Relates to the practice of surgical technology and surgical technologists; defines terms.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the public health law, in relation to surgical technology and surgical technologists
PURPOSE: The bill amends Article 28 of the public health law by adding section 2823 to establish certain requirements for surgical technologists working in health care facilities.
SUMMARY OF PROVISIONS: Section 2823 (1) defines the terms health care facility, surgical technologist surgical technology and health care professional.
Section 2823(2) requires surgical technologists functioning in health care facilities to be certified or complete an appropriate training program for surgical technology in the U.S. military. A health care facility cannot employ or contract with a surgical technologist unless the person meets the listed requirement. Section 2823(2) (c) provides an exception for individuals who are employed as surgical technologists on or in the two years prior to the effective date of this Act.
Section 2823 (3) allows surgical technologists to perform surgical technology under the supervision of a health care professional performing the surgery or another health care professional participating in the surgery acting within his or her scope of practice.
Section 2823(4) requires uncertified surgical technologists - those who are militarily trained or grandfathered in - to annually complete fifteen hours of continuing education to remain qualified to practice surgical technology.
Section 2823(5) allows a health care facility to employ or contract with an individual who does not meet the requirements of this bill if the facility can demonstrate diligent and thorough efforts to be in compliance. It also requires the employer to demonstrate that the individual has met the requirements of subdivision 2 of this section within twenty-four months.
Section 2823(6) allows a health care professional to perform surgical technology tasks if such tasks are within the scope of his or her license. Further clarifies that nothing in this section shall allow for an unlicensed professional to perform tasks or functions limited to the scope of practice of a health care professional.
Section 2823 (7) requires a health care facility, upon request, to verify the dates of employment of a surgical technician.
Section 2823 (8)states that the Department of Health is responsible for enforcement and compliance with each of these provisions.
EXISTING LAW: There is no existing law regulating the training or skills required of surgical technologists in health care facilities.
JUSTIFICATION: Surgical technologists have a vital role in creating and maintaining a sterile surgical room, ensuring that surgical equipment is functioning properly and safely, and assisting surgeons during surgical procedures. Because surgical technologists are directly responsible for patients' well-being and safety, they are expected to possess a certain level of competence and skill. Furthermore, surgical technologists must be cognizant of the surgeon's needs while performing an operation and this type of knowledge requires specific training.
While surgical technology is an established field with accredited programs, health care facilities are not required to employ or contract with credentialed individuals.
