Senate Bill sb1044

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    Florida Senate - 2006                                  SB 1044

    By Senator Fasano





    11-50A-06                                           See HB 427

  1                      A bill to be entitled

  2         An act relating to surgical first assistance;

  3         creating s. 458.3465, F.S.; providing

  4         definitions; providing requirements for the

  5         performance of supervising physicians;

  6         providing the duties and scope and location of

  7         practice for certified surgical first

  8         assistants; providing contracting and

  9         employment guidelines for physicians,

10         hospitals, clinics, or ambulatory surgical

11         centers employing certified surgical first

12         assistants; providing licensure criteria for

13         certified surgical first assistants; providing

14         for application fees and licensure renewal

15         fees; providing for licensure renewal;

16         providing continuing education requirements;

17         authorizing the Board of Medicine to impose

18         penalties; providing scope of a certified

19         surgical first assistant's license; providing

20         for reciprocity of licenses among states;

21         providing for inactive and delinquent status;

22         providing that an unlicensed person who holds

23         himself or herself out as, or indicates or

24         implies that he or she is, licensed commits a

25         third degree felony and is subject to

26         applicable penalties; providing for denial,

27         suspension, or revocation of licensure;

28         authorizing the board to adopt rules; providing

29         that supervising physicians may be liable for

30         certain acts or omissions of certified surgical

31         first assistants; providing guidelines for the

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    Florida Senate - 2006                                  SB 1044
    11-50A-06                                           See HB 427




 1         use of fees collected by the board; amending s.

 2         627.419, F.S.; providing for payments to a

 3         physician assistant under contracts providing

 4         for payment for surgical first assisting

 5         benefits or services; including certified

 6         surgical first assistants, as defined, within

 7         certain benefits or services payment

 8         provisions; limiting application; providing an

 9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Section 458.3465, Florida Statutes, is

14  created to read:

15         458.3465  Certified surgical first assistants.--

16         (1)  DEFINITIONS.--As used in this section:

17         (a)  "Board" means the Board of Medicine.

18         (b)  "Certified surgical first assistant" means a

19  person who provides primary surgical assistance to the primary

20  surgeon during a surgical procedure, is listed on the

21  operative record as the first assistant, and meets the

22  qualifications for licensure under this section.

23         (c)  "Continuing medical education" means courses

24  recognized and approved by the board, the Liaison Council on

25  Certification for the Surgical Technologist, the National

26  Surgical Assistant Association, the American Board of Surgical

27  Assistants, the American Medical Association, the American

28  Osteopathic Association, or the Accreditation Council on

29  Continuing Medical Education.

30         (d)  "Direct supervision" means supervision by a

31  delegating physician who is physically present and who

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    Florida Senate - 2006                                  SB 1044
    11-50A-06                                           See HB 427




 1  personally directs delegated acts and remains immediately

 2  available to personally respond to any emergency until the

 3  patient is released from the operating room or the physician's

 4  care and has been transferred to the care and responsibility

 5  of another physician.

 6         (e)  "Surgical assisting" means providing aid under

 7  direct supervision in exposure, hemostasis, closures, and

 8  other intraoperative technical functions that assist a

 9  physician in performing a safe operation with optimal results

10  for the patient.

11         (2)  PERFORMANCE OF SUPERVISING PHYSICIAN.--Each

12  physician or group of physicians supervising a certified

13  surgical first assistant shall be qualified in the medical

14  areas in which the certified surgical first assistant is to

15  perform and may be individually or collectively responsible

16  and liable for the performance and the acts and omissions of

17  the certified surgical first assistant.

18         (3)  PERFORMANCE OF CERTIFIED SURGICAL FIRST

19  ASSISTANTS.--

20         (a)  A certified surgical first assistant may perform

21  duties limited to the scope of certification in surgical

22  assisting functions while under the direct supervision of a

23  physician.

24         (b)  The scope of practice of a certified surgical

25  first assistant is limited to surgical assisting and tasks

26  delegated by the supervising physician.

27         (c)  A certified surgical first assistant may only

28  perform his or her duties in a medical clinic, hospital,

29  ambulatory surgical center, or similar medical institution.

30         (4)  EMPLOYMENT OF CERTIFIED SURGICAL FIRST

31  ASSISTANTS.--

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    Florida Senate - 2006                                  SB 1044
    11-50A-06                                           See HB 427




 1         (a)  A physician or hospital is not required to

 2  contract with a certified surgical first assistant.

 3         (b)  A health maintenance organization, preferred

 4  provider organization, or health benefit plan shall not

 5  require a physician, hospital, clinic, or ambulatory surgery

 6  center to contract with a certified surgical first assistant

 7  as a condition of payment to a certified surgical first

 8  assistant.

 9         (c)  The employment arrangement of a certified surgical

10  first assistant shall not be limited in any way by rule of the

11  board or by statute.

12         (5)  CERTIFIED SURGICAL FIRST ASSISTANT LICENSURE.--

13         (a)  A person desiring to be licensed as a certified

14  surgical first assistant shall apply to the board. The board

15  shall issue a license to any person determined by the board as

16  having met the following requirements:

17         1.  Is at least 18 years of age.

18         2.  Holds and maintains certification from one of the

19  following recognized certifying agencies:

20         a.  The Liaison Council on Certification for the

21  Surgical Technologist.

22         b.  The National Surgical Assistant Association.

23         c.  The American Board of Surgical Assistants.

