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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; imposing |
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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 that involves: |
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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; and |
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(D) as directed in an operating room setting, |
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performing tasks at the sterile field including: |
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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 irrigating with |
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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 |
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(viii) 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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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 may not employ a person to practice surgical |
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technology in that health care facility unless that person provides |
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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 the Surgical Technologist Certification administered by |
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the National Board of Surgical Technology and Surgical Assisting or |
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its successor; |
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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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school of surgical technology until the 180th day after the date of |
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graduation. The person may not continue to practice surgical |
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technology after the 180th day after the date of graduation without |
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showing documentation to the health care facility that the person |
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holds and maintains the surgical technologist certification |
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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 surgical technologists who meet the requirements of this |
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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. A |
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health care facility that employs a surgical technologist shall |
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supervise the surgical technologist according to the health care |
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facility's policies and procedures to ensure that the surgical |
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technologist competently performs delegated tasks intraoperatively |
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in accordance with this chapter and other applicable law. |
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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. 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 this chapter 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. Section 241.0262, Health and Safety Code, is |
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repealed. |
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SECTION 3. 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 4. This Act takes effect September 1, 2009. |