NY

IMMEDIATE PAST PRESIDENT Andrew D. Rosenberg, M.D., Roslyn Heights, NY

SECRETARY Christopher L. Campese, M.D., M.A., M.S., Douglaston, NY

TREASURER Jason Lok, M.D., Manlius, NY

FIRST ASSISTANT SECRETARY Jung T. Kim, M.D., New York, NY

SECOND ASSISTANT SECRETARY Melinda A. Aquino, M.D., Bronxville, NY

ASSISTANT TREASURER Steven B. Schulman, M.D., Syosset, NY

ASA DIRECTOR Scott B. Groudine, M.D., Latham, NY

ASA ALTERNATE DIRECTOR David J. Wlody, M.D., New York, NY

SPEAKER Tracey Straker, M.D., M.S., M.P.H., Yonkers, NY

VICE SPEAKER Scott N. Plotkin, M.D., Buffalo, NY

DIRECTOR, DIST. NO. 1 Lance W. Wagner, M.D., Belle Harbor, NY

DIRECTOR, DIST. NO. 2 Gregory W. Fischer, M.D., Cos Cob, CT

DIRECTOR, DIST. NO. 3 Matthew B. Wecksell, M.D., Chappaqua, NY

DIRECTOR, DIST. NO. 4 Lawrence J. Routenberg, M.D., Niskayuna, NY

DIRECTOR, DIST. NO. 5 Jesus R. Calimlim, M.D., Jamesville, NY

DIRECTOR, DIST. NO. 6 Richard N. Wissler, M.D., Ph.D., Pittsford, NY

DIRECTOR, DIST. NO. 7 Elizabeth L. Mahoney, M.D., Orchard Park, NY

DIRECTOR, DIST. NO. 8 Daniel H. Sajewski, M.D., Lloyd Harbor, NY

ANESTHESIA DELEGATE, MSSNY Steven S. Schwalbe, M.D., Leonia, NJ

ALT. ANESTHESIA DELEGATE, MSSNY Rose Berkun, M.D., Williamsville, NY

EDITOR, NYSSA SPHERE Samir Kendale, M.D., Brooklyn, NY

CHAIR, ACADEMIC ANESTHESIOLOGY Suzanne B. Karan, M.D., Rochester, NY

CHAIR, ANNUAL SESSIONS Richard A. Beers, M.D., Fayetteville, NY


The New York State Societyof Anesthesiologists, Inc.110 East 40th Street, Suite 300New York, NY 10016 USA

PRSRT STD.US Postage

PAIDLancaster, PAPermit No. 472

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