BILL NUMBER: AB 2561 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 24, 2012
An act to amend Section 152 of the Business and
Professions Code, relating to the Department of Consumer Affairs.
An act to add and repeal Article 25 (commencing with
Section 2525.20) of Chapter 5 of Division 2 of the Business and
Professions Code, relating to healing arts, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2561, as amended, Roger Hernández. The Department of
Consumer Affairs. Certified surgical technologists.
Existing law provides for the licensure and regulation of healing
arts licensees by boards within the Department of Consumer Affairs,
including the licensure and regulation of physicians and surgeons by
the Medical Board of California.
This bill would, until January 1, 2018, provide for the title
registration and regulation of certified surgical technologists who
practice surgical technology, as defined, by the Certified Surgical
Technologist Committee, established by this bill within the Medical
Board of California. Under the bill, the committee would be comprised
of 3 members, as specified, appointed by the Governor, the Senate
Committee on Rules, and the Speaker of the Assembly. The bill would
make it unlawful to use the title "certified surgical technologist"
unless registered with the committee. The bill would require an
applicant for title registration to meet certain educational
requirements, hold a certification by a specified entity, submit an
application, and pay a specified application fee. The bill would
specify that a title registration shall be valid for 2 years and is
subject to renewal upon the completion of specified requirements
including the payment of a renewal fee. The bill would create the
Surgical Technologists Account within the Contingent Fund of the
Medical Board of California, would direct the deposit of the
application and renewal fees into this account, and would
continuously appropriate those funds to the committee for purposes of
the act.
Existing law creates the Department of Consumer Affairs in the
state government, comprised of specified boards, bureaus, and
commissions. Under existing law, the department is under the control
of a civil executive officer who is known as the Director of Consumer
Affairs and who is responsible for organization of the department,
subject to approval of the Governor, as specified.
This bill would make technical, nonsubstantive changes to the
latter provision.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the
following:
(a) Surgical technologists are responsible for the environmental
disinfection, safety, and efficiency of the operating room, and their
knowledge and experience with aseptic surgical technique qualifies
them for a role of importance in the surgical suite.
(b) The surgical technology profession has grown to meet the
continuing demand for well-educated, highly skilled, and versatile
individuals to work with physicians and surgeons and other skilled
professionals to deliver the highest possible level of patient care.
(c) As surgical site infections have been found to be the second
most common hospital-acquired infections in the United States, a key
purpose of this article is to encourage the education, training, and
utilization of surgical technologists in California, given their role
in surgical settings in order to take specific steps to prevent
surgical site infections.
SEC. 2. Article 25 (commencing with Section
2525.20) is added to Chapter 5 of Division 2 of the
Business and Professions Code , to read:
Article 25. Certified Surgical Technologists
2525.20. This article shall be known and cited as the Certified
Surgical Technologist Act.
2525.22. As used in this article, the following definitions shall
apply:
(a) "Committee" means the Certified Surgical Technologist
Committee within the Medical Board of California.
(b) "Certified surgical technologist" means a person who practices
surgical technology, and who has successfully completed an
accredited educational program for surgical technologists and holds
and maintains certification as a surgical technologist by any of
entities described in Section 2525.48.
(c) "Surgical technology" means intraoperative surgical patient
care as follows:
(1) Preparing the operating room for surgical procedures by
ensuring that surgical equipment is functioning properly and safely.
(2) Preparing the operating room and 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) As directed in an operating room setting, performing the
following tasks at the sterile field:
(A) Passing supplies, equipment, or instruments.
(B) Sponging or suctioning an operative site.
(C) Preparing and cutting suture material.
(D) Transferring and pouring irrigation fluids.
(E) Transferring but not administering drugs within the sterile
field.
(F) Handling specimens.
(G) Holding retractors and other instruments.
(H) Applying electrocautery to clamps on bleeders.
(I) Connecting drains to suction apparatus.
(J) Applying dressings to closed wounds.
