Florida Senate - 2013                                     SB 360
       
       
       
       By Senator Garcia
       
       
       
       
       38-00138A-13                                           2013360__
    1                        A bill to be entitled                      
    2         An act relating to surgical assistants and surgical
    3         technologists; providing definitions; prohibiting a
    4         health care facility from employing, contracting with,
    5         or granting surgical privileges to a person who does
    6         not hold a current and valid certification as a
    7         surgical assistant; prohibiting a health care facility
    8         from employing or contracting with a person who has
    9         not completed a nationally and programmatically
   10         accredited surgical technology program and who does
   11         not have the credential of certified surgical
   12         technologist; providing that certain persons are
   13         exempt from having a certification as a surgical
   14         assistant or surgical technologist; providing a
   15         definition; authorizing a person who completes a
   16         training program to become a surgical assistant or a
   17         surgical technologist before a specified date to
   18         continue to practice as a surgical assistant or
   19         surgical technologist for 1 year after completing such
   20         program; requiring the Agency for Health Care
   21         Administration to accept, in lieu of its own periodic
   22         inspections for licensure, the survey or inspection of
   23         an accrediting organization under certain
   24         circumstances; requiring the agency to adopt rules;
   25         amending s. 627.419, F.S.; requiring a health
   26         insurance policy, health care services plan, or other
   27         contract to provide for payment to a certified
   28         surgical assistant or to an employer of a certified
   29         surgical assistant if the policy, plan, or contract
   30         provides for payment for surgical first assisting
   31         benefits or services and reimbursement for a physician
   32         assistant is covered; providing that reimbursement to
   33         a certified surgical assistant is not required under
   34         certain circumstances; providing an effective date.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38  Section 1. Surgical assistants and surgical technologists.—
   39         (1) DEFINITIONS.—As used in this section, the term:
   40         (a) “Agency” means the Agency for Health Care
   41  Administration.
   42         (b) “Health care facility” means a hospital as defined in
   43  s. 395.002, Florida Statutes, or an ambulatory surgical center
   44  as defined in s. 395.002, Florida Statutes.
   45         (c) “Surgical assistant” means a person who, under the
   46  direct supervision of a person who is licensed under chapter
   47  458, chapter 459, or chapter 461, Florida Statutes, performs
   48  significant surgical tasks, including manipulating tissues or
   49  organs, manipulating or inserting sutures, placing hemostatic
   50  agents, injecting local anesthesia, harvesting veins, or
   51  implanting devices.
   52         (d) “Surgical technologist” means a person who, under the
   53  supervision of a person who is licensed under chapter 458,
   54  chapter 459, chapter 461, or part I of chapter 464, Florida
   55  Statutes:
   56         1. Maintains the integrity of surgical instruments within
   57  the surgical field during surgical procedures;
   58         2. Performs surgical support tasks, including the transfers
   59  and counts of instruments and equipment and the management of
   60  fluids, specimens, and supplies;
   61         3. Identifies and corrects sepsis; and
   62         4. Performs other surgical tasks as directed.
   63         (2) EMPLOYMENT LIMITATIONS; SURGICAL ASSISTANTS.—A health
   64  care facility may not employ, contract with, or grant surgical
   65  privileges to a person who does not hold a current and valid
   66  certification as a surgical assistant which is issued by the
   67  American Board of Surgical Assistants, the National Board of
   68  Surgical Technology and Surgical Assisting, or the National
   69  Surgical Assistant Association.
   70         (3) EMPLOYMENT LIMITATIONS; SURGICAL TECHNOLOGISTS.—A
   71  health care facility may not employ or contract with a person
   72  who:
   73         (a) Has not successfully completed a nationally and
   74  programmatically accredited surgical technology program; and
   75         (b) Does not have the credential of certified surgical
   76  technologist which is issued by a nationally accredited
   77  credentialing body.
   78         (4) EXEMPTIONS.—Subsections (2) and (3) do not apply to the
   79  following persons:
   80         (a)A person who practices as a surgical assistant or
   81  surgical technologist on or at any time during the 6 months
   82  before January 1, 2013.
   83         (b)A person who successfully completes training as a
   84  surgical assistant or surgical technologist in the uniformed
   85  services.
   86         (c) A student who performs, within the scope of the
   87  student’s training, the functions of a surgical assistant under
   88  the direct supervision of a person who is licensed under chapter
   89  458, chapter 459, or chapter 461, Florida Statutes.
   90         (d) A student who performs, within the scope of the
   91  student’s training, the functions of a surgical technologist
   92  under the direct supervision of a person who is licensed under
   93  chapter 458, chapter 459, chapter 461, or part I of chapter 464,
   94  Florida Statutes.
   95         (e) A person who is licensed under chapter 458, chapter
   96  459, or chapter 461, Florida Statutes, and who engages in the
   97  full scope of practice for which he or she is licensed.
   98         (f) A person who performs surgical procedures in an office
   99  based setting. As used in this paragraph, the term “office-based
  100  setting” means any setting other than a health care facility or
  101  a facility directly maintained and operated by the Federal
  102  Government.
  103         (g) A person who completes a training program to become a
  104  surgical assistant or surgical technologist before July 1, 2014.
  105  This person may continue to practice as a surgical assistant or
  106  surgical technologist for 1 year after completing such program
  107  notwithstanding any other provision of this section.
  108         (5)INSPECTIONS.—To ensure compliance with this section,
  109  the agency shall accept, in lieu of its own periodic inspections
  110  for licensure, the survey or inspection of an accrediting
  111  organization if:
  112         (a) The accreditation of the licensed health care facility
  113  is not provisional;
  114         (b) The licensed health care facility authorizes release of
  115  the accrediting organization’s survey or inspection; and
  116         (c) The agency receives the accrediting organization’s
  117  survey or inspection.
  118         (6) RULES.—The agency shall adopt rules to administer this
  119  section.
  120         Section 2. Subsection (6) of section 627.419, Florida
  121  Statutes, is amended to read:
  122         627.419 Construction of policies.—
  123         (6) Notwithstanding any other provision of law, if a when
  124  any health insurance policy, health care services plan, or other
  125  contract provides for payment for surgical first assisting
  126  benefits or services, the policy, plan, or contract shall is to
  127  be construed as providing for payment to:
  128         (a) A registered nurse first assistant or a surgical
  129  assistant who is certified by the American Board of Surgical
  130  Assistants, the National Board of Surgical Technology and
  131  Surgical Assisting, or the National Surgical Assistant
  132  Association; or
  133         (b) An employer employers of a physician assistant,
  134  surgical assistant, or registered nurse first assistant who
  135  performs such services that are within the scope of the a
  136  physician assistant’s or the a registered nurse first
  137  assistant’s professional license or the surgical assistant’s
  138  certification as a surgical assistant.
  139  
  140  The provisions of This subsection applies apply only if
  141  reimbursement for an assisting physician, licensed under chapter
  142  458 or chapter 459, would be covered and a physician assistant,
  143  a surgical assistant, or a registered nurse first assistant who
  144  performs such services is used as a substitute. This subsection
  145  does not require reimbursement to a surgical assistant if the
  146  assistant is employed by and is paid, or will be paid, by the
  147  health care facility for the surgical services performed.
  148         Section 3. This act shall take effect July 1, 2013.