Bill Text: FL S0380 | 2014 | Regular Session | Engrossed
Bill Title: Responsibilities of Health Care Facilities
Spectrum: Bipartisan Bill
Status: (Failed) 2014-05-02 - Died in Messages [S0380 Detail]
Download: Florida-2014-S0380-Engrossed.html
CS for CS for SB 380 First Engrossed (ntc) 2014380e1 1 A bill to be entitled 2 An act relating to the responsibilities of health care 3 facilities; repealing s. 383.336, F.S., relating to 4 provider hospitals; amending s. 395.0191, F.S.; 5 defining terms; prohibiting a health care facility 6 from employing or contracting with a surgical 7 assistant or surgical technologist under certain 8 circumstances; providing exceptions; amending s. 9 395.1051, F.S.; requiring a hospital to notify 10 obstetrical physicians before the hospital closes its 11 obstetrical department or ceases to provide 12 obstetrical services; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 383.336, Florida Statutes, is repealed. 17 Section 2. Present subsections (1) through (10) of section 18 395.0191, Florida Statutes, are redesignated as subsections (2) 19 through (11), respectively, and new subsections (1) and (12) are 20 added to that section, to read: 21 395.0191 Staff membership and clinical privileges.— 22 (1) As used in this section, the term: 23 (a) “Certified surgical assistant” means a surgical 24 assistant who maintains a valid and active certification under 25 one of the following designations: 26 1. Certified surgical first assistant, from the National 27 Board of Surgical Technology and Surgical Assisting. 28 2. Certified surgical assistant, from the National Surgical 29 Assistant Association. 30 3. Surgical assistant-certified, from the American Board of 31 Surgical Assistants. 32 (b) “Certified surgical technologist” means a surgical 33 technologist who maintains a valid and active certification as a 34 certified surgical technologist from the National Board of 35 Surgical Technology and Surgical Assisting. 36 (c) “Surgeon” means a health care practitioner as defined 37 in s. 456.001 whose scope of practice includes performing 38 surgery and who is listed as the primary surgeon in the 39 operative record. 40 (d) “Surgical assistant” means a person who provides aid in 41 exposure, hemostasis, closures, and other intraoperative 42 technical functions and who assists the surgeon in performing a 43 safe operation with optimal results for the patient. 44 (e) “Surgical technologist” means a person whose duties 45 include, but are not limited to, maintaining sterility during a 46 surgical procedure, handling and ensuring the availability of 47 necessary equipment and supplies, and maintaining visibility of 48 the operative site to ensure that the operating room environment 49 is safe, that proper equipment is available, and that the 50 operative procedure is conducted efficiently. 51 (12)(a) A facility may not employ or contract with any 52 person to perform the duties of a surgical assistant unless the 53 person is a certified surgical assistant. 54 (b) A facility may not employ or contract with any person 55 to perform the duties of a surgical technologist unless the 56 person is a certified surgical technologist. 57 (c) Paragraphs (a) and (b) do not apply to: 58 1. A person who has completed an appropriate training 59 program for surgical technology in any branch of the Armed 60 Forces or reserve component of the Armed Forces. 61 2. A person who was employed or contracted to perform the 62 duties of a surgical technologist or surgical assistant at any 63 time before July 1, 2014. 64 3. A health care practitioner as defined in s. 456.001 or a 65 student if the duties performed by the practitioner or the 66 student are within the scope of the practitioner’s or the 67 student’s training and practice. 68 4. A person enrolled in a surgical technology or surgical 69 assisting training program accredited by the Commission on 70 Accreditation of Allied Health Education Programs, the 71 Accrediting Bureau of Health Education Schools, or another 72 accrediting body recognized by the United States Department of 73 Education on July 1, 2014. A person may practice as a surgical 74 technologist or a surgical assistant for 1 year after completion 75 of such a training program before he or she is required to meet 76 the criteria in paragraph (a) or paragraph (b). 77 Section 3. Section 395.1051, Florida Statutes, is amended 78 to read: 79 395.1051 Duty to notify patients and obstetrical 80 physicians.— 81 (1) An appropriately trained person designated by each 82 licensed facility shall inform each patient, or an individual 83 identified pursuant to s. 765.401(1), in person about adverse 84 incidents that result in serious harm to the patient. 85 Notification of outcomes of care whichthatresult in harm to 86 the patient under this section doesshallnot constitute an 87 acknowledgment or admission of liability and may not, nor can it88 be introduced as evidence. 89 (2) A hospital shall notify each obstetrical physician who 90 has privileges at the hospital at least 120 days before the 91 hospital closes its obstetrical department or ceases to provide 92 obstetrical services, unless the hospital can demonstrate it was 93 impossible for the hospital to provide 120 days’ notice due to 94 circumstances beyond the control of the hospital or the 95 obstetrical physician. 96 Section 4. This act shall take effect July 1, 2014.