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.