Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 532
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 141 and 142
    4  insert:
    5         Section 2. Present subsections (1) through (10) of section
    6  395.0191, Florida Statutes, are redesignated as subsections (3)
    7  through (12), respectively, new subsections (1) and (2) and
    8  subsection (13) are added to that section, and present
    9  subsection (6) of 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 patient
   28  record.
   29         (d) “Surgical assistant” means a person who provides
   30  assistance in exposure, hemostasis, closures, and other
   31  intraoperative technical functions and who assists the surgeon
   32  in safely performing a surgical procedure with optimal results
   33  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         (2)(a) At least 50 percent of the surgical assistants that
   42  a facility employs or contracts with must be certified surgical
   43  assistants or be excluded from the certification requirement
   44  under paragraph (c).
   45         (b) At least 50 percent of the surgical technologists that
   46  a facility employs or contracts with must be certified surgical
   47  technologists or be excluded from the certification requirement
   48  under paragraph (c).
   49         (c) The following persons are excluded from the
   50  certification requirement and count toward the required
   51  percentage in paragraph (a) or paragraph (b):
   52         1. A person who has completed an appropriate training
   53  program for surgical technology in any branch of the United
   54  States Armed Forces or reserve component of the United States
   55  Armed Forces.
   56         2. A person who was employed or contracted to perform the
   57  duties of a surgical technologist or surgical assistant before
   58  July 1, 2015.
   59         3. A health care practitioner as defined in s. 456.001 or a
   60  student if the duties performed by the practitioner or the
   61  student are within the scope of the practitioner’s or the
   62  student’s training and practice.
   63         4. A person enrolled in a surgical technology or surgical
   64  assisting training program accredited by the Commission on
   65  Accreditation of Allied Health Education Programs, the
   66  Accrediting Bureau of Health Education Schools, or other
   67  accrediting body recognized by the United States Department of
   68  Education on July 1, 2015. A person may practice as a surgical
   69  technologist or a surgical assistant for 2 years after
   70  completing such training program before he or she is required to
   71  meet the criteria in paragraph (a) or paragraph (b).
   72         (8)(6) Upon the written request of the applicant, any
   73  licensed facility that has denied staff membership or clinical
   74  privileges to any applicant specified in subsection (3) (1) or
   75  subsection (4) (2) shall, within 30 days after of such request,
   76  provide the applicant with the reasons for such denial in
   77  writing. A denial of staff membership or clinical privileges to
   78  any applicant shall be submitted, in writing, to the applicant’s
   79  respective licensing board.
   81  ================= T I T L E  A M E N D M E N T ================
   82  And the title is amended as follows:
   83         Delete line 15
   84  and insert:
   85         Legislature; amending s. 395.0191, F.S.; defining
   86         terms; requiring a certain percentage of surgical
   87         assistants or surgical technologists employed by or
   88         contracted with a facility to be certified; providing
   89         exceptions to the certification requirements;
   90         conforming cross-references; amending ss. 458.347 and
   91         459.022, F.S.;