Bill Text: CA AB2062 | 2013-2014 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
BILL NUMBER: AB 2062 INTRODUCED BILL TEXT 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 introduced, 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 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 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, 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. (2) Provides evidence that the individual was employed to practice surgical technology in a health facility at any time between January 1, 2013, and January 1, 2015, inclusive. (b) 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 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) "Surgical technologist" means an individual who practices surgical technology. (3) "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.