Bill Text: OR HB2173 | 2011 | Regular Session | Introduced

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Bill Title: Relating to the practice of surgical technology; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2173 Detail]

Download: Oregon-2011-HB2173-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2481

                         House Bill 2173

Sponsored by Representatives BUCKLEY, GREENLICK, Senator BATES;
  Representative CANNON (at the request of former Senator Bill
  Morrisette) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Prohibits health care facility from allowing person to practice
surgical technology unless person has certain qualifications.
Provides exception for health care facility in medically
underserved community.
  Directs Oregon Health Authority to adopt rules necessary to
carry out provisions relating to practice of surgical technology.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to the practice of surgical technology; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 5 of this 2011 Act:
  (1) 'Health care facility' means a hospital or an ambulatory
surgical center, as those terms are defined in ORS 442.015.
  (2) 'Surgical technology' means intraoperative surgical patient
care that involves:
  (a) Preparing an operating room for surgical procedures by
ensuring that surgical equipment is functioning properly and
safely;
  (b) Preparing an operating room and the sterile field for
surgical procedures by preparing sterile supplies, instruments
and equipment using sterile techniques;
  (c) Anticipating the needs of a surgical team based on
knowledge of human anatomy and pathophysiology and how those
fields relate to the surgical patient and the patient's surgical
procedure; and
  (d) Performing tasks as directed in an operating room,
including:
  (A) Passing instruments, equipment or supplies;
  (B) Sponging or suctioning of an operative site;
  (C) Preparing and cutting suture material;
  (D) Transferring fluids or drugs;
  (E) Handling specimens;
  (F) Holding retractors and other equipment;
  (G) Applying electrocautery to clamps on bleeders;
  (H) Connecting drains to suction apparatus;
  (I) Applying dressings to closed wounds; and

  (J) Assisting in counting supplies and instruments, including
sponges and needles. + }
  SECTION 2.  { + (1) A health care facility may not allow a
person to practice surgical technology at the health care
facility unless the person:
  (a)(A) Provides the health care facility with documentation
showing that the person has completed an educational program for
surgical technologists accredited by a national accreditation
organization approved by the Oregon Health Authority by rule; and
  (B) Holds and maintains a surgical technologist certification
issued by a nationally accredited certifying organization for
surgical technologists approved by the authority by rule;
  (b)(A) Provides the health care facility with documentation
showing that the person has completed a training program for
surgical technologists in the Army, Navy, Air Force, Marine Corps
or Coast Guard of the United States or in the United States
Public Health Service Commissioned Corps; and
  (B) Completes 15 hours of continuing education approved by the
authority each year; or
  (c)(A) Provides the health care facility with documentation
showing that the person practiced surgical technology during at
least two of the three years immediately preceding January 1,
2013:
  (i) In a health care facility in Oregon or in another state; or
  (ii) As an employee of an agency or institution of the federal
government; and
  (B) Completes 15 hours of continuing education approved by the
authority each year.
  (2) Notwithstanding subsection (1)(a)(B) of this section, a
health care facility may allow a person who does not hold a
surgical technologist certification to perform surgical
technology at the health care facility for 12 months after the
person completes an educational program for surgical
technologists accredited by a national accreditation organization
approved by the authority by rule. + }
  SECTION 3.  { + (1) A health care facility in a medically
underserved community, as defined by the Office of Rural Health
pursuant to ORS 442.555, may allow a person to practice as a
surgical technologist at the health care facility who does not
meet the requirements of section 2 of this 2011 Act if:
  (a) After making a diligent and thorough effort, the health
care facility is unable to employ or contract with a sufficient
number of surgical technologists who meet the requirements of
section 2 of this 2011 Act; and
  (b) The health care facility makes a written record of the
efforts made to employ or contract with surgical technologists
who meet the requirements of section 2 of this 2011 Act and
retains the record for inspection by the Oregon Health Authority.
  (2) A health care facility that meets the requirements of
subsection (1) of this section may allow a person to practice
surgical technology without meeting the requirements of section 2
of this 2011 Act for no more than two years. + }
  SECTION 4.  { + Section 2 of this 2011 Act does not apply to a
health care facility that allows a licensed health care
practitioner to perform the duties of a surgical technologist if
the practitioner is acting within the scope of practice of the
practitioner's license. + }
  SECTION 5.  { + The Oregon Health Authority shall adopt rules
necessary to carry out sections 1 to 5 of this 2011 Act,
including but not limited to penalties for violation of sections
1 to 5 of this 2011 Act or rules adopted under sections 1 to 5 of
this 2011 Act. + }
  SECTION 6.  { + (1) Sections 1 to 5 of this 2011 Act become
operative on January 1, 2013.
  (2) The Oregon Health Authority may take any action before the
operative date specified in subsection (1) of this section that
is necessary to enable the authority to exercise, on and after
the operative date specified in subsection (1) of this section,
all of the duties, functions and powers conferred on the
authority by sections 1 to 5 of this 2011 Act. + }
  SECTION 7.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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