(K) Assisting in counting sponges, needles, supplies, and
instruments with the registered nurse circulator.
(L) Cleaning and preparing instruments for sterilization on
completion of the surgery.
(M) Assisting the surgical team with cleaning of the operating
room on completion of the surgery.
2525.24. There is established a Certified Surgical Technologist
Committee within the Medical Board of California. The committee shall
consist of three members.
2525.26. Protection of the public shall be the highest priority
for the committee in exercising its regulatory and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.
2525.28. (a) The members of the committee shall include one
member of the Medical Board of California who is a physician and
surgeon, and two educators participating in a program for the
training of surgical technologists recognized by the Commission on
Accreditation of Allied Health Education Programs (CAAHEP), or its
successor, or by the Accrediting Bureau of Health Education Schools
(ABHES), or its successor.
(b) Upon the first expiration of the term of the members who are
educators, one position shall be filled by such an educator, and one
position shall be filled by a certified surgical technologist who is
registered pursuant to this article.
(c) The members of the committee shall hold office for a term of
four years expiring on January 1, and shall serve until the
appointment and qualification of a successor or until one year has
elapsed since the expiration of the term for which the member was
appointed, whichever first occurs. No member shall serve for more
than two consecutive terms. Vacancies shall be filled by appointment
for the unexpired terms. The Governor shall appoint a member of the
Medical Board of California and his or her successor. The Senate
Committee on Rules shall appoint an educator and his or her educator
successor. The Speaker of the Assembly shall, initially, appoint an
educator and, after the initial term, shall appoint as a successor a
certified surgical technologist who is registered pursuant to this
article.
2525.30. The committee shall annually elect a chairperson and a
vice chairperson from among its members.
2525.32. Each member of the committee shall receive a per diem
and expenses as provided in Section 103.
2525.36. (a) The committee may convene from time to time as
deemed necessary by the committee.
(b) Notice of each meeting of the committee shall be given at
least two weeks in advance to those persons and organizations who
express an interest in receiving notification.
(c) The committee shall receive permission of the executive
director of the Medical Board of California to meet more than six
times annually. The executive director shall approve meetings that
are necessary for the committee to fulfill its legal
responsibilities.
2525.40. The committee may adopt, amend, and repeal such rules
and regulations as may be deemed necessary to administer and enforce
this article; provided, however, that the board shall adopt, amend,
and repeal such regulations as may be necessary to enable it to
implement the provisions of this article under its jurisdiction. All
regulations shall be in accordance with, and not inconsistent with,
the provisions of this article. Regulations shall be adopted,
amended, or repealed in accordance with the provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code.
2525.42. Three members shall constitute a quorum for transacting
any business. The affirmative vote of a majority of those present at
a meeting of the committee shall be required to carry any motion.
2525.44. The committee shall employ within the limits of the
Surgical Technologist Fund all personnel necessary to carry out the
provisions of this article, including an executive officer who shall
be exempt from civil service. The board and committee shall make all
necessary expenditures to carry out the provisions of this article
from the fund established by Section 2525.54. The committee may
accept contributions to effect the purposes of this article.
2525.48. (a) It shall be unlawful to use the title "certified
surgical technologist" in this state unless registered with the
committee pursuant to this section.
(b) A person applying to the committee for use of the title,
"certified surgical technologist" shall provide satisfactory evidence
that the applicant has successfully completed a nationally
accredited educational program for surgical technologists and holds
and maintains certification as a surgical technologist by the
National Board of Surgical Technology and Surgical Assisting or its
successor, or another surgical technologist certification program
approved by the committee, or the applicant has completed a training
program for surgical technology in the army, navy, air force, marine
corps, or coast guard of the United States or in the United States
Public Health Service.
(c) An applicant shall also submit an application and pay an
application fee described in Section 2525.50.
2525.49. The committee shall issue a title registration to an
applicant satisfying the requirements in Section 2525.48 who also
pays the registration fee described in Section 2525.50.