This law would require hospitals to hire only certified personnel or individuals falling within the exceptions of the bill. Hospitals which contract for and hire surgical technologists to practice in their operating rooms must ensure that these professionals are competent and adequately skilled to perform the job.
LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 4563--A 2011-2012 Regular Sessions IN SENATE April 12, 2011 ___________Introduced by Sens. SAVINO, ADDABBO, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to surgical technolo- gy and surgical technologists THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2823 to read as follows: S 2823. SURGICAL TECHNOLOGY AND SURGICAL TECHNOLOGISTS. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "HEALTH CARE FACILITY" MEANS A HOSPITAL, AMBULATORY SURGICAL CENTER, OR FREESTANDING SURGICAL OUTPATIENT FACILITY. (B) "SURGICAL TECHNOLOGIST" MEANS A PERSON WHO PERFORMS SURGICAL TECH- NOLOGY OTHER THAN IN THE COURSE OF PRACTICING AS A HEALTH CARE PROFES- SIONAL. (C) "SURGICAL TECHNOLOGY" MEANS SURGICAL PATIENT CARE THAT INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING TASKS OR FUNCTIONS: (I) PREPARING THE OPERATING ROOM FOR SURGICAL PROCEDURES BY ENSURING THAT SURGICAL EQUIPMENT IS FUNCTIONING PROPERLY AND SAFELY; (II) PREPARING THE OPERATING ROOM AND THE STERILE FIELD FOR SURGICAL PROCEDURES BY PREPARING STERILE SUPPLIES, INSTRUMENTS, AND EQUIPMENT USING STERILE TECHNIQUE; (III) ANTICIPATING THE NEEDS OF THE SURGICAL TEAM BASED ON KNOWLEDGE OF HUMAN ANATOMY AND PATHOPHYSIOLOGY AND HOW THEY RELATE TO THE SURGICAL PATIENT AND THE PATIENT'S SURGICAL PROCEDURE; AND (IV) AS DIRECTED, PERFORMING TASKS AT THE STERILE FIELD INCLUDING: (A) IDENTIFYING AND CORRECTING BREACHES IN ASEPSIS; (B) PASSING SUPPLIES, EQUIPMENT OR INSTRUMENTS; (C) PREPARING AND CUTTING SUTURE MATERIAL;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09904-11-1 S. 4563--A 2
(D) TRANSFERRING AND IRRIGATING WITH FLUIDS; (E) TRANSFERRING, BUT NOT ADMINISTERING, DRUGS WITHIN THE STERILE FIELD; (F) HANDLING SPECIMENS; (G) HOLDING RETRACTORS AND OTHER INSTRUMENTS THAT ARE PLACED ON OR WITHIN THE PATIENT'S BODY BY A SURGEON OR OTHER HEALTH CARE PROFES- SIONAL; (H) CONNECTING DRAINS TO SUCTION APPARATUS; AND (I) PERFORMING SPONGE, NEEDLE, SUPPLY, AND INSTRUMENT COUNTS WITH THE REGISTERED NURSE. (D) "HEALTH CARE PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED, CERTIFIED OR AUTHORIZED TO PRACTICE A HEALTH CARE PROFESSION UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THE SCOPE OF HIS OR HER PRAC- TICE. 2. A PERSON MAY NOT FUNCTION AS A SURGICAL TECHNOLOGIST IN A HEALTH CARE FACILITY, AND A HEALTH CARE FACILITY SHALL NOT EMPLOY OR OTHERWISE CONTRACT FOR THE SERVICES OF A SURGICAL TECHNOLOGIST, UNLESS THE PERSON MEETS ONE OF THE FOLLOWING: (A) HAS SUCCESSFULLY COMPLETED A NATIONALLY ACCREDITED EDUCATIONAL PROGRAM FOR SURGICAL TECHNOLOGISTS AND HOLDS AND MAINTAINS THE CERTIFIED SURGICAL TECHNOLOGIST CREDENTIAL ADMINISTERED BY THE NATIONAL BOARD OF SURGICAL TECHNOLOGY AND SURGICAL ASSISTING OR ITS SUCCESSOR OR A NATIONALLY ACCREDITED CREDENTIALING AGENCY ACCEPTABLE TO THE COMMISSION- ER; (B) HAS COMPLETED AN APPROPRIATE TRAINING PROGRAM FOR SURGICAL TECH- NOLOGY IN THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINE CORPS, COAST GUARD OR PUBLIC HEALTH SERVICE COMMISSIONED CORPS; (C) PROVIDES EVIDENCE THAT THE PERSON WAS EMPLOYED AS A SURGICAL TECH- NOLOGIST IN A HEALTH CARE FACILITY