1 | The 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 |
6 | An act relating to surgical first assistance; creating s. |
7 | 458.3465, F.S.; providing definitions; providing |
8 | requirements for the performance of supervising |
9 | physicians; providing the duties and scope and location of |
10 | practice for certified surgical first assistants; |
11 | providing contracting and employment guidelines for |
12 | physicians, hospitals, clinics, or ambulatory surgical |
13 | centers employing certified surgical first assistants; |
14 | providing licensure criteria for certified surgical first |
15 | assistants; providing for application fees and licensure |
16 | renewal fees; providing for licensure renewal; providing |
17 | continuing education requirements; authorizing the Board |
18 | of Medicine to impose penalties; providing scope of a |
19 | certified surgical first assistant's license; providing |
20 | for inactive and delinquent status; providing that an |
21 | unlicensed person who holds himself or herself out as, or |
22 | indicates or implies that he or she is, licensed commits a |
23 | third degree felony and is subject to applicable |
24 | penalties; providing for denial, suspension, or revocation |
25 | of licensure; authorizing the board to adopt rules; |
26 | providing that supervising physicians may be liable for |
27 | certain acts or omissions of certified surgical first |
28 | assistants; providing guidelines for the use of fees |
29 | collected by the board; amending s. 627.419, F.S.; |
30 | providing for payments to a physician assistant under |
31 | contracts providing for payment for surgical first |
32 | assisting benefits or services; including certified |
33 | surgical first assistants, as defined, within certain |
34 | benefits or services payment provisions; limiting |
35 | application; providing an effective date. |
36 |
|
37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
|
39 | Section 1. Section 458.3465, Florida Statutes, is created |
40 | to 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 |
45 | who provides primary surgical assistance to the primary surgeon |
46 | during a surgical procedure, is listed on the operative record |
47 | as the first assistant, and meets the qualifications for |
48 | licensure under this section. |
49 | (c) "Continuing medical education" means courses |
50 | recognized and approved by the board, the Liaison Council on |
51 | Certification for the Surgical Technologist, the National |
52 | Surgical Assistant Association, the American Board of Surgical |
53 | Assistants, the American Medical Association, the American |
54 | Osteopathic Association, or the Accreditation Council on |
55 | Continuing Medical Education. |
56 | (d) "Department" means the Department of Health. |
57 | (e) "Direct supervision" means supervision by a delegating |
58 | physician who is physically present and who personally directs |
59 | delegated acts and remains immediately available to personally |
60 | respond to any emergency until the patient is released from the |
61 | operating room or the physician's care and has been transferred |
62 | to the care and responsibility of another physician. |
63 | (f) "Surgical assisting" means providing aid under direct |
64 | supervision in exposure, hemostasis, closures, and other |
65 | intraoperative technical functions that assist a physician in |
66 | performing a safe operation with optimal results for the |
67 | patient. |
68 | (2) PERFORMANCE OF SUPERVISING PHYSICIAN.--Each physician |
69 | or group of physicians supervising a certified surgical first |
70 | assistant shall be qualified in the medical areas in which the |
71 | certified surgical first assistant is to perform and may be |
72 | individually or collectively responsible and liable for the |
73 | performance and the acts and omissions of the certified surgical |
74 | first assistant. |
75 | (3) PERFORMANCE OF CERTIFIED SURGICAL FIRST ASSISTANTS.-- |
76 | (a) A certified surgical first assistant may perform |
77 | duties limited to the scope of certification in surgical |
78 | assisting functions while under the direct supervision of a |
79 | physician. |
80 | (b) The scope of practice of a certified surgical first |
81 | assistant is limited to surgical assisting and tasks delegated |
82 | by the supervising physician. |
83 | (c) A certified surgical first assistant may only perform |
84 | his or her duties in a medical clinic, hospital, ambulatory |
85 | surgical center, or similar medical institution. |
86 | (d) Nothing in this section shall be construed as |
87 | requiring licensure as a certified surgical first assistant in |
88 | order to provide surgical assisting services. |
89 | (4) EMPLOYMENT OF CERTIFIED SURGICAL FIRST ASSISTANTS.-- |
90 | (a) A physician or hospital is not required to contract |
91 | with a certified surgical first assistant. |
92 | (b) A health maintenance organization, preferred provider |
93 | organization, or health benefit plan shall not require a |
94 | physician, hospital, clinic, or ambulatory surgery center to |
95 | contract with a certified surgical first assistant as a |
96 | condition of payment to a certified surgical first assistant. |
97 | (c) The employment arrangement of a certified surgical |
98 | first assistant shall not be limited in any way by rule of the |
99 | board or by statute. |
100 | (5) CERTIFIED SURGICAL FIRST ASSISTANT LICENSURE.-- |
101 | (a) A person desiring to be licensed as a certified |
102 | surgical first assistant shall apply to the department. The |
103 | department shall issue a license to any person certified by the |
104 | board 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 |
107 | following recognized certifying agencies: |
108 | a. The Liaison Council on Certification for the Surgical |
109 | Technologist. |
