Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 360 Barcode 581170 LEGISLATIVE ACTION Senate . House Comm: WD . 04/02/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Garcia) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (11) is added to section 395.0191, 6 Florida Statutes, to read: 7 (11) Surgical assistants and surgical technologists.— 8 (a) DEFINITIONS.—As used in this subsection, the term: 9 1. “Certified surgical assistant” means a surgical 10 assistant who maintains valid and active one of the following 11 certifications: 12 a. Certified Surgical First Assistant from the National 13 Board of Surgical Technology and Surgical Assisting. 14 b. Certified Surgical Assistant from the National Surgical 15 Assistant Association. 16 c. Surgical Assistant-Certified from the American Board of 17 Surgical Assistants. 18 2. “Certified surgical technologist” means a surgical 19 technologist who maintains valid and active certification as a 20 Certified Surgical Technologist from the National Board of 21 Surgical Technology and Surgical Assisting. 22 3. “Surgeon” means any health care practitioner as defined 23 in chapter 456 whose scope of practice includes performing 24 surgery and who is listed as the primary surgeon in the 25 operative record. 26 4. “Surgical assistant” means a person providing aid under 27 the supervision of a surgeon in exposure, hemostasis, closures, 28 and other intra-operative technical functions that assist the 29 surgeon in performing a safe operation with optimal results for 30 the patient. 31 5. “Surgical technologist” means a person who assists and 32 practices under the supervision of a surgeon to ensure that the 33 operating room environment is safe, that proper equipment is 34 available, and that the operative procedure is conducted 35 efficiently. Surgical technologist duties include, but are not 36 limited to, maintaining sterility during a surgical procedure, 37 handling and ensuring the availability of necessary equipment 38 and supplies, and maintaining visibility of the operative site. 39 (b) EMPLOYMENT LIMITATIONS.— 40 1. A facility may not employ or contract with any person to 41 perform the duties of a surgical assistant unless the person is 42 a certified surgical assistant. 43 2. A facility may not employ or contract with any person to 44 perform the duties of a surgical technologist unless the person 45 is a certified surgical technologist. 46 3. Subparagraphs 1. and 2. do not apply to: 47 a. A person who was employed or contracted to perform the 48 duties of a surgical technologist or a surgical assistant at any 49 time between January 1, 2013, and July 1, 2013. 50 b. Any health care practitioner as defined in chapter 456 51 or any student, if the duties he or she performs fall within the 52 scope of the practitioner’s or the student’s training and 53 practice. 54 c. Any person enrolled in a surgical technology or surgical 55 assisting training program accredited by the Commission on 56 Accreditation of Allied Health Education Programs, the 57 Accrediting Bureau of Health Education Schools, or another 58 accrediting body recognized by the United States Department of 59 Education, on July 1, 2013. A person may practice as a surgical 60 technologist or a surgical assistant for one year after 61 completion of such a training program before he or she is 62 required to meet the criteria in subparagraphs 1. or 2. 63 Section 2. Subsection (6) of section 627.419, Florida 64 Statutes, is amended to read: 65 627.419 Construction of policies.— 66 (6) Notwithstanding any other provision of law, if a
when67 anyhealth insurance policy, health care services plan, or other 68 contract provides for payment for surgical first assisting 69 benefits or services, the policy, plan, or contract shall is to70 be construed as providing for payment to: 71 (a) A registered nurse first assistant or a certified 72 surgical assistant as defined in s. 395.0191(11)(a); or 73 (b) An employer employersof a physician assistant, 74 certified surgical assistant, or registered nurse first 75 assistant who performs such services that are within the scope 76 of the aphysician assistant’s or the aregistered nurse first 77 assistant’s professional license or the certification of the 78 surgical assistant. 79 80 The provisions of This subsection applies applyonly if 81 reimbursement for an assisting physician, licensed under chapter 82 458 or chapter 459, would be covered and a physician assistant, 83 a certified surgical assistant, or a registered nurse first 84 assistant who performs such services is used as a substitute. 85 This subsection does not require reimbursement to a surgical 86 assistant if the assistant is employed by and is paid, or will 87 be paid, by the health care facility for the services performed. 88 Section 3. This act shall take effect July 1, 2013. 89 90 ================= T I T L E A M E N D M E N T ================ 91 And the title is amended as follows: 92 Delete everything before the enacting clause 93 and insert: 94 A bill to be entitled 95 An act relating to surgical assistants and surgical 96 technologists; amending s. 395.0191, F.S.; providing 97 definitions; providing requirements for health care 98 facilities employing or contracting with surgical 99 first assistants and surgical technologists; providing 100 exceptions to these requirements; amending s. 627.419, 101 F.S.; allowing for payment of surgical assistant 102 services under certain conditions; providing an 103 effective date.