Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1594
                                Barcode 156390                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Health Regulation (Garcia) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 458.3478, Florida Statutes, is created
    6  to read:
    7         (1)DEFINITIONS.—As used in this section, the term:
    8         (a)“Direct supervision” requires the physical presence of
    9  a supervising surgeon on the premises so that the surgeon is
   10  immediately available as needed. For purposes of this section, a
   11  surgeon is liable for any tasks performed under his or her
   12  supervision.
   13         (b)Licensed surgical first assistant” means a surgical
   14  first assistant who meets the qualifications for licensure under
   15  this section.
   16         (c)“Surgeon” means a physician licensed under this chapter
   17  or ch. 459, a podiatrist licensed under ch. 461, or a dentist
   18  licensed under ch. 466, who has completed appropriate training
   19  in surgery and is listed as the primary surgeon in the operative
   20  record.
   21         (d)“Surgical first assistant” means a person who is listed
   22  in the operative record as the first assistant. Surgical first
   23  assistants perform duties delegated by a surgeon under his or
   24  her direct supervision which aid the surgeon in safely
   25  performing pre-operative, intra-operative, and post-operative
   26  tasks. Such duties may include, but are not limited to,
   27  positioning the patient, placing retractors, assisting with
   28  wound closure, and applying wound dressings.
   30         (a)Only licensed surgical first assistants shall practice
   31  as surgical first assistants in this state, except that other
   32  licensed health care practitioners and students may practice as
   33  surgical first assistants if they have been appropriately
   34  trained and any delegated duties fall within their scope of
   35  practice. Persons who were employed as surgical first assistants
   36  as of July 1, 2012, shall be exempt from the provisions of this
   37  section.
   38         (b)The board may not limit by rule the employment
   39  arrangement of a licensed surgical first assistant.
   41         (a)Any person desiring to be licensed as a surgical first
   42  assistant who is not currently licensed in another state shall
   43  apply to the department on forms furnished by the department.
   44  The department shall license each applicant who the board
   45  certifies:
   46         1.Is at least 18 years of age.
   47         2.Currently holds one of the following certifications:
   48         a.Certified Surgical First Assistant from the National
   49  Board of Surgical Technologists and Surgical Assistants.
   50         b.Certified Surgical Assistant from the National Surgical
   51  Assistant Association.
   52         c.Surgical Assistant-Certified from the American Board of
   53  Surgical Assistants.
   54         3.Has completed the application form and remitted an
   55  application fee not to exceed $150 as set by the board. An
   56  application for licensure must include a statement of any
   57  previous revocation or denial of licensure or certification.
   58         4.Meets any other criteria set by law or the board.
   59         (b)A licensed surgical first assistant’s licensure does
   60  not authorize him or her to practice medicine or professional
   61  nursing.
   62         (4)RENEWAL OF LICENSURE.—
   63         (a)Surgical first assistant licensure must be must be
   64  renewed biennially.
   65         (b)The department shall renew a license upon receipt of a
   66  renewal application, a fee not to exceed $150 set by the board,
   67  and either proof of completion of at least 40 hours of
   68  continuing education approved by the board or proof of current
   69  certification from a certifying organization in subsection
   70  (3)(a)2.
   72         (a)The board may impose any of the penalties authorized
   73  under ss. 456.072, 458.331, 459.015, 461.013, or 466.028 upon a
   74  licensed surgical first assistant if he or she violates the
   75  provisions of chs. 456, 458, 459, 461, or 466. The licensed
   76  surgical first assistant may only be cited for violations of and
   77  issued penalties relating to the practice act of his or her
   78  supervising surgeon or surgeons. The board may transfer
   79  management of any violation of chs. 459, 461, or 466 to the
   80  Board of Osteopathic Medicine, Board of Podiatric Medicine, and
   81  Board of Dentistry, respectively.
   82         (b)Any person who has not been licensed by the department
   83  as a licensed surgical first assistant and who in any way
   84  indicates or implies that he or she is a licensed surgical first
   85  assistant commits a felony of the third degree, punishable as
   86  provided in ss. 775.082, 775.083, or 775.084.
   87         (6)RULES.—The board may adopt rules to administer this
   88  section. The Board of Osteopathic Medicine, Board of Podiatric
   89  Medicine, and Board of Dentistry may adopt rules relating to
   90  discipline of licensed surgical first assistants for violations
   91  of the appropriate practice acts.
   92         (7)FEES.—The fees collected by the board under this
   93  section shall be used for the licensure and regulation of
   94  licensed surgical first assistants in accordance with this
   95  section.
   96         Section 2. Subsection (6) of section 627.419, Florida
   97  Statutes, is amended to read:
   98         627.419 Construction of policies.—
   99         (6) Notwithstanding any other provision of law, when any
  100  health insurance policy, health care services plan, or other
  101  contract provides for payment for surgical first assisting
  102  benefits or services, the policy, plan, or contract is to be
  103  construed as providing for payment to a physician assistant, a
  104  licensed surgical first assistant, or a registered nurse first
  105  assistant or employers of a physician assistant, a licensed
  106  surgical first assistant, or registered nurse first assistant
  107  who performs such services that are within the scope of a
  108  physician assistant’s, a licensed surgical first assistant’s, or
  109  a registered nurse first assistant’s professional license. The
  110  provisions of this subsection apply only if reimbursement for an
  111  assisting physician, licensed under chapter 458 or chapter 459,
  112  or an assisting podiatrist, licensed under chapter 461, would be
  113  covered and a physician assistant, licensed surgical first
  114  assistant, or a registered nurse first assistant who performs
  115  such services is used as a substitute.
  116         Section 3. This act shall take effect July 1, 2012.
  118  ================= T I T L E  A M E N D M E N T ================
  119         And the title is amended as follows:
  120         Delete everything before the enacting clause
  121  and insert:
  122                        A bill to be entitled                      
  123         An act relating to surgical first assistants; creating
  124         s. 458.3478, F.S.; providing definitions; requiring
  125         that all surgical first assistants be licensed, with
  126         certain exceptions; providing an effective date;
  127         prohibiting the Board of Medicine from limiting
  128         employment of licensed surgical first assistants;
  129         specifying requirements for licensure and licensure
  130         renewal; providing grounds for disciplinary action;
  131         providing for transfer of management of certain
  132         violations to the appropriate practice board;
  133         providing rulemaking authority; specifying use of
  134         fees; amending s. 627.419, F.S.; allowing for payment
  135         of surgical assisting services under certain
  136         conditions; providing an effective date.