“The best doctor is the one you run to and can’t find.” Denis Diderot. In this case, anesthesiologists challenged a decision by the Governor to opt out of a federal regulation that requires certified registered nurse anesthetists (CRNAs) administering anesthesia to be supervised by a physician. The court of appeals first held the doctors had standing to bring their claims based on harm to their reputations and value of their licenses, as well as third-party standing to protect their patients. The political question doctrine didn’t bar review either. The court then held that Colorado law permits CRNAs to administer anesthesia without supervision by a physician. It reasoned that under CRS 38-12-103 and 12-38-111.5, CRNAs who administer anesthesia are conducting independent nursing functions and not a “delegated medical function.” The Governor’s opt-out decision was upheld.
UPDATE: The Colorado Supreme Court granted certiorari in this case on October 7, 2013.