110 | b. The National Surgical Assistant Association. |
111 | 3. Has completed the application form and remitted an |
112 | application fee not to exceed $750 as set by the board. An |
113 | application for licensure made by a certified surgical first |
114 | assistant shall include: |
115 | a. A certificate from one of the recognized certifying |
116 | agencies 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 |
119 | of licensure or certification. |
120 | (b) A license shall be renewed biennially. Each renewal |
121 | shall 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 |
124 | previous 2 years. |
125 | (c) Each licensed certified surgical first assistant shall |
126 | biennially complete 40 hours of continuing medical education and |
127 | shall hold a current certificate issued by a recognized |
128 | certifying agency listed in subparagraph (a)2. |
129 | (d) The board may impose any of the penalties authorized |
130 | under ss. 456.072 and 458.331(2) upon a certified surgical first |
131 | assistant if the certified surgical first assistant or the |
132 | supervising physician has been found guilty of or is being |
133 | investigated for any act that constitutes a violation of this |
134 | chapter or chapter 456. |
135 | (e) A certified surgical first assistant's license: |
136 | 1. Does not authorize the licensee to engage in the |
137 | practice of medicine or professional nursing. |
138 | 2. Is not required of a registered nurse, an advanced |
139 | registered nurse practitioner, a registered nurse first |
140 | assistant, a physician assistant, or hospital employee as a |
141 | condition of employment to perform duties as a surgical |
142 | assistant. |
143 | (6) INACTIVE AND DELINQUENT STATUS.--A license on inactive |
144 | or delinquent status may be reactivated only as provided in s. |
145 | 456.036. |
146 | (7) PENALTY.--A person who has not been licensed by the |
147 | board and approved by the department and who holds himself or |
148 | herself out as a licensed certified surgical first assistant or |
149 | who uses any other term in indicating or implying that he or she |
150 | is a licensed certified surgical first assistant commits a |
151 | felony of the third degree, punishable as provided in s. |
152 | 775.082, s. 775.083, or s. 775.084. |
153 | (8) DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.--The |
154 | board may deny, suspend, or revoke a certified surgical first |
155 | assistant license if the board determines that the certified |
156 | surgical first assistant has violated this chapter. |
157 | (9) RULES.--The board may adopt rules to administer this |
158 | section. |
159 | (10) LIABILITY.--Each supervising physician using a |
160 | certified surgical first assistant may be liable for acts or |
161 | omissions of the certified surgical first assistant acting under |
162 | the physician's direct supervision and control. |
163 | (11) FEES.--The fees collected by the board under this |
164 | section shall be used for the licensure and regulation of |
165 | certified surgical first assistants in accordance with this |
166 | section. |
167 | Section 2. Subsection (6) of section 627.419, Florida |
168 | Statutes, is amended to read: |
169 | 627.419 Construction of policies.-- |
170 | (6)(a) Notwithstanding any other provision of law, when |
171 | any health insurance policy, health care services plan, or other |
172 | contract provides for payment for surgical first assisting |
173 | benefits or services, the policy, plan, or contract is to be |
174 | construed as providing for payment to a physician assistant or |
175 | registered nurse first assistant or employers of a physician |
176 | assistant or registered nurse first assistant who performs such |
177 | services that are within the scope of a physician assistant's or |
178 | a registered nurse first assistant's professional license. The |
179 | provisions of This paragraph applies subsection apply only if |
180 | reimbursement for an assisting physician, licensed under chapter |
181 | 458 or chapter 459, would be covered and a physician assistant |
182 | or a registered nurse first assistant who performs such services |
183 | is used as a substitute. |
184 | (b)1. Notwithstanding any other provision of law, when any |
185 | health insurance policy, health care services plan, or other |
186 | contract provides for payment for surgical first assisting |
187 | benefits or services, the policy, plan, or contract is to be |
188 | construed as providing for payment to a certified surgical first |
189 | assistant or to the employer of a certified surgical first |
190 | assistant who performs such services that are assigned by the |
191 | supervising physician or osteopathic physician. This paragraph |
192 | applies only if reimbursement for an assisting physician, |
193 | licensed under chapter 458 or chapter 459, would be covered and |
194 | the certified surgical first assistant who performs such |
195 | services is used as a substitute. As used in this paragraph, the |
196 | term "certified surgical first assistant" means a person who is |
197 | a licensed health care provider who is directly accountable to a |
198 | physician licensed under chapter 458 or an osteopathic physician |
199 | licensed under chapter 459 and who is certified by the National |
200 | Surgical Assistant Association, the Liaison Council on |
201 | Certification for the Surgical Technologist, or the American |
202 | Board of Surgical Assistants. |
203 | 2. This paragraph does not require an insurer to directly |
204 | reimburse a certified surgical first assistant if the certified |
205 | surgical first assistant is paid or will be paid for a surgical |
206 | procedure by the health care facility at which the surgical |
207 | procedure is performed. |
208 | Section 3. This act shall take effect October 1, 2006. |