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