SB 586                                           First Engrossed
       
       
       
       
       
       
       
       
       2016586e1
       
    1                        A bill to be entitled                      
    2         An act relating to responsibilities of health care
    3         providers; repealing s. 383.336, F.S., relating to
    4         practice parameters for physicians performing
    5         caesarean section deliveries in provider hospitals;
    6         amending s. 395.0191, F.S.; defining terms; requiring
    7         a certain percentage of surgical assistants or
    8         surgical technologists employed by or contracting with
    9         a facility to be certified; providing exceptions to
   10         such certification requirements; creating s. 395.0192,
   11         F.S.; requiring a hospital to notify certain
   12         obstetrical physicians within a specified timeframe
   13         before the hospital closes its obstetrical department
   14         or ceases to provide obstetrical services; providing
   15         an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 383.336, Florida Statutes, is repealed.
   20         Section 2. Present subsections (1) through (10) of section
   21  395.0191, Florida Statutes, are redesignated as subsections (2)
   22  through (11), respectively, present subsection (6) of that
   23  section is amended, and a new subsection (1) and subsection (12)
   24  are added to that section, to read:
   25         395.0191 Staff membership and clinical privileges.—
   26         (1) As used in this section, the term:
   27         (a) “Certified surgical assistant” means a surgical
   28  assistant who maintains a valid and active certification under
   29  one of the following designations: certified surgical first
   30  assistant, from the National Board of Surgical Technology and
   31  Surgical Assisting; certified surgical assistant, from the
   32  National Surgical Assistant Association; or surgical assistant
   33  certified, from the American Board of Surgical Assistants.
   34         (b) “Certified surgical technologist” means a surgical
   35  technologist who maintains a valid and active certification as a
   36  certified surgical technologist from the National Board of
   37  Surgical Technology and Surgical Assisting.
   38         (c) “Surgeon” means a health care practitioner as defined
   39  in s. 456.001 whose scope of practice includes performing
   40  surgery and who is listed as the primary surgeon in the
   41  operative record.
   42         (d) “Surgical assistant” means a person who provides aid in
   43  exposure, hemostasis, closures, and other intraoperative
   44  technical functions and who assists the surgeon in performing a
   45  safe operation with optimal results for the patient.
   46         (e) “Surgical technologist” means a person whose duties
   47  include, but are not limited to, maintaining sterility during a
   48  surgical procedure, handling and ensuring the availability of
   49  necessary equipment and supplies, and maintaining visibility of
   50  the operative site to ensure that the operating room environment
   51  is safe, that proper equipment is available, and that the
   52  operative procedure is conducted efficiently.
   53         (7)(6) Upon the written request of the applicant, any
   54  licensed facility that has denied staff membership or clinical
   55  privileges to any applicant specified in subsection (1) or
   56  subsection (2) or subsection (3) shall, within 30 days of such
   57  request, provide the applicant with the reasons for such denial
   58  in writing. A denial of staff membership or clinical privileges
   59  to any applicant shall be submitted, in writing, to the
   60  applicant’s respective licensing board.
   61         (12) At least 50 percent of the surgical assistants and 50
   62  percent of the surgical technologists that a facility employs or
   63  with whom it contracts must be certified surgical assistants and
   64  certified surgical technologists, respectively. The requirements
   65  of this subsection do not apply to the following:
   66         (a) A person who has completed an appropriate training
   67  program for surgical technology in any branch or reserve
   68  component of the United States Armed Forces.
   69         (b) A person who was employed or contracted to perform the
   70  duties of a surgical technologist or surgical assistant at any
   71  time before July 1, 2016.
   72         (c) A health care practitioner as defined in s. 456.001 or
   73  a student if the duties performed by the practitioner or the
   74  student are within the scope of the practitioner’s or the
   75  student’s training and practice.
   76         (d) A person enrolled in a surgical technology or surgical
   77  assisting training program accredited by the Commission on
   78  Accreditation of Allied Health Education Programs, the
   79  Accrediting Bureau of Health Education Schools, or another
   80  accrediting body recognized by the United States Department of
   81  Education on July 1, 2016. A person may practice as a surgical
   82  technologist or a surgical assistant for 2 years after
   83  completion of such a training program before he or she is
   84  required to obtain a certification under this subsection.
   85         Section 3. Section 395.0192, Florida Statutes, is created
   86  to read:
   87         395.0192 Duty to notify physicians.—A hospital shall notify
   88  each obstetrical physician who has privileges at the hospital at
   89  least 120 days before the hospital closes its obstetrical
   90  department or ceases to provide obstetrical services.
   91         Section 4. This act shall take effect July 1, 2016.