Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. HB 441
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/WD/2R         .                                
             04/23/2015 10:49 AM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Before line 11
    4  insert:
    5         Section 1. Present subsections (1) through (10) of section
    6  395.0191, Florida Statutes, are redesignated as subsections (2)
    7  through (11), respectively, and new subsections (1) and (12) are
    8  added to that section, to read:
    9         395.0191 Staff membership and clinical privileges.—
   10         (1) As used in this section, the term:
   11         (a) “Certified surgical assistant” means a surgical
   12  assistant who maintains a valid and active certification under
   13  one of the following designations: certified surgical first
   14  assistant, from the National Board of Surgical Technology and
   15  Surgical Assisting; certified surgical assistant, from the
   16  National SurgicalAssistant Association; surgical assistant
   17  certified, from the American Board ofSurgical Assistants.
   18         (b) “Certified surgical technologist” means a surgical
   19  technologist who maintains a valid and active certification as a
   20  certified surgical technologist from the National Board of
   21  Surgical Technology and Surgical Assisting.
   22         (c) “Surgeon” means a health care practitioner as defined
   23  in s. 456.001 whose scope of practice includes performing
   24  surgery and who is listed as the primary surgeon in the
   25  operative record.
   26         (d) “Surgical assistant” means a person who provides aid in
   27  exposure, hemostasis, closures, and other intraoperative
   28  technical functions and who assists the surgeon in performing a
   29  safe operation with optimal results for the patient.
   30         (e) “Surgical technologist” means a person whose duties
   31  include, but are not limited to, maintaining sterility during a
   32  surgical procedure, handling and ensuring the availability of
   33  necessary equipment and supplies, and maintaining visibility of
   34  the operative site to ensure that the operating room environment
   35  is safe, that proper equipment is available, and that the
   36  operative procedure is conducted efficiently.
   37         (12) At least 50 percent of the surgical assistants and 50
   38  percent of the surgical technologists that a facility employs or
   39  with whom it contracts must be certified surgical assistants and
   40  certified surgical technologists, respectively. The requirements
   41  of this subsection do not apply to the following:
   42         (a) A person who has completed an appropriate training
   43  program for surgical technology in any branch of the Armed
   44  Forces or reserve component of the Armed Forces.
   45         (b) A person who was employed or contracted to perform the
   46  duties of a surgical technologist or surgical assistant at any
   47  time before July 1, 2015.
   48         (c) A health care practitioner as defined in s. 456.001 or
   49  astudent if the duties performed by the practitioner or the
   50  student are within the scope of the practitioner’s or the
   51  student’s training and practice.
   52         (d) A person enrolled in a surgical technology or surgical
   53  assisting training program accredited by the Commission on
   54  Accreditation of Allied Health Education Programs, the
   55  Accrediting Bureau of Health Education Schools, or another
   56  accrediting body recognized by the United States Department of
   57  Education on July 1, 2015. A person may practice as a surgical
   58  technologist or a surgical assistant for 2 years after
   59  completion of such a training program before he or she is
   60  required to obtain a certification under this subsection.
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete line 2
   65  and insert:
   66         An act relating to the regulation of health care
   67         facilities and services; amending s. 395.0191, F.S.;
   68         defining terms; requiring a certain percent of
   69         surgical assistants or surgical technologists employed
   70         or contracting with a hospital to be certified;
   71         providing exceptions to certification requirement;
   72         amending s.