Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 360
                                Barcode 581170                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/02/2013           .                                

       The Committee on Health Policy (Garcia) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (11) is added to section 395.0191,
    6  Florida Statutes, to read:
    7         (11) Surgical assistants and surgical technologists.—
    8         (a) DEFINITIONS.—As used in this subsection, the term:
    9         1. “Certified surgical assistant” means a surgical
   10  assistant who maintains valid and active one of the following
   11  certifications:
   12         a. Certified Surgical First Assistant from the National
   13  Board of Surgical Technology and Surgical Assisting.
   14         b. Certified Surgical Assistant from the National Surgical
   15  Assistant Association.
   16         c. Surgical Assistant-Certified from the American Board of
   17  Surgical Assistants.
   18         2. “Certified surgical technologist” means a surgical
   19  technologist who maintains valid and active certification as a
   20  Certified Surgical Technologist from the National Board of
   21  Surgical Technology and Surgical Assisting.
   22         3. “Surgeon” means any health care practitioner as defined
   23  in chapter 456 whose scope of practice includes performing
   24  surgery and who is listed as the primary surgeon in the
   25  operative record.
   26         4. “Surgical assistant” means a person providing aid under
   27  the supervision of a surgeon in exposure, hemostasis, closures,
   28  and other intra-operative technical functions that assist the
   29  surgeon in performing a safe operation with optimal results for
   30  the patient.
   31         5. “Surgical technologist” means a person who assists and
   32  practices under the supervision of a surgeon to ensure that the
   33  operating room environment is safe, that proper equipment is
   34  available, and that the operative procedure is conducted
   35  efficiently. Surgical technologist duties include, but are not
   36  limited to, maintaining sterility during a surgical procedure,
   37  handling and ensuring the availability of necessary equipment
   38  and supplies, and maintaining visibility of 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. Any health care practitioner as defined in chapter 456
   51  or any student, if the duties he or she performs fall within the
   52  scope of the practitioner’s or the student’s training and
   53  practice.
   54         c. Any person enrolled in a surgical technology or surgical
   55  assisting training program accredited by the Commission on
   56  Accreditation of Allied Health Education Programs, the
   57  Accrediting Bureau of Health Education Schools, or another
   58  accrediting body recognized by the United States Department of
   59  Education, on July 1, 2013. A person may practice as a surgical
   60  technologist or a surgical assistant for one year after
   61  completion of such a training program before he or she is
   62  required to meet the criteria in subparagraphs 1. or 2.
   63         Section 2. Subsection (6) of section 627.419, Florida
   64  Statutes, is amended to read:
   65         627.419 Construction of policies.—
   66         (6) Notwithstanding any other provision of law, if a when
   67  any health insurance policy, health care services plan, or other
   68  contract provides for payment for surgical first assisting
   69  benefits or services, the policy, plan, or contract shall is to
   70  be construed as providing for payment to:
   71         (a) A registered nurse first assistant or a certified
   72  surgical assistant as defined in s. 395.0191(11)(a); or
   73         (b) An employer employers of a physician assistant,
   74  certified surgical assistant, or registered nurse first
   75  assistant who performs such services that are within the scope
   76  of the a physician assistant’s or the a registered nurse first
   77  assistant’s professional license or the certification of the
   78  surgical assistant.
   80  The provisions of This subsection applies apply only if
   81  reimbursement for an assisting physician, licensed under chapter
   82  458 or chapter 459, would be covered and a physician assistant,
   83  a certified surgical assistant, or a registered nurse first
   84  assistant who performs such services is used as a substitute.
   85  This subsection does not require reimbursement to a surgical
   86  assistant if the assistant is employed by and is paid, or will
   87  be paid, by the health care facility for the services performed.
   88         Section 3. This act shall take effect July 1, 2013.
   90  ================= T I T L E  A M E N D M E N T ================
   91         And the title is amended as follows:
   92         Delete everything before the enacting clause
   93  and insert:
   94                        A bill to be entitled                      
   95         An act relating to surgical assistants and surgical
   96         technologists; amending s. 395.0191, F.S.; providing
   97         definitions; providing requirements for health care
   98         facilities employing or contracting with surgical
   99         first assistants and surgical technologists; providing
  100         exceptions to these requirements; amending s. 627.419,
  101         F.S.; allowing for payment of surgical assistant
  102         services under certain conditions; providing an
  103         effective date.