Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 380
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2014 .
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following:
1 Senate Amendment (with title amendment)
2
3
4 Between lines 12 and 13
5 insert:
6 Section 2. Present subsections (1) through (10) of section
7 395.0191, Florida Statutes, are redesignated as subsections (2)
8 through (11), respectively, and new subsections (1) and (12) are
9 added to that section, 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
30 under the supervision of a surgeon in exposure, hemostasis,
31 closures, and other intraoperative technical functions and who
32 assists the surgeon in performing a safe operation with optimal
33 results for the patient.
34 (e) “Surgical technologist” means a person who assists and
35 practices under the supervision of a surgeon to ensure that the
36 operating room environment is safe, that proper equipment is
37 available, and that the operative procedure is conducted
38 efficiently. Surgical technologist duties include, but are not
39 limited to, maintaining sterility during a surgical procedure,
40 handling and ensuring the availability of necessary equipment
41 and supplies, and maintaining visibility of the operative site.
42 (12)(a) A facility may not employ or contract with any
43 person to perform the duties of a surgical assistant unless the
44 person is a certified surgical assistant.
45 (b) A facility may not employ or contract with any person
46 to perform the duties of a surgical technologist unless the
47 person is a certified surgical technologist.
48 (c) Paragraphs (a) and (b) do not apply to:
49 1. A person who was employed or contracted to perform the
50 duties of a surgical technologist or surgical assistant at any
51 time between January 1, 2014, and December 31, 2014.
52 2. A health care practitioner as defined in s. 456.001 or a
53 student if the duties that the practitioner or the student
54 performs fall within the scope of the practitioner’s or the
55 student’s training and practice.
56 3. A person enrolled in a surgical technology or surgical
57 assisting training program accredited by the Commission on
58 Accreditation of Allied Health Education Programs, the
59 Accrediting Bureau of Health Education Schools, or another
60 accrediting body recognized by the United States Department of
61 Education on July 1, 2014. A person may practice as a surgical
62 technologist or a surgical assistant for 1 year after completion
63 of such a training program before he or she is required to meet
64 the criteria in paragraph (a) or paragraph (b).
65
66 ================= T I T L E A M E N D M E N T ================
67 And the title is amended as follows:
68 Delete lines 2 - 4
69 and insert:
70 An act relating to the responsibilities of health care
71 facilities; repealing s. 383.336, F.S., relating to
72 provider hospitals; amending s. 395.0191, F.S.;
73 defining terms; prohibiting a health care facility
74 from employing or contracting with a surgical
75 assistant or surgical technologist under certain
76 circumstances; providing exceptions; amending s.
77 395.1051, F.S.; requiring a