senate Bill S4563A

Vetoed

Relates to the practice of surgical technology and surgical technologists

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 12 / Apr / 2011
    • REFERRED TO HEALTH
  • 08 / Jun / 2011
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 08 / Jun / 2011
    • PRINT NUMBER 4563A
  • 16 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1316
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO CODES
  • 17 / Jun / 2011
    • SUBSTITUTED FOR A6539B
  • 17 / Jun / 2011
    • ORDERED TO THIRD READING RULES CAL.402
  • 17 / Jun / 2011
    • PASSED ASSEMBLY
  • 17 / Jun / 2011
    • RETURNED TO SENATE
  • 12 / Sep / 2011
    • DELIVERED TO GOVERNOR
  • 23 / Sep / 2011
    • VETOED MEMO.75

Summary

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

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Bill Details

See Assembly Version of this Bill:
A6539B
Versions:
S4563
S4563A
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Add ยง2823, Pub Health L

Sponsor 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.

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

                                 4563--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             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.

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