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 specifiedbegin insert, and would require that certain individuals complete specified continuing education or skills training in surgical technologyend insert. The bill wouldbegin delete also specify other exceptions to this prohibition and wouldend delete 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:
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) A key purpose of this act is to encourage the education,
12training, and utilization of surgical technologists in California,
13given their vital role in the surgical
setting.
Section 1316.1 is added to the Health and Safety Code,
15to read:
(a) A health facility shall not employ a surgical
17technologist or otherwise contract with an individual to practice
18surgical technology at the facility, unless the individual meets
19either of the following requirements:
20(1) Meets both of the following requirements:
21(A) Has successfully completed either of the following:
22(i) A surgical technology educational program accredited by
23the Commission on Accreditation of Allied Health Education
24Programs or by an organization recognized by the Council for
P3 1Higher Education Accreditation or the United States
Department
2of Education.
3(ii) A training program for surgical technology provided by the
4United States Army, Navy, Air Force, Marine Corps, Coast Guard,
5or Public Health Service.
6(B) Holds and maintains certification as a surgical technologist
7
by a credentialing organization with a surgical technologist
8certification program that is accredited by either the National
9Commission for Certifying Agencies or the American National
10Standards Institute.
11(2) Provides evidence that the individual was employed to
12practice surgical technology in a health facility at any time prior
13to January 1, 2015. An individual employed or under contract
14pursuant to this paragraph shall complete continuing education or
15skills training equivalent to the continuing education or skills
16training necessary to maintain a certification described in
17subparagraph (B) of paragraph (1).
18(b) For purposes of paragraph (2) of subdivision (a), a health
19facility that employs or contracts with surgical technologists shall,
20upon request of another
health facility pursuant to this section, or
21upon request of a surgical technologist who is employed by, or
22has contracted with, or who was formerly employed by or had
23contracted with, the health facility to perform surgical technology
24tasks, verify the dates of employment of, or a contract with, the
25surgical technologist.
26(c) Notwithstanding subdivision (a), both of the following shall
27apply:
28(1) A health facility may employ a surgical technologist or
29contract with an individual to practice surgical technology at the
30facility during the 12-month period immediately following the
31individual’s successful completion of an educational or training
32program for surgical technology described in subparagraph (A) of
33paragraph (1) of subdivision (a). The employment or contract shall
34cease
at the end of that 12-month period unless the individual
35satisfies subparagraph (B) of paragraph (1) of subdivision (a).
36(2) A health facility may employ a surgical technologist or
37otherwise contract with an individual to practice surgical
38technology at the facility who does not meet the requirements of
39subdivision (a) or paragraph (1) ifbegin delete bothend deletebegin insert allend insert of the following
40requirements are satisfied:
P4 1(A) After a diligent and thorough effort has been made, the
2health facility is unable to employ or contract with a sufficient
3number of surgical technologists who meet the requirements of
4subdivision (a) or paragraph
(1).
5(B) The health facility makes a written record of the efforts
6described in subparagraph (A) and retains that record at the facility.
7(C) Any individual employed or under contract pursuant to this
8paragraph completes continuing education or skills training
9equivalent to the continuing education or skills training necessary
10to maintain a certification described in subparagraph (B) of
11paragraph (1) of subdivision (a).
12(d) This section does not apply to a health care practitioner
13licensed or certified pursuant to Division 2 (commencing with
14Section 500) of the Business and Professions Code, or under an
15initiative act referred to in that division, who is performing
tasks
16that fall within the practice of surgical technology if the practitioner
17is acting within the scope of practice of his or her license or
18certification.
19(e) A violation of this section shall not be subject to Section
201290.
21(f) For purposes of this section, the following definitions shall
22apply:
23(1) “Health facility” means any health facility that is defined
24pursuant to Section 1204 or 1250, and includes any outpatient
25setting described in Section 1248.
26(2) “Surgical technologist” means an individual who practices
27surgical technology.
28(3) “Surgical technology” means intraoperative
surgical patient
29care as follows:
30(A) At the direction of, or subject to supervision by, a physician
31and surgeon, or registered nurse, preparing the operating room for
32surgical procedures by ensuring that surgical equipment is
33functioning properly and safely.
34(B) At the direction of, or subject to supervision by, a physician
35and surgeon, or registered nurse, preparing the operating room and
36the sterile field for surgical procedures by preparing sterile supplies,
37instruments, and equipment using sterile technique.
38(C) Anticipating the needs of the surgical team based on
39knowledge of human anatomy and pathophysiology and how they
40relate to the surgical patient and the patient’s surgical procedure.
P5 1(D) As directed in an operating room setting, performing the
2following tasks at the sterile field:
3(i) Passing supplies, equipment, or instruments.
4(ii) Sponging or suctioning an operative site.
5(iii) Preparing and cutting suture material.
6(iv) Transferring and pouring irrigation fluids.
7(v) Transferring but not administering drugs within the sterile
8field.
9(vi) Handling specimens.
10(vii) Holding retractors and other instruments.
11(viii) Connecting drains to suction apparatus.
12(ix) Applying dressings to closed wounds.
13(x) Assisting in counting sponges, needles, supplies, and
14instruments with the registered nurse circulator.
15(xi) Cleaning and preparing instruments for sterilization on
16completion of the surgery.
17(xii) Assisting the surgical team with cleaning of the operating
18room on completion of the surgery.
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