Bill Text: IL SB1749 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Creates the Surgical Technologists Act. Provides that a person may not practice surgical technology in a health care facility unless the person (i) has successfully completed a nationally accredited educational program for surgical technologists and holds and maintains the Certified Surgical Technologist credential, (ii) completed an appropriate training program for surgical technology in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States or in the United States Public Health Service Commissioned Corps, (iii) provides evidence that the person was employed to practice surgical technology in a health care facility on the effective date of the Act, or (iv) is in the service of the federal government. Provides that a health care facility may employ a surgical technologist who does not meet the requirements of this Section under specified circumstances. Provides for continuing education requirements. Contains provisions concerning supervision. Effective January 1, 2012.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB1749 Detail]

Download: Illinois-2011-SB1749-Amended.html

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Sen. M. Maggie Crotty

Filed: 3/11/2011

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AMENDMENT TO SENATE BILL 1749
AMENDMENT NO. ______. Amend Senate Bill 1749 by replacing
everything after the enacting clause with the following:
"Section 5. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Sections 10, 40, and 50 as follows:
(225 ILCS 130/10)
(Section scheduled to be repealed on January 1, 2014)
Sec. 10. Definitions. As used in this Act:
"Department" means the Department of Professional
Regulation.
"Direct supervision" means supervision by an operating
physician, licensed podiatrist, or licensed dentist who is
physically present and who personally directs delegated acts
and remains available to personally respond to an emergency
until the patient is released from the operating room. A

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registered professional nurse may also provide direct
supervision within the scope of his or her license. A
registered surgical assistant or registered surgical
technologist shall perform duties as assigned.
"Director" means the Director of Professional Regulation.
"Physician" or "operating physician" means a person
licensed to practice medicine in all of its branches under the
Medical Practice Act of 1987.
"Registered surgical assistant" means a person who (i) is
not licensed to practice medicine in all of its branches, (ii)
is certified by the National Surgical Assistant Association on
the Certification of Surgical Assistants, the Liaison Council
on Certification for the Surgical Technologist as a certified
first assistant, or the American Board of Surgical Assisting,
(iii) performs duties under direct supervision, (iv) provides
services only in a licensed hospital, ambulatory treatment
center, or office of a physician licensed to practice medicine
in all its branches, and (v) is registered under this Act.
"Registered surgical technologist" means a person who (i)
is not a physician licensed to practice medicine in all of its
branches, (ii) is certified by the National Board of Surgical
Technology and Surgical Assisting or is otherwise qualified
under this Act, Liaison Council on Certification for the
Surgical Technologist, (iii) performs duties, tasks, and
functions under direct supervision, including, but not limited
to, preparing the operating room for surgical procedures by

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ensuring that the surgical equipment is functioning properly
and safely, preparing the operating room and sterile field
using sterile technique, and performing, as directed, tasks at
the sterile field to assist in the surgical procedure, (iv)
provides services only in a licensed hospital, ambulatory
treatment center, or office of a physician licensed to practice
medicine in all its branches, and (v) is registered under this
Act.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/40)
(Section scheduled to be repealed on January 1, 2014)
Sec. 40. Application of Act. This Act shall not be
construed to prohibit the following:
(1) A person licensed in this State under any other Act
from engaging in the practice for which he or she is
licensed, including but not limited to a physician licensed
to practice medicine in all its branches, physician
assistant, advanced practice registered nurse, or nurse
performing surgery-related tasks within the scope of his or
her license, nor are these individuals required to be
registered under this Act.
(2) A person from engaging in practice as a surgical
assistant or surgical technologist in the discharge of his
or her official duties as an employee of the United States
government.

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(3) One or more registered surgical assistants from
forming a professional service corporation in accordance
with the Professional Service Corporation Act and applying
for licensure as a corporation providing surgical
assistant services.
(4) A student engaging in practice as a surgical
assistant or surgical technologist under the direct
supervision of a physician licensed to practice medicine in
all of its branches as part of his or her program of study
at a school approved by the Department or in preparation to
qualify for the examination as prescribed under Sections 45
and 50 of this Act.
(5) A person from assisting in surgery at an operating
physician's discretion, including but not limited to
medical students and residents, nor are medical students
and residents required to be registered under this Act.
(6) A hospital, health system or network, ambulatory
surgical treatment center, physician licensed to practice
medicine in all its branches, physician medical group, or
other entity that provides surgery-related services from
employing individuals that the entity considers competent
to practice as surgical assistants assist in surgery. These
entities are not required to utilize registered surgical
assistants or registered surgical technologists when
providing surgery-related services to patients. Nothing in
this subsection shall be construed to limit the ability of

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an employer to utilize the services of any person to
practice as a surgical assistant and assist in surgery
within the employment setting consistent with the
individual's skill and training.
(Source: P.A. 93-280, eff. 7-1-04.)
(225 ILCS 130/50)
(Section scheduled to be repealed on January 1, 2014)
Sec. 50. Registration requirements; surgical technologist.
A person shall qualify for registration as a surgical
technologist if he or she has applied in writing on the
prescribed form, has paid the required fees, and meets all of
the following requirements:
(1) Is at least 18 years of age.
(2) Has not violated a provision of Section 95 of this
Act. In addition the Department may take into consideration
any felony conviction of the applicant, but a conviction
shall not operate as an absolute bar to registration.
(3) Satisfies one or more of the following
requirements:
(A) has Has completed a nationally accredited
surgical technologist program approved by the
Department and holds and maintains the certified
surgical technologist credential administered by the
National Board of Surgical Technology and Surgical
Assisting or its successor;

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(B) is currently certified by the National Board of
Surgical Technology and Surgical Assisting or its
successor agency and has met the requirements set forth
for certification; .
(C) was employed to practice as a surgical
technologist by a hospital, ambulatory surgical
treatment center, a physician medical group, or other
entity that provides surgery-related services on the
effective date of this Act; or
(D) has successfully completed a surgical
technologist program in the Army, Navy, Air Force,
Marine Corps, or Coast Guard of the United States or in
the United States Public Health Service Commissioned
Corps.
(4) (Blank) Has successfully completed the surgical
technologist national certification examination provided
by the Liaison Council on Certification for the Surgical
Technologist or its successor agency.
(6) (Blank) Is currently certified by the Liaison
Council on Certification for the Surgical Technologist or
its successor agency and has met the requirements set forth
for certification.
(Source: P.A. 93-280, eff. 7-1-04.)
Section 99. Effective date. This Act takes effect upon
becoming law.".