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. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 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. 103 468.94 Continuing 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.