Bill S5185A-2013

Relates to the practice of surgical technology and surgical technologists

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

Details

Actions

  • Jul 31, 2013: SIGNED CHAP.292
  • Jul 19, 2013: DELIVERED TO GOVERNOR
  • Jun 19, 2013: returned to senate
  • Jun 19, 2013: passed assembly
  • Jun 19, 2013: ordered to third reading rules cal.459
  • Jun 19, 2013: substituted for a7419a
  • Jun 13, 2013: referred to codes
  • Jun 13, 2013: DELIVERED TO ASSEMBLY
  • Jun 13, 2013: PASSED SENATE
  • Jun 12, 2013: ADVANCED TO THIRD READING
  • Jun 11, 2013: 2ND REPORT CAL.
  • Jun 10, 2013: 1ST REPORT CAL.1169
  • Jun 4, 2013: PRINT NUMBER 5185A
  • Jun 4, 2013: AMEND AND RECOMMIT TO HEALTH
  • May 14, 2013: REFERRED TO HEALTH

Votes

VOTE: COMMITTEE VOTE: - Health - Jun 10, 2013
Ayes (16): Hannon, Ball, Farley, Felder, Fuschillo, Golden, Larkin, Savino, Seward, Young, Rivera, Montgomery, Hassell-Thompson, Adams, Peralta, Hoylman
Ayes W/R (1): O'Brien

Memo

BILL NUMBER:S5185A

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 2824 to establish certain requirements for surgical technologists working in healthcare facilities.

SUMMARY OF PROVISIONS:

Section 2824(1) defines the terms healthcare facility, surgical technologist, surgical technology and healthcare professional.

Section 2824(2) states that a surgical technologist shall not perform surgical technology except under the direction and supervision of an appropriately licensed healthcare professional participating in the surgery.

Section 2824(3) requires surgical technologists functioning in healthcare facilities to be certified or complete an appropriate training program for surgical technology in the U.S. military. A healthcare facility cannot employ or contract with a surgical technologist unless the person meets the listed requirement.

Section 2824(4) provides an exception for individuals who are employed as surgical technologists for a cumulative period of two years on or in the four years prior to the effective date.

Section 2824(5) requires surgical technologists to annually complete fifteen hours of continuing education to remain qualified to practice surgical technology.

Section 2824(6) requires surgical technologists to document in writing good cause that prevents compliance with continuing education requirement in order to receive an extension, specifies reasons in which an extension may be granted and defines who may grant an extension.

Section 2824(7) allows a healthcare 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 3 of this section within twenty-four months.

Section 2824(8) allows a healthcare professional to perform surgical technology tasks if such tasks are within the scope of his or her individual license. Further clarifies that nothing in this section shall allow for an unlicensed individual to perform tasks or functions limited to the scope of practice of a healthcare professional.

Section 2824 (9) states that a healthcare facility who employs or contracts a surgical technologist shall verify the dates of employment or contract at the request of the employee or another healthcare facility.

Section 2824 (10) grants the commissioner the authority to promulgate regulations

Section 2 sets the effective date.

EXISTING LAW:

There is no existing law regulating the training or skills required of surgical technologists in health care facilities. As to the practice environment for surgical technologists, 10 CRR-NY 405.12(a)(1)states: "The operating room shall be supervised by a registered professional nurse or physician who the hospital finds qualified by training and experience for this role." The regulation speaks specifically to the supervision of surgical technologists in the performance of certain duties in (iii) as follows: "Licensed practical nurses and surgical technologists may perform scrub functions and may assist in the circulating duties under the supervision of a circulating nurse who is present in the operating room for the duration of the procedure." 42 C.F.R. § 482.51(a) (1) states: "The operating rooms must be supervised by an experienced registered nurse or a doctor of medicine or osteopathy. (2) Licensed practical nurses (LPNs) and surgical technologists (operating room technicians) may serve as "scrub nurses" under the supervision of a registered nurse. (3) Qualified registered nurses may perform circulating duties in the operating room. In accordance with applicable State laws and approved medical staff policies and procedures, LPNs and surgical technologists may assist in circulatory duties under the supervision of a qualified registered nurse who is immediately available to respond to emergencies." Nothing in this bill is intended to impact these existing state and federal supervisory requirements in any way.

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' wellbeing and safety, they are expected to possess a certain level of competence and skill. Furthermore, surgical technologists must be cognizant of surgeons' needs while performing an operation and this type of knowledge requires specific training and continuing education.

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 requires hospitals to hire only certified personnel, or individuals falling within the exceptions of the bill. Hospitals that 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.

