A09303 Summary:

Add S2824, Pub Health L
Relates to the practice of surgical technology and surgical technologists; defines terms.
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A09303 Actions:

02/15/2012referred to health
05/01/2012reported referred to codes
05/23/2012amend and recommit to codes
05/23/2012print number 9303a
06/05/2012reported referred to rules
06/11/2012rules report cal.112
06/11/2012ordered to third reading rules cal.112
06/13/2012passed assembly
06/13/2012delivered to senate
06/21/2012SUBSTITUTED FOR S6511A
06/21/20123RD READING CAL.1529
09/21/2012delivered to governor
10/03/2012vetoed memo.158
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A09303 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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 equip- ment is functioning properly and safely, and assisting surgeons during surgical procedures. Because surgical technologists are directly respon- sible for the patient's well-being and safety, they are expected to possess a certain level of competence and skill. Furthermore, surgical technologists must be cognizant of the surgeon's 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 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 eighteenth month after it shall have become law.
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A09303 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    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    §  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.

        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    §  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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