POLICIES FOR REVOCATION OF CERTIFICATION, ADMINISTRATIVE ACTION AND APPEALS

Certified Anesthesiologist Assistants (CAAs), exam candidates, and applicants for Certification or Continued Certification are subject to disciplinary or administrative action for engaging in conduct deemed by the NCCAA as inconsistent with NCCAA certification. These policies set forth the conduct that can lead to discipline, the procedures that will govern, the sanctions that may be imposed, the appeal rights of CAAs who are sanctioned, and provisions for reinstatement of NCCAA certification.

Procedures for Revocation of Certification and Administrative Action

Disciplinary or administrative action may be instituted based on information that the NCCAA learns through its own means or information that is brought to the NCCAA’s attention by other concerned parties. Matters involving revocation of certification or administrative action will be reviewed in the first instance by NCCAA staff, with requests for review where provided for in these Policies by the Executive Committee of the NCCAA Board. NCCAA staff may elect to refer any matter to the Executive Committee of the NCCAA as an initial matter. Any final decision of the Executive Committee may be subject to appeal, as described below in the section labeled “Appeal Request.”

No one who is in professional competition with the anesthesiologist assistant whose conduct is under review or who has a personal relationship with such anesthesiologist assistant shall participate in any stage of the review or appeals process. If a member of the Executive Committee or NCCAA Board has a conflict of interest or the appearance of a conflict of interest, the Chair shall demand their recusal from the matter. The Chair shall have the sole discretion to decide whether a conflict of interest, or the appearance of a conflict of interest, exists. If the Chair of the Board is in conflict, the Chief Executive Officer shall alert the Executive Committee and the Vice-Chair shall replace the Chair for purposes of these processes.

NCCAA staff will notify the anesthesiologist assistant of revocation of certification or administrative action and the reason for the revocation or administrative action by certified mail or by such other method as deemed appropriate by NCCAA staff. In kind communication shall be deemed appropriate. It is the responsibility of the anesthesiologist assistant to maintain current and accurate contact information with the NCCAA, including a current mailing address and email address. Notices, if mailed, will be issued to the address provided by the anesthesiologist assistant. The claim that an applicant or anesthesiologist assistant did not receive notice from the NCCAA will not excuse the individual from revocation of certification or from imposition of any other administrative action available under this policy, so long as the NCCAA sent notice to at least one of the addresses provided by the anesthesiologist assistant.

APPEAL REQUEST

If an anesthesiologist assistant receives notification of a decision by the Executive Committee that the anesthesiologist assistant deems adverse, they may request an appeal to the NCCAA Board of Directors by filing a Request for Appeal with the NCCAA within 30 business days after notification of the decision of the Executive Committee. Any Request for Appeal shall be accompanied by payment of an appeal fee in such amount set by the NCCAA Board of Directors and found within the NCCAA fee schedule located on the NCCAA website at www.nccaa.org. A Request for Appeal shall stay the effective date of the administrative action except in cases of immediate revocation of certification imposed secondary to:

Automatic Revocation of Certification

Any of the following will result in automatic revocation of certification or denial of certification:

• Loss or surrender of licensure or other authority to practice anesthesia, in any state for any reason that, in the judgment of the NCCAA, relates to the anesthesiologist assistant's safe or ethical practice of anesthesia.
• Adjudication by a court or a regulatory authority that the anesthesiologist assistant is mentally or physically incompetent to safely practice anesthesia.
• Suspension or termination from participation in a federal health care program for reasons relating to the unsafe, unlawful, or unethical practice of anesthesia.
• Conviction of, or pleading no contest to, a crime that in the judgment of the NCCAA, compromises the anesthesiologist assistant’s safe or ethical practice of anesthesia.

A Request for Appeal shall include a statement from the anesthesiologist assistant explaining the position of the anesthesiologist assistant’s belief that the Executive Committee decision was in error. The statement must include any documents or other materials the anesthesiologist assistant believes support the Request for Appeal. A Request for Appeal not received within 30 business days of the Executive Committee decision, or not accompanied by the review fee, shall not be forwarded to the NCCAA Board of Directors and the decision of the Executive Committee shall constitute the final decision of the NCCAA on the matter.

APPEAL PROCESS

When the NCCAA Board of Directors receives a Request for Appeal, it shall, at its sole discretion, determine whether to require all submissions be made in writing or to hold a telephonic hearing or other such means of a hearing. The NCCAA Board of Directors will notify the anesthesiologist assistant requesting appeal in writing by in-kind communication or certified mail to the address in the anesthesiologist assistant’s NCCAA profile, of that date of the hearing or, in the alternative, the date that all written submissions are due.

Should the NCCAA Board of Directors decide in rare circumstances to hold an in-person hearing, the NCCAA Board of Directors will determine the date, time and location of such hearing. All expenses of the anesthesiologist assistant in connection with any appeal shall be borne by the anesthesiologist assistant.

At the NCCAA Board of Directors appeals hearing, the anesthesiologist assistant may present their position or have that presentation made by counsel. The anesthesiologist assistant and/or anesthesiologist assistant counsel may NOT:

• Call or cross-examine witnesses.
• Take any action other than to present the anesthesiologist assistant's position to the NCCAA Board of Directors.

The anesthesiologist assistant and/or the anesthesiologist counsel may only answer questions presented by the NCCAA Board of Directors. The NCCAA Board of Directors shall determine the time allotted for presentation before the NCCAA Board of Directors by, or on behalf of, the anesthesiologist assistant.

The formal rules of evidence present in judicial proceedings shall not apply to the hearing before the NCCAA Board of Directors. The NCCAA Board of Directors shall be allowed to consider any information the NCCAA Board of Directors deems relevant to the investigation.

Following the appeals hearing or appeals review of written submissions, the NCCAA Board of Directors shall determine whether to affirm, modify, or reverse the decision of the Executive Committee or to remand the matter to the Executive Committee for further review and proceedings. The decision of the NCCAA Board of Directors shall be based on whether the decision of the Executive Committee was procedurally fair and supported by the evidence.

Should the NCCAA Board of Directors become aware of new applicable evidence, it may discontinue its appeal review and remand the matter back to the Executive Committee for further consideration.

The NCCAA Board of Directors shall notify the anesthesiologist assistant of its decision in writing, by such method as the NCCAA Board of Directors deems appropriate.

Unless the NCCAA Board of Directors has remanded the matter for further review by the Executive Committee, the decision of the NCCAA Board of Directors shall be final.