CS for CS for SB 380                       First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2014380e1
       
    1                        A bill to be entitled                      
    2         An act relating to the responsibilities of health care
    3         facilities; repealing s. 383.336, F.S., relating to
    4         provider hospitals; amending s. 395.0191, F.S.;
    5         defining terms; prohibiting a health care facility
    6         from employing or contracting with a surgical
    7         assistant or surgical technologist under certain
    8         circumstances; providing exceptions; amending s.
    9         395.1051, F.S.; requiring a hospital to notify
   10         obstetrical physicians before the hospital closes its
   11         obstetrical department or ceases to provide
   12         obstetrical services; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 383.336, Florida Statutes, is repealed.
   17         Section 2. Present subsections (1) through (10) of section
   18  395.0191, Florida Statutes, are redesignated as subsections (2)
   19  through (11), respectively, and new subsections (1) and (12) are
   20  added to that section, to read:
   21         395.0191 Staff membership and clinical privileges.—
   22         (1) As used in this section, the term:
   23         (a) “Certified surgical assistant” means a surgical
   24  assistant who maintains a valid and active certification under
   25  one of the following designations:
   26         1. Certified surgical first assistant, from the National
   27  Board of Surgical Technology and Surgical Assisting.
   28         2. Certified surgical assistant, from the National Surgical
   29  Assistant Association.
   30         3. Surgical assistant-certified, from the American Board of
   31  Surgical Assistants.
   32         (b) “Certified surgical technologist” means a surgical
   33  technologist who maintains a valid and active certification as a
   34  certified surgical technologist from the National Board of
   35  Surgical Technology and Surgical Assisting.
   36         (c) “Surgeon” means a health care practitioner as defined
   37  in s. 456.001 whose scope of practice includes performing
   38  surgery and who is listed as the primary surgeon in the
   39  operative record.
   40         (d) “Surgical assistant” means a person who provides aid in
   41  exposure, hemostasis, closures, and other intraoperative
   42  technical functions and who assists the surgeon in performing a
   43  safe operation with optimal results for the patient.
   44         (e) “Surgical technologist” means a person whose duties
   45  include, but are not limited to, maintaining sterility during a
   46  surgical procedure, handling and ensuring the availability of
   47  necessary equipment and supplies, and maintaining visibility of
   48  the operative site to ensure that the operating room environment
   49  is safe, that proper equipment is available, and that the
   50  operative procedure is conducted efficiently.
   51         (12)(a) A facility may not employ or contract with any
   52  person to perform the duties of a surgical assistant unless the
   53  person is a certified surgical assistant.
   54         (b) A facility may not employ or contract with any person
   55  to perform the duties of a surgical technologist unless the
   56  person is a certified surgical technologist.
   57         (c) Paragraphs (a) and (b) do not apply to:
   58         1. A person who has completed an appropriate training
   59  program for surgical technology in any branch of the Armed
   60  Forces or reserve component of the Armed Forces.
   61         2. A person who was employed or contracted to perform the
   62  duties of a surgical technologist or surgical assistant at any
   63  time before July 1, 2014.
   64         3. A health care practitioner as defined in s. 456.001 or a
   65  student if the duties performed by the practitioner or the
   66  student are within the scope of the practitioner’s or the
   67  student’s training and practice.
   68         4. A person enrolled in a surgical technology or surgical
   69  assisting training program accredited by the Commission on
   70  Accreditation of Allied Health Education Programs, the
   71  Accrediting Bureau of Health Education Schools, or another
   72  accrediting body recognized by the United States Department of
   73  Education on July 1, 2014. A person may practice as a surgical
   74  technologist or a surgical assistant for 1 year after completion
   75  of such a training program before he or she is required to meet
   76  the criteria in paragraph (a) or paragraph (b).
   77         Section 3. Section 395.1051, Florida Statutes, is amended
   78  to read:
   79         395.1051 Duty to notify patients and obstetrical
   80  physicians.—
   81         (1) An appropriately trained person designated by each
   82  licensed facility shall inform each patient, or an individual
   83  identified pursuant to s. 765.401(1), in person about adverse
   84  incidents that result in serious harm to the patient.
   85  Notification of outcomes of care which that result in harm to
   86  the patient under this section does shall not constitute an
   87  acknowledgment or admission of liability and may not, nor can it
   88  be introduced as evidence.
   89         (2)A hospital shall notify each obstetrical physician who
   90  has privileges at the hospital at least 120 days before the
   91  hospital closes its obstetrical department or ceases to provide
   92  obstetrical services, unless the hospital can demonstrate it was
   93  impossible for the hospital to provide 120 days’ notice due to
   94  circumstances beyond the control of the hospital or the
   95  obstetrical physician.
   96         Section 4. This act shall take effect July 1, 2014.