PRIOR LEGISLATIVE HISTORY:

2012 - Similar bill(S.6511-A/A.9303-A) passed Senate and Assembly unanimously. Vetoed ( 158). 2011 - Similar bill (S.4563-A/A.6539-B) passed Senate and Assembly unanimously, Vetoed (475).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:

The act shall take effect on the first day of the eighteenth month after it shall, have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 5185--A 2013-2014 Regular Sessions IN SENATE May 14, 2013 ___________
Introduced by Sen. SAVINO -- 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 2824 to read as follows: S 2824. SURGICAL TECHNOLOGY AND SURGICAL TECHNOLOGISTS. 1. DEFI- NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "HEALTHCARE FACILITY" MEANS A GENERAL HOSPITAL AS DEFINED BY SUBDIVISION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OR A HOSPITAL AS DEFINED BY SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE OPERATING AS A DIAGNOSTIC AND TREATMENT CENTER AUTHORIZED TO PROVIDE AMBULATORY SURGICAL SERVICES. (B) "SURGICAL TECHNOLOGIST" MEANS A PERSON WHO PERFORMS SURGICAL TECH- NOLOGY OTHER THAN IN THE COURSE OF PRACTICING AS A HEALTHCARE PROFES- SIONAL. (C) "SURGICAL TECHNOLOGY" MEANS THE FOLLOWING SURGERY RELATED TASKS AND FUNCTIONS: (I) ASSISTING HEALTHCARE PROFESSIONALS TO PREPARE THE OPERATING ROOM AND STERILE FIELD FOR SURGICAL PROCEDURES, INCLUDING ASSISTING HEALTH- CARE PROFESSIONALS TO SET UP STERILE SUPPLIES, INSTRUMENTS AND EQUIPMENT USING STERILE TECHNIQUE AND ENSURING THAT SURGICAL EQUIPMENT FUNCTION PROPERLY AND SAFELY; (II) ASSISTING HEALTHCARE PROFESSIONALS TO MOVE AND POSITION PATIENTS FOR SURGERY;
(III) ASSISTING HEALTHCARE PROFESSIONALS TO PERFORM NON-INVASIVE PREP- PING OF THE SKIN'S SURFACE AND DRAPING PATIENTS FOR SURGERY; (IV) ASSISTING THE SURGEON'S PROVISION OF HEMOSTASIS DURING SURGERY BY HANDING INSTRUMENTS; (V) HOLDING A RETRACTOR AFTER PLACEMENT BY A HEALTHCARE PROFESSIONAL; (VI) ANTICIPATING INSTRUMENT NEEDS OF A SURGEON; AND (VII) OTHER TASKS INCIDENTAL TO SURGERY THAT DO NOT FALL WITHIN THE SCOPE OF PRACTICE OF A LICENSED PROFESSION, AS DIRECTED BY THE SURGEON. SERVICES THAT FALL WITHIN THE PRACTICE OF LICENSED PROFESSIONS INCLUDE, BUT ARE NOT LIMITED TO: (A) RETRACTING TISSUE TO EXPOSE THE OPERATING FIELD DURING A SURGICAL PROCEDURE; (B) ADMINISTERING ANY MEDICATION BY ANY ROUTE, INCLUDING LOCAL AND TOPICAL MEDICATIONS; (C) PLACING HEMOSTATIC INSTRUMENTS OR DEVICES OR APPLYING CAUTERY OR TYING OFF BLEEDERS; (D) APPLYING SUTURES OR ASSISTING WITH OR PERFORMING WOUND CLOSURE; (E) ASSISTING THE SURGEON IN IDENTIFYING STRUCTURES THAT SHOULD NOT BE LIGATED; AND (F) APPLYING WOUND DRESSINGS. (D) "HEALTHCARE PROFESSIONAL" MEANS A PERSON LICENSED OR CERTIFIED TO PRACTICE A HEALTHCARE PROFESSION UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE. 2. A SURGICAL TECHNOLOGIST SHALL NOT PERFORM SURGICAL TECHNOLOGY EXCEPT UNDER THE DIRECTION AND SUPERVISION OF AN APPROPRIATELY LICENSED HEALTHCARE PROFESSIONAL PARTICIPATING IN THE SURGERY AND ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE TO DIRECT AND SUPERVISE THE SURGICAL TECHNOLOGIST. 3. MINIMUM STANDARDS FOR CERTIFICATION OF SURGICAL TECHNOLOGISTS. A PERSON MAY NOT FUNCTION AS A SURGICAL TECHNOLOGIST IN A HEALTHCARE FACILITY, AND A HEALTHCARE 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 A CERTIFIED SURGICAL TECHNOLOGIST CREDENTIAL ADMINISTERED BY A NATIONALLY ACCREDITED SURGICAL TECHNOLOGIST CREDENTIALING ORGANIZATION; (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 HEALTHCARE FACILITY FOR A CUMULATIVE PERIOD OF ONE YEAR, OCCURRING WITHIN THE FOUR YEARS IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. IN FURTHERANCE OF THIS PARAGRAPH, ANY EMPLOYER OF PERSONS PERFORMING SURGICAL TECHNOLOGY ON THE EFFECTIVE DATE OF THIS SECTION SHALL CONFIRM IN WRITING TO EACH EMPLOYEE HIS OR HER EMPLOYMENT IN A CAPACITY PERFORMING SURGICAL TECHNOLOGY IN A HEALTHCARE 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. 4. A PERSON MAY BE EMPLOYED OR CONTRACTED TO PRACTICE SURGICAL TECH- NOLOGY DURING THE TWELVE MONTH PERIOD IMMEDIATELY FOLLOWING SUCCESSFUL COMPLETION OF A SURGICAL TECHNOLOGY PROGRAM UNDER PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, BUT MAY NOT CONTINUE TO BE EMPLOYED OR CONTRACTED WITH BEYOND THAT PERIOD WITHOUT DOCUMENTATION THAT THE EMPLOYEE OR CONTRACTOR HOLDS AND MAINTAINS A CERTIFIED SURGICAL TECHNOL-
