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Not a lawyer, but...
1. The CRNA....But, the question is are they truly acting independently? State Law is but one element of making that determination. Hospital bylaws, Employer contracts, Department Policy manual, "Informed" Consent all come into play in making that determination.
2. Depends on state law. Anesthesia is recognized as a practice of Medicine and a practice of Nursing. Regulated by different governing boards. Depending on the state, Anesthesiologists may or may not be able to give expert witness testimony against or for CRNAs. Likewise a CRNA may or may not be able to give expert witness testimony against or for an anesthesiologist.
Re: point 2, this is basically a setup for a 2 tier system. The standard of care for physician led anesthesia is not the same as CRNA solo anesthesia