Bill Text: NY S04563 | 2011-2012 | General Assembly | Introduced

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

---

Bill Title: Relates to the practice of surgical technology and surgical technologists; defines terms.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Vetoed) 2011-09-23 - VETOED MEMO.75 [S04563 Detail]

Download: New_York-2011-S04563-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4563
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 12, 2011
                                      ___________
       Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health law, in relation to  the  practice  of
         surgical technology and surgical technologists
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  2823 to read as follows:
    3    S  2823.   PRACTICE OF SURGICAL TECHNOLOGY AND SURGICAL TECHNOLOGISTS.
    4  1.  AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
    5  ING MEANINGS:
    6    (A)  "HEALTH  CARE  FACILITY"  MEANS  A  HOSPITAL, AMBULATORY SURGICAL
    7  CENTER, OR FREESTANDING  SURGICAL  OUTPATIENT  FACILITY  AS  DEFINED  BY
    8  SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
    9    (B)  "SURGICAL  TECHNOLOGIST"  MEANS  A  PERSON WHO PRACTICES SURGICAL
   10  TECHNOLOGY.
   11    (C) "SURGICAL TECHNOLOGY" MEANS SURGICAL PATIENT CARE  THAT  INCLUDES,
   12  BUT IS NOT LIMITED TO, THE FOLLOWING TASKS OR FUNCTIONS:
   13    (I)  PREPARING  THE OPERATING ROOM FOR SURGICAL PROCEDURES BY ENSURING
   14  THAT SURGICAL EQUIPMENT IS FUNCTIONING PROPERLY AND SAFELY;
   15    (II) PREPARING THE OPERATING ROOM AND THE STERILE FIELD  FOR  SURGICAL
   16  PROCEDURES  BY  PREPARING  STERILE  SUPPLIES, INSTRUMENTS, AND EQUIPMENT
   17  USING STERILE TECHNIQUE;
   18    (III) ANTICIPATING THE NEEDS OF THE SURGICAL TEAM BASED  ON  KNOWLEDGE
   19  OF HUMAN ANATOMY AND PATHOPHYSIOLOGY AND HOW THEY RELATE TO THE SURGICAL
   20  PATIENT AND THE PATIENT'S SURGICAL PROCEDURE; AND
   21    (IV) AS DIRECTED, PERFORMING TASKS AT THE STERILE FIELD INCLUDING:
   22    (A)  IDENTIFYING  AND  CORRECTING  ASEPSIS  AND  BREAKS IN THE STERILE
   23  FIELD;
   24    (B) PASSING SUPPLIES, EQUIPMENT OR INSTRUMENTS;
   25    (C) SPONGING OR SUCTIONING AN OPERATIVE SITE;
   26    (D) PREPARING AND CUTTING SUTURE MATERIAL;
   27    (E) TRANSFERRING AND IRRIGATING WITH FLUIDS;
   28    (F) TRANSFERRING DRUGS WITHIN THE STERILE FIELD;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09904-01-1
       S. 4563                             2
    1    (G) HANDLING SPECIMENS;
    2    (H) HOLDING RETRACTORS AND OTHER INSTRUMENTS;
    3    (I) APPLYING ELECTROCAUTERY TO CLAMPS ON BLEEDERS;
    4    (J) CONNECTING DRAINS TO SUCTION APPARATUS;
    5    (K) APPLYING DRESSINGS TO CLOSED WOUNDS; AND
    6    (L)  PERFORMING SPONGE, NEEDLE, SUPPLY, AND INSTRUMENT COUNTS WITH THE
    7  REGISTERED NURSE CIRCULATOR.
    8    2. A PERSON MAY NOT PRACTICE SURGICAL  TECHNOLOGY  IN  A  HEALTH  CARE
    9  FACILITY UNLESS THE PERSON MEETS ONE OF THE FOLLOWING:
   10    (A)  HAS  SUCCESSFULLY  COMPLETED  A NATIONALLY ACCREDITED EDUCATIONAL
   11  PROGRAM FOR SURGICAL TECHNOLOGISTS AND HOLDS AND MAINTAINS THE CERTIFIED
