Bill Text: MI HB4834 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Health facilities; staffing; requirement of continuing education for surgical technologists; require. Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding sec. 20174.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2009-04-29 - Printed Bill Filed 04/29/2009 [HB4834 Detail]
Download: Michigan-2009-HB4834-Introduced.html
HOUSE BILL No. 4834
April 28, 2009, Introduced by Reps. Donigan, Liss, Segal, Young, Geiss and Haugh and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 20174.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20174. (1) As used in this section:
(a) "Surgical technologist" means an individual who engages in
the practice of surgical technology.
(b) "Surgical technology" means working collaboratively with
perioperative nurses on surgical patient care that includes, but is
not limited to, the following tasks or functions:
(i) Preparing the operating room for surgical procedures by
ensuring that surgical equipment is functioning properly and
safely.
(ii) Preparing the operating room and the sterile field for
surgical procedures by preparing sterile supplies, instruments, and
equipment using sterile techniques.
(iii) Performing tasks within the sterile field including any of
the following:
(A) Passing supplies, equipment, or instruments.
(B) Sponging or suctioning an operative site.
(C) Preparing and cutting suture materials.
(D) Transferring, but not administering, fluids or drugs.
(E) Holding retractors.
(F) Assisting in counting sponges, needles, supplies, or
instruments.
(2) Except as otherwise provided in this section, a hospital,
freestanding surgical outpatient facility, or any other similar
entity that utilizes surgical technologists shall not employ,
independently contract with, or grant clinical privileges to an
individual as a surgical technologist unless that individual
satisfies 1 of the following:
(a) Has successfully completed an accredited education program
for surgical technologist and holds and maintains the national
certification established by the national board of surgical
technology and surgical assisting for the surgical technologist.
(b) Has completed an appropriate training program for surgical
technology in the United States army, air force, marine corps, or
coast guard or in the United States public health service.
(3) Subsection (2)(a) does not apply to an individual who is
employed by or under contract with the federal government or who,
on the effective date of this section, is employed by or under
contract with a hospital, freestanding surgical outpatient
facility, or other entity and has been employed by or under
contract with that entity for not less than 18 months over the
course of the 3 years immediately preceding the effective date of
this section.
(4) A hospital, freestanding surgical outpatient facility, or
other similar entity that utilizes surgical technologists may
petition the director of the department for a waiver from the
requirements of subsection (2) if that entity is unable to employ a
sufficient number of surgical technologists who meet the
requirements of subsection (2). The director shall grant the waiver
if the hospital, freestanding surgical outpatient facility, or
other entity can demonstrate that it made a diligent and thorough
effort to employ surgical technologists who meet the requirements
of subsection (2). A waiver granted under this subsection is valid
for not more than 6 months. The department may renew the waiver,
but the waiver shall not exceed 12 months.
(5) A surgical technologist described in subsection (2) or (3)
who is employed by, under independent contract with, or granted
clinical privileges by a hospital, freestanding surgical outpatient
facility, or any other entity shall annually complete 15 hours of
continuing education to remain qualified for and retain that
employment, contract, or clinical privileges.
(6) A hospital, freestanding surgical outpatient facility, or
any other entity that employs, contracts with, or grants clinical
privileges to a surgical technologist shall verify that the
surgical technologist meets the continuing education requirements
of subsection (5). A hospital, freestanding surgical outpatient
facility, or any other entity that employs, contracts with, or
grants clinical privileges to a surgical technologist who meets the
requirements under subsection (2)(a) shall verify that the surgical
technologist maintains the certification required in that
subdivision.
(7) Nothing in this section prohibits a licensed health
professional from performing surgical technology if the health
professional is acting within the scope of his or her license.
Enacting section 1. This amendatory act takes effect January
1, 2010.
