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.
   27  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.
   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.
  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.
  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.