A09303 Summary:

BILL NO    A09303A

SAME AS    SAME AS S06511-A

SPONSOR    Cahill

COSPNSR    Rivera P

MLTSPNSR   

Add S2824, Pub Health L

Relates to the practice of surgical technology and surgical technologists;
defines terms.
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A09303 Actions:

BILL NO    A09303A

02/15/2012 referred to health
05/01/2012 reported referred to codes
05/23/2012 amend and recommit to codes
05/23/2012 print number 9303a
06/05/2012 reported referred to rules
06/11/2012 reported 
06/11/2012 rules report cal.112
06/11/2012 ordered to third reading rules cal.112
06/13/2012 passed assembly
06/13/2012 delivered to senate
06/13/2012 REFERRED TO RULES
06/21/2012 SUBSTITUTED FOR S6511A
06/21/2012 3RD READING CAL.1529
06/21/2012 PASSED SENATE
06/21/2012 RETURNED TO ASSEMBLY
09/21/2012 delivered to governor
10/03/2012 vetoed memo.158
10/05/2012 tabled
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A09303 Text:

                           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:

    1    Section 1. The public health law is amended by adding  a  new  section
    2  2824 to read as follows:
    3    S  2824.    SURGICAL  TECHNOLOGY  AND SURGICAL TECHNOLOGISTS. 1. DEFI-
    4  NITIONS.  AS USED IN THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
    5  FOLLOWING MEANINGS:
    6    (A)  "HEALTH CARE FACILITY" MEANS A HOSPITAL AS DEFINED BY SUBDIVISION
    7  ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE SUBJECT  TO  THE
    8  OVERSIGHT  AND  REGULATION  OF  THE DEPARTMENT OR AN AMBULATORY SURGICAL
    9  CENTER ISSUED AN OPERATING CERTIFICATE PURSUANT TO THIS ARTICLE  SUBJECT
   10  TO THE OVERSIGHT AND REGULATION OF THE DEPARTMENT.
   11    (B) "SURGICAL TECHNOLOGIST" MEANS A PERSON WHO PERFORMS SURGICAL TECH-
   12  NOLOGY  OTHER  THAN IN THE COURSE OF PRACTICING AS A HEALTH CARE PROFES-
   13  SIONAL.
   14    (C) "SURGICAL TECHNOLOGY" MEANS SURGICAL PATIENT CARE  THAT  INCLUDES,
   15  BUT IS NOT LIMITED TO, THE FOLLOWING TASKS OR FUNCTIONS:
   16    (I)  PREPARING  THE OPERATING ROOM FOR SURGICAL PROCEDURES BY ENSURING
   17  THAT SURGICAL EQUIPMENT IS FUNCTIONING PROPERLY AND SAFELY;
   18    (II) PREPARING THE OPERATING ROOM AND THE STERILE FIELD  FOR  SURGICAL
   19  PROCEDURES  BY  PREPARING  STERILE  SUPPLIES, INSTRUMENTS, AND EQUIPMENT
   20  USING STERILE TECHNIQUE;
   21    (III) ANTICIPATING THE NEEDS OF THE SURGICAL TEAM BASED  ON  KNOWLEDGE
   22  OF HUMAN ANATOMY AND PATHOPHYSIOLOGY AND HOW THEY RELATE TO THE SURGICAL
   23  PATIENT AND THE PATIENT'S SURGICAL PROCEDURE; AND
   24    (IV) AS DIRECTED, PERFORMING TASKS AT THE STERILE FIELD INCLUDING:
   25    (A) IDENTIFYING AND CORRECTING BREACHES IN ASEPSIS;
   26    (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

