Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 1594
Barcode 156390
LEGISLATIVE ACTION
Senate . House
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The Committee on Health Regulation (Garcia) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 458.3478, Florida Statutes, is created
6 to read:
7 (1) DEFINITIONS.—As used in this section, the term:
8 (a) “Direct supervision” requires the physical presence of
9 a supervising surgeon on the premises so that the surgeon is
10 immediately available as needed. For purposes of this section, a
11 surgeon is liable for any tasks performed under his or her
12 supervision.
13 (b) “Licensed surgical first assistant” means a surgical
14 first assistant who meets the qualifications for licensure under
15 this section.
16 (c) “Surgeon” means a physician licensed under this chapter
17 or ch. 459, a podiatrist licensed under ch. 461, or a dentist
18 licensed under ch. 466, who has completed appropriate training
19 in surgery and is listed as the primary surgeon in the operative
20 record.
21 (d) “Surgical first assistant” means a person who is listed
22 in the operative record as the first assistant. Surgical first
23 assistants perform duties delegated by a surgeon under his or
24 her direct supervision which aid the surgeon in safely
25 performing pre-operative, intra-operative, and post-operative
26 tasks. Such duties may include, but are not limited to,
27 positioning the patient, placing retractors, assisting with
28 wound closure, and applying wound dressings.
29 (2) PERFORMANCE OF SURGICAL FIRST ASSISTANTS.
30 (a) Only licensed surgical first assistants shall practice
31 as surgical first assistants in this state, except that other
32 licensed health care practitioners and students may practice as
33 surgical first assistants if they have been appropriately
34 trained and any delegated duties fall within their scope of
35 practice. Persons who were employed as surgical first assistants
36 as of July 1, 2012, shall be exempt from the provisions of this
37 section.
38 (b) The board may not limit by rule the employment
39 arrangement of a licensed surgical first assistant.
40 (3) SURGICAL FIRST ASSISTANT LICENSURE.—
41 (a) Any person desiring to be licensed as a surgical first
42 assistant who is not currently licensed in another state shall
43 apply to the department on forms furnished by the department.
44 The department shall license each applicant who the board
45 certifies:
46 1. Is at least 18 years of age.
47 2. Currently holds one of the following certifications:
48 a. Certified Surgical First Assistant from the National
49 Board of Surgical Technologists and Surgical Assistants.
50 b. Certified Surgical Assistant from the National Surgical
51 Assistant Association.
52 c. Surgical Assistant-Certified from the American Board of
53 Surgical Assistants.
54 3. Has completed the application form and remitted an
55 application fee not to exceed $150 as set by the board. An
56 application for licensure must include a statement of any
57 previous revocation or denial of licensure or certification.
58 4. Meets any other criteria set by law or the board.
59 (b) A licensed surgical first assistant’s licensure does
60 not authorize him or her to practice medicine or professional
61 nursing.
62 (4) RENEWAL OF LICENSURE.—
63 (a) Surgical first assistant licensure must be must be
64 renewed biennially.
65 (b) The department shall renew a license upon receipt of a
66 renewal application, a fee not to exceed $150 set by the board,
67 and either proof of completion of at least 40 hours of
68 continuing education approved by the board or proof of current
69 certification from a certifying organization in subsection
70 (3)(a)2.
71 (5) GROUNDS FOR DISCIPLINARY ACTION.—
72 (a) The board may impose any of the penalties authorized
73 under ss. 456.072, 458.331, 459.015, 461.013, or 466.028 upon a
74 licensed surgical first assistant if he or she violates the
75 provisions of chs. 456, 458, 459, 461, or 466. The licensed
76 surgical first assistant may only be cited for violations of and
77 issued penalties relating to the practice act of his or her
78 supervising surgeon or surgeons. The board may transfer
79 management of any violation of chs. 459, 461, or 466 to the
80 Board of Osteopathic Medicine, Board of Podiatric Medicine, and
81 Board of Dentistry, respectively.
82 (b) Any person who has not been licensed by the department
83 as a licensed surgical first assistant and who in any way
84 indicates or implies that he or she is a licensed surgical first
85 assistant commits a felony of the third degree, punishable as
86 provided in ss. 775.082, 775.083, or 775.084.
87 (6) RULES.—The board may adopt rules to administer this
88 section. The Board of Osteopathic Medicine, Board of Podiatric
89 Medicine, and Board of Dentistry may adopt rules relating to
90 discipline of licensed surgical first assistants for violations
91 of the appropriate practice acts.
92 (7) FEES.—The fees collected by the board under this
93 section shall be used for the licensure and regulation of
94 licensed surgical first assistants in accordance with this
95 section.
96 Section 2. Subsection (6) of section 627.419, Florida
97 Statutes, is amended to read:
98 627.419 Construction of policies.—
99 (6) Notwithstanding any other provision of law, when any
100 health insurance policy, health care services plan, or other
101 contract provides for payment for surgical first assisting
102 benefits or services, the policy, plan, or contract is to be
103 construed as providing for payment to a physician assistant, a
104 licensed surgical first assistant, or a registered nurse first
105 assistant or employers of a physician assistant, a licensed
106 surgical first assistant, or registered nurse first assistant
107 who performs such services that are within the scope of a
108 physician assistant’s, a licensed surgical first assistant’s, or
109 a registered nurse first assistant’s professional license. The
110 provisions of this subsection apply only if reimbursement for an
111 assisting physician, licensed under chapter 458 or chapter 459,
112 or an assisting podiatrist, licensed under chapter 461, would be
113 covered and a physician assistant, licensed surgical first
114 assistant, or a registered nurse first assistant who performs
115 such services is used as a substitute.
116 Section 3. This act shall take effect July 1, 2012.
117
118 ================= T I T L E A M E N D M E N T ================
119 And the title is amended as follows:
120 Delete everything before the enacting clause
121 and insert:
122 A bill to be entitled
123 An act relating to surgical first assistants; creating
124 s. 458.3478, F.S.; providing definitions; requiring
125 that all surgical first assistants be licensed, with
126 certain exceptions; providing an effective date;
127 prohibiting the Board of Medicine from limiting
128 employment of licensed surgical first assistants;
129 specifying requirements for licensure and licensure
130 renewal; providing grounds for disciplinary action;
131 providing for transfer of management of certain
132 violations to the appropriate practice board;
133 providing rulemaking authority; specifying use of
134 fees; amending s. 627.419, F.S.; allowing for payment
135 of surgical assisting services under certain
136 conditions; providing an effective date.