   12  SURGICAL TECHNOLOGIST CREDENTIAL ADMINISTERED BY THE NATIONAL  BOARD  OF
   13  SURGICAL TECHNOLOGY AND SURGICAL ASSISTING OR ITS SUCCESSOR;
   14    (B)  HAS  COMPLETED AN APPROPRIATE TRAINING PROGRAM FOR SURGICAL TECH-
   15  NOLOGY IN THE UNITED STATES ARMY, NAVY, AIR FORCE, MARINE  CORPS,  COAST
   16  GUARD OR PUBLIC HEALTH SERVICE COMMISSIONED CORPS;
   17    (C)  PROVIDES EVIDENCE THAT THE PERSON WAS EMPLOYED TO PRACTICE SURGI-
   18  CAL TECHNOLOGY IN A HEALTH CARE FACILITY ON THE EFFECTIVE DATE  OF  THIS
   19  SECTION; OR
   20    (D)  IS  IN  THE  SERVICE OF THE FEDERAL GOVERNMENT, TO THE EXTENT THE
   21  PERSON IS PERFORMING DUTIES RELATED TO THAT SERVICE.
   22    A PERSON MAY BE EMPLOYED OR CONTRACTED TO PRACTICE SURGICAL TECHNOLOGY
   23  DURING  THE  TWELVE  MONTH  PERIOD  IMMEDIATELY   FOLLOWING   SUCCESSFUL
   24  COMPLETION  OF A SURGICAL TECHNOLOGY PROGRAM, BUT MAY NOT CONTINUE TO BE
   25  EMPLOYED OR CONTRACTED WITH BEYOND  THAT  PERIOD  WITHOUT  DOCUMENTATION
   26  THAT THE EMPLOYEE OR CONTRACTOR HOLDS AND MAINTAINS THE CERTIFIED SURGI-
   27  CAL  TECHNOLOGIST  CREDENTIAL REQUIRED IN PARAGRAPH (A) OF THIS SUBDIVI-
   28  SION.
   29    A HEALTH CARE FACILITY SHALL NOT EMPLOY OR OTHERWISE CONTRACT FOR  THE
   30  SERVICES OF A SURGICAL TECHNOLOGIST UNLESS THE PERSON MEETS THE REQUIRE-
   31  MENTS OF THIS SECTION.
   32    3.  A PERSON WHO QUALIFIES TO PRACTICE SURGICAL TECHNOLOGY IN A HEALTH
   33  CARE FACILITY UNDER PARAGRAPHS (B) OR (C) OF  SUBDIVISION  TWO  OF  THIS
   34  SECTION  MUST ANNUALLY COMPLETE FIFTEEN HOURS OF CONTINUING EDUCATION TO
   35  REMAIN QUALIFIED TO PRACTICE AS A SURGICAL TECHNOLOGIST.
   36    A HEALTH CARE FACILITY THAT EMPLOYS OR  CONTRACTS  WITH  A  PERSON  TO
   37  PRACTICE  SURGICAL  TECHNOLOGY  SHALL  VERIFY  THAT THE PERSON MEETS THE
   38  CONTINUING EDUCATION REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVISION TWO OF
   39  THIS SECTION OR, WHERE APPLICABLE, THAT THE PERSON  HAS  MAINTAINED  THE
   40  CERTIFIED SURGICAL TECHNOLOGIST CREDENTIAL.
   41    4.  A  HEALTH  CARE  FACILITY  MAY EMPLOY OR OTHERWISE CONTRACT WITH A
   42  PERSON WHO DOES NOT MEET THE REQUIREMENTS OF  SUBDIVISION  TWO  OF  THIS
   43  SECTION TO PRACTICE SURGICAL TECHNOLOGY IN A HEALTH CARE FACILITY IF:
   44    (A)  AFTER  A  DILIGENT  AND THOROUGH EFFORT HAS BEEN MADE, THE HEALTH
   45  CARE FACILITY IS UNABLE TO EMPLOY OR CONTRACT WITH A  SUFFICIENT  NUMBER
   46  OF  QUALIFIED  SURGICAL  TECHNOLOGISTS WHO MEET THE REQUIREMENTS OF THIS
   47  SECTION; AND
   48    (B) THE HEALTH CARE FACILITY MAKES A WRITTEN  RECORD  OF  ITS  EFFORTS
   49  UNDER  PARAGRAPH  (A)  OF THIS SUBDIVISION AND RETAINS THE RECORD AT THE
   50  HEALTH FACILITY.
   51    5. NOTHING IN THIS SECTION SHALL PROHIBIT  ANY  LICENSED  PRACTITIONER
   52  FROM  PERFORMING SURGICAL TECHNOLOGY TASKS OR FUNCTIONS IF THE PERSON IS
   53  ACTING WITHIN THE SCOPE OF HIS OR HER LICENSE.
   54    6. THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS SECTION.
   55    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   56  have become a law.