Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1159, 1st Eng.
                                Barcode 773182                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             05/02/2013 03:33 PM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment to Amendment (566056) (with title
    2  amendment)
    4         Between lines 4 and 5
    5  insert:
    6         Section 1. Subsection (11) is added to section 395.0191,
    7  Florida Statutes, to read:
    8         395.0191 Staff membership and clinical privileges.—
    9         (11)(a) Definitions.—As used in this subsection, the term:
   10         1. “Certified surgical assistant” means a surgical
   11  assistant who maintains valid and active one of the following
   12  certifications:
   13         a. Certified Surgical First Assistant from the National
   14  Board of Surgical Technology and Surgical Assisting.
   15         b. Certified Surgical Assistant from the National Surgical
   16  Assistant Association.
   17         c. Surgical Assistant-Certified from the American Board of
   18  Surgical Assistants.
   19         2. “Certified surgical technologist” means a surgical
   20  technologist who maintains valid and active certification as a
   21  Certified Surgical Technologist from the National Board of
   22  Surgical Technology and Surgical Assisting.
   23         3. “Surgeon” means any health care practitioner as defined
   24  in chapter 456 whose scope of practice includes performing
   25  surgery and who is listed as the primary surgeon in the
   26  operative record.
   27         4. “Surgical assistant” means a person who provides aid in
   28  exposure, hemostasis, closures, and other intraoperative
   29  technical functions and assists the surgeon in performing a safe
   30  operation with optimal results for the patient.
   31         5. “Surgical technologist” means a person who assists and
   32  practices to ensure that the operating room environment is safe,
   33  that proper equipment is available, and that the operative
   34  procedure is conducted efficiently. Surgical technologist duties
   35  include, but are not limited to, maintaining sterility during a
   36  surgical procedure, handling and ensuring the availability of
   37  necessary equipment and supplies, and maintaining visibility of
   38  the operative site.
   39         (b) Employment limitations.
   40         1. A facility may not employ or contract with any person to
   41  perform the duties of a surgical assistant unless the person is
   42  a certified surgical assistant.
   43         2. A facility may not employ or contract with any person to
   44  perform the duties of a surgical technologist unless the person
   45  is a certified surgical technologist.
   46         3. Subparagraphs 1. and 2. do not apply to:
   47         a. A person who was employed or contracted to perform the
   48  duties of a surgical technologist or a surgical assistant at any
   49  time between January 1, 2013, and July 1, 2013.
   50         b. A health care practitioner as defined in chapter 456 or
   51  a student if the duties he or she performs fall within the scope
   52  of the practitioner’s or the student’s training and practice.
   53         c. A person enrolled in a surgical technology or surgical
   54  assisting training program accredited by the Commission on
   55  Accreditation of Allied Health Education Programs, the
   56  Accrediting Bureau of Health Education Schools, or another
   57  accrediting body recognized by the United States Department of
   58  Education on July 1, 2013. A person may practice as a surgical
   59  technologist or a surgical assistant for 1 year after completion
   60  of such a training program before he or she is required to meet
   61  the criteria in subparagraph 1. or subparagraph 2.
   63  ================= T I T L E  A M E N D M E N T ================
   64         And the title is amended as follows:
   65         Delete line 173
   66  and insert:
   67         An act relating to health care; amending s. 395.0191,
   68         F.S.; providing definitions; providing requirements
   69         for health care facilities that employ or contract
   70         with surgical assistants or surgical technologists;
   71         providing exceptions to these requirements;