Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. HB 799
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 1068 and 1069
    4  insert:
    5         Section 12. 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) At least 50 percent of the surgical assistants that
   49  a facility employs or contracts with must be certified surgical
   50  assistants.
   51         (b) At least 50 percent of the surgical technologists that
   52  a facility employs or contracts with must be certified surgical
   53  technologists.
   54         (c) The certification requirements in paragraphs (a) and
   55  (b) do not apply to:
   56         1. A person who has completed an appropriate training
   57  program for surgical technology in any branch of the Armed
   58  Forces or reserve component of the Armed Forces.
   59         2. A person who was employed or contracted to perform the
   60  duties of a surgical technologist or surgical assistant at any
   61  time before July 1, 2014.
   62         3. A health care practitioner as defined in s. 456.001 or a
   63  student if the duties performed by the practitioner or the
   64  student are within the scope of the practitioner’s or the
   65  student’s training and practice.
   66         4. A person enrolled in a surgical technology or surgical
   67  assisting training program accredited by the Commission on
   68  Accreditation of Allied Health Education Programs, the
   69  Accrediting Bureau of Health Education Schools, or another
   70  accrediting body recognized by the United States Department of
   71  Education on July 1, 2014. A person may practice as a surgical
   72  technologist or a surgical assistant for 2 years after
   73  completing such a training program before he or she is required
   74  to meet the criteria in paragraph (a) or paragraph (b).
   76  ================= T I T L E  A M E N D M E N T ================
   77  And the title is amended as follows:
   78         Delete lines 2 - 83
   79  and insert:
   80         An act relating to health care facilities; creating
   81         part XI of chapter 400, F.S.; providing legislative
   82         intent; providing definitions; requiring the licensure
   83         of transitional living facilities; providing license
   84         fees and application requirements; requiring
   85         accreditation of licensed facilities; providing
   86         requirements for transitional living facility policies
   87         and procedures governing client admission, transfer,
   88         and discharge; requiring a comprehensive treatment
   89         plan to be developed for each client; providing plan
   90         and staffing requirements; requiring certain consent
   91         for continued treatment in a transitional living
   92         facility; providing licensee responsibilities;
   93         providing notice requirements; prohibiting a licensee
   94         or employee of a facility from serving notice upon a
   95         client to leave the premises or take other retaliatory
   96         action under certain circumstances; requiring the
   97         client and client’s representative to be provided with
   98         certain information; requiring the licensee to develop
   99         and implement certain policies and procedures;
  100         providing licensee requirements relating to
  101         administration of medication; requiring maintenance of
  102         medication administration records; providing
  103         requirements for administration of medications by
  104         unlicensed staff; specifying who may conduct training
  105         of staff; requiring licensees to adopt policies and
  106         procedures for administration of medications by
  107         trained staff; requiring the Agency for Health Care
  108         Administration to adopt rules; providing requirements
  109         for the screening of potential employees and training
  110         and monitoring of employees for the protection of
  111         clients; requiring licensees to implement certain
  112         policies and procedures to protect clients; providing
  113         conditions for investigating and reporting incidents
  114         of abuse, neglect, mistreatment, or exploitation of
  115         clients; providing requirements and limitations for
  116         the use of physical restraints, seclusion, and
  117         chemical restraint medication on clients; providing a
  118         limitation on the duration of an emergency treatment
  119         order; requiring notification of certain persons when
  120         restraint or seclusion is imposed; authorizing the
  121         agency to adopt rules; providing background screening
  122         requirements; requiring the licensee to maintain
  123         certain personnel records; providing administrative
  124         responsibilities for licensees; providing
  125         recordkeeping requirements; providing licensee
  126         responsibilities with respect to the property and
  127         personal affairs of clients; providing requirements
  128         for a licensee with respect to obtaining surety bonds;
  129         providing recordkeeping requirements relating to the
  130         safekeeping of personal effects; providing
  131         requirements for trust funds or other property
  132         received by a licensee and credited to the client;
  133         providing a penalty for certain misuse of a client’s
  134         personal funds, property, or personal needs allowance;
  135         providing criminal penalties for violations; providing
  136         for the disposition of property in the event of the
  137         death of a client; authorizing the agency to adopt
  138         rules; providing legislative intent; authorizing the
  139         agency to adopt and enforce rules establishing
  140         standards for transitional living facilities and
  141         personnel thereof; classifying violations and
  142         providing penalties therefor; providing administrative
  143         fines for specified classes of violations; authorizing
  144         the agency to apply certain provisions with regard to
  145         receivership proceedings; requiring the agency, the
  146         Department of Health, the Agency for Persons with
  147         Disabilities, and the Department of Children and
  148         Families to develop electronic information systems for
  149         certain purposes; repealing s. 400.805, F.S., relating
  150         to transitional living facilities; revising the title
  151         of part V of chapter 400, F.S.; amending s. 381.745,
  152         F.S.; revising the definition of the term
  153         “transitional living facility,” to conform; amending
  154         s. 381.75, F.S.; revising the duties of the Department
  155         of Health and the agency relating to transitional
  156         living facilities; amending ss. 381.78, 400.93,
  157         408.802, and 408.820, F.S.; conforming provisions to
  158         changes made by the act; providing applicability with
  159         respect to transitional living facilities licensed
  160         before a specified date; amending s. 395.0191, F.S.;
  161         defining terms; prohibiting a health care facility
  162         from employing or contracting with a surgical
  163         assistant or surgical technologist under certain
  164         circumstances; providing exceptions; providing
  165         effective dates.