NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7419A
SPONSOR: Cahill TITLE OF BILL: An act to amend the public health law, in relation to
surgical technology and surgical technologists
PURPOSE:
The bill amends Article 28 of the public health law by adding section
2824 to establish certain requirements for surgical technologists work-
ing in healthcare facilities.
SUMMARY OF PROVISIONS:
Section 2824(1) defines the terms healthcare facility, surgical technol-
ogist, surgical technology and healthcare professional.
Section 2824(2) states that a surgical technologist shall not perform
surgical technology except under the direction and supervision of an
appropriately licensed healthcare professional participating in the
surgery.
Section 2824(3) requires surgical technologists functioning in health-
care facilities to be certified or complete an appropriate training
program for surgical technology in the U.S. military, A healthcare
facility cannot employ or contract with a surgical technologist unless
the person meets the listed requirement.
Section 2824(4) provides an exception for individuals who are employed
as surgical technologists for a cumulative period of two years on or in
the four years prior to the effective date.
Section 2824(5) requires surgical technologists to annually complete'
fifteen hours of continuing education to remain qualified to practice
surgical technology.
Section 2824(G) requires surgical technologists to document in writing
good cause that prevents compliance with continuing education require-
ment in order to receive an extension, specifies reasons in which an
extension may be granted and defines who may grant an extension.
Section 2824(7) allows a healthcare facility to employ or contract with
an individual who does not meet the requirements of this bill if the
facility can demonstrate diligent and thorough efforts to be in compli-
ance. It also requires the employer to demonstrate that the individual
has met the requirements of subdivision 3 of this section within twen-
ty-four months.
Section 2824(8) allows a healthcare professional to perform surgical
technology tasks if such tasks are within. the scope of his or her indi-
vidual license. Further clarifies that nothing in this section shall
allow for an unlicensed individual to perform tasks or functions limited
to the scope of practice of a healthcare professional.
Section 2824 (9) states that a healthcare facility who employs or.
contracts a surgical technologist shall verify the dates of employment
or contract at the request of the employee or another healthcare facili-
ty.
Section 2824 (10) grants the commissioner the authority to promulgate
regulations.
Section 2 sets the effective date.
EXISTING LAW:
There is no existing law regulating the training or skills required of
surgical technologists in health care facilities. As to the practice
environment for surgical technologists, 10 CRR-NY § 405.12(a)(1)states:
"The operating room shall be supervised by a registered professional
nurse or physician who the hospital finds qualified by training and
experience for this. role. The regulation speaks specifically to the
supervision of surgical technologists in the performance of certain
duties in (iii) as follows: "Licensed practical nurses and surgical
technologists may perform scrub functions and may assist in the circu-
lating duties under- the supervision of a circulating nurse who is pres-
ent in the operating room for the duration of the procedure." 42 C.F.R.
$ 482.51(a) (1) states: "The operating rooms must be supervised by an
experienced registered nurse or a doctor of medicine or osteopathy. (2)
Licensed practical nurses (LPNs) and surgical technologists (operating
room technicians) may serve as "scrub nurses" under the supervision of a
registered nurse. (3) Qualified registered nurses may perform circulat-
ing duties in the operating room. In accordance with applicable State
laws and approved medical staff policies and procedures, LPNs and surgi-
cal technologists may assist in circulatory
duties under the supervision of a qualified registered nurse who is
immediately available to respond to emergencies." Nothing in this bill
is intended to impact these existing state and federal supervisory
requirements in any way.
JUSTIFICATION:
Surgical technologists have a vital role in creating and maintaining a
sterile surgical room, ensuring that surgical equipment is functioning
properly and safely, and assisting surgeons during surgical procedures.
Because surgical technologists are directly responsible for patients'
wellbeing and safety, they are expected to possess a certain level of
competence and skill. Furthermore, surgical technologists must be cogni-
zant of surgeons' needs while performing an operation and this type of
knowledge requires specific training and continuing education.
While surgical technology is an established field with accredited
programs, health care facilities are riot required to employ or contract
with credentialed individuals.
This law requires hospitals to hire only certified personnel, or indi-
viduals falling within the exceptions of the bill. Hospitals that
contract for and hire surgical technologists to practice in their oper-
ating rooms must ensure that these professionals are competent and
adequately skilled to perform the job.
PRIOR LEGISLATIVE HISTORY:
unanimously. Vetoed (#158).
2011 - Similar bill (S.4563-A/A.6539-B) passed Senate and Assembly unan-
imously. Vetoed (475).
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
The act shall take effect on the first day of the eighteenth month after
it shall have become law.
