HB 0427CS

CHAMBER ACTION




1The Health Care Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to surgical first assistance; creating s.
7458.3465, F.S.; providing definitions; providing
8requirements for the performance of supervising
9physicians; providing the duties and scope and location of
10practice for certified surgical first assistants;
11providing contracting and employment guidelines for
12physicians, hospitals, clinics, or ambulatory surgical
13centers employing certified surgical first assistants;
14providing licensure criteria for certified surgical first
15assistants; providing for application fees and licensure
16renewal fees; providing for licensure renewal; providing
17continuing education requirements; authorizing the Board
18of Medicine to impose penalties; providing scope of a
19certified surgical first assistant's license; providing
20for inactive and delinquent status; providing that an
21unlicensed person who holds himself or herself out as, or
22indicates or implies that he or she is, licensed commits a
23third degree felony and is subject to applicable
24penalties; providing for denial, suspension, or revocation
25of licensure; authorizing the board to adopt rules;
26providing that supervising physicians may be liable for
27certain acts or omissions of certified surgical first
28assistants; providing guidelines for the use of fees
29collected by the board; amending s. 627.419, F.S.;
30providing for payments to a physician assistant under
31contracts providing for payment for surgical first
32assisting benefits or services; including certified
33surgical first assistants, as defined, within certain
34benefits or services payment provisions; limiting
35application; providing an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Section 458.3465, Florida Statutes, is created
40to read:
41     458.3465  Certified surgical first assistants.--
42     (1)  DEFINITIONS.--As used in this section:
43     (a)  "Board" means the Board of Medicine.
44     (b)  "Certified surgical first assistant" means a person
45who provides primary surgical assistance to the primary surgeon
46during a surgical procedure, is listed on the operative record
47as the first assistant, and meets the qualifications for
48licensure under this section.
49     (c)  "Continuing medical education" means courses
50recognized and approved by the board, the Liaison Council on
51Certification for the Surgical Technologist, the National
52Surgical Assistant Association, the American Board of Surgical
53Assistants, the American Medical Association, the American
54Osteopathic Association, or the Accreditation Council on
55Continuing Medical Education.
56     (d)  "Department" means the Department of Health.
57     (e)  "Direct supervision" means supervision by a delegating
58physician who is physically present and who personally directs
59delegated acts and remains immediately available to personally
60respond to any emergency until the patient is released from the
61operating room or the physician's care and has been transferred
62to the care and responsibility of another physician.
63     (f)  "Surgical assisting" means providing aid under direct
64supervision in exposure, hemostasis, closures, and other
65intraoperative technical functions that assist a physician in
66performing a safe operation with optimal results for the
67patient.
68     (2)  PERFORMANCE OF SUPERVISING PHYSICIAN.--Each physician
69or group of physicians supervising a certified surgical first
70assistant shall be qualified in the medical areas in which the
71certified surgical first assistant is to perform and may be
72individually or collectively responsible and liable for the
73performance and the acts and omissions of the certified surgical
74first assistant.
75     (3)  PERFORMANCE OF CERTIFIED SURGICAL FIRST ASSISTANTS.--
76     (a)  A certified surgical first assistant may perform
77duties limited to the scope of certification in surgical
78assisting functions while under the direct supervision of a
79physician.
80     (b)  The scope of practice of a certified surgical first
81assistant is limited to surgical assisting and tasks delegated
82by the supervising physician.
83     (c)  A certified surgical first assistant may only perform
84his or her duties in a medical clinic, hospital, ambulatory
85surgical center, or similar medical institution.
86     (d)  Nothing in this section shall be construed as
87requiring licensure as a certified surgical first assistant in
88order to provide surgical assisting services.
89     (4)  EMPLOYMENT OF CERTIFIED SURGICAL FIRST ASSISTANTS.--
90     (a)  A physician or hospital is not required to contract
91with a certified surgical first assistant.
92     (b)  A health maintenance organization, preferred provider
93organization, or health benefit plan shall not require a
94physician, hospital, clinic, or ambulatory surgery center to
95contract with a certified surgical first assistant as a
96condition of payment to a certified surgical first assistant.
97     (c)  The employment arrangement of a certified surgical
98first assistant shall not be limited in any way by rule of the
99board or by statute.
100     (5)  CERTIFIED SURGICAL FIRST ASSISTANT LICENSURE.--
101     (a)  A person desiring to be licensed as a certified
102surgical first assistant shall apply to the department. The
103department shall issue a license to any person certified by the
104board as having met the following requirements:
105     1.  Is at least 18 years of age.
106     2.  Holds and maintains certification from one of the
107following recognized certifying agencies:
108     a.  The Liaison Council on Certification for the Surgical
109Technologist.
110     b.  The National Surgical Assistant Association.
