Assembly Bill A9303A

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

                                 9303--A

                          I N  A S S E M B L Y

                            February 15, 2012
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on  Health  --  reported  and  referred  to  the Committee on Codes --
  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.
              

                                                           LBD14349-03-2

A. 9303--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

A. 9303--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.