The Illinois 1st District Appellate Court recently upheld a 2001 state regulation that allows nurse anesthetists to provide anesthesia in a physician’s office only if the physician has ongoing training in anesthesia.  In Pollacheck v. The Department of Professional Regulation a nurse anesthetist sought an injunction prohibiting enforcement of the regulation by the Illinois Department of Financial and Professional Regulation (IDFPR), arguing that the regulation was inconsistent with the Nursing Act.  The trial court prevented the IFDPR from enforcing the regulation, ruling that the Nursing Act did not expressly provide for regulations requiring licensed physicians to undergo anesthesia training when they worked with nurse anesthetists in their offices.

       The Appellate Court reversed the lower court’s decision, holding that the regulation is valid and consistent with statutory language.  The Court found that the Nursing Act gives the IDFPR authority to make rules to implement the purposes of the Nursing Act and the enabling language applies both to registered nurses and to advanced practice nurses, such as anesthetists.  Furthermore, the Nursing Act strongly suggests that physicians must have some training in anesthesia, since physicians must enter into collaborative agreements with the nurse anesthetists who provide anesthesia in their offices.  The Court stated that the anesthetist failed to show that the regulation created an economic hardship.

       The Illinois Society of Nurse Anesthetists is concerned that the regulation could limit the ability of nurse anesthetists to provide office anesthesia because some physicians are unwilling to undergo the additional training in anesthesia.  Physicians who currently use nurse anesthetists in their practice but do not have the necessary training may contact the Firm to discuss available options.