Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1276
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 26
    4  insert:
    5         Section 1. Present subsections (1) through (10) of section
    6  395.0191, Florida Statutes, are redesignated as subsections (2)
    7  through (11), respectively, a new subsection (1) and subsection
    8  (12) are added to that section, and present subsection (6) of
    9  that section is amended, to read:
   10         395.0191 Staff membership and clinical privileges.—
   11         (1) As used in this section, the term:
   12         (a) “Certified surgical assistant” means a surgical
   13  assistant who maintains a valid and active certification under
   14  one of the following designations:
   15         1. Certified Surgical First Assistant from the National
   16  Board of Surgical Technology and Surgical Assisting.
   17         2. Certified Surgical Assistant from the National Surgical
   18  Assistant Association.
   19         3. Surgical Assistant-Certified from the American Board of
   20  Surgical Assistants.
   21         (b) “Certified surgical technologist” means a surgical
   22  technologist who maintains a valid and active certification as a
   23  Certified Surgical Technologist from the National Board of
   24  Surgical Technology and Surgical Assisting.
   25         (c) “Surgeon” means a health care practitioner as defined
   26  in s. 456.001 whose scope of practice includes performing
   27  surgery and who is listed as the primary surgeon in the
   28  operative record.
   29         (d) “Surgical assistant” means a person who provides aid in
   30  exposure, hemostasis, closures, and other intraoperative
   31  technical functions and who assists the surgeon in performing a
   32  safe operation with optimal results for the patient.
   33         (e) “Surgical technologist” means a person whose duties
   34  include, but are not limited to, maintaining sterility during a
   35  surgical procedure, handling and ensuring the availability of
   36  necessary equipment and supplies, and maintaining visibility of
   37  the operative site to ensure that the operating room environment
   38  is safe, that proper equipment is available, and that the
   39  operative procedure is conducted efficiently.
   40         (7)(6) Upon the written request of the applicant, any
   41  licensed facility that has denied staff membership or clinical
   42  privileges to any applicant specified in subsection (2) (1) or
   43  subsection (3) (2) shall, within 30 days of such request,
   44  provide the applicant with the reasons for such denial in
   45  writing. A denial of staff membership or clinical privileges to
   46  any applicant shall be submitted, in writing, to the applicant’s
   47  respective licensing board.
   48         (12)(a) A facility may not employ or contract with any
   49  person to perform the duties of a surgical assistant unless the
   50  person is a certified surgical assistant.
   51         (b) A facility may not employ or contract with any person
   52  to perform the duties of a surgical technologist unless the
   53  person is a certified surgical technologist.
   54         (c) Paragraphs (a) and (b) do not apply to:
   55         1. A person who has completed an appropriate training
   56  program for surgical technology in any branch of the Armed
   57  Forces or reserve component of the Armed Forces.
   58         2. A person who was employed or contracted to perform the
   59  duties of a surgical technologist or surgical assistant at any
   60  time before July 1, 2014.
   61         3. A health care practitioner as defined in s. 456.001 or a
   62  student if the duties performed by the practitioner or the
   63  student are within the scope of the practitioner’s or the
   64  student’s training and practice.
   65         4. A person enrolled in a surgical technology or surgical
   66  assisting training program accredited by the Commission on
   67  Accreditation of Allied Health Education Programs, the
   68  Accrediting Bureau of Health Education Schools, or another
   69  accrediting body recognized by the United States Department of
   70  Education on July 1, 2014. A person may practice as a surgical
   71  technologist or a surgical assistant for 1 year after completion
   72  of such a training program before he or she is required to meet
   73  the criteria in paragraph (a) or paragraph (b).
   75  ================= T I T L E  A M E N D M E N T ================
   76  And the title is amended as follows:
   77         Delete line 2
   78  and insert:
   79         An act relating to health care; amending s. 395.0191,
   80         F.S.; defining terms; prohibiting a health care
   81         facility from employing or contracting with a surgical
   82         assistant or surgical technologist under certain
   83         circumstances; providing exceptions; amending s.