Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS for CS for SB 976
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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 Section 383.336, Florida Statutes, is repealed.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.