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.