STATE OF NEW YORK
________________________________________________________________________
5185--A
2013-2014 Regular Sessions
IN SENATE
May 14, 2013
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed 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;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10941-03-3
S. 5185--A 2
1 (iii) assisting healthcare professionals to perform non-invasive prep-
2 ping of the skin's surface and draping patients for surgery;
3 (iv) assisting the surgeon's provision of hemostasis during surgery by
4 handing instruments;
5 (v) holding a retractor after placement by a healthcare professional;
6 (vi) anticipating instrument needs of a surgeon; and
7 (vii) other tasks incidental to surgery that do not fall within the
8 scope of practice of a licensed profession, as directed by the surgeon.
9 Services that fall within the practice of licensed professions include,
10 but are not limited to:
11 (A) retracting tissue to expose the operating field during a surgical
12 procedure;
13 (B) administering any medication by any route, including local and
14 topical medications;
15 (C) placing hemostatic instruments or devices or applying cautery or
16 tying off bleeders;
17 (D) applying sutures or assisting with or performing wound closure;
18 (E) assisting the surgeon in identifying structures that should not be
19 ligated; and
20 (F) applying wound dressings.
21 (d) "Healthcare professional" means a person licensed or certified to
22 practice a healthcare profession under title eight of the education law,
23 acting within the scope of his or her practice.
24 2. A surgical technologist shall not perform surgical technology
25 except under the direction and supervision of an appropriately licensed
26 healthcare professional participating in the surgery and acting within
27 the scope of his or her practice to direct and supervise the surgical
28 technologist.
29 3. Minimum standards for certification of surgical technologists. A
30 person may not function as a surgical technologist in a healthcare
31 facility, and a healthcare facility shall not employ or otherwise
32 contract for the services of a surgical technologist, unless the person
33 meets one of the following:
34 (a) has successfully completed a nationally accredited educational
35 program for surgical technologists and holds and maintains a certified
36 surgical technologist credential administered by a nationally accredited
37 surgical technologist credentialing organization;
38 (b) has completed an appropriate training program for surgical tech-
39 nology in the United States Army, Navy, Air Force, Marine Corps, Coast
40 Guard or Public Health Service Commissioned Corps;
41 (c) provides evidence that the person was employed as a surgical tech-
42 nologist in a healthcare facility for a cumulative period of one year,
43 occurring within the four years immediately prior to the effective date
44 of this section. In furtherance of this paragraph, any employer of
45 persons performing surgical technology on the effective date of this
46 section shall confirm in writing to each employee his or her employment
47 in a capacity performing surgical technology in a healthcare facility as
48 of the effective date of this section; or
49 (d) is in the service of the federal government, to the extent the
50 person is performing duties related to that service.
51 4. A person may be employed or contracted to practice surgical tech-
52 nology during the twelve month period immediately following successful
53 completion of a surgical technology program under paragraph (a) of
54 subdivision three of this section, but may not continue to be employed
55 or contracted with beyond that period without documentation that the
56 employee or contractor holds and maintains a certified surgical technol-
S. 5185--A 3
1 ogist credential required in paragraph (a) of subdivision three of this
2 section.
3 5. A person who qualifies to function as a surgical technologist in a
4 healthcare facility must annually complete fifteen hours of continuing
5 education to remain qualified to practice as a surgical technologist. A
6 healthcare facility that employs or contracts with a person to practice
7 surgical technology shall verify that the person meets the continuing
8 education requirements of this subdivision.
9 6. (a) A surgical technologist shall document in writing good cause
10 that prevents compliance with the continuing education requirement as
11 prescribed in subdivision five of this section, which shall include any
12 of the following reasons: a medical condition which requires an extended
13 leave of absence and is documented by an appropriate healthcare profes-
14 sional, or extended active duty with the armed forces of the United
15 States. If one of these conditions is met, an extension to meeting the
16 continuing education requirement, as prescribed in subdivision five of
17 this section may be granted by:
18 (i) the accrediting agency of a surgical technologist qualifying under
19 paragraph (a) of subdivision three of this section; or
20 (ii) a healthcare facility for a surgical technologist under paragraph
21 (c) of subdivision three of this section.
22 (b) If an extension is granted, a surgical technologist shall complete
23 all past due continuing education requirements within ninety days upon
24 resolution of the medical condition or termination of extended active
25 duty with the armed forces of the United States.
26 7. A healthcare facility may employ or otherwise contract with a
27 person who does not meet the requirements of subdivision three of this
28 section to function as a surgical technologist in a healthcare facility
29 if:
30 (a) after a diligent and thorough effort has been made, the healthcare
31 facility is unable to employ or contract with a sufficient number of
32 qualified surgical technologists who meet the requirements of this
33 section;
34 (b) the healthcare facility makes a written record of its efforts
35 under paragraph (a) of this subdivision and retains the record at the
36 healthcare facility; and
37 (c) the person meets the requirements of subdivision three of this
38 section within two years of the start of employment or contracting for
39 the performance of surgical technology.
40 8. Nothing in this section shall prohibit any healthcare professional
41 from performing surgical technology tasks or functions if the person is
42 acting within the scope of his or her practice. Nothing in this section
43 shall mean that any individual not licensed pursuant to title eight of
44 the education law may perform tasks or functions limited to the scope of
45 practice of a healthcare professional under such title.
46 9. A healthcare facility that employs or contracts with a surgical
47 technologist shall, upon request of another healthcare facility, or upon
48 request of a surgical technologist employed by, formerly employed by or
49 contracted with to perform surgical technology tasks at the healthcare
50 facility, verify the dates of employment or contract of such person.
51 10. The commissioner shall promulgate regulations as he or she may
52 deem appropriate to effectuate the purposes of this section.
53 § 2. This act shall take effect on the first day of the eighteenth
54 month after it shall have become a law.
