Bill Text: CA AB2062 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Health facilities: surgical technologists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-30 - Vetoed by Governor. [AB2062 Detail]

Download: California-2013-AB2062-Amended.html

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BILL NUMBER: AB 2062	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2014
	AMENDED IN ASSEMBLY  MAY 1, 2014
	AMENDED IN ASSEMBLY  APRIL 10, 2014

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) As surgical site infections have been found to be the second
most common hospital-acquired infections in the United States, a key
purpose of this act is to encourage the education, training, and
utilization of surgical technologists in California, given their role
in surgical settings in order to take specific steps to prevent
surgical site infections.
  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  shall not be construed to prohibit a
licensed   does not apply to a  health care
practitioner  from   licensed   or
certified pursuant to Division 2 (commencing with Section 500) of the
Business and Professions Code, or under an initiative act referre
  d to in that division, who is  performing tasks that
fall within the practice of surgical technology if the 
individual   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) "Health care practitioner" means a person who engages in acts
that are the subject of licensure or regulation under Division 2
(commencing with Section 500) of the Business and Professions Code or
under any initiative act referred to in that division. 

   (3) 
    (2)  "Surgical technologist" means an individual who
practices surgical technology. 
   (4) 
    (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.