Relates to the practice of surgical technology and surgical technologists; defines terms.

---

S4563A-2011 Actions

• Sep 23, 2011: VETOED MEMO.75
• Sep 12, 2011: DELIVERED TO GOVERNOR
• Jun 17, 2011: returned to senate
• Jun 17, 2011: passed assembly
• Jun 17, 2011: ordered to third reading rules cal.402
• Jun 17, 2011: substituted for a6539b
• Jun 16, 2011: referred to codes
• Jun 16, 2011: DELIVERED TO ASSEMBLY
• Jun 16, 2011: PASSED SENATE
• Jun 16, 2011: ORDERED TO THIRD READING CAL.1316
• Jun 16, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 8, 2011: PRINT NUMBER 4563A
• Jun 8, 2011: AMEND (T) AND RECOMMIT TO HEALTH
• Apr 12, 2011: REFERRED TO HEALTH

S4563A-2011 Meetings

Rules: Jun 16, 2011, Rules: Jun 17, 2011

S4563A-2011 Calendars

Floor Calendar: Jun 16, 2011

S4563A-2011 Votes

S4563A-2011 Memo

BILL NUMBER:S4563A

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.

S4563A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   4563--A

                         2011-2012 Regular Sessions

                              I N  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 THIS

 S. 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.