A09303 Summary:
BILL NO | A09303A |
  | |
SAME AS | SAME AS S06511-A |
  | |
SPONSOR | Cahill |
  | |
COSPNSR | Rivera P |
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MLTSPNSR | |
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Add S2824, Pub Health L | |
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Relates to the practice of surgical technology and surgical technologists; defines terms. |
A09303 Actions:
BILL NO | A09303A | |||||||||||||||||||||||||||||||||||||||||||||||||
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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 |
A09303 Floor Votes:
Yes
Abbate
Yes
Ceretto
Yes
Glick
Yes
Lentol
Yes
Murray
Yes
Ryan
Yes
Abinanti
Yes
Clark
Yes
Goldfeder
Yes
Lifton
Yes
Nolan
Yes
Saladino
Yes
Amedore
Yes
Colton
Yes
Goodell
Yes
Linares
Yes
Oaks
Yes
Sayward
Yes
Arroyo
ER
Conte
Yes
Gottfried
Yes
Lopez PD
Yes
O'Donnell
Yes
Scarborough
Yes
Aubry
Yes
Cook
Yes
Graf
Yes
Lopez VJ
Yes
Ortiz
Yes
Schimel
Yes
Barclay
Yes
Corwin
Yes
Gunther
Yes
Losquadro
Yes
Palmesano
Yes
Schimminger
Yes
Barrett
Yes
Crespo
Yes
Hanna
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Barron
Yes
Crouch
Yes
Hawley
Yes
Magee
Yes
Peoples Stokes
Yes
Simotas
Yes
Benedetto
Yes
Curran
Yes
Heastie
Yes
Magnarelli
Yes
Perry
Yes
Skartados
Yes
Blankenbush
Yes
Cusick
Yes
Hevesi
Yes
Maisel
Yes
Pretlow
Yes
Smardz
Yes
Boyland
Yes
Cymbrowitz
Yes
Hikind
Yes
Malliotakis
Yes
Quart
Yes
Stevenson
Yes
Boyle
Yes
DenDekker
Yes
Hooper
Yes
Markey
Yes
Ra
Yes
Sweeney
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobs
Yes
Mayer
Yes
Rabbitt
Yes
Tedisco
Yes
Brennan
Yes
Duprey
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Tenney
Yes
Brindisi
Yes
Englebright
ER
Jeffries
Yes
McEneny
Yes
Ramos
Yes
Thiele
Yes
Bronson
Yes
Espinal
Yes
Johns
Yes
McKevitt
Yes
Reilich
ER
Titone
Yes
Brook Krasny
Yes
Farrell
Yes
Jordan
Yes
McLaughlin
Yes
Reilly
ER
Titus
ER
Burling
Yes
Finch
Yes
Katz
ER
Meng
Yes
Rivera J
Yes
Tobacco
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Miller D
Yes
Rivera N
Yes
Walter
Yes
Cahill
Yes
Friend
Yes
Kearns
Yes
Miller JM
Yes
Rivera PM
Yes
Weinstein
Yes
Calhoun
Yes
Gabryszak
ER
Kellner
Yes
Miller MG
Yes
Roberts
Yes
Weisenberg
Yes
Camara
Yes
Galef
Yes
Kolb
Yes
Millman
Yes
Robinson
Yes
Weprin
Yes
Canestrari
Yes
Gantt
ER
Lancman
Yes
Montesano
Yes
Rodriguez
Yes
Wright
Yes
Castelli
Yes
Gibson
Yes
Latimer
Yes
Morelle
Yes
Rosenthal
Yes
Zebrowski
Yes
Castro
Yes
Giglio
Yes
Lavine
Yes
Moya
Yes
Russell
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A09303 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 9303--A 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. LBD14349-03-2A. 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 numberA. 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.