Bill Text: MS SB2579 | 2010 | Regular Session | Introduced
Bill Title: Qualified circulating nurse in each operating room; require for hospitals and ambulatory surgical facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB2579 Detail]
Download: Mississippi-2010-SB2579-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Public Health and Welfare
By: Senator(s) Burton
Senate Bill 2579
AN ACT TO AMEND SECTIONS 41-9-17 AND 41-75-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL REQUIRE HOSPITALS AND AMBULATORY SURGICAL FACILITIES TO HAVE A QUALIFIED REGISTERED NURSE PRESENT AS A CIRCULATING NURSE IN EACH SEPARATE OPERATING ROOM AND EACH SEPARATE INVASIVE PROCEDURE ROOM FOR THE DURATION OF THE OPERATIVE PROCEDURE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-9-17, Mississippi Code of 1972, is amended as follows:
41-9-17. The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards with respect to all hospitals to be licensed under Section 41-9-11 as may be designed to further the accomplishment of the purposes of Sections 41-9-1 through 41-9-35 in promoting safe and adequate treatment of individuals in hospitals in the interest of public health, safety and welfare. Any rule, regulation or standard adopted hereunder shall be considered as promulgated and effective from and after the time the same is recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Minimum Standard of Operation for Mississippi Hospitals." Said book shall be open and available to all hospitals and the public generally at all reasonable times. Upon the adoption of any such rule, regulation or standard, the licensing agency shall mail copies thereof to all hospitals in the state which have filed with said agency their names and addresses for this purpose, but the failure to mail the same or the failure of the hospital to receive the same shall in nowise affect the validity thereof. No such rules, regulations or standards shall be adopted or enforced which would have the effect of denying a license to a hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed therein.
A registered nurse, qualified by training and experience in operating room nursing, shall be present as a circulating nurse in any and each separate operating room and in any and each separate invasive procedure room in a licensed hospital for the duration of the operative procedure. Invasive procedures are defined as the puncture or incision of the skin, insertion of an instrument, or insertion of foreign material into the body. Invasive procedure may be performed for diagnostic or treatment related purposes. Nothing in this section precludes a circulating nurse from leaving the operating room or invasive procedure room as part of the operative or invasive procedure, leaving the operating room or invasive procedure room for short periods; or, in accordance with employee rules and regulations, being relieved during an operative or invasive procedure by another circulating nurse assigned to continue the operative or invasive procedure.
SECTION 2. Section 41-75-13, Mississippi Code of 1972, is amended as follows:
41-75-13. The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to ambulatory surgical facilities and abortion facilities licensed, or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by ensuring adequate care of individuals receiving services from such facilities. The licensing agency also shall adopt, amend, promulgate and enforce rules, regulations and standards with respect to the enforcement of the informed consent requirements of Sections 41-41-31 through 41-41-39 at abortion facilities. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of Section 25-43-1 et seq., and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules and Regulations for Operation of Ambulatory Surgical Facilities and Abortion Facilities." The book shall be open and available to all ambulatory surgical facilities and abortion facilities and the public during regular business hours.
A registered nurse, qualified by training and experience in operating room nursing, shall be present as a circulating nurse in any and each separate operating room and in any and each separate invasive procedure room in a licensed ambulatory surgical facility for the duration of the operative procedure. Invasive procedures are defined as the puncture or incision of the skin, insertion of an instrument, or insertion of foreign material into the body. Invasive procedure may be performed for diagnostic or treatment related purposes. Nothing in this section precludes a circulating nurse from leaving the operating room or invasive procedure room as part of the operative or invasive procedure, leaving the operating room or invasive procedure room for short periods; or, in accordance with employee rules and regulations, being relieved during an operative or invasive procedure by another circulating nurse assigned to continue the operative or invasive procedure.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.