2525.50. The fees to be paid by surgical technologists shall be
set by the committee as follows:
(a) An application fee not to exceed twenty-five dollars ($25)
shall be charged to each surgical technologist applicant.
(b) An initial 24-month title registration fee not to exceed fifty
dollars ($50) shall be charged to each surgical technologist to whom
registration is issued.
(c) A biennial renewal fee not to exceed fifty dollars ($50).
(d) The delinquency fee is twenty-five dollars ($25).
(e) The duplicate registration certificate fee is ten dollars
($10).
(f) The fee for a letter of endorsement, letter of good standing,
or letter of verification of licensure shall be ten dollars ($10).
2525.51. (a) All surgical technologist title registrations shall
expire at midnight of the last day of the birth month of the licensee
during the second year of a two-year term if not previously renewed.
(b) The committee shall establish by regulation procedures for the
administration of a birthdate renewal program, including, but not
limited to, the establishment of a system of staggered registration
expiration dates and a pro rata formula for the payment of renewal
fees by surgical technologists affected by the implementation of the
program.
(c) To renew an unexpired registration, the surgical technologist
shall, on or before the date of expiration of the registration, apply
for renewal on a form provided by the committee, accompanied by the
prescribed renewal fee.
2525.52. A registration that has expired may be renewed at any
time within five years after its expiration by filing an application
for renewal on a form prescribed by the committee or board, as the
case may be, and payment of all accrued and unpaid renewal fees. If
the registration is not renewed within 30 days after its expiration,
the surgical technologist, as a condition precedent to renewal, shall
also pay the prescribed delinquency fee, if any. Renewal under this
section shall be effective on the date on which the application is
filed, on the date on which all renewal fees are paid, or on the date
on which the delinquency fee, if any, is paid, whichever occurs
last. If so renewed, the registration shall continue in effect
through the expiration date provided in Section 2525.51 which next
occurs after the effective date of the renewal, when it shall expire,
if it is not again renewed.
2525.53. A surgical technologist who fails to renew his or her
registration within five years after its expiration may not renew it,
and it may not be reissued, reinstated, or restored thereafter, but
that person may apply for and obtain a new registration if he or she
pays all of the fees that would be required as if application for
registration was being made for the first time.
2525.54. Within 10 days after the beginning of each calendar
month the board shall report to the Controller the amount and
regulatory source of all collections made under this article and at
the same time pay all those sums into the State Treasury, where they
shall be credited to the Surgical Technologist Account within the
Contingent Fund of the Medical Board of California, which account is
hereby created. Notwithstanding the provisions of Section 13340 of
the Government Code, all moneys in the Surgical Technologist Account
are hereby continuously appropriated to be used exclusively to carry
out the regulatory purposes of this article.
2525.55. This article does not repeal, modify, or amend any
existing law relating to the supervision of surgical technologists,
nor shall it be construed to do so.
2525.56. This article does not prohibit or limit any healing arts
licensee described in this division from performing a task or
function within the scope of the healing art licensee's license, nor
shall it be construed as such.
2525.57. This article does not apply to any of the following:
(a) A registered nurse licensed pursuant to Chapter 6 (commencing
with Section 2700) or a vocational nurse licensed pursuant to Chapter
6.5 (commencing with Section 2840).
(b) An individual employed by a health care facility whose primary
functions include the cleaning or sterilization of supplies,
instruments, equipment, or operating rooms.
2525.58. This article shall remain in effect only until January
1, 2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date. The repeal of this article renders the committee subject
to the review required by Article 7.5 (commencing with Section
9147.7) of the Government Code.
SECTION 1. Section 152 of the Business and
Professions Code is amended to read:
152. For the purpose of administration, the reregistration and
clerical work of the department is organized by the director, subject
to the approval of the Governor, in the manner he or she deems
necessary to properly segregate and conduct the work of the
department.