24         3.  Has completed the application form and remitted an

25  application fee not to exceed $750 as set by the board. An

26  application for licensure made by a certified surgical first

27  assistant shall include:

28         a.  A certificate from one of the recognized certifying

29  agencies specified in subparagraph 2.

30         b.  A sworn statement of any prior felony convictions.

31  

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    Florida Senate - 2006                                  SB 1044
    11-50A-06                                           See HB 427




 1         c.  A sworn statement of any previous revocation or

 2  denial of licensure or certification.

 3         (b)  A license shall be renewed biennially. Each

 4  renewal shall include:

 5         1.  A renewal fee not to exceed $1,000 as set by the

 6  board.

 7         2.  A sworn statement of no felony convictions in the

 8  previous 2 years.

 9         (c)  Each licensed certified surgical first assistant

10  shall biennially complete 40 hours of continuing medical

11  education or shall hold a current certificate issued by a

12  recognized certifying agency listed in subparagraph (a)2.

13         (d)  The board may impose any of the penalties

14  authorized under ss. 456.072 and 458.331(2) upon a certified

15  surgical first assistant if the certified surgical first

16  assistant or the supervising physician has been found guilty

17  of or is being investigated for any act that constitutes a

18  violation of this chapter or chapter 456.

19         (e)  A certified surgical first assistant's license:

20         1.  Does not authorize the licensee to engage in the

21  practice of medicine or professional nursing.

22         2.  Is not required of a registered nurse, an advanced

23  registered nurse practitioner, a registered nurse first

24  assistant, or a physician assistant as a condition of

25  employment.

26         (6)  RECIPROCITY.--The department shall allow

27  reciprocity to certified surgical first assistants who are

28  determined by the board to:

29         (a)  Be licensed in other states and who are in good

30  standing with their state of licensure and their certifying

31  agency.

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    Florida Senate - 2006                                  SB 1044
    11-50A-06                                           See HB 427




 1         (b)  Have paid appropriate licensure fees.

 2         (c)  Have complied with all other requirements of the

 3  board.

 4         (7)  INACTIVE AND DELINQUENT STATUS.--A license on

 5  inactive or delinquent status may be reactivated only as

 6  provided in s. 456.036.

 7         (8)  PENALTY.--A person who has not been licensed by

 8  the board and approved by the department and who holds himself

 9  or herself out as a licensed certified surgical first

10  assistant or who uses any other term in indicating or implying

11  that he or she is a licensed certified surgical first

12  assistant commits a felony of the third degree, punishable as

13  provided in s. 775.082, s. 775.083, or s. 775.084.

14         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

15  LICENSURE.--The board may deny, suspend, or revoke a certified

16  surgical first assistant license if the board determines that

17  the certified surgical first assistant has violated this

18  chapter.

19         (10)  RULES.--The board may adopt rules to administer

20  this section.

21         (11)  LIABILITY.--Each supervising physician using a

22  certified surgical first assistant may be liable for acts or

23  omissions of the certified surgical first assistant acting

24  under the physician's supervision and control.

25         (12)  FEES.--The fees collected by the board under this

26  section shall be used for the licensure and regulation of

27  certified surgical first assistants in accordance with this

28  section.

29         Section 2.  Subsection (6) of section 627.419, Florida

30  Statutes, is amended to read:

31         627.419  Construction of policies.--

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    Florida Senate - 2006                                  SB 1044
    11-50A-06                                           See HB 427




 1         (6)(a)  Notwithstanding any other provision of law,

 2  when any health insurance policy, health care services plan,

 3  or other contract provides for payment for surgical first

 4  assisting benefits or services, the policy, plan, or contract

 5  is to be construed as providing for payment to a physician

 6  assistant or registered nurse first assistant or employers of

 7  a physician assistant or registered nurse first assistant who

 8  performs such services that are within the scope of a

 9  physician assistant's or a registered nurse first assistant's

10  professional license. The provisions of This paragraph applies

11  subsection apply only if reimbursement for an assisting

12  physician, licensed under chapter 458 or chapter 459, would be

13  covered and a physician assistant or a registered nurse first

14  assistant who performs such services is used as a substitute.

15         (b)1.  Notwithstanding any other provision of law, when

16  any health insurance policy, health care services plan, or

17  other contract provides for payment for surgical first

18  assisting benefits or services, the policy, plan, or contract

19  is to be construed as providing for payment to a certified

20  surgical first assistant or to the employer of a certified

21  surgical first assistant who performs such services that are

22  assigned by the supervising physician or osteopathic

23  physician. This paragraph applies only if reimbursement for an

24  assisting physician, licensed under chapter 458 or chapter

25  459, would be covered and the certified surgical first

26  assistant who performs such services is used as a substitute.

27  As used in this paragraph, the term "certified surgical first

28  assistant" means a person who is a licensed health care

29  provider who is directly accountable to a physician licensed

30  under chapter 458 or an osteopathic physician licensed under

31  chapter 459 and who is certified by the National Surgical

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    Florida Senate - 2006                                  SB 1044
    11-50A-06                                           See HB 427




 1  Assistant Association, the Liaison Council on Certification

 2  for the Surgical Technologist, or the American Board of

 3  Surgical Assistants.

 4         2.  This paragraph does not require an insurer to

 5  directly reimburse a certified surgical first assistant if the

 6  certified surgical first assistant is paid or will be paid for

 7  a surgical procedure by the health care facility at which the

 8  surgical procedure is performed.

 9         Section 3.  This act shall take effect July 1, 2006.

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