Bill Text: CA AB2062 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health facilities: surgical technologists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-30 - Vetoed by Governor. [AB2062 Detail]

Download: California-2013-AB2062-Amended.html

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BILL NUMBER: AB 2062	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2014

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 20, 2014

   An act to add Section 1316.1 to the Health and Safety Code,
relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2062, as amended, Roger Hernández. Health facilities: surgical
technologists.
   Existing law provides for the licensure and regulation of health
facilities by the State Department of Public Health. A violation of
the provisions governing health facilities constitutes a misdemeanor.
Existing law requires specified health facilities to employ a
dietitian and requires health facilities owned and operated by the
state offering care within the scope of practice of a psychologist to
establish rules and medical staff bylaws that include provisions for
medical staff membership and clinical privileges for clinical
psychologists, as specified.
   This bill would prohibit a health facility  , as defined,
 from employing a surgical technologist or contracting with an
individual to practice surgical technology at the facility  ,
 unless the individual possesses specified training and
certification or was practicing surgical technology at a health
facility at any time  between January 1, 2013, and 
 prior to  January 1, 2015  , inclusive  .
The bill would exempt a facility from this requirement if the
facility documents its inability to recruit a sufficient number of
individuals that meet the  bill's  requirements 
of this act  ,  and would require that certain
individuals complete continuing education in surgical technology
annually,  as specified. The bill would specify that a
violation of these requirements is not a crime.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) Surgical technologists are coresponsible for the environmental
disinfection, safety, and efficiency of the operating room, and
their knowledge and experience with aseptic surgical techniques
qualifies them for a role of importance in the surgical suite.
   (b) The surgical technology profession has grown to meet the
continuing demand for well-educated, highly skilled, and versatile
individuals to work with physicians and surgeons and other skilled
professionals to deliver the highest possible level of patient care.
   (c) As surgical site infections have been found to be the second
most common hospital-acquired infections in the United States, a key
purpose of this act is to encourage the education, training, and
utilization of surgical technologists in California, given their role
in surgical settings in order to take specific steps to prevent
surgical site infections.
  SEC. 2.  Section 1316.1 is added to the Health and Safety Code, to
read:
   1316.1.  (a) A health facility shall not employ a surgical
technologist or otherwise contract with an individual to practice
surgical technology at the facility  ,  unless the
individual meets either of the following requirements:
   (1) Meets both of the following requirements:
   (A) Has successfully completed a nationally accredited educational
program for surgical technologists or a training program for
surgical technology provided by the United States Army, Navy, Air
Force, Marine Corps, Coast Guard, or Public Health Service.
   (B) Holds and maintains certification as a surgical technologist
by the National Board of Surgical Technology and Surgical Assisting
or its successor, or  another nationally accredited surgical
technologist credentialing organization   from the
National Center for Competency Testing or its successor  .
   (2) Provides evidence that the individual was employed to practice
surgical technology in a health facility at any time 
between January 1, 2013, and   prior   to 
January 1,  2015, inclusive   2015  . 

   (b) For purposes of paragraph (2) of subdivision (a), a health
facility that employs or contracts with surgical technologists shall,
upon request of another health facility pursuant to this section, or
upon request of a surgical technologist who is employed by, or has
contracted with, or who was formerly employed by or had contracted
with, the health facility to perform surgical technology tasks,
verify the dates of employment of, or a contract with, the surgical
technologist.  
   (b) 
    (c)    Notwithstanding subdivision (a), both of
the following shall apply:
   (1) A health facility may employ a surgical technologist or
contract with an individual to practice surgical technology at the
facility during the 12-month period immediately following the
individual's successful completion of an educational or training
program for surgical technology described in subparagraph (A) of
paragraph (1) of subdivision (a). The employment or contract shall
cease at the end of that 12-month period unless the individual
satisfies subparagraph (B) of paragraph (1) of subdivision (a).
   (2) A health facility may employ a surgical technologist or
otherwise contract with an individual to practice surgical technology
at the facility who does not meet the requirements of subdivision
(a) or paragraph (1) if both of the following requirements are
satisfied:
   (A) After a diligent and thorough effort has been made, the health
facility is unable to employ or contract with a sufficient number of
surgical technologists who meet the requirements of subdivision (a)
or paragraph (1).
   (B) The health facility makes a written record of the efforts
described in subparagraph (A) and retains that record at the
facility. 
   (c) An individual employed or under contract pursuant to paragraph
(2) of subdivision (a) or paragraph (2) of subdivision (b) shall
annually complete at least 15 hours of continuing education pertinent
to the practice of surgical technology. The facility shall verify
that the individual has satisfied this requirement. 
   (d) This section shall not be construed to prohibit a licensed
health care practitioner from performing tasks that fall within the
practice of surgical technology if the individual is acting within
the scope of practice of his or her license.
   (e) A violation of this section shall not be subject to Section
1290.
   (f) For purposes of this section, the following definitions shall
apply: 
   (1) "Health facility" means any health facility that is defined
pursuant to Section 1204 or 1250, and includes any outpatient setting
described in Section 1248.  
   (1) 
    (2)  "Health care practitioner" means a person who
engages in acts that are the subject of licensure or regulation under
Division 2 (commencing with Section 500) of the Business and
Professions Code or under any initiative act referred to in that
division. 
   (2) 
    (3)    "Surgical technologist" means an
individual who practices surgical technology. 
   (3) 
    (4)    "Surgical technology" means
intraoperative surgical patient care as follows:
   (A) At the direction of, or subject to supervision by, a physician
and surgeon, or registered nurse, preparing the operating room for
surgical procedures by ensuring that surgical equipment is
functioning properly and safely.
   (B) At the direction of, or subject to supervision by, a physician
and surgeon, or registered nurse, preparing the operating room and
the sterile field for surgical procedures by preparing sterile
supplies, instruments, and equipment using sterile technique.
   (C) Anticipating the needs of the surgical team based on knowledge
of human anatomy and pathophysiology and how they relate to the
surgical patient and the patient's surgical procedure.
   (D) As directed in an operating room setting, performing the
following tasks at the sterile field:
   (i) Passing supplies, equipment, or instruments.
   (ii) Sponging or suctioning an operative site.
   (iii) Preparing and cutting suture material.
   (iv) Transferring and pouring irrigation fluids.
   (v) Transferring but not administering drugs within the sterile
field.
   (vi) Handling specimens.
   (vii) Holding retractors and other instruments.
   (viii) Applying electrocautery to clamps on bleeders.
   (ix) Connecting drains to suction apparatus.
   (x) Applying dressings to closed wounds.
   (xi) Assisting in counting sponges, needles, supplies, and
instruments with the registered nurse circulator.
   (xii) Cleaning and preparing instruments for sterilization on
completion of the surgery.
   (xiii) Assisting the surgical team with cleaning of the operating
room on completion of the surgery.