75th OREGON LEGISLATIVE ASSEMBLY--2010 Special 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 50

                           A-Engrossed

                        Senate Bill 1010
                Ordered by the Senate February 22
          Including Senate Amendments dated February 22

Sponsored by Senator 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.

  Requires person practicing as surgical technologist to obtain
registration from Oregon Health Authority. Prohibits employer
from hiring or contracting with unregistered surgical
technologist except in certain circumstances.
  Establishes standards and registration requirements for
surgical technologists.
  Imposes civil penalty for certain violations by health care
facility or person practicing as surgical technologist.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to surgical technologists; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 12 of this 2010 Act:
  (1) 'Health care facility' means a hospital or an ambulatory
surgical center, as those terms are defined in ORS 442.015.
  (2) 'Surgical technologist' means a person who:
  (a) Prepares an operating room and sterile field for surgical
procedures by preparing sterile supplies, instruments and
equipment using sterile techniques;
  (b) Prepares an operating room for surgical procedures by
ensuring that surgical equipment is functioning properly and
safely; and
  (c) Performs tasks as directed in an operating room, including
passing instruments, equipment or supplies, sponging or
suctioning of an operative site, preparing and cutting suture
material, transferring fluids or drugs, holding retractors and
assisting in counting sponges, needles, supplies and
instruments. + }
  SECTION 2.  { + Except as provided in section 3 of this 2010
Act:
  (1) A person may not practice as a surgical technologist unless
the person is registered under section 8 of this 2010 Act.
  (2) A health care facility may not employ or contract with a
person as a surgical technologist unless the person is registered
under section 8 of this 2010 Act. + }
  SECTION 3.  { + A health care facility in a medically
underserved community as defined by the Office of Rural Health
pursuant to ORS 442.555 may employ or contract with a person as a
surgical technologist who is not registered under section 8 of
this 2010 Act and the person may practice as a surgical
technologist at the health care facility if:
  (1) 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 are registered under section
8 of this 2010 Act;
  (2) The health care facility makes a written record of the
efforts made to employ surgical technologists who are registered
under section 8 of this 2010 Act and retains the record for
inspection by the Oregon Health Authority; and
  (3) The health care facility notifies the authority that the
person is practicing as a surgical technologist at the facility
and annually provides the authority with documentation that the
person has completed the continuing education requirements of
section 10 of this 2010 Act. + }
  SECTION 4.  { + (1) A health care facility shall supervise each
surgical technologist employed by or under contract with the
facility according to the facility's policies and procedures to
ensure that the surgical technologist competently performs
delegated tasks according to applicable provisions of law.
  (2) A surgical technologist may perform only those tasks in the
operating room that are within the surgical technologist's range
of function. + }
  SECTION 5.  { + (1) A health care facility may not permit a
surgical technologist to serve as a circulating nurse.
  (2) A surgical technologist may assist in the performance of
the duties of a circulating nurse consistent with the surgical
technologist's education, training and experience and as assigned
and supervised by the circulating nurse, provided that the
circulating nurse is present in the operating room.
  (3) As used in this section, 'circulating nurse' has the
meaning given that term in ORS 678.362. + }
  SECTION 6.  { + An applicant is eligible for registration by
the Oregon Health Authority as a surgical technologist if the
applicant:
  (1)(a) Has completed an educational program for surgical
technologists administered by a national organization approved by
the authority; and
  (b) Holds and maintains a certified surgical technologist
credential issued by a national organization approved by the
authority;
  (2) 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; or
  (3) Has completed an educational program for surgical
technologists accredited by a national organization approved by
the authority and agrees to obtain a certified surgical
technologist credential issued by a national organization
approved by the authority within six months after
registration. + }
  SECTION 7.  { + An applicant who does not meet the requirements
of section 6 of this 2010 Act is eligible for registration as a
surgical technologist if the person was employed as or was under
contract as a surgical technologist in a health care facility
during two of the three years immediately preceding January 1,
2012. + }
  SECTION 8.  { + The Oregon Health Authority shall issue a
registration as a surgical technologist to an applicant who:
  (1) Applies to the authority for registration as a surgical
technologist in the form and manner provided by the authority by
rule;

  (2) Provides the authority with documentation required by rule
of the authority showing that the applicant is eligible for
registration under section 6 or 7 of this 2010 Act;
  (3) Pays a nonrefundable application fee in the amount of $110;
and
  (4) Provides other information that the authority requires by
rule. + }
  SECTION 9.  { + A surgical technologist registration issued by
the Oregon Health Authority under section 8 of this 2010 Act
expires two years after the date of issuance. On or before the
expiration date, an applicant may apply to the authority for
renewal of the registration. The application must:
  (1) Include documentation that the applicant has completed the
continuing education required by section 10 of this 2010 Act;
  (2) Be accompanied by a fee established by the authority by
rule; and
  (3) Include other information required by the authority by
rule. + }
  SECTION 10.  { + (1) A surgical technologist shall annually
complete 15 hours of continuing education approved by a national
organization approved by the Oregon Health Authority.
  (2) A person who holds a certified surgical technologist
credential issued by a national organization approved by the
authority satisfies the continuing education requirement of this
section. + }
  SECTION 11.  { + (1) The Oregon Health Authority may impose a
civil penalty not to exceed $5,000 for each violation by a health
care facility of section 2, 4 or 5 of this 2010 Act.
  (2) The authority may impose a civil penalty not to exceed
$1,000 on any person who violates section 2 of this 2010 Act by
practicing as a surgical technologist without being registered by
the authority.
  (3) Civil penalties under this section shall be imposed as
provided in ORS 183.745. + }
  SECTION 12.  { + Sections 1 to 12 of this 2010 Act do not apply
to:
  (1) A licensed health care practitioner who is performing the
duties of a surgical technologist consistent with the
practitioner's license and range of function; or
  (2) A person who is employed by or under contract with the
federal government and who is performing duties as a surgical
technologist. + }
  SECTION 13.  { + The Oregon Health Authority shall adopt rules
as necessary to carry out sections 1 to 12 of this 2010 Act,
including but not limited to rules specifying the grounds for
denying, suspending, revoking or refusing to renew a
registration. + }
  SECTION 14.  { + Moneys collected under sections 8, 9 and 11 of
this 2010 Act shall be deposited in the Oregon Health Authority
Fund established under ORS 413.031 and used for the purposes of
carrying out sections 1 to 12 of this 2010 Act. + }
  SECTION 15.  { + (1) Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 11, 12
and 13 of this 2010 Act become operative on January 1, 2012.
  (2) Section 10 of this 2010 Act becomes operative on January 1,
2013. + }
  SECTION 16.  { + The Oregon Health Authority may take any
action before the operative dates specified in section 15 of this
2010 Act that is necessary to enable the authority to exercise,
on or after the operative dates specified in section 15 of this
2010 Act, all of the duties, functions and powers conferred on
the authority by sections 1 to 12 and 13 of this 2010 Act. + }
  SECTION 17.  { + This 2010 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2010 Act takes effect on
its passage. + }
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