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.
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
BILL NUMBER:A9303A
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 2823 to establish certain requirements for surgical technolo-
gists working in health care facilities.
SUMMARY OF PROVISIONS: Section 2823 (1) defines the terms health care
facility, surgical technologist, surgical technology and health care
professional.
Section 2823(2) 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 health care
facility cannot employ or contract with a surgical technologist unless
the person meets the listed requirement,
Section 21323(2)(e) provides an exception for individuals who are
employed as surgical technologists on or. in the two years prior to the
effective date of this Act,
Section 2823(3) requires surgical technologists to annually complete
fifteen hours of continuing education.to remain qualified to practice
surgical technology.
Section 2823(4) allows a health care 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 2 of this section within twen-
ty-four months.
Section 2823(5) allows a health care 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 health care professional.
Section 2823 (6) states that a health care facility who employs or
contracts-a surgical technologist shall verify the dates of employment
or contract at the request of the employee.
Section 2823 (7) requires enforcement by the department
Section 2823 (8) grants the commissioner the authority to adopt, promul-
gate and enforce rules and 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 regis-
tered professional nurse or physician who the hospital finds qualified
by training and experience for this. role. The regulation speaks specif-
ically 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
circulating duties under- the supervision of a circulating nurse who is
present 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 osteopa-
thy. (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 circulating duties in the operating room. In accordance with
applicable State laws and approved medical staff policies and proce-
dures, LPNs and surgical 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
the patient's well-being and safety, they are expected to possess a
certain level of competence and skill. Furthermore, surgical technolo-
gists must be cognizant of the surgeon's needs while performing an oper-
ation and this type of knowledge requires specific training and continu-
ing education.
While surgical technology is an established field with accredited
programs, health care facilities are not 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: 2010: A.6539-B - Vetoed
FISCAL IMPLICATIONS: None,
EFFECTIVE DATE: The act shall take effect on the first day of the eigh-
teenth month after it shall have become law.
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.
