Senate Bill sb2226

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    Florida Senate - 2002                                  SB 2226

    By Senator Peaden





    1-1152-02

  1                      A bill to be entitled

  2         An act relating to medical practice; amending

  3         s. 395.0197, F.S.; providing for primary

  4         surgeons to select surgical first assistants;

  5         creating s. 627.6572, F.S.; requiring insurers

  6         to provide coverage for surgical first

  7         assistants; amending s. 641.31, requiring

  8         health maintenance organizations to provide

  9         coverage for surgical first assistants;

10         providing an effective date.

11

12  Be It Enacted by the Legislature of the State of Florida:

13

14         Section 1.  Paragraph (b) of subsection (1) of section

15  395.0197, Florida Statutes, is amended to read:

16         395.0197  Internal risk management program.--

17         (1)  Every licensed facility shall, as a part of its

18  administrative functions, establish an internal risk

19  management program that includes all of the following

20  components:

21         (b)  The development of appropriate measures to

22  minimize the risk of adverse incidents to patients, including,

23  but not limited to:

24         1.  Risk management and risk prevention education and

25  training of all nonphysician personnel as follows:

26         a.  Such education and training of all nonphysician

27  personnel as part of their initial orientation; and

28         b.  At least 1 hour of such education and training

29  annually for all personnel of the licensed facility working in

30  clinical areas and providing patient care, except those

31  persons licensed as health care practitioners who are required

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    Florida Senate - 2002                                  SB 2226
    1-1152-02




  1  to complete continuing education coursework pursuant to

  2  chapter 456 or the respective practice act.

  3         2.  A prohibition, except when emergency circumstances

  4  require otherwise, against a staff member of the licensed

  5  facility attending a patient in the recovery room, unless the

  6  staff member is authorized to attend the patient in the

  7  recovery room and is in the company of at least one other

  8  person.  However, a licensed facility is exempt from the

  9  two-person requirement if it has:

10         a.  Live visual observation;

11         b.  Electronic observation; or

12         c.  Any other reasonable measure taken to ensure

13  patient protection and privacy.

14         3.  A prohibition against an unlicensed person from

15  assisting or participating in any surgical procedure unless

16  the facility has authorized the person to do so following a

17  competency assessment, and such assistance or participation is

18  done under the direct and immediate supervision of a licensed

19  physician and is not otherwise an activity that may only be

20  performed by a licensed health care practitioner.

21  Notwithstanding the other provisions of this subparagraph, the

22  primary operating surgeon may determine the need for and

23  select the surgical first assistant from the facility's

24  medical staff.

25         4.  Development, implementation, and ongoing evaluation

26  of procedures, protocols, and systems to accurately identify

27  patients, planned procedures, and the correct site of the

28  planned procedure so as to minimize the performance of a

29  surgical procedure on the wrong patient, a wrong surgical

30  procedure, a wrong-site surgical procedure, or a surgical

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    Florida Senate - 2002                                  SB 2226
    1-1152-02




  1  procedure otherwise unrelated to the patient's diagnosis or

  2  medical condition.

  3         Section 2.  Section 627.6572, Florida Statutes, is

  4  created to read:

  5         627.6572  Surgical first assistants.--An insurer must

  6  provide coverage for the medically necessary services of a

  7  surgical first assistant, as defined by the American College

  8  of Surgeons, selected by the primary surgeon to assist in a

  9  covered surgical procedure.

10         Section 3.  Subsection (40) is added to section 641.31,

11  Florida Statutes, to read:

12         641.31  Health maintenance contracts.--

13         (40)  A health maintenance organization must provide

14  coverage for the medically necessary services of a surgical

15  first assistant, as defined by the American College of

16  Surgeons, selected by a primary surgeon contracted with the

17  health maintenance organization to assist in a covered

18  surgical procedure. If the use of contracted surgeons is

19  mandated for a specific procedure, the health maintenance

20  organization may also require that the surgical first

21  assistant be contracted with the health maintenance

22  organization.

23         Section 4.  This act shall take effect July 1, 2002.

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25            *****************************************

26                          SENATE SUMMARY

27    Requires insurers and health maintenance organizations to
      provide coverage for surgical first assistants and
28    provides for primary operating surgeons to select them.

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30

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