NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7419A
SPONSOR: Cahill 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 work-
ing in healthcare facilities.
SUMMARY OF PROVISIONS:
Section 2824(1) defines the terms healthcare facility, surgical technol-
ogist, 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 health-
care 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(G) requires surgical technologists to document in writing
good cause that prevents compliance with continuing education require-
ment 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 compli-
ance. It also requires the employer to demonstrate that the individual
has met the requirements of subdivision 3 of this section within twen-
ty-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 indi-
vidual 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 facili-
ty.
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 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 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 cogni-
zant 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 riot 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:
unanimously. Vetoed (#158).
2011 - Similar bill (S.4563-A/A.6539-B) passed Senate and Assembly unan-
imously. 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.
STATE OF NEW YORK
________________________________________________________________________
7419--A
2013-2014 Regular Sessions
IN ASSEMBLY
May 16, 2013
___________
Introduced by M. of A. CAHILL -- read once and referred 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:
1 Section 1. The public health law is amended by adding a new section
2 2824 to read as follows:
3 § 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) "Healthcare facility" means a general hospital as defined by
7 subdivision ten of section twenty-eight hundred one of this article or a
8 hospital as defined by subdivision one of section twenty-eight hundred
9 one of this article operating as a diagnostic and treatment center
10 authorized to provide ambulatory surgical services.
11 (b) "Surgical technologist" means a person who performs surgical tech-
12 nology other than in the course of practicing as a healthcare profes-
13 sional.
14 (c) "Surgical technology" means the following surgery related tasks
15 and functions:
16 (i) assisting healthcare professionals to prepare the operating room
17 and sterile field for surgical procedures, including assisting health-
18 care professionals to set up sterile supplies, instruments and equipment
19 using sterile technique and ensuring that surgical equipment function
20 properly and safely;
21 (ii) assisting healthcare professionals to move and position patients
22 for surgery;
23 (iii) assisting healthcare professionals to perform non-invasive prep-
24 ping of the skin's surface and draping patients for surgery;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10941-02-3
A. 7419--A 2
1 (iv) assisting the surgeon's provision of hemostasis during surgery by
2 handing instruments;
3 (v) holding a retractor after placement by a healthcare professional;
4 (vi) anticipating instrument needs of a surgeon; and
5 (vii) other tasks incidental to surgery that do not fall within the
6 scope of practice of a licensed profession, as directed by the surgeon.
7 Services that fall within the practice of licensed professions include,
8 but are not limited to:
9 (A) retracting tissue to expose the operating field during a surgical
10 procedure;
11 (B) administering any medication by any route, including local and
12 topical medications;
13 (C) placing hemostatic instruments or devices or applying cautery or
14 tying off bleeders;
15 (D) applying sutures or assisting with or performing wound closure;
16 (E) assisting the surgeon in identifying structures that should not be
17 ligated; and
18 (F) applying wound dressings.
19 (d) "Healthcare professional" means a person licensed or certified to
20 practice a healthcare profession under title eight of the education law,
21 acting within the scope of his or her practice.
22 2. A surgical technologist shall not perform surgical technology
23 except under the direction and supervision of an appropriately licensed
24 healthcare professional participating in the surgery and acting within
25 the scope of his or her practice to direct and supervise the surgical
26 technologist.
27 3. Minimum standards for certification of surgical technologists. A
28 person may not function as a surgical technologist in a healthcare
29 facility, and a healthcare facility shall not employ or otherwise
30 contract for the services of a surgical technologist, unless the person
31 meets one of the following:
32 (a) has successfully completed a nationally accredited educational
33 program for surgical technologists and holds and maintains a certified
34 surgical technologist credential administered by a nationally accredited
35 surgical technologist credentialing organization;
36 (b) has completed an appropriate training program for surgical tech-
37 nology in the United States Army, Navy, Air Force, Marine Corps, Coast
38 Guard or Public Health Service Commissioned Corps;
39 (c) provides evidence that the person was employed as a surgical tech-
40 nologist in a healthcare facility for a cumulative period of one year,
41 occurring within the four years immediately prior to the effective date
42 of this section. In furtherance of this paragraph, any employer of
43 persons performing surgical technology on the effective date of this
44 section shall confirm in writing to each employee his or her employment
45 in a capacity performing surgical technology in a healthcare facility as
46 of the effective date of this section; or
47 (d) is in the service of the federal government, to the extent the
48 person is performing duties related to that service.
49 4. A person may be employed or contracted to practice surgical tech-
50 nology during the twelve month period immediately following successful
51 completion of a surgical technology program under paragraph (a) of
52 subdivision three of this section, but may not continue to be employed
53 or contracted with beyond that period without documentation that the
54 employee or contractor holds and maintains a certified surgical technol-
55 ogist credential required in paragraph (a) of subdivision three of this
56 section.
A. 7419--A 3
1 5. A person who qualifies to function as a surgical technologist in a
2 healthcare facility must annually complete fifteen hours of continuing
3 education to remain qualified to practice as a surgical technologist. A
4 healthcare facility that employs or contracts with a person to practice
5 surgical technology shall verify that the person meets the continuing
6 education requirements of this subdivision.
7 6. (a) A surgical technologist shall document in writing good cause
8 that prevents compliance with the continuing education requirement as
9 prescribed in subdivision five of this section, which shall include any
10 of the following reasons: a medical condition which requires an extended
11 leave of absence and is documented by an appropriate healthcare profes-
12 sional, or extended active duty with the armed forces of the United
13 States. If one of these conditions is met, an extension to meeting the
14 continuing education requirement, as prescribed in subdivision five of
15 this section may be granted by:
16 (i) the accrediting agency of a surgical technologist qualifying under
17 paragraph (a) of subdivision three of this section; or
18 (ii) a healthcare facility for a surgical technologist under paragraph
19 (c) of subdivision three of this section.
20 (b) If an extension is granted, a surgical technologist shall complete
21 all past due continuing education requirements within ninety days upon
22 resolution of the medical condition or termination of extended active
23 duty with the armed forces of the United States.
24 7. A healthcare facility may employ or otherwise contract with a
25 person who does not meet the requirements of subdivision three of this
26 section to function as a surgical technologist in a healthcare facility
27 if:
28 (a) after a diligent and thorough effort has been made, the healthcare
29 facility is unable to employ or contract with a sufficient number of
30 qualified surgical technologists who meet the requirements of this
31 section;
32 (b) the healthcare facility makes a written record of its efforts
33 under paragraph (a) of this subdivision and retains the record at the
34 healthcare facility; and
35 (c) the person meets the requirements of subdivision three of this
36 section within two years of the start of employment or contracting for
37 the performance of surgical technology.
38 8. Nothing in this section shall prohibit any healthcare professional
39 from performing surgical technology tasks or functions if the person is
40 acting within the scope of his or her practice. Nothing in this section
41 shall mean that any individual not licensed pursuant to title eight of
42 the education law may perform tasks or functions limited to the scope of
43 practice of a healthcare professional under such title.
44 9. A healthcare facility that employs or contracts with a surgical
45 technologist shall, upon request of another healthcare facility, or upon
46 request of a surgical technologist employed by, formerly employed by or
47 contracted with to perform surgical technology tasks at the healthcare
48 facility, verify the dates of employment or contract of such person.
49 10. The commissioner shall promulgate regulations as he or she may
50 deem appropriate to effectuate the purposes of this section.
51 § 2. This act shall take effect on the first day of the eighteenth
52 month after it shall have become a law.
