Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1354
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 3/AD/2R         .                                
             04/28/2014 06:52 PM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 52
    4  insert:
    5         Section 1. Section 383.336, Florida Statutes, is repealed.
    6         Section 2. Present subsections (1) through (10) of section
    7  395.0191, Florida Statutes, are redesignated as subsections (2)
    8  through (11), respectively, present subsection (6) is amended,
    9  and a new subsection (1) and subsection (12) are added to that
   10  section, to read:
   11         395.0191 Staff membership and clinical privileges.—
   12         (1) As used in this section, the term:
   13         (a) “Certified surgical assistant” means a surgical
   14  assistant who maintains a valid and active certification under
   15  one of the following designations:
   16         1. Certified surgical first assistant, from the National
   17  Board of Surgical Technology and Surgical Assisting.
   18         2. Certified surgical assistant, from the National Surgical
   19  Assistant Association.
   20         3. Surgical assistant-certified, from the American Board of
   21  Surgical Assistants.
   22         (b) “Certified surgical technologist” means a surgical
   23  technologist who maintains a valid and active certification as a
   24  certified surgical technologist from the National Board of
   25  Surgical Technology and Surgical Assisting.
   26         (c) “Surgeon” means a health care practitioner as defined
   27  in s. 456.001 whose scope of practice includes performing
   28  surgery and who is listed as the primary surgeon in the
   29  operative record.
   30         (d) “Surgical assistant” means a person who provides aid in
   31  exposure, hemostasis, closures, and other intraoperative
   32  technical functions and who assists the surgeon in performing a
   33  safe operation with optimal results for the patient.
   34         (e) “Surgical technologist” means a person whose 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 to ensure that the operating room environment
   39  is safe, that proper equipment is available, and that the
   40  operative procedure is conducted efficiently.
   41         (7)(6) Upon the written request of the applicant, a any
   42  licensed facility that has denied staff membership or clinical
   43  privileges to an any applicant specified in subsection (2) (1)
   44  or subsection (3) (2) shall, within 30 days of such request,
   45  provide the applicant with the reasons for such denial in
   46  writing. A denial of staff membership or clinical privileges to
   47  an any applicant shall be submitted, in writing, to the
   48  applicant’s respective licensing board.
   49         (12)(a) A facility may not employ or contract with any
   50  person to perform the duties of a surgical assistant unless the
   51  person is:
   52         1. A certified surgical assistant; or
   53         2. A certified surgical technologist.
   54         (b) Paragraph (a) does 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 before
   60  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 other
   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).
   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; repealing s. 383.336,
   80         F.S., relating to the establishment of practice
   81         parameters for caesarean sections; amending s.
   82         395.0191, F.S.; defining terms; prohibiting a health
   83         care facility from employing or contracting with a
   84         surgical assistant or surgical technologist under
   85         certain circumstances; providing exceptions; amending
   86         s. 409.967,