Relates to the practice of surgical technology and surgical technologists

Summary of provisions

Section 2824(1) defines the terms health care facility, surgical tech- nologist, surgical technology and health care professional.

Section 2824(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 2824(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 2824(3) requires surgical technologists to annually complete fifteen hours of continuing education to remain qualified to practice surgical technology.

Section 2824(4) 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 compli- ance. It also requires the employer to demonstrate that the individual has met the requirements of subdivision 2 of this section within twen- ty-four months.

Section 2824(5) allows a health care professional to perform surgical technology tasks if such tasks are within the scope of his or her indi- vidual license. It further clarifies that nothing in this section shall allow for an unlicensed individual to perform tasks or functions limited to the scope of practice of a health care professional.

Section 2824(6) states that a health care facility who employs or contracts with a surgical technologist shall verify the dates of employ- ment or contract at the request of the employee.

Section 2824(7) requires enforcement by the New York State Department of Health.

Section 2824(8) grants the Commissioner of New York State Department of Health the authority to adopt, promulgate and enforce rules and regu- lations.

Section 2 sets the effective date.

Existing law

There is no existing law regulating the training or skills required of surgical technologists in health care facilities. As to the practice environment for surgical technologists, 10 CRR-NY §405.12 (a) (1) states: "The operating room shall be supervised by a registered profes- sional nurse or physician who the hospital finds qualified by training and experience for this role." The regulation speaks specifically to the supervision of surgical technologists in the performance of certain duties in (iii) as follows: "Licensed practical nurses and surgical technologists may perform scrub functions and may assist in the circu- lating duties under the supervision of a circulating nurse who is pres- ent in the operating room for the duration of the procedure." 42 C.F.R. §482.51(a) (1) states: "The operating rooms must be supervised by an experienced registered nurse or a doctor of medicine or osteopathy. (2) Licensed practical nurses (LPNs) and surgical technologists (operating room technicians) may serve as "scrub nurses" under the supervision of a registered nurse. (3) Qualified registered nurses may perform circulat- ing duties in the operating room. In accordance with applicable State laws and approved medical staff policies and procedures, LPNs and surgi- cal technologists may assist in circulatory duties under the supervision of a qualified registered nurse who is immediately available to respond to emergencies." Nothing in this bill is intended to impact these exist- ing state and federal supervisory requirements in any way.

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 surgeons' needs while performing an operation and this type of knowledge requires specific training and continuing education.

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 requires hospitals to hire only certified personnel, or indi- viduals falling within the exceptions of the bill. Hospitals that contract for and hire surgical technologists to practice in their oper- ating rooms must ensure that these professionals are competent and adequately skilled to perform the job.

Prior legislative history

2011 - Similar bill (S.4563A/A.6539B) Passed Senate and Assembly Unan- imously. Vetoed (#75).

Fiscal implications

None.

Effective date

The act shall take effect on the first day of the eighteenth month after it shall have become law.