    1    (C) PREPARING AND CUTTING VISIBLE SUTURE MATERIAL;
    2    (D) TRANSFERRING AND IRRIGATING WITH FLUIDS;
    3    (E)  TRANSFERRING,  BUT  NOT  ADMINISTERING,  DRUGS WITHIN THE STERILE
    4  FIELD;
    5    (F) HANDLING SPECIMENS;
    6    (G) HOLDING RETRACTORS AND OTHER INSTRUMENTS THAT  ARE  PLACED  ON  OR
    7  WITHIN  THE  PATIENT'S  BODY  BY  A SURGEON OR OTHER HEALTH CARE PROFES-
    8  SIONAL;
    9    (H) CONNECTING DRAINS TO SUCTION APPARATUS; AND
   10    (I) PERFORMING SPONGE, NEEDLE, SUPPLY, AND INSTRUMENT COUNTS WITH  THE
   11  REGISTERED NURSE.
   12    (D)  "HEALTH  CARE  PROFESSIONAL" MEANS A PERSON LICENSED, REGISTERED,
   13  CERTIFIED OR AUTHORIZED TO PRACTICE A HEALTH CARE PROFESSION UNDER TITLE
   14  EIGHT OF THE EDUCATION LAW, ACTING WITHIN THE SCOPE OF HIS OR HER  PRAC-
   15  TICE.
   16    2.   MINIMUM STANDARDS FOR CERTIFICATION OF SURGICAL TECHNOLOGISTS.  A
   17  PERSON MAY NOT FUNCTION AS A SURGICAL  TECHNOLOGIST  IN  A  HEALTH  CARE
   18  FACILITY,  AND  A  HEALTH  CARE  FACILITY  SHALL NOT EMPLOY OR OTHERWISE
   19  CONTRACT FOR THE SERVICES OF A SURGICAL TECHNOLOGIST, UNLESS THE  PERSON
   20  MEETS ONE OF THE FOLLOWING:
   21    (A)  HAS  SUCCESSFULLY  COMPLETED  A NATIONALLY ACCREDITED EDUCATIONAL
   22  PROGRAM FOR SURGICAL TECHNOLOGISTS AND HOLDS AND MAINTAINS  A  CERTIFIED
   23  SURGICAL TECHNOLOGIST CREDENTIAL ADMINISTERED BY A SURGICAL TECHNOLOGIST
   24  CREDENTIALING  ORGANIZATION  ACCREDITED  BY  THE NATIONAL COMMISSION FOR
   25  CERTIFYING AGENCIES AND ACCEPTABLE TO THE COMMISSIONER;
   26    (B) HAS COMPLETED AN APPROPRIATE TRAINING PROGRAM FOR  SURGICAL  TECH-
   27  NOLOGY  IN  THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINE CORPS, COAST
   28  GUARD OR PUBLIC HEALTH SERVICE COMMISSIONED CORPS;
   29    (C) PROVIDES EVIDENCE THAT THE PERSON WAS EMPLOYED AS A SURGICAL TECH-
   30  NOLOGIST IN A HEALTH CARE FACILITY ON OR IN THE  TWO  YEARS  IMMEDIATELY
   31  PRIOR  TO  THE  EFFECTIVE  DATE  OF THIS SECTION. IN FURTHERANCE OF THIS
   32  CLAUSE, ANY EMPLOYER OF PERSONS PERFORMING SURGICAL  TECHNOLOGY  ON  THE
   33  EFFECTIVE DATE OF THIS SECTION SHALL CONFIRM IN WRITING TO SUCH EMPLOYEE
   34  HIS  OR HER EMPLOYMENT IN A CAPACITY PERFORMING SURGICAL TECHNOLOGY IN A
   35  HEALTH CARE FACILITY AS OF THE EFFECTIVE DATE OF THIS SECTION; OR
   36    (D) IS IN THE SERVICE OF THE FEDERAL GOVERNMENT,  TO  THE  EXTENT  THE
   37  PERSON IS PERFORMING DUTIES RELATED TO THAT SERVICE.
   38    A PERSON MAY BE EMPLOYED OR CONTRACTED TO PRACTICE SURGICAL TECHNOLOGY
   39  DURING   THE   TWELVE  MONTH  PERIOD  IMMEDIATELY  FOLLOWING  SUCCESSFUL
   40  COMPLETION OF A SURGICAL TECHNOLOGY PROGRAM UNDER PARAGRAPH (A) OF  THIS
   41  SUBDIVISION,  BUT  MAY  NOT  CONTINUE  TO BE EMPLOYED OR CONTRACTED WITH
   42  BEYOND THAT PERIOD WITHOUT DOCUMENTATION THAT THE EMPLOYEE OR CONTRACTOR
   43  HOLDS  AND  MAINTAINS  A  CERTIFIED  SURGICAL  TECHNOLOGIST   CREDENTIAL
   44  REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   45    3.  A PERSON WHO QUALIFIES TO FUNCTION AS A SURGICAL TECHNOLOGIST IN A
   46  HEALTH  CARE FACILITY MUST ANNUALLY COMPLETE FIFTEEN HOURS OF CONTINUING
   47  EDUCATION TO REMAIN QUALIFIED TO PRACTICE AS A SURGICAL TECHNOLOGIST.  A
   48  HEALTH CARE FACILITY THAT EMPLOYS OR CONTRACTS WITH A PERSON TO PRACTICE
   49  SURGICAL TECHNOLOGY SHALL VERIFY THAT THE PERSON  MEETS  THE  CONTINUING
   50  EDUCATION REQUIREMENTS OF THIS SUBDIVISION.
   51    4.  A  HEALTH  CARE  FACILITY  MAY EMPLOY OR OTHERWISE CONTRACT WITH A
   52  PERSON WHO DOES NOT MEET THE REQUIREMENTS OF  SUBDIVISION  TWO  OF  THIS
   53  SECTION TO FUNCTION AS A SURGICAL TECHNOLOGIST IN A HEALTH CARE FACILITY
   54  IF:
   55    (A)  AFTER  A  DILIGENT  AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTH
   56  CARE FACILITY IS UNABLE TO EMPLOY OR CONTRACT WITH A  SUFFICIENT  NUMBER
       A. 9303--A                          3

