Florida Senate - 2011 SB 1064 By Senator Lynn 7-00338B-11 20111064__ 1 A bill to be entitled 2 An act relating to the practice of surgical 3 technology; providing legislative purpose and intent; 4 providing definitions; prohibiting a person from 5 practicing surgical technology in a health care 6 facility unless he or she meets certain criteria; 7 providing an exception for a specified time; 8 prohibiting a health care facility from employing or 9 contracting for the services of a surgical 10 technologist unless the surgical technologist meets 11 certain requirements; requiring continuing education 12 for persons qualified to practice surgical technology; 13 requiring a health care facility to verify that a 14 person who is qualified to practice surgical 15 technology meets continuing education requirements and 16 maintains the credential of certified surgical 17 technologist; requiring a health care facility to 18 supervise persons employed or contracted by a health 19 care facility to practice surgical technology; 20 providing that the act does not prohibit certain 21 licensed health care practitioners and medical and 22 osteopathic students from performing tasks or 23 functions related to surgical technology; requiring 24 the Agency for Health Care Administration to adopt 25 rules; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. (1) LEGISLATIVE PURPOSE AND INTENT.—The sole 30 legislative purpose for enacting this section is to ensure that 31 every surgical technologist employed in this state meets minimum 32 requirements for safe practice as a member of the surgical care 33 team. The Legislature intends to prohibit from practicing in 34 this state surgical technologists who fail to meet minimum 35 competencies or who otherwise present a danger to the public 36 health and safety. 37 (2) DEFINITIONS.—As used in this section, the term: 38 (a) “Health care facility” means a hospital, an ambulatory 39 surgical center, or a mobile surgical facility regulated by the 40 Department of Health under chapter 395, Florida Statutes. 41 (b) “Surgical technologist” means a person who practices 42 surgical technology. 43 (c) “Surgical technology” means surgical patient care that 44 is performed collaboratively with a surgical team and includes, 45 but is not limited to, the following tasks or functions: 46 1. Preparing the operating room for surgical procedures by 47 ensuring that surgical equipment is functioning properly and 48 safely. 49 2. Preparing the operating room and the sterile field for 50 surgical procedures by using sterilization techniques to prepare 51 sterile supplies, instruments, and equipment. 52 3. Anticipating the needs of the surgical team based on 53 knowledge of human anatomy and pathophysiology and how they 54 relate to the surgery patient and the patient’s surgical 55 procedure. 56 4. As directed, performing tasks at the sterile field 57 including: 58 a. Passing supplies, equipment, or instruments; 59 b. Sponging or suctioning an operating site; 60 c. Preparing and cutting suture material; 61 d. Transferring and irrigating with fluids; 62 e. Transferring drugs within the sterile field, according 63 to applicable law; 64 f. Handling specimens; 65 g. Holding retractors and other instruments; 66 h. Applying electrocautery to clamps on blood vessels that 67 bleed profusely; 68 i. Connecting drains to suction apparatus; 69 j. Applying dressings to closed wounds; and 70 k. Performing sponge, needle, supply, and instrument counts 71 with the registered nurse circulator. 72 (3) TRAINING AND CERTIFICATION REQUIRED.— 73 (a) A person may not practice surgical technology in a 74 health care facility in this state unless the person: 75 1. Has successfully completed a nationally accredited 76 educational program for surgical technologists and holds and 77 maintains the credential of certified surgical technologist, 78 which is administered by the National Board of Surgical 79 Technology and Surgical Assisting or its successor; 80 2. Has completed an appropriate training program for 81 surgical technology in the United States Armed Forces or Public 82 Health Service Commissioned Corps; 83 3. Provides evidence that he or she was employed to 84 practice surgical technology in a health care facility on July 85 1, 2011; or 86 4. Is in the service of the Federal Government, to the 87 extent he or she is performing duties related to that service. 88 89 However, a person may be employed or contracted to practice 90 surgical technology during the 12-month period immediately 91 following successful completion of a program in surgical 92 technology, but may not continue to be employed or contracted to 93 practice beyond that period without documentation that the 94 employee or contractor holds and maintains the credential of 95 certified surgical technologist. 96 (b) A health care facility in this state may not employ or 97 otherwise contract for the services of a surgical technologist 98 unless the person meets the requirements in this subsection. 99 (4) CONTINUING EDUCATION REQUIRED.— 100 (a) A person who qualifies to practice surgical technology 101 in a health care facility under subparagraph (3)(a)2. or 102 subparagraph (3)(a)3. must annually complete 15 hours of 103 continuing education to remain qualified to practice as a 104 surgical technologist. 105 (b) A health care facility that employs or contracts with a 106 person to practice surgical technology must verify that the 107 person meets the continuing education requirements in paragraph 108 (a) and, where applicable, that the person maintains the 109 credential of certified surgical technologist. 110 (5) SUPERVISION AND COMPLIANCE.—A health care facility 111 shall supervise each person employed or contracted by a health 112 care facility to practice surgical technology according to the 113 health care facility’s policies and procedures to ensure that 114 the person competently performs delegated, perioperative tasks 115 in accordance with this section and other applicable law. 116 (6) TASK OR FUNCTIONS RELATED TO SURGICAL TECHNOLOGY.—This 117 section does not prohibit a licensed health care practitioner 118 from performing tasks or functions related to surgical 119 technology if the practitioner is acting within the scope of his 120 or her license. This section also does not prohibit medical and 121 osteopathic students and residents from performing their duties. 122 (7) RULES.—The Agency for Health Care Administration shall 123 adopt rules to administer this section. 124 Section 2. This act shall take effect July 1, 2011.