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S05185 Summary:

Add S2824, Pub Health L
Relates to the practice of surgical technology and surgical technologists; defines terms.
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S05185 Actions:

06/04/2013PRINT NUMBER 5185A
06/10/20131ST REPORT CAL.1169
06/11/20132ND REPORT CAL.
06/13/2013referred to codes
06/19/2013substituted for a7419a
06/19/2013ordered to third reading rules cal.459
06/19/2013passed assembly
06/19/2013returned to senate
07/31/2013SIGNED CHAP.292
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S05185 Memo:

Memo not available
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S05185 Text:

                STATE OF NEW YORK
                               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.

        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.
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