BILL ANALYSIS Ó
AB 2062
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Date of Hearing: April 22, 2014
ASSEMBLY COMMITTEE ON HEALTH
Richard Pan, Chair
AB 2062 (Roger Hernández) - As Amended: April 10, 2014
SUBJECT : Health facilities: surgical technologists.
SUMMARY : Prohibits a health facility from employing a surgical
technologist unless they meet specific training requirements.
Specifically, this bill :
1)Prohibits a health facility from employing a surgical
technologist or contracting with an individual to practice
surgical technology at the facility unless the individual
meets either of the following requirements:
a) Meets both of the following requirements:
i) Has successfully completed a nationally accredited
educational program for surgical technologists or a
training program for surgical technology provided by the
U.S. Army, Navy, Air Force, Marine Corps, Coast Guard, or
Public Health Service; and,
ii) Holds and maintains certification as a surgical
technologist by the National Board of Surgical Technology
and Surgical Assisting (NBSTSA) or its successor, or from
the National Center for Competency Testing (NCCT) or its
successor.
b) Provides evidence that the individual was employed to
practice surgical technology in a health facility prior to
January 1, 2015.
2)Requires a health facility, upon the request of another health
facility or a surgical technologist who is currently or was
formerly employed or contracted with the health facility, to
verify the dates of employment of, or contract with, the
surgical technologist.
3)Allows a health facility to employ a surgical technologist or
contract with an individual to practice surgical technology
during the 12-month period immediately following the
individual's completion of an educational or training program,
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but that the employment or contract will cease at the end of
the 12 months unless the individual becomes certified by the
NBSTSA or the NCCT.
4)Allows a health facility to employ or contract with a surgical
technologist who does not meet the requirements in 1) above
if, after a diligent and thorough effort has been made to
employ or contract with qualified surgical technologists and
not enough can be found. Requires the health facility to make
a written record of the efforts and maintain that record at
the facility.
5)Clarifies that the provisions of this bill do not prohibit a
licensed health care practitioner from performing tasks that
fall within the practice of surgical technology if the
individual is acting within the scope of practice of his or
her license.
6)Provides that a violation of these provisions is not subject
to health facility licensing provision penalties.
7)Defines a surgical technologist as an individual who practices
surgical technology which is defined as intraoperative
surgical patient care at the direction of, or subject to the
supervision by, a physician and surgeon, or registered nurse,
and includes, among other things, preparing the operating room
for surgical procedures by ensuring that surgical equipment is
functioning properly and safely, and preparing the operating
room and the sterile field for surgical procedures by
preparing sterile supplies, instruments, and equipment using
sterile techniques.
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, and
registered nurses by the Board of Registered Nursing.
FISCAL EFFECT : This bill has not been analyzed by a fiscal
committee.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, surgical
technologists are the only member of the surgical team with no
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required, mandated minimum level of education, training, or
certification. The author states that surgical technologists
are a key member of the surgical team in any operating room
responsible for the environmental disinfection, safety, and
efficiency and that this is important because surgical site
infections (SSIs) significantly drive up health care costs.
The author asserts that nationwide, hospital costs are
estimated at $20,785 per surgical site infection, accounting
for $3.3 billion in total annual U.S. healthcare costs and
that this bill will improve patient care safety while lowering
health care costs by raising the education and training
standards for surgical technologists in California.
2)BACKGROUND . According to the Centers for Disease Control and
Prevention, a SSI is an infection that occurs after surgery in
the part of the body where the surgery took place. SSIs can
sometimes be superficial infections involving the skin only.
Other SSIs are more serious and can involve tissues under the
skin, organs, or implanted material. Nationwide, about
157,500 SSIs occur as a result of inpatient surgery each year.
Currently eight states have minimum education and
certification requirements for surgical technologists: Idaho,
Indiana, Massachusetts, New Jersey, New York, South Carolina,
Tennessee, and Texas. Data from Virginia indicate that
facilities utilizing certified surgical technologists reduced
the costs associated with extended stays due to SSIs by 11%.
3)SUPPORT . The California State Council of the Service
Employees International Union (SEIU California) is the sponsor
of this bill and states, currently there are no training or
educational standards for surgical technologists in
California, and this bill requires a newly hired surgical
technologist to attend an accredited training program and
obtain a certification from a nationally accredited
organization. SEIU California asserts that an accredited
training program gives surgical technologists an unparalleled
understanding of how to maintain a sterile field and allows
them to anticipate the needs of the surgical team. SEIU
California further argues that accredited training programs
and certification along with the experience of the current
workforce will contribute to lower the rates of surgical site
infections and adverse surgical events, improving patient
safety.
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The Association of Surgical Technologists supports this bill
and writes that the surgical technologist is the professional
in the operating room charged with the responsibility of
maintaining the integrity of the sterile field and preventing
surgical site infections and if a surgical technologist holds
certification, it means the individual has had extensive
didactic education and training in sterile technique.
The California Labor Federation (CLF) supports this bill,
writing that hospitals can help prevent SSIs and other
operating room hazards by employing the most skilled and
highly-trained surgical technologists available. CLF furthers
argue that the eight states that have minimum standards for
surgical technologists have seen a reduction in health care
costs due to fewer SSIs and the costs associated with longer
hospital stays after surgical infection.
4)PREVIOUS LEGISLATION . AB 2561 (Roger Hernández) of 2012 would
have established the Certified Surgical Technologist Act and
made it unlawful for a person to use the title "certified
surgical technologist" unless the person met certain
requirements. AB 2561 was vetoed by Governor Brown. He
stated in his veto message, "I respect the time and effort
that surgical technologists have put into developing their
skills and obtaining voluntary certification. Such actions
speak well of their professional commitment and desire to
advance their careers. I don't agree, however, that we need
to establish 'title protection' for certified surgical
technologists in law. For those who have taken the time to
become certified, let the marketplace reward their higher
skills and education. Recognition by the state is not
needed."
REGISTERED SUPPORT / OPPOSITION :
Support
California State Council of the Service Employees International
Union (sponsor)
Association of Surgical Technologists
California Dietetic Association
California Health Collaborative
California Labor Federation
National Board of Surgical Technology and Surgical Assisting
One individual surgeon
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Opposition
None on file.
Analysis Prepared by : Lara Flynn / HEALTH / (916) 319-2097