senate Bill S6511A

Vetoed By Governor
2011-2012 Legislative Session

Relates to the practice of surgical technology and surgical technologists

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Archive: Last Bill Status Via A9303 - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 05, 2012 tabled
Oct 03, 2012 vetoed memo.158
Sep 21, 2012 delivered to governor
Jun 21, 2012 returned to assembly
passed senate
3rd reading cal.1529
substituted for s6511a
Jun 21, 2012 substituted by a9303a
ordered to third reading cal.1529
Jun 11, 2012 reported and committed to rules
May 24, 2012 print number 6511a
amend and recommit to health
Feb 17, 2012 referred to health

Votes

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Jun 21, 2012 - Rules committee Vote

S6511A
21
0
committee
21
Aye
0
Nay
3
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 11, 2012 - Health committee Vote

S6511A
13
0
committee
13
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Health committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S6511 - Bill Details

See Assembly Version of this Bill:
A9303A
Law Section:
Public Health Law
Laws Affected:
Add §2824, Pub Health L

S6511 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6511 REVISED 05/14/12

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

Section 2823(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
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(5) allows a health care 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 health care
professional.

Section 2823(6) states that a health care facility who employs or
contracts with a surgical technologist shall verify the dates of
employment or contract at the request of the employee.

Section 2823(7) requires enforcement by the New York State Department
of Health.

Section 2823(8) grants the Commissioner of New York State Department
of Health the authority to adopt, promulgate and enforce rules and
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' 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
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:
2011 - Similar bill (S.4563-A/A.6539-B)
passed Senate and Assembly unanimously. 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.

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

                                  6511

                            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

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.  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;
  (C) PREPARING AND CUTTING SUTURE MATERIAL;
  (D) TRANSFERRING AND IRRIGATING WITH FLUIDS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14349-02-2

S. 6511                             2

  (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
OF QUALIFIED SURGICAL TECHNOLOGISTS WHO MEET THE  REQUIREMENTS  OF  THIS
SECTION AND THE HEALTH CARE FACILITY;

S. 6511                             3

  (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.
  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 WHO EMPLOYS OR CONTRACTS A SURGICAL TECHNOL-
OGIST  SHALL,  UPON  REQUEST  OF  A  SURGICAL  TECHNOLOGIST EMPLOYED BY,
FORMERLY EMPLOYED BY OR CONTRACTED 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.

S6511A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9303A
Law Section:
Public Health Law
Laws Affected:
Add §2824, Pub Health L

S6511A (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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