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Association of Anesthesiologists filed suit seeking a preliminary injunction and summary judgment on the grounds that Montana State Law required physician supervision of CRNA's administering anesthesia, because the administration of anesthesia constituted the "practice of medicine". On behalf of the The Montana Association of Certified Registered Nurse Anesthetists, BKBH attorneys [Dan Hoven and Sara Stanton], opposed the preliminary injunction and filed a motion for summary judgment that Montana State Law did not require physician supervision of CRNA's and that administering anesthesia was not considered the "practice of medicine", in that only physicians could do it. The Honorable Tom Honzel, District Judge in Helena, granted BKBH's motion for summary judgment and on January 23, 2004 issued a written opinion on his order granting the BKBH motion. On January 22, 2004, Governor Judy Martz formally opted out of the federal law pertaining to the supervision of CRNA's. The details of the Governor's opt out are provided in the following electronic message sent by the Director of State Government Affairs for The American Association of Nurse Anesthetists to BKBH's client in the law suit: "I am pleased to inform you that Montana has opted out of the federal physician supervision requirement for CRNAs, as permitted in the November 13, 2001, Centers for Medicare & Medicaid Services (CMS) rule. The AANA applauds the Montana Governor's decision, and thanks the Montana Association of Nurse Anesthetists for its efforts. Montana is the twelfth state to opt out of the federal supervision requirement. Iowa, Nebraska, Idaho, Minnesota, New Hampshire, New Mexico, Kansas, North Dakota, Washington, Alaska, and Oregon opted out previously. Montana Governor Judy Martz's opt-out letter was dated January 22, 2004 and received at CMS headquarters today, January 23, 2004. The opt-out is effective upon receipt at CMS and is, therefore, effective immediately. Governor Martz's opt-out letter stated that: “The Board of Medical Examiners, the Board of Nursing, and other interested and affected parties have been consulted in this matter. This exemption is in the best interest of Montana's citizens and is consistent with state law." |