Amended in Senate July 3, 2014

Amended in Senate June 23, 2014

Amended in Assembly May 1, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2062

Introduced by Assembly Member Roger Hernández

February 20, 2014

An act to add Section 1316.1 to the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 2062, as amended, 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, as defined, 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 prior to January 1, 2015. 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 requirements regarding training and certification or prior practice, as specified. The bill would also specify other exceptions to this prohibition and would provide 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:

SECTION 1.  

The Legislature finds and declares the following:

(a) Surgical technologists are coresponsible for the
environmental disinfection, safety, and efficiency of the operating
room, and their knowledge and experience with aseptic surgical
techniques 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)  begin delete As surgical site infections have been found to be the second
most common hospital-acquired infections in the United States, a end delete
begin insert A end insert key purpose of this act is to encourage the education, training,
and utilization of surgical technologists in California, given their
begin insert vital end insert role in begin insert the end insert surgical begin delete settings in order to take specific steps to
prevent surgical site infections end delete begin insert setting end insert .

SEC. 2.  

Section 1316.1 is added to the Health and Safety Code,
to read:

1316.1.  

(a) A health facility shall not employ a surgical
technologist or otherwise contract with an individual to practice
surgical technology at the facility, unless the individual meets
either of the following requirements:

(1) Meets both of the following requirements:

(A) Has successfully completed either of the following:

(i) A surgical technology educational program accredited by
the Commission on Accreditation of Allied Health Education
Programs or by an organization recognized by the Council for
Higher Education Accreditation or the United States Department
of Education.

(ii) A training program for surgical technology provided by the
United States Army, Navy, Air Force, Marine Corps, Coast Guard,
or Public Health Service.

(B) Holds and maintains certification as a surgical technologist
by a credentialing organization with a surgical technologist
certification program that is accredited by either the National
Commission for Certifying Agencies or the American National
Standards Institute.

(2) Provides evidence that the individual was employed to
practice surgical technology in a health facility at any time prior
to January 1, 2015. An individual employed or under contract
pursuant to this paragraph shall complete continuing education or
skills training equivalent to the continuing education or skills
training necessary to maintain a certification described in
subparagraph (B) of paragraph (1).

(b) For purposes of paragraph (2) of subdivision (a), a health
facility that employs or contracts with surgical technologists shall,
upon request of another health facility pursuant to this section, or
upon request of a surgical technologist who is employed by, or
has contracted with, or who was formerly employed by or had
contracted with, the health facility to perform surgical technology
tasks, verify the dates of employment of, or a contract with, the
surgical technologist.

(c) Notwithstanding subdivision (a), both of the following shall
apply:

(1) A health facility may employ a surgical technologist or
contract with an individual to practice surgical technology at the
facility during the 12-month period immediately following the
individual’s successful completion of an educational or training
program for surgical technology described in subparagraph (A) of
paragraph (1) of subdivision (a). The employment or contract shall
cease at the end of that 12-month period unless the individual
satisfies subparagraph (B) of paragraph (1) of subdivision (a).

(2) A health facility may employ a surgical technologist or
otherwise contract with an individual to practice surgical
technology at the facility who does not meet the requirements of
subdivision (a) or paragraph (1) if both of the following
requirements are satisfied:

(A) After a diligent and thorough effort has been made, the
health facility is unable to employ or contract with a sufficient
number of surgical technologists who meet the requirements of
subdivision (a) or paragraph (1).

(B) The health facility makes a written record of the efforts
described in subparagraph (A) and retains that record at the facility.

(d) This section does not apply to a health care practitioner
licensed or certified pursuant to Division 2 (commencing with
Section 500) of the Business and Professions Code, or under an
initiative act referred to in that division, who is performing tasks
that fall within the practice of surgical technology if the practitioner
is acting within the scope of practice of his or her license or
certification.

(e) A violation of this section shall not be subject to Section
1290.

(f) For purposes of this section, the following definitions shall
apply:

(1) “Health facility” means any health facility that is defined
pursuant to Section 1204 or 1250, and includes any outpatient
setting described in Section 1248.

(2) “Surgical technologist” means an individual who practices
surgical technology.

(3) “Surgical technology” means intraoperative surgical patient
care as follows:

(A) At the direction of, or subject to supervision by, a physician
and surgeon, or registered nurse, preparing the operating room for
surgical procedures by ensuring that surgical equipment is
functioning properly and safely.

(B) At the direction of, or subject to supervision by, a physician
and surgeon, or registered nurse, 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.

(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) Connecting drains to suction apparatus.

(ix) Applying dressings to closed wounds.

(x) Assisting in counting sponges, needles, supplies, and
instruments with the registered nurse circulator.

(xi) Cleaning and preparing instruments for sterilization on
completion of the surgery.

(xii) Assisting the surgical team with cleaning of the operating
room on completion of the surgery.