Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 360
Barcode 581170
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/02/2013 .
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The Committee on Health Policy (Garcia) recommended the
following:
1 Senate Amendment (with title amendment)
2
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.
79
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.
89
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.