Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. HB 423, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1a/RE/2R         .                                
             03/09/2016 05:33 PM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment to Amendment (899458) (with title
    2  amendment)
    4         Between lines 123 and 124
    5  insert:
    6         Section 5. 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: certified surgical first
   16  assistant, from the National Board of Surgical Technology and
   17  Surgical Assisting; certified surgical assistant, from the
   18  National Surgical Assistant Association; or surgical assistant
   19  certified, from the American Board of Surgical Assistants.
   20         (b) “Certified surgical technologist” means a surgical
   21  technologist who maintains a valid and active certification as a
   22  certified surgical technologist from the National Board of
   23  Surgical Technology and Surgical Assisting.
   24         (c) “Surgeon” means a health care practitioner as defined
   25  in s. 456.001 whose scope of practice includes performing
   26  surgery and who is listed as the primary surgeon in the
   27  operative record.
   28         (d) “Surgical assistant” means a person who provides aid in
   29  exposure, hemostasis, closures, and other intraoperative
   30  technical functions and who assists the surgeon in performing a
   31  safe operation with optimal results for the patient.
   32         (e) “Surgical technologist” means a person whose duties
   33  include, but are not limited to, maintaining sterility during a
   34  surgical procedure, handling and ensuring the availability of
   35  necessary equipment and supplies, and maintaining visibility of
   36  the operative site to ensure that the operating room environment
   37  is safe, that proper equipment is available, and that the
   38  operative procedure is conducted efficiently.
   39         (7)(6) Upon the written request of the applicant, any
   40  licensed facility that has denied staff membership or clinical
   41  privileges to any applicant specified in subsection (2) or
   42  subsection (3) subsection (1) or subsection (2) shall, within 30
   43  days of such request, provide the applicant with the reasons for
   44  such denial in writing. A denial of staff membership or clinical
   45  privileges to any applicant shall be submitted, in writing, to
   46  the applicant’s respective licensing board.
   47         (12) At least 50 percent of the surgical assistants and 50
   48  percent of the surgical technologists that a licensed facility
   49  employs or with whom it contracts must be certified surgical
   50  assistants and certified surgical technologists, respectively.
   51  The requirements of this subsection do not apply to the
   52  following:
   53         (a) A person who has completed an appropriate training
   54  program for surgical technology in any branch of the Armed
   55  Forces or reserve component of the Armed Forces.
   56         (b) A person who was employed or contracted to perform the
   57  duties of a surgical technologist or surgical assistant at any
   58  time before July 1, 2016.
   59         (c) A health care practitioner as defined in s. 456.001 or
   60  a 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         (d) 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 another
   67  accrediting body recognized by the United States Department of
   68  Education on July 1, 2016. A person may practice as a surgical
   69  technologist or a surgical assistant for 2 years after
   70  completion of such a training program before he or she is
   71  required to obtain a certification under this subsection.
   73  ================= T I T L E  A M E N D M E N T ================
   74  And the title is amended as follows:
   75         Between lines 1017 and 1018
   76  insert:
   77         s. 395.0191, F.S.; defining terms; requiring a certain
   78         percentage of surgical assistants and surgical
   79         technologists employed or contracting with a hospital
   80         to be certified; providing exceptions to the
   81         certification requirement; conforming cross
   82         references; amending