senate Bill S6511A

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
  • Signed/Vetoed by Governor
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actions

  • 17 / Feb / 2012
    • REFERRED TO HEALTH
  • 24 / May / 2012
    • AMEND AND RECOMMIT TO HEALTH
  • 24 / May / 2012
    • PRINT NUMBER 6511A
  • 11 / Jun / 2012
    • REPORTED AND COMMITTED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1529
  • 21 / Jun / 2012
    • SUBSTITUTED BY A9303A

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:
A9303A
Versions:
S6511
S6511A
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Add §2824, Pub Health L

Votes

13
0
13
Aye
0
Nay
4
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S6511A

TITLE OF BILL:
An act to amend the public health law, in relation to surgical technolo-
gy 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 work-
ing in health care facilities.

SUMMARY OF PROVISIONS:
Section 2824(1) defines the terms health care facility, surgical tech-
nologist, surgical technology and health care professional.

Section 2824(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 2824(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 2824(3) requires surgical technologists to annually complete
fifteen hours of continuing education to remain qualified to practice
surgical technology.

Section 2824(4) 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 compli-
ance. It also requires the employer to demonstrate that the individual
has met the requirements of subdivision 2 of this section within twen-
ty-four months.

Section 2824(5) allows a health care professional to perform surgical
technology tasks if such tasks are within the scope of his or her indi-
vidual license. It 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 health care professional.

Section 2824(6) states that a health care facility who employs or
contracts with a surgical technologist shall verify the dates of employ-
ment or contract at the request of the employee.

Section 2824(7) requires enforcement by the New York State Department of
Health.

Section 2824(8) grants the Commissioner of New York State Department of
Health the authority to adopt, promulgate and enforce rules and regu-
lations.

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 profes-
sional 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 circu-
lating duties under the supervision of a circulating nurse who is pres-
ent 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 circulat-
ing duties in the operating room. In accordance with applicable State
laws and approved medical staff policies and procedures, LPNs and surgi-
cal 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 exist-
ing 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'
well-being 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 indi-
viduals falling within the exceptions of the bill. Hospitals that
contract for and hire surgical technologists to practice in their oper-
ating rooms must ensure that these professionals are competent and
adequately skilled to perform the job.

PRIOR LEGISLATIVE HISTORY:
2011 - Similar bill (S.4563A/A.6539B) Passed Senate and Assembly Unan-
imously. Vetoed (#75).

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

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

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

                                 6511--A

                            I N  S E N A T E

                            February 17, 2012
                               ___________

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)  "HEALTH CARE FACILITY" MEANS A HOSPITAL AS DEFINED BY SUBDIVISION
ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE SUBJECT  TO  THE
OVERSIGHT  AND  REGULATION  OF  THE DEPARTMENT OR AN AMBULATORY SURGICAL
CENTER ISSUED AN OPERATING CERTIFICATE PURSUANT TO THIS ARTICLE  SUBJECT
TO THE OVERSIGHT AND REGULATION OF THE DEPARTMENT.
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14349-04-2

S. 6511--A                          2

  (C) PREPARING AND CUTTING VISIBLE SUTURE MATERIAL;
  (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.   MINIMUM STANDARDS FOR CERTIFICATION OF SURGICAL TECHNOLOGISTS.  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  A  CERTIFIED
SURGICAL TECHNOLOGIST CREDENTIAL ADMINISTERED BY A SURGICAL TECHNOLOGIST
CREDENTIALING  ORGANIZATION  ACCREDITED  BY  THE NATIONAL COMMISSION FOR
CERTIFYING AGENCIES AND ACCEPTABLE TO THE COMMISSIONER;
  (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  A  CERTIFIED  SURGICAL  TECHNOLOGIST   CREDENTIAL
REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVISION.
  3.  A PERSON WHO QUALIFIES TO FUNCTION AS A SURGICAL TECHNOLOGIST IN A
HEALTH  CARE FACILITY MUST ANNUALLY COMPLETE FIFTEEN HOURS OF CONTINUING
EDUCATION 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 THIS SUBDIVISION.
  4.  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

S. 6511--A                          3

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  FOR
THE PERFORMANCE OF SURGICAL TECHNOLOGY.
  5. 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  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 HEALTH CARE PROFESSIONAL UNDER SUCH TITLE.
  6. A HEALTH CARE FACILITY WHICH EMPLOYS OR CONTRACTS WITH  A  SURGICAL
TECHNOLOGIST SHALL, UPON REQUEST OF A SURGICAL TECHNOLOGIST EMPLOYED BY,
FORMERLY  EMPLOYED  BY OR CONTRACTED WITH TO PERFORM SURGICAL TECHNOLOGY
TASKS AT THE HEALTH CARE FACILITY, VERIFY THE  DATES  OF  EMPLOYMENT  OR
CONTRACT OF SUCH PERSON.
  7.  ENFORCEMENT.   THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS
SECTION.
  8. RULEMAKING AUTHORITY. THE COMMISSIONER SHALL MAKE,  ADOPT,  PROMUL-
GATE AND ENFORCE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DEEM APPRO-
PRIATE 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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