OGIST CREDENTIAL REQUIRED IN PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION. 5. A PERSON WHO QUALIFIES TO FUNCTION AS A SURGICAL TECHNOLOGIST IN A HEALTHCARE FACILITY MUST ANNUALLY COMPLETE FIFTEEN HOURS OF CONTINUING EDUCATION TO REMAIN QUALIFIED TO PRACTICE AS A SURGICAL TECHNOLOGIST. A HEALTHCARE FACILITY THAT EMPLOYS OR CONTRACTS WITH A PERSON TO PRACTICE SURGICAL TECHNOLOGY SHALL VERIFY THAT THE PERSON MEETS THE CONTINUING EDUCATION REQUIREMENTS OF THIS SUBDIVISION. 6. (A) A SURGICAL TECHNOLOGIST SHALL DOCUMENT IN WRITING GOOD CAUSE THAT PREVENTS COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENT AS PRESCRIBED IN SUBDIVISION FIVE OF THIS SECTION, WHICH SHALL INCLUDE ANY OF THE FOLLOWING REASONS: A MEDICAL CONDITION WHICH REQUIRES AN EXTENDED LEAVE OF ABSENCE AND IS DOCUMENTED BY AN APPROPRIATE HEALTHCARE PROFES- SIONAL, OR EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES. IF ONE OF THESE CONDITIONS IS MET, AN EXTENSION TO MEETING THE CONTINUING EDUCATION REQUIREMENT, AS PRESCRIBED IN SUBDIVISION FIVE OF THIS SECTION MAY BE GRANTED BY: (I) THE ACCREDITING AGENCY OF A SURGICAL TECHNOLOGIST QUALIFYING UNDER PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION; OR (II) A HEALTHCARE FACILITY FOR A SURGICAL TECHNOLOGIST UNDER PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION. (B) IF AN EXTENSION IS GRANTED, A SURGICAL TECHNOLOGIST SHALL COMPLETE ALL PAST DUE CONTINUING EDUCATION REQUIREMENTS WITHIN NINETY DAYS UPON RESOLUTION OF THE MEDICAL CONDITION OR TERMINATION OF EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES. 7. A HEALTHCARE FACILITY MAY EMPLOY OR OTHERWISE CONTRACT WITH A PERSON WHO DOES NOT MEET THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION TO FUNCTION AS A SURGICAL TECHNOLOGIST IN A HEALTHCARE FACILITY IF: (A) AFTER A DILIGENT AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTHCARE FACILITY IS UNABLE TO EMPLOY OR CONTRACT WITH A SUFFICIENT NUMBER OF QUALIFIED SURGICAL TECHNOLOGISTS WHO MEET THE REQUIREMENTS OF THIS SECTION; (B) THE HEALTHCARE FACILITY MAKES A WRITTEN RECORD OF ITS EFFORTS UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND RETAINS THE RECORD AT THE HEALTHCARE FACILITY; AND (C) THE PERSON MEETS THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION WITHIN TWO YEARS OF THE START OF EMPLOYMENT OR CONTRACTING FOR THE PERFORMANCE OF SURGICAL TECHNOLOGY. 8. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTHCARE 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 THAT ANY INDIVIDUAL NOT LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS LIMITED TO THE SCOPE OF PRACTICE OF A HEALTHCARE PROFESSIONAL UNDER SUCH TITLE. 9. A HEALTHCARE FACILITY THAT EMPLOYS OR CONTRACTS WITH A SURGICAL TECHNOLOGIST SHALL, UPON REQUEST OF ANOTHER HEALTHCARE FACILITY, OR UPON REQUEST OF A SURGICAL TECHNOLOGIST EMPLOYED BY, FORMERLY EMPLOYED BY OR CONTRACTED WITH TO PERFORM SURGICAL TECHNOLOGY TASKS AT THE HEALTHCARE FACILITY, VERIFY THE DATES OF EMPLOYMENT OR CONTRACT OF SUCH PERSON. 10. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AS HE OR SHE MAY DEEM APPROPRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION. S 2. This act shall take effect on the first day of the eighteenth month after it shall have become a law.

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