Bill Text: OH HB568 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: Regarding the practice of surgical technology in hospitals and ambulatory surgical facilities.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2010-08-11 - To Health [HB568 Detail]
Download: Ohio-2009-HB568-Introduced.html
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Representative Yuko
Cosponsors:
Representatives Mallory, Belcher, Letson, Hagan, Fende
| To enact section 3701.77 of the Revised Code | 1 |
| regarding the practice of surgical technology in | 2 |
| hospitals and ambulatory surgical facilities. | 3 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 3701.77 of the Revised Code be | 4 |
| enacted to read as follows: | 5 |
| Sec. 3701.77. (A) As used in this section: | 6 |
| (1) "Surgical technology" means patient care during a | 7 |
| surgical procedure that includes one or more of the following: | 8 |
| (a) Preparing the operating room, including the sterile | 9 |
| field, for surgical procedures by doing one or both of the | 10 |
| following: | 11 |
| (i) Ensuring that surgical equipment is functioning properly | 12 |
| and safely; | 13 |
| (ii) Handling sterile supplies, equipment, and instruments | 14 |
| using sterile technique. | 15 |
| (b) Performing one or more of the following tasks within the | 16 |
| sterile field: | 17 |
| (i) Passing supplies, equipment, and instruments; | 18 |
| (ii) Sponging or suctioning of the patient's operative site | 19 |
| or performing both activities; | 20 |
| (iii) Preparing and cutting suture material; | 21 |
| (iv) Transferring and irrigating with fluids; | 22 |
| (v) Transferring, but not administering, drugs; | 23 |
| (vi) Handling specimens; | 24 |
| (vii) Holding retractors; | 25 |
| (viii) Assisting a nurse performing circulatory duties in | 26 |
| counting sponges, needles, and other supplies and instruments. | 27 |
| (c) Anticipating and fulfilling the needs of the surgical | 28 |
| team by applying knowledge of human anatomy and pathophysiology. | 29 |
| (2) "Licensed health professional" means any of the | 30 |
| following: | 31 |
| (a) A person authorized under Chapter 4731. of the Revised | 32 |
| Code to practice medicine and surgery or osteopathic medicine and | 33 |
| surgery; | 34 |
| (b) A person authorized under Chapter 4730. of the Revised | 35 |
| Code to practice as a physician assistant; | 36 |
| (c) A person authorized under Chapter 4723. of the Revised | 37 |
| Code to practice as a registered nurse or licensed practical | 38 |
| nurse. | 39 |
| (B)(1) Except as provided in division (B)(2) of this section, | 40 |
| no facility that is classified by the department of health as a | 41 |
| hospital or licensed by the department as an ambulatory surgical | 42 |
| facility shall permit any person who is not a licensed health | 43 |
| professional to engage in the practice of surgical technology in | 44 |
| the facility unless the person meets one or more of the following | 45 |
| conditions: | 46 |
| (a) The person was engaged as a surgical technologist by a | 47 |
| facility located in this state for at least eighteen consecutive | 48 |
| months during the three-year period immediately preceding the | 49 |
| effective date of this section. | 50 |
| (b) The person holds valid certification as a surgical | 51 |
| technologist from the national board of surgical technology and | 52 |
| surgical assisting or an entity recognized by the director of | 53 |
| health as the successor of the board. | 54 |
| (c) The person has successfully completed an educational | 55 |
| program for surgical technology operated by the United States | 56 |
| army, navy, air force, marine corps, or coast guard or the United | 57 |
| States public health service. | 58 |
| (d) The person is employed by the federal government as a | 59 |
| surgical technologist and performs the duties of a surgical | 60 |
| technologist during the course of that employment. | 61 |
| (e) Not longer than twelve months prior to the effective date | 62 |
| of this section or on or after that date, the person graduated | 63 |
| from an educational program for surgical technology accredited by | 64 |
| the commission on accreditation of allied health education | 65 |
| programs or an entity recognized by the director of health as the | 66 |
| successor of the commission, except that such a person may be | 67 |
| permitted to engage in the practice of surgical technology for not | 68 |
| longer than twelve months after the date of graduation. | 69 |
| (2) A facility that is unable to comply with division (B)(1) | 70 |
| of this section may apply to the director of health for a waiver. | 71 |
| The facility shall include in the application evidence | 72 |
| satisfactory to the director that the facility has made reasonable | 73 |
| efforts but is unable to obtain the number of persons needed by | 74 |
| the facility who meet one or more of the conditions in division | 75 |
| (B)(1) of this section. | 76 |
| If the director grants the waiver, the facility may permit | 77 |
| one or more persons to engage in the practice of surgical | 78 |
| technology in the facility who do not meet any of the conditions | 79 |
| in division (B)(1) of this section. The waiver shall specify the | 80 |
| number of persons who may practice pursuant to it and shall be | 81 |
| valid for six months from the date it is granted. | 82 |
| A facility may apply for and be granted one six-month | 83 |
| extension of a waiver. When making the application, the facility | 84 |
| shall provide evidence satisfactory to the director that the | 85 |
| facility, after making reasonable efforts, continues to be unable | 86 |
| to obtain the number of persons needed by the facility who meet | 87 |
| one or more of the conditions in division (B)(1) of this section. | 88 |
| (C) A facility shall require each person described in | 89 |
| divisions (B)(1)(a) to (c) of this section to annually complete at | 90 |
| least fifteen hours of continuing education in the field of | 91 |
| surgical technology and provide evidence to the facility of having | 92 |
| met the requirement. A facility may allow a person not more than | 93 |
| six additional months to meet the requirement. | 94 |
| (D) Each facility shall annually verify that each person | 95 |
| described in divisions (B)(1)(a) to (e) of this section meets the | 96 |
| requirements of division (B) and, if applicable, division (C) of | 97 |
| this section. The facility shall maintain records of its | 98 |
| verification and make the records available at the request of the | 99 |
| director of health. | 100 |
| (E) The director of health may inspect a facility to | 101 |
| determine whether it is in compliance with this section. If the | 102 |
| director determines that a facility is not in compliance, the | 103 |
| director shall impose a fine. The amount to be imposed shall be | 104 |
| determined in accordance with the amounts specified in rules | 105 |
| adopted under division (F) of this section. | 106 |
| (F) The director of health shall adopt rules in accordance | 107 |
| with Chapter 119. of the Revised Code as the director considers | 108 |
| necessary to carry out this section, including rules regarding the | 109 |
| following: | 110 |
| (1) The application form to be used by a facility when | 111 |
| applying for a waiver under division (B)(2) of this section; | 112 |
| (2) The amounts of the fines to be imposed under division (E) | 113 |
| of this section, including increased amounts when imposing fines | 114 |
| for repeated violations. | 115 |
