Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 976
       
       
       
       
       
       
                                Ì421588LÎ421588                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/25/2014 09:49 AM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Before line 33
    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 Section 383.336, Florida Statutes, is repealed.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, a new subsection (1) and subsection
    9  (12) are added to that section, and present subsection (6) of
   10  that section is amended, 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, any
   42  licensed facility that has denied staff membership or clinical
   43  privileges to any applicant specified in subsection (2) (1) or
   44  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  any applicant shall be submitted, in writing, to the applicant’s
   48  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 a certified surgical assistant.
   52         (b) A facility may not employ or contract with any person
   53  to perform the duties of a surgical technologist unless the
   54  person is a certified surgical technologist.
   55         (c) Paragraphs (a) and (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 1 year after completion
   73  of such a training program before he or she is required to meet
   74  the criteria in paragraph (a) or paragraph (b).
   75         Section 3. Section 395.1051, Florida Statutes, is amended
   76  to read:
   77         395.1051 Duty to notify patients and obstetrical
   78  physicians.—
   79         (1) An appropriately trained person designated by each
   80  licensed facility shall inform each patient, or an individual
   81  identified pursuant to s. 765.401(1), in person about adverse
   82  incidents that result in serious harm to the patient.
   83  Notification of outcomes of care which that result in harm to
   84  the patient under this section does shall not constitute an
   85  acknowledgment or admission of liability and may not, nor can it
   86  be introduced as evidence.
   87         (2)A hospital shall notify each obstetrical physician who
   88  has privileges at the hospital at least 120 days before the
   89  hospital closes its obstetrical department or ceases to provide
   90  obstetrical services, unless the hospital can demonstrate it was
   91  impossible for the hospital to provide 120 days’ notice due to
   92  circumstances beyond the control of the hospital or the
   93  obstetrical physician.
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96  And the title is amended as follows:
   97         Delete line 2
   98  and insert:
   99         An act relating to health care; repealing s. 383.336,
  100         F.S., relating to provider hospitals; amending s.
  101         395.0191, F.S.; defining terms; prohibiting a health
  102         care facility from employing or contracting with a
  103         surgical assistant or surgical technologist under
  104         certain circumstances; providing exceptions; amending
  105         s. 395.1051, F.S.; requiring a hospital to notify
  106         obstetrical physicians before the hospital closes its
  107         obstetrical department or ceases to provide
  108         obstetrical services; amending s.