Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. SB 586
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             02/18/2016 10:27 AM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 14 and 15
    4  insert:
    5         Section 2. Present subsections (1) through (10) of section
    6  395.0191, Florida Statutes, are redesignated as subsections (2)
    7  through (11), respectively, present subsection (6) of that
    8  section is amended, and a new subsection (1) and subsection (12)
    9  are added to that section, 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: certified surgical first
   15  assistant, from the National Board of Surgical Technology and
   16  Surgical Assisting; certified surgical assistant, from the
   17  National Surgical Assistant Association; or surgical assistant
   18  certified, from the American Board of Surgical Assistants.
   19         (b) “Certified surgical technologist” means a surgical
   20  technologist who maintains a valid and active certification as a
   21  certified surgical technologist from the National Board of
   22  Surgical Technology and Surgical Assisting.
   23         (c) “Surgeon” means a health care practitioner as defined
   24  in s. 456.001 whose scope of practice includes performing
   25  surgery and who is listed as the primary surgeon in the
   26  operative record.
   27         (d) “Surgical assistant” means a person who provides aid in
   28  exposure, hemostasis, closures, and other intraoperative
   29  technical functions and who assists the surgeon in performing a
   30  safe operation with optimal results for the patient.
   31         (e) “Surgical technologist” means a person whose duties
   32  include, but are not limited to, maintaining sterility during a
   33  surgical procedure, handling and ensuring the availability of
   34  necessary equipment and supplies, and maintaining visibility of
   35  the operative site to ensure that the operating room environment
   36  is safe, that proper equipment is available, and that the
   37  operative procedure is conducted efficiently.
   38         (7)(6) Upon the written request of the applicant, any
   39  licensed facility that has denied staff membership or clinical
   40  privileges to any applicant specified in subsection (1) or
   41  subsection (2) or subsection (3) shall, within 30 days of such
   42  request, provide the applicant with the reasons for such denial
   43  in writing. A denial of staff membership or clinical privileges
   44  to any applicant shall be submitted, in writing, to the
   45  applicant’s respective licensing board.
   46         (12) At least 50 percent of the surgical assistants and 50
   47  percent of the surgical technologists that a facility employs or
   48  with whom it contracts must be certified surgical assistants and
   49  certified surgical technologists, respectively. The requirements
   50  of this subsection do not apply to the following:
   51         (a) A person who has completed an appropriate training
   52  program for surgical technology in any branch or reserve
   53  component of the United States Armed Forces.
   54         (b) A person who was employed or contracted to perform the
   55  duties of a surgical technologist or surgical assistant at any
   56  time before July 1, 2016.
   57         (c) A health care practitioner as defined in s. 456.001 or
   58  a student if the duties performed by the practitioner or the
   59  student are within the scope of the practitioner’s or the
   60  student’s training and practice.
   61         (d) A person enrolled in a surgical technology or surgical
   62  assisting training program accredited by the Commission on
   63  Accreditation of Allied Health Education Programs, the
   64  Accrediting Bureau of Health Education Schools, or another
   65  accrediting body recognized by the United States Department of
   66  Education on July 1, 2016. A person may practice as a surgical
   67  technologist or a surgical assistant for 2 years after
   68  completion of such a training program before he or she is
   69  required to obtain a certification under this subsection.
   71  ================= T I T L E  A M E N D M E N T ================
   72  And the title is amended as follows:
   73         Between lines 5 and 6
   74  insert:
   75         amending s. 395.0191, F.S.; defining terms; requiring
   76         a certain percentage of surgical assistants or
   77         surgical technologists employed by or contracting with
   78         a facility to be certified; providing exceptions to
   79         such certification requirements;