HB 425

1	A bill to be entitled
2	An act relating to surgical technology; creating part
3	XVII of ch. 468, F.S., relating to minimum
4	requirements to practice surgical technology;
5	providing legislative intent; providing definitions;
6	prohibiting a person from practicing surgical
7	technology in a health care facility unless he or she
8	meets certain criteria; providing an exception for a
9	specified time; prohibiting a health care facility
10	from employing or contracting for the services of a
11	surgical technologist unless the surgical technologist
12	meets certain requirements; requiring continuing
13	education for persons qualified to practice surgical
14	technology; requiring a health care facility to verify
15	that a person who is qualified to practice surgical
16	technology meets continuing education requirements and
17	maintains the credential of certified surgical
18	technologist; requiring a health care facility to
19	supervise persons employed or contracted by a health
20	care facility to practice surgical technology;
21	providing that the act does not prohibit certain
22	licensed health care practitioners and medical and
23	osteopathic students from performing tasks or
24	functions related to surgical technology; requiring
25	the Agency for Health Care Administration to adopt
26	rules; providing an effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Part XVII of chapter 468, Florida Statutes,
31	consisting of sections 468.91, 468.92, 468.93, 468.94, 468.95,
32	468.96, and 468.97, is created to read:
33	468.91  Legislative intent.-The sole legislative purpose
34	for enacting this part is to ensure that every surgical
35	technologist employed in this state meets minimum requirements
36	for safe practice as a member of the surgical care team. It is
37	the legislative intent that surgical technologists who fail to
38	meet minimum competencies or who otherwise present a danger to
39	the public health and safety be prohibited from practicing in
40	this state.
41	468.92  Definitions.-As used in this part, the term:
42	(1)  "Health care facility" means a hospital, an ambulatory
43	surgical center, or a mobile surgical facility that is regulated
44	by the Department of Health under chapter 395.
45	(2)  "Surgical technologist" means a person who practices
46	surgical technology.
47	(3)  "Surgical technology" means surgical patient care
48	performed collaboratively with the surgical team which includes,
49	but is not limited to, the following tasks or functions:
50	(a)  Preparing the operating room for surgical procedures
51	by ensuring that surgical equipment is functioning properly and
52	safely;
53	(b)  Preparing the operating room and the sterile field for
54	surgical procedures by preparing sterile supplies, instruments,
55	and equipment using sterile techniques;
56	(c)  Anticipating the needs of the surgical team based on
57	knowledge of human anatomy and pathophysiology and how those
58	needs relate to the surgical patient and the patient's surgical
59	procedure; and
60	(d)  Performing tasks at the sterile field, as directed,
61	including:
62	1.  Passing supplies, equipment, or instruments.
63	2.  Sponging or suctioning an operative site.
64	3.  Preparing and cutting suture material.
65	4.  Transferring and irrigating with fluids.
66	5.  Transferring drugs within the sterile field, according
67	to applicable law.
68	6.  Handling specimens.
69	7.  Holding retractors and other instruments.
70	8.  Applying electrocautery to clamps on blood vessels that
71	bleed.
72	9.  Connecting drains to suction apparatus.
73	10.  Applying dressings to closed wounds.
74	11.  Performing sponge, needle, supply, and instrument
75	counts with the registered nurse circulator.
76	468.93  Training and certification required.-
77	(1)  A person may not practice surgical technology in a
78	health care facility in this state unless the person meets one
79	of the following requirements:
80	(a)  Has successfully completed a nationally accredited
81	educational program for surgical technologists and holds and
82	maintains the credential of certified surgical technologist,
83	which is administered by a nationally accredited credentialing
84	body;
85	(b)  Has completed an appropriate training program for
86	surgical technology in the United States Armed Forces or Public
87	Health Service Commissioned Corps;
88	(c)  Provides evidence that the person was employed to
89	practice surgical technology in a health care facility within 2
90	years before July 1, 2012; or
91	(d)  Is in the service of the Federal Government, to the
92	extent the person is performing duties related to that service.
93	(2)  A person may be employed or contracted to practice
94	surgical technology during the 12-month period immediately
95	following successful completion of a program in surgical
96	technology, but may not continue to be employed or contracted to
97	practice beyond that period without documentation that the
98	employee or contractor holds and maintains the credential of
99	certified surgical technologist.
100	(3)  A health care facility in this state may not employ or
101	otherwise contract for the services of a surgical technologist
102	unless the person meets the requirements of this section.
103	468.94  Continuing education required.-
104	(1)  A person who qualifies to practice surgical technology
105	in a health care facility under s. 468.93(1)(b) or (c) must
106	annually complete 15 hours of continuing education to remain
107	qualified to practice as a surgical technologist.
108	(2)  A health care facility that employs or contracts with
109	a person to practice surgical technology shall verify that the
110	person meets the continuing education requirements of subsection
111	(1) and, where applicable, maintains the credential of certified
112	surgical technologist.
113	468.95  Supervision and compliance.-A health care facility
114	shall supervise each person employed or contracted by a health
115	care facility to practice surgical technology according to the
116	health care facility's policies and procedures to ensure that
117	the person competently performs delegated perioperative tasks in
118	accordance with this part and other applicable laws.
119	468.96  Applicability.-This part does not prohibit any
120	licensed practitioner from performing tasks or functions related
121	to surgical technology if the person is acting within the scope
122	of his or her license. This section also does not prohibit any
123	medical student, osteopathic student, or resident from
124	performing tasks or functions related to surgical technology if
125	the person is acting within the scope of his or her duties.
126	468.97  Rulemaking authority.-The Agency for Health Care
127	Administration shall adopt rules to administer the requirements
128	of this part.
129	Section 2.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.