79R6007 JTS-F

By:  Janek                                                        S.B. No. 930


A BILL TO BE ENTITLED
AN ACT
relating to the employment of surgical technologists by certain health care facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter E, Chapter 241, Health and Safety Code, is amended by adding Section 241.106 to read as follows: Sec. 241.106. SURGICAL TECHNOLOGISTS. (a) In this section, "surgical technologist" means an allied health professional who provides surgical patient care in a hospital or ambulatory surgical center by: (1) preparing the operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely; (2) preparing the sterile field for surgical procedures by preparing sterile supplies, instruments, and equipment using sterile technique; (3) anticipating the needs of the surgical team based on knowledge of human anatomy and pathophysiology and how they relate to the surgical patient and the patient's surgical procedure; (4) assisting the surgeon during surgical procedures in a safe and efficient manner using sterile technique to: (A) pass supplies, equipment, and instrumentation; and (B) perform physical and mechanical retraction and manipulation of tissues; and (5) performing other intraoperative surgical tasks at the direction and delegation of the operative physician. (b) A hospital may not employ a person as a surgical technologist unless the person: (1) is certified by the Liaison Council on Certification for the Surgical Technologist; (2) has successfully completed an educational program for surgical technologists accredited by the Commission on Accreditation of Allied Health Education Programs; (3) has completed an appropriate training program for surgical technologists in the army, navy, air force, marine corps, or coast guard of the United States or in the United States Public Health Service; or (4) provides evidence that the person, during the 24-month period preceding September 1, 2005, was employed as a surgical technologist for not less than 18 months in a hospital, medical office, or surgical center. (c) A hospital may employ a surgical technologist who does not meet the requirements of this section if: (1) after a diligent and thorough effort has been made, the hospital is unable to employ a sufficient number of surgical technologists who meet the requirements of this section; and (2) the hospital makes a written record of its efforts under Subdivision (1) and retains the record at the hospital. (d) Notwithstanding Subsection (b), a hospital may employ a person as a surgical technologist if the person provides evidence that, on September 1, 2005, the person was participating in an on-the-job training program for surgical technologists. This subsection expires September 1, 2006. (e) An educational program for surgical technologists is considered accredited by the Commission on Accreditation of Allied Health Education Programs for the purposes of Subsection (b)(2) if the program is in the process of becoming accredited by that commission on September 1, 2005. This subsection expires September 1, 2007. (f) A person who qualifies to be employed as a surgical technologist under Subsection (b)(2), (3), or (4) must complete 15 hours of continuing education certified by the Association of Surgical Assistants or the Association of Perioperative Registered Nurses to remain qualified for employment. (g) A hospital that employs a person described by Subsection (f) shall verify that the person meets the continuing education requirements of Subsection (f) each year on the anniversary of the person's employment. A hospital shall adopt policies to enforce this subsection and may allow a grace period for compliance that is not longer than six months. (h) A hospital shall supervise each surgical technologist employed by the hospital according to the hospital's policies and procedures. SECTION 2. Chapter 243, Health and Safety Code, is amended by adding Subchapter C to read as follows:
SUBCHAPTER C. SURGICAL TECHNOLOGISTS
Sec. 243.101. DEFINITION. In this subchapter, "surgical technologist" means an allied health professional who provides surgical patient care in a hospital or ambulatory surgical center by: (1) preparing the operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely; (2) preparing the sterile field for surgical procedures by preparing sterile supplies, instruments, and equipment using sterile technique; (3) anticipating the needs of the surgical team based on knowledge of human anatomy and pathophysiology and how they relate to the surgical patient and the patient's surgical procedure; (4) assisting the surgeon during surgical procedures in a safe and efficient manner using sterile technique to: (A) pass supplies, equipment, and instrumentation; and (B) perform physical and mechanical retraction and manipulation of tissues; and (5) performing other intraoperative surgical tasks at the direction and delegation of the operative physician. Sec. 243.102. EMPLOYMENT OF SURGICAL TECHNOLOGIST. (a) An ambulatory surgical center may not employ a person as a surgical technologist unless the person: (1) is certified by the Liaison Council on Certification for the Surgical Technologist; (2) has successfully completed an educational program for surgical technologists accredited by the Commission on Accreditation of Allied Health Education Programs; (3) has completed an appropriate training program for surgical technologists in the army, navy, air force, marine corps, or coast guard of the United States or in the United States Public Health Service; or (4) provides evidence that the person, during the 24-month period preceding September 1, 2005, was employed as a surgical technologist for not less than 18 months in a hospital, medical office, or surgical center. (b) Notwithstanding Subsection (a), an ambulatory surgical center may employ a person as a surgical technologist if the person provides evidence that, on September 1, 2005, the person was participating in an on-the-job training program for surgical technologists. This subsection expires September 1, 2006. (c) An educational program for surgical technologists is considered accredited by the Commission on Accreditation of Allied Health Education Programs for the purposes of Subsection (a)(2) if the program is in the process of becoming accredited by that commission on September 1, 2005. This subsection expires September 1, 2007. (d) An ambulatory surgical center shall supervise each surgical technologist employed by the center according to the center's policies and procedures. Sec. 243.103. CONTINUING EDUCATION. (a) A person who qualifies to be employed as a surgical technologist under Section 243.102(a)(2), (3), or (4) must complete 15 hours of continuing education certified by the Association of Surgical Assistants or the Association of Perioperative Registered Nurses to remain qualified for employment. (b) An ambulatory surgical center that employs a person described by Subsection (a) shall verify that the person meets the continuing education requirements each year on the anniversary of the person's employment. An ambulatory surgical center shall adopt policies to enforce this subsection and may allow a grace period for compliance that is not longer than six months. Sec. 243.104. WAIVER OF REQUIREMENT. An ambulatory surgical center may employ a surgical technologist who does not meet the requirements of this subchapter if: (1) after a diligent and thorough effort has been made, the center is unable to employ a sufficient number of surgical technologists who meet the requirements of this subchapter; and (2) the center makes a written record of its efforts under Subdivision (1) and retains the record at the center. SECTION 3. This Act takes effect September 1, 2005.