Florida Senate - 2022                                    SB 1828
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01721B-22                                          20221828__
    1                        A bill to be entitled                      
    2         An act relating to surgical technology and central
    3         service technician services; creating part XVII of ch.
    4         468, F.S., entitled “Surgical Technology and Central
    5         Service Technician Services”; providing legislative
    6         intent; defining terms; authorizing health care
    7         facilities to employ or otherwise retain the services
    8         of persons to perform surgical technology or central
    9         service technician services if they meet specified
   10         criteria; providing construction; authorizing central
   11         service technicians to satisfy certain requirements
   12         within a specified timeframe after their date of hire;
   13         providing continuing education requirements for
   14         central service technicians; providing requirements
   15         for such continuing education; requiring health care
   16         facilities to verify in writing the dates of
   17         employment or contract periods for central service
   18         technicians, upon written request; providing
   19         construction; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Part XVII of chapter 468, Florida Statutes,
   24  consisting of sections 468.91, 468.93, 468.95, and 468.97,
   25  Florida Statutes, is created to read:
   26  
   27                              PART XVII                            
   28               SURGICAL TECHNOLOGY AND CENTRAL SERVICE             
   29                         TECHNICIAN SERVICES                       
   30  
   31         468.91Legislative intent.—The sole legislative purpose for
   32  enacting this part is to ensure that every new surgical
   33  technologist or central service technician employed in this
   34  state meets minimum requirements for safe practice as a member
   35  of a surgical care team. It is the intent of the Legislature
   36  that surgical technologists or central service technicians who
   37  fall below minimum competency or who otherwise present a danger
   38  to the public health and safety be prohibited from practicing in
   39  this state.
   40         468.93Definitions.—As used in this part, the term:
   41         (1)“Central service technician” means a person who
   42  decontaminates, inspects, assembles, packages, and sterilizes
   43  reusable medical instruments or devices being used by a health
   44  care facility.
   45         (2)“Health care facility” means a hospital or an
   46  ambulatory surgical center as those terms are defined in s.
   47  395.002.
   48         (3)“Health care practitioner” means a person licensed or
   49  certified under chapter 457; chapter 458; chapter 459; chapter
   50  460; chapter 461; chapter 462; chapter 463; chapter 464; chapter
   51  465; chapter 466; chapter 467; part I, part II, part III, part
   52  IV, part V, and part XIV of chapter 468; chapter 478; chapter
   53  480; chapter 483; chapter 485; chapter 486; chapter 490; or
   54  chapter 491.
   55         (4)“Surgical technologist” means a person who provides
   56  surgical technology services and is not a health care
   57  practitioner.
   58         (5)“Surgical technology” means surgical services,
   59  including, but not limited to, the following:
   60         (a)Preparing the operating room and the sterile field for
   61  surgical procedures by ensuring that surgical equipment is
   62  functioning properly and safely and using sterile techniques to
   63  prepare supplies, instruments, and equipment.
   64         (b)Intraoperative care and response to the needs of a
   65  health care practitioner by monitoring the sterile field and
   66  providing the required instruments or supplies.
   67         (c)Performance of tasks at the sterile field in an
   68  operating room setting, including:
   69         1.Passing supplies, equipment, or instruments.
   70         2.Sponging or suctioning an operative site.
   71         3.Preparing and cutting suture material.
   72         4.Transferring and irrigating with fluids.
   73         5.Transferring, but not administering, drugs within the
   74  sterile field.
   75         6.Handling specimens.
   76         7.Holding retractors.
   77         8.Assisting in counting sponges, needles, supplies, and
   78  instruments.
   79         468.95Training and certification requirements for surgical
   80  technologists.—
   81         (1)A health care facility shall only employ or otherwise
   82  retain the services of a person to perform surgical technology
   83  if such person:
   84         (a)Has successfully completed an accredited surgical
   85  technologist program and holds and maintains a certified
   86  surgical technologist credential administered by the National
   87  Board of Surgical Technology and Surgical Assisting or its
   88  successor;
   89         (b)Has successfully completed an accredited surgical
   90  technologist program, but has not, as of the date of hire,
   91  obtained the certified surgical technologist certification
   92  required in paragraph (a), provided that such certification
   93  shall be obtained within 12 months after the graduation date;
   94         (c)Was employed as a surgical technologist in a health
   95  care facility on or before December 31, 2022; or
   96         (d)Has successfully completed a surgical technologist
   97  program in the United States Army, Navy, or Air Force or as a
   98  surgical technologist in the commissioned corps of the United
   99  States Public Health Service which has been deemed appropriate
  100  by the State Surgeon General.
  101         (2)This section does not prohibit a health care
  102  practitioner from performing surgical technology services if he
  103  or she is acting within the scope of his or her license or
  104  certification.
  105         468.97Training and certification requirements for central
  106  service technicians.—
  107         (1)A health care facility shall only employ or otherwise
  108  retain the services of a person to perform as a central service
  109  technician if such person has successfully passed a nationally
  110  accredited exam for central service technicians and:
  111         (a)Holds and maintains one of the following credentials
  112  administered by a nationally accredited central service
  113  technician credentialing organization:
  114         1.A certified registered central service technician
  115  credential.
  116         2.A certified sterile processing and distribution
  117  technician credential; or
  118         (b)Provides evidence that he or she was employed by or
  119  provided services of a central service technician to a health
  120  care facility on or before December 31, 2022.
  121         (2)A central service technician who does not meet the
  122  requirements of subsection (1) shall have 18 months from the
  123  date of hire to obtain the certified registered central service
  124  technician credential or the certified sterile processing and
  125  distribution technician credential.
  126         (3)A person who qualifies as a central service technician
  127  in a health care facility under subsection (1) must annually
  128  complete at least 10 hours of continuing education credits to
  129  continue employment as a central service technician. The
  130  continuing education required under this subsection shall be in
  131  the area related to the functions of a central service
  132  technician.
  133         (4)A health care facility shall, upon the written request
  134  of a central service technician, verify, in writing, the central
  135  service technician’s dates of employment or the contract period
  136  during which the central service technician provided services to
  137  the health care facility.
  138         (5)This section does not prohibit the following persons
  139  from performing the tasks or functions of a central service
  140  technician:
  141         (a)A health care practitioner if he or she is acting
  142  within the scope of his or her license or certification.
  143         (b)A student or intern if he or she is performing the
  144  functions of a central service technician under the direct
  145  supervision of a health care practitioner as part of the
  146  student’s or intern’s training or internship.
  147         (c)A person who holds or maintains a registration,
  148  certification, or license from a nationally accredited
  149  credentialing organization to perform health services.
  150         Section 2. This act shall take effect July 1, 2022.