AB 2062, as introduced, Roger Hernández. Health facilities: surgical technologists.
Existing law provides for the licensure and regulation of health facilities by the State Department of Public Health. A violation of the provisions governing health facilities constitutes a misdemeanor. Existing law requires specified health facilities to employ a dietitian and requires health facilities owned and operated by the state offering care within the scope of practice of a psychologist to establish rules and medical staff bylaws that include provisions for medical staff membership and clinical privileges for clinical psychologists, as specified.
This bill would prohibit a health facility from employing a surgical technologist or contracting with an individual to practice surgical technology at the facility unless the individual possesses specified training and certification or was practicing surgical technology at a health facility at any time between January 1, 2013, and January 1, 2015, inclusive. The bill would exempt a facility from this requirement if the facility documents its inability to recruit a sufficient number of individuals that meet the bill’s requirements, and would require that certain individuals complete continuing education in surgical technology annually, as specified. The bill would specify that a violation of these requirements is not a crime.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares the following:
2(a) Surgical technologists are coresponsible for the
3environmental disinfection, safety, and efficiency of the operating
4room, and their knowledge and experience with aseptic surgical
5techniques qualifies them for a role of importance in the surgical
6suite.
7(b) The surgical technology profession has grown to meet the
8continuing demand for well-educated, highly skilled, and versatile
9individuals to work with physicians and surgeons and other skilled
10professionals to deliver the highest possible level of patient care.
11(c) As surgical site infections have been found to be the second
12most common hospital-acquired infections in the United States, a
13key purpose of this act is to encourage the education, training, and
14utilization of surgical technologists in California, given their role
15in surgical settings in order to take specific steps to prevent surgical
16site infections.
Section 1316.1 is added to the Health and Safety Code,
18to read:
(a) A health facility shall not employ a surgical
20technologist or otherwise contract with an individual to practice
21surgical technology at the facility unless the individual meets either
22of the following requirements:
23(1) Meets both of the following requirements:
24(A) Has successfully completed a nationally accredited
25educational program for surgical technologists or a training
26program for surgical technology provided by the United States
27Army, Navy, Air Force, Marine Corps, Coast Guard, or Public
28Health Service.
29(B) Holds and maintains certification as a surgical technologist
30by the National Board of Surgical
Technology and Surgical
31Assisting or its successor, or another nationally accredited surgical
32technologist credentialing organization.
P3 1(2) Provides evidence that the individual was employed to
2practice surgical technology in a health facility at any time between
3January 1, 2013, and January 1, 2015, inclusive.
4(b) Notwithstanding subdivision (a), both of the following shall
5apply:
6(1) A health facility may employ a surgical technologist or
7contract with an individual to practice surgical technology at the
8facility during the 12-month period immediately following the
9individual’s successful completion of an educational or training
10program for surgical technology described in subparagraph (A) of
11paragraph (1) of subdivision (a). The employment or contract shall
12cease at the end of that 12-month period unless the
individual
13satisfies subparagraph (B) of paragraph (1) of subdivision (a).
14(2) A health facility may employ a surgical technologist or
15otherwise contract with an individual to practice surgical
16technology at the facility who does not meet the requirements of
17subdivision (a) or paragraph (1) if both of the following
18requirements are satisfied:
19(A) After a diligent and thorough effort has been made, the
20health facility is unable to employ or contract with a sufficient
21number of surgical technologists who meet the requirements of
22subdivision (a) or paragraph (1).
23(B) The health facility makes a written record of the efforts
24described in subparagraph (A) and retains that record at the facility.
25(c) An individual employed or under contract pursuant to
26
paragraph (2) of subdivision (a) or paragraph (2) of subdivision
27(b) shall annually complete at least 15 hours of continuing
28education pertinent to the practice of surgical technology. The
29facility shall verify that the individual has satisfied this
30requirement.
31(d) This section shall not be construed to prohibit a licensed
32health care practitioner from performing tasks that fall within the
33practice of surgical technology if the individual is acting within
34the scope of practice of his or her license.
35(e) A violation of this section shall not be subject to Section
361290.
37(f) For purposes of this section, the following definitions shall
38apply:
39(1) “Health care practitioner” means a person who engages in
40acts that are the subject of licensure or regulation
under Division
P4 12 (commencing with Section 500) of the Business and Professions
2Code or under any initiative act referred to in that division.
3(2) “Surgical technologist” means an individual who practices
4surgical technology.
5(3) “Surgical technology” means intraoperative surgical patient
6care as follows:
7(A) At the direction of, or subject to supervision by, a physician
8and surgeon, or registered nurse, preparing the operating room for
9surgical procedures by ensuring that surgical equipment is
10functioning properly and safely.
11(B) At the direction of, or subject to supervision by, a physician
12and surgeon, or registered nurse, preparing the operating room and
13the sterile field for surgical procedures by preparing sterile supplies,
14instruments, and
equipment using sterile technique.
15(C) Anticipating the needs of the surgical team based on
16knowledge of human anatomy and pathophysiology and how they
17relate to the surgical patient and the patient’s surgical procedure.
18(D) As directed in an operating room setting, performing the
19following tasks at the sterile field:
20(i) Passing supplies, equipment, or instruments.
21(ii) Sponging or suctioning an operative site.
22(iii) Preparing and cutting suture material.
23(iv) Transferring and pouring irrigation fluids.
24(v) Transferring but not administering drugs within the
sterile
25field.
26(vi) Handling specimens.
27(vii) Holding retractors and other instruments.
28(viii) Applying electrocautery to clamps on bleeders.
29(ix) Connecting drains to suction apparatus.
30(x) Applying dressings to closed wounds.
31(xi) Assisting in counting sponges, needles, supplies, and
32instruments with the registered nurse circulator.
33(xii) Cleaning and preparing instruments for sterilization on
34completion of the surgery.
35(xiii) Assisting the surgical team with cleaning of the operating
36room on
completion of the surgery.
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