BILL ANALYSIS Ó
AB 2561
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Date of Hearing: April 24, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 2561 (Roger Hernández) - As Amended: March 29, 2012
(As Proposed to be Amended)
SUBJECT : Certified surgical technologists.
SUMMARY : Establishes a title act for certified surgical
technologists. Specifically, this bill :
1)Establishes the Certified Surgical Technologist Act and makes
it unlawful for a person to use the title "certified surgical
technologist" in this state unless the person:
a) Has successfully completed a nationally accredited
educational program for surgical technologists, or a
training program for surgical technology provided by the
United States (U.S.) Army, Navy, Air Force, Marine Corps,
Coast Guard or Public Health Service; and,
b) Holds and maintains certification as a surgical
technologist by the National Board of Surgical Technology
and Surgical Assisting (NBSTSA) or its successor, or
another nationally accredited surgical technologist
credentialing organization.
2)Provides that violations of the above provision are not
subject to a misdemeanor or enforcement thereof.
3)Defines "certified surgical technologist to mean a person who
practices surgical technology, and who has successfully
completed a nationally accredited educational program for
surgical technologists and holds and maintains certification
as a surgical technologist by any of the entities described
above.
4)Defines "surgical technology" to mean surgical patient care as
follows:
a) Preparing the operating room for surgical procedures by
ensuring that surgical equipment is functioning properly
and safely;
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b) Preparing the operating room and the sterile field for
surgical procedures by preparing sterile supplies,
instruments, and equipment using sterile technique;
c) 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; and,
d) As directed in an operating room setting, performing the
following tasks at the sterile field:
i) Passing supplies, equipment, or instruments;
ii) Sponging or suctioning an operative site;
iii) Preparing and cutting suture material;
iv) Transferring and pouring irrigation fluids;
v) Transferring but not administering drugs within the
sterile field;
vi) Handling specimens;
vii) Holding retractors and other instruments;
viii) Applying electrocautery to clamps on bleeders.
ix) Connecting drains to suction apparatus.
x) Applying dressings to closed wounds.
xi) Assisting in counting sponges, needles, supplies,
and instruments with the registered nurse circulator.
xii) Cleaning and preparing instruments for sterilization
on completion of the surgery.
xiii) Assisting the surgical team with cleaning of the
operating room on completion of the surgery.
5)Specifies that this bill does not:
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a) Repeal, modify, or amend any existing law relating to
the supervision of surgical technologists, nor shall it be
construed to do so;
b) 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; or,
c) Apply to licensed registered nurses, licensed vocational
nurses, or an individual employed by a health care facility
whose primary functions include the cleaning or
sterilization of supplies, instruments, equipment, or
operating rooms.
6)States findings and declarations.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author, "Presently,
surgical technologists are the only health care professional
engaged in surgical suite activity without recognition of their
profession and the attendant standards of care which their work
in such settings warrant?As surgical site infections (SSI) have
been found to be the second most common hospital-acquired
infections in the United States (U.S.), a key purpose of the
bill is to encourage the education, training and utilization of
certified surgical technologists in California, given their work
in surgical settings to prevent SSI."
Background . Surgical technologists, also known as "scrub
techs," "surgical technicians," or "operating room technicians",
are allied health professionals who work under the supervision
of a surgeon. They provide surgical care to patients ensuring
that invasive surgical procedures are being carried out safely
and effectively. They make sure the operating room environment
is safe and that equipment is working properly. They also make
sure that surgical procedures are performed under conditions
that maximize patient safety.
Surgical technologists must possess a high school diploma (or
equivalent) and complete an accredited surgical technology
training program. In California, the Commission on
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Accreditation of Allied Health Education Programs and the
Accrediting Bureau of Health Education School accredits surgical
technology programs offered by community colleges, vocational
schools, universities, hospitals, and the military. Training
programs typically last from 12 to 24 months and lead to a
certificate, diploma, or associate degree.
In California, the number of surgical technologists is expected
to grow much faster than average growth rate for all
occupations. Jobs for surgical technologists are expected to
increase by 29.2%, or 2,600 jobs, between 2008 and 2018.
The NBSTSA was established in 1974 as the certifying agency for
surgical technologists. The purpose of NBSTSA is to determine,
through examination, if an individual has acquired both
theoretical and practical knowledge of surgical technology or
surgical first assisting.
An SSI is an infection that occurs after surgery in the part of
the body where the surgery took place. This type of infection
develops in about 1 to 3 out of every 100 patients who have
surgery. SSIs initiated during invasive procedures can require
additional and/or extended treatment. Despite the best efforts
of healthcare facilities to maintain safe surgical environments,
surgical site infections result in up to $10 billion in
treatment costs every year in the U.S., with about 780,000 out
of 30 million surgical procedures performed annually in the U.S.
resulting in SSI.
Support . The California State Assembly - Association of
Surgical Technologists write, "California is home to an
estimated 5,000 of the nation's 90,000 surgical technologists
who work every day to safeguard patient care. We would welcome
and greatly appreciate the recognition of Certified Surgical
Technologists proposed by AB 2561."
Opposition . The American Nurses Association/California writes,
"Licensure is a process to protect the public. Licensure
usually imposes delegated authority for an unlicensed person or
a licensed person to practice a delegated statutory act. A
surgical technologist is not responsible for any delegated act
in the operating room. A surgical technologist works under the
direct authority of the Registered Nurse practicing tasks that
do not require a license and are appropriately delegated.
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"The Registered Nurse is responsible for the environmental
disinfection, safety, and efficiency of the operating room.
Some of the tasks involved in this responsibility can be
delegated to an unlicensed person like a surgical technologist.
Some surgical technologists are trained by the operating room in
the hospital and doctor's office. Some of the technicians go on
to get certified. This certification is not required by many
hospitals. A Registered Nurse seeks certification as a standard
acknowledging their expertise but it is not a requirement for
licensure."
Amendments attached . Amendments remove a requirement that
certified surgical technicians register with the Medical Board
of California (MBC) and the establishment of an associated
committee within the MBC.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Assembly - Association of Surgical
Technologists (sponsor)
Opposition
American Nurses Association/California
Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916)
319-3301