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A07419 Summary:

BILL NO    A07419A

SAME AS    SAME AS S05185-A

SPONSOR    Cahill

COSPNSR    

MLTSPNSR   

Add S2824, Pub Health L

Relates to the practice of surgical technology and surgical technologists;
defines terms.
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A07419 Actions:

BILL NO    A07419A

05/16/2013 referred to health
06/03/2013 amend and recommit to health
06/03/2013 print number 7419a
06/10/2013 reported referred to codes
06/17/2013 reported referred to rules
06/18/2013 reported 
06/18/2013 rules report cal.459
06/18/2013 ordered to third reading rules cal.459
06/19/2013 substituted by s5185a
           S05185  AMEND=A  SAVINO
           05/14/2013 REFERRED TO HEALTH
           06/04/2013 AMEND AND RECOMMIT TO HEALTH
           06/04/2013 PRINT NUMBER 5185A
           06/10/2013 1ST REPORT CAL.1169
           06/11/2013 2ND REPORT CAL.
           06/12/2013 ADVANCED TO THIRD READING 
           06/13/2013 PASSED SENATE
           06/13/2013 DELIVERED TO ASSEMBLY
           06/13/2013 referred to codes
           06/19/2013 substituted for a7419a
           06/19/2013 ordered to third reading rules cal.459
           06/19/2013 passed assembly
           06/19/2013 returned to senate
           07/19/2013 DELIVERED TO GOVERNOR
           07/31/2013 SIGNED CHAP.292
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A07419 Votes:

There are no votes for this bill in this legislative session.
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A07419 Memo:

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.
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A07419 Text:



 
                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.
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