Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. HB 441
       
       
       
       
       
       
                                Ì187730&Î187730                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/23/2015 10:49 AM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (960070) (with title
    2  amendment)
    3  
    4         Before line 5
    5  insert:
    6         Section 1. Present subsections (1) through (10) of section
    7  395.0191, Florida Statutes, are redesignated as subsections (2)
    8  through (11), respectively, and new subsections (1) and (12) are
    9  added to that section, to read:
   10         395.0191 Staff membership and clinical privileges.—
   11         (1) As used in this section, the term:
   12         (a) “Certified surgical assistant” means a surgical
   13  assistant who maintains a valid and active certification under
   14  one of the following designations: certified surgical first
   15  assistant, from the National Board of Surgical Technology and
   16  Surgical Assisting; certified surgical assistant, from the
   17  National Surgical Assistant Association; surgical assistant
   18  certified, from the American Board of Surgical Assistants.
   19         (b) “Certified surgical technologist” means a surgical
   20  technologist who maintains a valid and active certification as a
   21  certified surgical technologist from the National Board of
   22  Surgical Technology and Surgical Assisting.
   23         (c) “Surgeon” means a health care practitioner as defined
   24  in s. 456.001 whose scope of practice includes performing
   25  surgery and who is listed as the primary surgeon in the
   26  operative record.
   27         (d) “Surgical assistant” means a person who provides aid in
   28  exposure, hemostasis, closures, and other intraoperative
   29  technical functions and who assists the surgeon in performing a
   30  safe operation with optimal results for the patient.
   31         (e) “Surgical technologist” means a person whose duties
   32  include, but are not limited to, maintaining sterility during a
   33  surgical procedure, handling and ensuring the availability of
   34  necessary equipment and supplies, and maintaining visibility of
   35  the operative site to ensure that the operating room environment
   36  is safe, that proper equipment is available, and that the
   37  operative procedure is conducted efficiently.
   38         (12)(a) At least 50 percent of the surgical assistants that
   39  a facility employs or contracts must be certified surgical
   40  assistants.
   41         (b) At least 50 percent of the surgical technologists that
   42  a facility employs or contracts must be certified surgical
   43  technologists.
   44         (c) Paragraphs (a) and (b) do not apply to:
   45         1. A person who has completed an appropriate training
   46  program for surgical technology in any branch of the Armed
   47  Forces or reserve component of the Armed Forces.
   48         2. A person who was employed or contracted to perform the
   49  duties of a surgical technologist or surgical assistant before
   50  July 1, 2015.
   51         3. A health care practitioner as defined in s. 456.001 or a
   52  student if the duties performed by the practitioner or the
   53  student are within the scope of the practitioner’s or the
   54  student’s training and practice.
   55         4. A person enrolled in a surgical technology or surgical
   56  assisting training program accredited by the Commission on
   57  Accreditation of Allied Health Education Programs, the
   58  Accrediting Bureau of Health Education Schools, or other
   59  accrediting body recognized by the United States Department of
   60  Education on July 1, 2015. A person may practice as a surgical
   61  technologist or a surgical assistant for 2 years after
   62  completing such training program before he or she is required to
   63  obtain a certification under this subsection.
   64  
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete line 80
   68  and insert:
   69         facilities and services; amending s. 395.0191, F.S.;
   70         defining terms; requiring a certain percent of
   71         surgical assistants or surgical technologists employed
   72         or contracting with a hospital to be certified;
   73         providing exceptions to certification requirement;
   74         amending s. 400.474, F.S.;