Florida Senate - 2012                                     SB 362
       By Senator Lynn
       7-00262A-12                                            2012362__
    1                        A bill to be entitled                      
    2         An act relating to surgical technology; creating part
    3         XVII of ch. 468, F.S., relating to minimum
    4         requirements to practice surgical technology;
    5         providing legislative intent; providing definitions;
    6         prohibiting a person from practicing surgical
    7         technology in a health care facility unless he or she
    8         meets certain criteria; providing an exception for a
    9         specified time; prohibiting a health care facility
   10         from employing or contracting for the services of a
   11         surgical technologist unless the surgical technologist
   12         meets certain requirements; requiring continuing
   13         education for persons qualified to practice surgical
   14         technology; requiring a health care facility to verify
   15         that a person who is qualified to practice surgical
   16         technology meets continuing education requirements and
   17         maintains the credential of certified surgical
   18         technologist; requiring a health care facility to
   19         supervise persons employed or contracted by a health
   20         care facility to practice surgical technology;
   21         providing that the act does not prohibit certain
   22         licensed health care practitioners and medical and
   23         osteopathic students from performing tasks or
   24         functions related to surgical technology; requiring
   25         the Agency for Health Care Administration to adopt
   26         rules; providing an effective date.
   28  Be It Enacted by the Legislature of the State of Florida:
   30         Section 1. Part XVII of chapter 468, Florida Statutes,
   31  consisting of sections 468.91, 468.92, 468.93, 468.94, 468.95,
   32  468.96, and 468.97, is created to read:
   33         468.91 Legislative intent.—The sole legislative purpose for
   34  enacting this part is to ensure that every surgical technologist
   35  employed in this state meets minimum requirements for safe
   36  practice as a member of the surgical care team. It is the
   37  legislative intent that surgical technologists who fail to meet
   38  minimum competencies or who otherwise present a danger to the
   39  public health and safety be prohibited from practicing in this
   40  state.
   41         468.92 Definitions.—As used in this part, the term:
   42         (1) “Health care facility” means a hospital, an ambulatory
   43  surgical center, or a mobile surgical facility that is regulated
   44  by the Department of Health under chapter 395.
   45         (2) “Surgical technologist” means a person who practices
   46  surgical technology.
   47         (3) “Surgical technology” means surgical patient care
   48  performed collaboratively with the surgical team which includes,
   49  but is not limited to, the following tasks or functions:
   50         (a) Preparing the operating room for surgical procedures by
   51  ensuring that surgical equipment is functioning properly and
   52  safely;
   53         (b) Preparing the operating room and the sterile field for
   54  surgical procedures by preparing sterile supplies, instruments,
   55  and equipment using sterile techniques;
   56         (c) Anticipating the needs of the surgical team based on
   57  knowledge of human anatomy and pathophysiology and how those
   58  needs relate to the surgical patient and the patient’s surgical
   59  procedure; and
   60         (d) Performing tasks at the sterile field, as directed,
   61  including:
   62         1. Passing supplies, equipment, or instruments.
   63         2. Sponging or suctioning an operative site.
   64         3. Preparing and cutting suture material.
   65         4. Transferring and irrigating with fluids.
   66         5. Transferring drugs within the sterile field, according
   67  to applicable law.
   68         6. Handling specimens.
   69         7. Holding retractors and other instruments.
   70         8. Applying electrocautery to clamps on blood vessels that
   71  bleed.
   72         9. Connecting drains to suction apparatus.
   73         10. Applying dressings to closed wounds.
   74         11. Performing sponge, needle, supply, and instrument
   75  counts with the registered nurse circulator.
   76         468.93 Training and certification required.—
   77         (1) A person may not practice surgical technology in a
   78  health care facility in this state unless the person meets one
   79  of the following requirements:
   80         (a) Has successfully completed a nationally accredited
   81  educational program for surgical technologists and holds and
   82  maintains the credential of certified surgical technologist,
   83  which is administered by a nationally accredited credentialing
   84  body;
   85         (b) Has completed an appropriate training program for
   86  surgical technology in the United States Armed Forces or Public
   87  Health Service Commissioned Corps;
   88         (c) Provides evidence that the person was employed to
   89  practice surgical technology in a health care facility within 2
   90  years before July 1, 2012; or
   91         (d) Is in the service of the Federal Government, to the
   92  extent the person is performing duties related to that service.
   93         (2) A person may be employed or contracted to practice
   94  surgical technology during the 12-month period immediately
   95  following successful completion of a program in surgical
   96  technology, but may not continue to be employed or contracted to
   97  practice beyond that period without documentation that the
   98  employee or contractor holds and maintains the credential of
   99  certified surgical technologist.
  100         (3)A health care facility in this state may not employ or
  101  otherwise contract for the services of a surgical technologist
  102  unless the person meets the requirements of this section.
  103         468.94Continuing education required.—
  104         (1) A person who qualifies to practice surgical technology
  105  in a health care facility under s. 468.93(1)(b) or (c) must
  106  annually complete 15 hours of continuing education to remain
  107  qualified to practice as a surgical technologist.
  108         (2) A health care facility that employs or contracts with a
  109  person to practice surgical technology shall verify that the
  110  person meets the continuing education requirements of subsection
  111  (1) and, where applicable, maintains the credential of certified
  112  surgical technologist.
  113         468.95 Supervision and compliance.—A health care facility
  114  shall supervise each person employed or contracted by a health
  115  care facility to practice surgical technology according to the
  116  health care facility’s policies and procedures to ensure that
  117  the person competently performs delegated perioperative tasks in
  118  accordance with this part and other applicable laws.
  119         468.96 Applicability.—This part does not prohibit any
  120  licensed practitioner from performing tasks or functions related
  121  to surgical technology if the person is acting within the scope
  122  of his or her license. This section also does not prohibit any
  123  medical student, osteopathic student, or resident from
  124  performing tasks or functions related to surgical technology if
  125  the person is acting within the scope of his or her duties.
  126         468.97 Rulemaking authority.—The Agency for Health Care
  127  Administration shall adopt rules to administer the requirements
  128  of this part.
  129         Section 2. This act shall take effect July 1, 2012.