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A BILL TO BE ENTITLED
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AN ACT
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relating to the qualifications of surgical technologists; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Health and Safety Code, is |
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amended by adding Chapter 259 to read as follows: |
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CHAPTER 259. SURGICAL TECHNOLOGISTS |
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AT HEALTH CARE FACILITIES |
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Sec. 259.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Surgical technologist" means a person who |
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practices surgical technology. |
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(3) "Surgical technology" means intraoperative |
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surgical patient care as follows: |
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(A) preparing the operating room for surgical |
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procedures by ensuring that surgical equipment is functioning |
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properly and safely; |
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(B) preparing the operating room and the sterile |
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field for surgical procedures by preparing sterile supplies, |
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instruments, and equipment using sterile technique; |
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(C) anticipating the needs of the surgical team |
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based on knowledge of human anatomy and pathophysiology and how |
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they relate to the surgical patient and the patient's surgical |
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procedure; |
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(D) as directed in an operating room setting, |
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performing the following tasks at the sterile field: |
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(i) passing supplies, equipment, or |
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instruments; |
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(ii) sponging or suctioning an operative |
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site; |
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(iii) preparing and cutting suture |
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material; |
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(iv) transferring and pouring irrigation |
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fluids; |
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(v) transferring but not administering |
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drugs within the sterile field; |
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(vi) handling specimens; |
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(vii) holding retractors and other |
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instruments; |
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(viii) applying electrocautery to clamps on |
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bleeders; |
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(ix) connecting drains to suction |
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apparatus; |
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(x) applying dressings to closed wounds; |
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and |
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(xi) assisting in counting sponges, |
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needles, supplies, and instruments with the registered nurse |
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circulator; |
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(E) cleaning and preparing instruments for |
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sterilization on completion of the surgery; and |
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(F) assisting the surgical team with cleaning of |
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the operating room on completion of the surgery. |
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Sec. 259.002. REQUIREMENTS FOR PRACTICING SURGICAL |
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TECHNOLOGY. (a) A health care facility licensed by the department |
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under this subtitle or owned or operated by the state may not employ |
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a person to practice surgical technology in that health care |
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facility unless that person provides evidence that the person: |
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(1) has successfully completed an accredited |
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educational program for surgical technologists and holds and |
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maintains certification as a surgical technologist by: |
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(A) the National Board of Surgical Technology and |
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Surgical Assisting or its successor; |
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(B) the National Center for Competency Testing or |
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its successor; or |
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(C) another surgical technologist certification |
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program approved by the department; |
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(2) has completed an appropriate training program for |
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surgical technology in the army, navy, air force, marine corps, or |
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coast guard of the United States or in the United States Public |
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Health Service; |
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(3) was employed to practice surgical technology in a |
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health care facility before September 1, 2009; or |
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(4) is in the service of the federal government, to the |
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extent the person is performing duties related to that service. |
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(b) Notwithstanding Subsection (a), a health care facility |
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may employ a person to practice surgical technology at that health |
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care facility from the date the person graduates from an accredited |
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educational program for surgical technologists until the 180th day |
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after the date of graduation. The person may not continue to |
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practice surgical technology after the 180th day after the date of |
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graduation without showing documentation to the health care |
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facility that the person holds and maintains the surgical |
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technologist certification required by Subsection (a)(1). |
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(c) Notwithstanding Subsection (a), a health care facility |
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may employ a surgical technologist who does not meet the |
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requirements of this section if: |
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(1) after a diligent and thorough effort has been |
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made, the health care facility is unable to employ a sufficient |
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number of qualified surgical technologists who meet the |
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requirements of this section; and |
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(2) the health care facility makes a written record of |
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its efforts under Subdivision (1) and retains the record at the |
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health care facility. |
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Sec. 259.003. SUPERVISION OF SURGICAL TECHNOLOGISTS. This |
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chapter does not repeal or modify any law relating to the |
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supervision of surgical technologists. |
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Sec. 259.004. OTHER LICENSED PRACTITIONERS. This chapter |
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does not prohibit a licensed practitioner from performing a task or |
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function within the scope of the practitioner's license. |
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Sec. 259.005. APPLICABILITY. This chapter does not apply |
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to: |
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(1) a licensed registered nurse or a licensed |
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vocational nurse; or |
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(2) the employment by a health care facility of an |
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individual whose primary functions include the cleaning or |
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sterilization of supplies, instruments, equipment, or operating |
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rooms. |
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Sec. 259.006. ENFORCEMENT. (a) The department may adopt |
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rules to administer and enforce this chapter. |
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(b) A health care facility that violates Section 259.002 is |
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subject to an administrative penalty, a civil penalty, or other |
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disciplinary action, as applicable, in the same manner as if the |
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facility violated the chapter under which the facility is licensed. |
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SECTION 2. A health care facility is not required to comply |
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with Section 259.002, Health and Safety Code, as added by this Act, |
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before September 1, 2010. |
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SECTION 3. This Act takes effect September 1, 2009. |