111     3.  Has completed the application form and remitted an
112application fee not to exceed $750 as set by the board. An
113application for licensure made by a certified surgical first
114assistant shall include:
115     a.  A certificate from one of the recognized certifying
116agencies specified in subparagraph 2.
117     b.  A sworn statement of any prior felony convictions.
118     c.  A sworn statement of any previous revocation or denial
119of licensure or certification.
120     (b)  A license shall be renewed biennially. Each renewal
121shall include:
122     1.  A renewal fee not to exceed $1,000 as set by the board.
123     2.  A sworn statement of no felony convictions in the
124previous 2 years.
125     (c)  Each licensed certified surgical first assistant shall
126biennially complete 40 hours of continuing medical education and
127shall hold a current certificate issued by a recognized
128certifying agency listed in subparagraph (a)2.
129     (d)  The board may impose any of the penalties authorized
130under ss. 456.072 and 458.331(2) upon a certified surgical first
131assistant if the certified surgical first assistant or the
132supervising physician has been found guilty of or is being
133investigated for any act that constitutes a violation of this
134chapter or chapter 456.
135     (e)  A certified surgical first assistant's license:
136     1.  Does not authorize the licensee to engage in the
137practice of medicine or professional nursing.
138     2.  Is not required of a registered nurse, an advanced
139registered nurse practitioner, a registered nurse first
140assistant, a physician assistant, or hospital employee as a
141condition of employment to perform duties as a surgical
142assistant.
143     (6)  INACTIVE AND DELINQUENT STATUS.--A license on inactive
144or delinquent status may be reactivated only as provided in s.
145456.036.
146     (7)  PENALTY.--A person who has not been licensed by the
147board and approved by the department and who holds himself or
148herself out as a licensed certified surgical first assistant or
149who uses any other term in indicating or implying that he or she
150is a licensed certified surgical first assistant commits a
151felony of the third degree, punishable as provided in s.
152775.082, s. 775.083, or s. 775.084.
153     (8)  DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.--The
154board may deny, suspend, or revoke a certified surgical first
155assistant license if the board determines that the certified
156surgical first assistant has violated this chapter.
157     (9)  RULES.--The board may adopt rules to administer this
158section.
159     (10)  LIABILITY.--Each supervising physician using a
160certified surgical first assistant may be liable for acts or
161omissions of the certified surgical first assistant acting under
162the physician's direct supervision and control.
163     (11)  FEES.--The fees collected by the board under this
164section shall be used for the licensure and regulation of
165certified surgical first assistants in accordance with this
166section.
167     Section 2.  Subsection (6) of section 627.419, Florida
168Statutes, is amended to read:
169     627.419  Construction of policies.--
170     (6)(a)  Notwithstanding any other provision of law, when
171any health insurance policy, health care services plan, or other
172contract provides for payment for surgical first assisting
173benefits or services, the policy, plan, or contract is to be
174construed as providing for payment to a physician assistant or
175registered nurse first assistant or employers of a physician
176assistant or registered nurse first assistant who performs such
177services that are within the scope of a physician assistant's or
178a registered nurse first assistant's professional license. The
179provisions of This paragraph applies subsection apply only if
180reimbursement for an assisting physician, licensed under chapter
181458 or chapter 459, would be covered and a physician assistant
182or a registered nurse first assistant who performs such services
183is used as a substitute.
184     (b)1.  Notwithstanding any other provision of law, when any
185health insurance policy, health care services plan, or other
186contract provides for payment for surgical first assisting
187benefits or services, the policy, plan, or contract is to be
188construed as providing for payment to a certified surgical first
189assistant or to the employer of a certified surgical first
190assistant who performs such services that are assigned by the
191supervising physician or osteopathic physician. This paragraph
192applies only if reimbursement for an assisting physician,
193licensed under chapter 458 or chapter 459, would be covered and
194the certified surgical first assistant who performs such
195services is used as a substitute. As used in this paragraph, the
196term "certified surgical first assistant" means a person who is
197a licensed health care provider who is directly accountable to a
198physician licensed under chapter 458 or an osteopathic physician
199licensed under chapter 459 and who is certified by the National
200Surgical Assistant Association, the Liaison Council on
201Certification for the Surgical Technologist, or the American
202Board of Surgical Assistants.
203     2.  This paragraph does not require an insurer to directly
204reimburse a certified surgical first assistant if the certified
205surgical first assistant is paid or will be paid for a surgical
206procedure by the health care facility at which the surgical
207procedure is performed.
208     Section 3.  This act shall take effect October 1, 2006.


CODING: Words stricken are deletions; words underlined are additions.