Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. SB 1594 Barcode 156390 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Garcia) recommended the following: 1 Senate Amendment (with title amendment) 2 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. 29 (2) PERFORMANCE OF SURGICAL FIRST ASSISTANTS. 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. 40 (3) SURGICAL FIRST ASSISTANT LICENSURE.— 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. 71 (5) GROUNDS FOR DISCIPLINARY ACTION.— 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. 117 118 ================= 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.