senate Bill S5185A

Signed by Governor

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 by Governor
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actions

  • 14 / May / 2013
    • REFERRED TO HEALTH
  • 04 / Jun / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 04 / Jun / 2013
    • PRINT NUMBER 5185A
  • 10 / Jun / 2013
    • 1ST REPORT CAL.1169
  • 11 / Jun / 2013
    • 2ND REPORT CAL.
  • 12 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO CODES
  • 19 / Jun / 2013
    • SUBSTITUTED FOR A7419A
  • 19 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.459
  • 19 / Jun / 2013
    • PASSED ASSEMBLY
  • 19 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.292

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:
A7419A
Versions:
S5185
S5185A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Add §2824, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S6511A, A9303A

Sponsor 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.

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

                                 5185--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10941-03-3

S. 5185--A                          2

  (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-

S. 5185--A                          3

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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