ON OR IN THE TWO YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN FURTHERANCE OF THIS CLAUSE, ANY EMPLOYER OF PERSONS PERFORMING SURGICAL TECHNOLOGY ON THE EFFECTIVE DATE OF THIS SECTION SHALL CONFIRM IN WRITING TO SUCH EMPLOYEE HIS OR HER EMPLOYMENT IN A CAPACITY PERFORMING SURGICAL TECHNOLOGY IN A HEALTH CARE FACILITY AS OF THE EFFECTIVE DATE OF THIS SECTION; OR (D) IS IN THE SERVICE OF THE FEDERAL GOVERNMENT, TO THE EXTENT THE PERSON IS PERFORMING DUTIES RELATED TO THAT SERVICE. A PERSON MAY BE EMPLOYED OR CONTRACTED TO PRACTICE SURGICAL TECHNOLOGY DURING THE TWELVE MONTH PERIOD IMMEDIATELY FOLLOWING SUCCESSFUL COMPLETION OF A SURGICAL TECHNOLOGY PROGRAM UNDER PARAGRAPH (A) OF THIS SUBDIVISION, BUT MAY NOT CONTINUE TO BE EMPLOYED OR CONTRACTED WITH BEYOND THAT PERIOD WITHOUT DOCUMENTATION THAT THE EMPLOYEE OR CONTRACTOR HOLDS AND MAINTAINS THE CERTIFIED SURGICAL TECHNOLOGIST CREDENTIAL REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVISION. 3. A SURGICAL TECHNOLOGIST SHALL NOT PERFORM SURGICAL TECHNOLOGY EXCEPT UNDER THE DIRECTION AND SUPERVISION OF A HEALTH CARE PROFESSIONAL PERFORMING THE SURGERY OR ANOTHER HEALTH CARE PROFESSIONAL PARTICIPATING IN THE SURGERY AND ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE TO DIRECT AND SUPERVISE THE SURGICAL TECHNOLOGIST. 4. A PERSON WHO QUALIFIES TO FUNCTION AS A SURGICAL TECHNOLOGIST IN A HEALTH CARE FACILITY UNDER PARAGRAPHS (B) OR (C) OF SUBDIVISION TWO OF THIS SECTION MUST ANNUALLY COMPLETE FIFTEEN HOURS OF CONTINUING EDUCA- TION TO REMAIN QUALIFIED TO PRACTICE AS A SURGICAL TECHNOLOGIST. A HEALTH CARE FACILITY THAT EMPLOYS OR CONTRACTS WITH A PERSON TO PRACTICE SURGICAL TECHNOLOGY SHALL VERIFY THAT THE PERSON MEETS THE CONTINUING EDUCATION REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION TWO OF THISS. 4563--A 3
SECTION OR, WHERE APPLICABLE, THAT THE PERSON HAS OBTAINED AND MAIN- TAINED THE CERTIFIED SURGICAL TECHNOLOGIST CREDENTIAL. 5. A HEALTH CARE FACILITY MAY EMPLOY OR OTHERWISE CONTRACT WITH A PERSON WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION TO FUNCTION AS A SURGICAL TECHNOLOGIST IN A HEALTH CARE FACILITY IF: (A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTH CARE FACILITY IS UNABLE TO EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER OF QUALIFIED SURGICAL TECHNOLOGISTS WHO MEET THE REQUIREMENTS OF THIS SECTION AND THE HEALTH CARE FACILITY; (B) THE HEALTH CARE FACILITY MAKES A WRITTEN RECORD OF ITS EFFORTS UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND RETAINS THE RECORD AT THE HEALTH FACILITY; AND (C) THE PERSON MEETS THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION WITHIN TWO YEARS OF THE START OF EMPLOYMENT OR CONTRACTING. 6. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTH CARE PROFESSIONAL FROM PERFORMING SURGICAL TECHNOLOGY TASKS OR FUNCTIONS IF THE PERSON IS ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN THIS SECTION SHALL MEAN AN UNLICENSED PROFESSIONAL MAY PERFORM TASKS OR FUNCTIONS LIMITED TO THE SCOPE OF PRACTICE OF A HEALTH CARE PROFESSIONAL UNDER TITLE EIGHT OF THE EDUCATION LAW. 7. A HEALTH CARE FACILITY WHO EMPLOYS OR CONTRACTS A SURGICAL TECHNOL- OGIST SHALL, UPON REQUEST, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF SUCH PERSON. 8. THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS SECTION. S 2. This act shall take effect on the sixtieth day after it shall have become a law.