Relates to the practice of surgical technology and surgical technologists

2 Co-sponsors

• Joseph P. Addabbo Jr.
• George D. Maziarz

BILL NUMBER:S4563A

Title of bill

An act to amend the public health law, in relation to surgical technology and surgical technologists

Purpose

The bill amends Article 28 of the public health law by adding section 2823 to establish certain requirements for surgical technologists working in health care facilities.

Summary of provisions

Section 2823 (1) defines the terms health care facility, surgical technologist surgical technology and health care professional.

Section 2823(2) requires surgical technologists functioning in health care facilities to be certified or complete an appropriate training program for surgical technology in the U.S. military. A health care facility cannot employ or contract with a surgical technologist unless the person meets the listed requirement. Section 2823(2) (c) provides an exception for individuals who are employed as surgical technologists on or in the two years prior to the effective date of this Act.

Section 2823 (3) allows surgical technologists to perform surgical technology under the supervision of a health care professional performing the surgery or another health care professional participating in the surgery acting within his or her scope of practice.

Section 2823(4) requires uncertified surgical technologists - those who are militarily trained or grandfathered in - to annually complete fifteen hours of continuing education to remain qualified to practice surgical technology.

Section 2823(5) allows a health care facility to employ or contract with an individual who does not meet the requirements of this bill if the facility can demonstrate diligent and thorough efforts to be in compliance. It also requires the employer to demonstrate that the individual has met the requirements of subdivision 2 of this section within twenty-four months.

Section 2823(6) allows a health care professional to perform surgical technology tasks if such tasks are within the scope of his or her license. Further clarifies that nothing in this section shall allow for an unlicensed professional to perform tasks or functions limited to the scope of practice of a health care professional.

Section 2823 (7) requires a health care facility, upon request, to verify the dates of employment of a surgical technician.

Section 2823 (8)states that the Department of Health is responsible for enforcement and compliance with each of these provisions.

Existing law

There is no existing law regulating the training or skills required of surgical technologists in health care facilities.

Justification

Surgical technologists have a vital role in creating and maintaining a sterile surgical room, ensuring that surgical equipment is functioning properly and safely, and assisting surgeons during surgical procedures. Because surgical technologists are directly responsible for patients' well-being and safety, they are expected to possess a certain level of competence and skill. Furthermore, surgical technologists must be cognizant of the surgeon's needs while performing an operation and this type of knowledge requires specific training.

While surgical technology is an established field with accredited programs, health care facilities are not required to employ or contract with credentialed individuals.

This law would require hospitals to hire only certified personnel or individuals falling within the exceptions of the bill. Hospitals which contract for and hire surgical technologists to practice in their operating rooms must ensure that these professionals are competent and adequately skilled to perform the job.

Legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it becomes law.