    1  OF  QUALIFIED  SURGICAL  TECHNOLOGISTS WHO MEET THE REQUIREMENTS OF THIS
    2  SECTION AND THE HEALTH CARE FACILITY;
    3    (B)  THE  HEALTH  CARE  FACILITY MAKES A WRITTEN RECORD OF ITS EFFORTS
    4  UNDER PARAGRAPH (A) OF THIS SUBDIVISION AND RETAINS THE  RECORD  AT  THE
    5  HEALTH FACILITY; AND
    6    (C)  THE  PERSON  MEETS  THE  REQUIREMENTS  OF SUBDIVISION TWO OF THIS
    7  SECTION WITHIN TWO YEARS OF THE START OF EMPLOYMENT OR  CONTRACTING  FOR
    8  THE PERFORMANCE OF SURGICAL TECHNOLOGY.
    9    5. NOTHING IN THIS SECTION SHALL PROHIBIT ANY HEALTH CARE PROFESSIONAL
   10  FROM  PERFORMING SURGICAL TECHNOLOGY TASKS OR FUNCTIONS IF THE PERSON IS
   11  ACTING WITHIN THE SCOPE OF HIS OR HER PRACTICE. NOTHING IN THIS  SECTION
   12  SHALL  MEAN  THAT ANY INDIVIDUAL NOT LICENSED PURSUANT TO TITLE EIGHT OF
   13  THE EDUCATION LAW MAY PERFORM TASKS OR FUNCTIONS LIMITED TO THE SCOPE OF
   14  PRACTICE OF A HEALTH CARE PROFESSIONAL UNDER SUCH TITLE.
   15    6. A HEALTH CARE FACILITY WHICH EMPLOYS OR CONTRACTS WITH  A  SURGICAL
   16  TECHNOLOGIST SHALL, UPON REQUEST OF A SURGICAL TECHNOLOGIST EMPLOYED BY,
   17  FORMERLY  EMPLOYED  BY OR CONTRACTED WITH TO PERFORM SURGICAL TECHNOLOGY
   18  TASKS AT THE HEALTH CARE FACILITY, VERIFY THE  DATES  OF  EMPLOYMENT  OR
   19  CONTRACT OF SUCH PERSON.
   20    7.  ENFORCEMENT.   THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS
   21  SECTION.
   22    8. RULEMAKING AUTHORITY. THE COMMISSIONER SHALL MAKE,  ADOPT,  PROMUL-
   23  GATE AND ENFORCE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DEEM APPRO-
   24  PRIATE TO EFFECTUATE THE PURPOSES OF THIS SECTION.
   25    S  2.    This act shall take effect on the first day of the eighteenth
   26  month after it shall have become a law.
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