The California Superior Court in San Francisco has upheld Gov. Arnold Schwarzenegger's decision to opt out of the federal physician supervision rule for nurse anesthetists.

In a victory for the governor and the California Association of Nurse Anesthetists, the presiding judge ruled that state law does not specifically require CRNAs to be supervised by physicians when administering anesthesia, and therefore Gov. Schwarzenegger was within his rights to opt out of the federal rule. Fifteen other states, most recently Colorado, have opted out since 2001, when the Centers for Medicare and Medicaid Services first gave them the option.

The California Society of Anesthesiologists and the California Medical Association sued Gov. Schwarzenegger in February, arguing that the opt-out violated state law. In a summary judgment in favor of Gov. Schwarzenegger last week, "the presiding judge found that the governor did not abuse his discretion in concluding that the opt-out was consistent with state law," announced the American Association of Nurse Anesthetists, which supported the governor and CANA's position.

The San Francisco court's ruling keeps the opt out in effect. The CSA and CMA say they are "reviewing options for further action, including appealing the ruling."

Irene Tsikitas

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