Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2152 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 951 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2152
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William J. Driscoll, Jr.
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act regulating surgical assistants.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William J. Driscoll, Jr.7th Norfolk1/17/2023Lindsay N. Sabadosa1st Hampshire2/6/2023 1 of 6
16	16	HOUSE DOCKET, NO. 951 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2152
18	18	By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 2152) of
19	19	William J. Driscoll, Jr. and Lindsay N. Sabadosa relative to regulating surgical assistants. Public
20	20	Health.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act regulating surgical assistants.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
30	30	2is hereby amended by inserting after Section 237 the following new sections:-
31	31	3 Section 238. (a) As used in this section, the following words shall have the following
32	32	4meanings unless the context clearly requires otherwise:
33	33	5 ''Board'', the board of registration in surgical assistants established in section 110 of
34	34	6chapter 13.
35	35	7 “Health care practitioner”, a person licensed or registered under section 2, 16, 74 or 74A
36	36	8of chapter 112 who conducts or assists with the performance of surgery; provided, however, that
37	37	9''health care practitioner'' shall also include an intern, resident, fellow or medical officer.
38	38	10 “Surgical facility'', an entity that provides surgical health care services, whether inpatient
39	39	11or outpatient and whether overnight or ambulatory, including, but not limited to, a hospital, clinic 2 of 6
40	40	12or private office of a health care practitioner, whether conducted for charity or for profit and
41	41	13whether or not subject to section 25C, and any organization, partnership, association,
42	42	14corporation, trust or the commonwealth, or any subdivision thereof.
43	43	15 "Surgical assistant", an individual who has met the requirements of the Board for
44	44	16licensure as a surgical assistant and who works under the direct supervision of a licensed doctor
45	45	17of medicine, osteopathy, or podiatry.
46	46	18 "Surgical assisting", surgical patient care, including, but not limited to, any of the
47	47	19following: (i) manipulation of organs; (ii) suturing of tissue; (iii) placement of hemostatic agents;
48	48	20(iv) injection of local anesthetic; (v) harvesting of veins; (vi) implementation of devices; and,
49	49	21(vii) other duties as directed by a licensed doctor of medicine, osteopathy, or podiatry under the
50	50	22direct supervision of a licensed doctor of medicine, osteopathy, or podiatry.
51	51	23 (b) A surgical facility shall not employ or otherwise retain the services of a surgical
52	52	24assistant unless such person is licensed by the board of registration in surgical assistants.
53	53	25 (c) Nothing in this section shall prohibit a registered nurse, licensed or registered health
54	54	26care provider or other health care practitioner from performing surgical assistant tasks or
55	55	27functions if such person is acting within the scope of such person's license.
56	56	28 (d) Notwithstanding subsection (b), a surgical facility may employ as a surgical assistant
57	57	29an individual who does not meet the requirements of this section if said individual receives a
58	58	30waiver from the department certifying that the individual has met special circumstances as
59	59	31determined by the department: The department, in consultation with an advisory committee of
60	60	32clinicians, shall establish criteria for such waiver. Said waivers shall be valid for not longer than 3 of 6
61	61	33three months; provided however said waivers may be renewed upon determination by the
62	62	34department.
63	63	35 Section 239. The board shall have the following powers and duties:
64	64	36 (a) to promulgate regulations and adopt such rules as are necessary to regulate the field
65	65	37and practice of surgical assisting and surgical assistants;
66	66	38 (b) to receive, review, approve or disapprove applications for licensing and to issue
67	67	39licenses;
68	68	40 (c) to establish administrative procedures for processing applications for licenses and
69	69	41license renewals and to hire or appoint such agents as are appropriate for processing applications
70	70	42for licenses and license renewals;
71	71	43 (d) to retain records of its actions and proceedings in accordance with public records
72	72	44laws;
73	73	45 (e) to fine, censure, revoke, suspend or deny a license, place on probation, reprimand or
74	74	46otherwise discipline licensees for violations of the code of ethics or the rules of the board;
75	75	47 (f) to summarily suspend the license of a licensee who poses an imminent danger to the
76	76	48public but a hearing shall be afforded to the licensee within seven days of an action by the board
77	77	49to determine whether such summary action is warranted;
78	78	50 (g) to establish standards for continued licensure of surgical assistants, including
79	79	51continuing education requirements; 4 of 6
80	80	52 (h) to establish standards relating to the professional conduct, termination and
81	81	53reinstatement and renewal of licenses of surgical assistants;
82	82	54 (g) to perform such other functions and duties as may be required to carry out the
83	83	55provisions of this section and sections 238 to 241, inclusive.
84	84	56 Section 240. An application for original license, a license renewal or for the licensing
85	85	57examination shall be made on forms approved by the board and accompanied by the appropriate
86	86	58fee. The fee for original license and renewal shall be determined by the secretary of
87	87	59administration and finance. An application for original license shall be sworn and shall furnish
88	88	60satisfactory proof if the applicant is: (i) at least 18 years of age; (ii) of good moral character and;
89	89	61(iii) has met the educational and professional experience requirements. Requirements for
90	90	62licensing shall include:
91	91	63 (a) a current credential as a surgical assistant or surgical first assistant issued by the
92	92	64National Board of Surgical Technology and Surgical Assisting, the National Surgical Assistant
93	93	65Association, or the National Commission for Certification of Surgical Assistants or their
94	94	66successors;
95	95	67 (b) successful completion of a surgical assistant training program during the person's
96	96	68service as a member of any branch of the armed forces of the United States; or
97	97	69 (c) at least one year of experience as a surgical assistant in the Commonwealth and
98	98	70practice as a surgical assistant at any time in the twelve months immediately prior to July 1,
99	99	712023, provided the applicant registers with the Board by July 1, 2025. 5 of 6
100	100	72 Section 241. (a) For renewal of a license as a surgical assistant, a licensee shall attest to
101	101	73having successfully completed 38 hours of continuing education in courses directly related to the
102	102	74practice of surgical assisting as approved and documented by a provider recognized by one of the
103	103	75following: (i) the National Board of Surgical Technology and Surgical Assisting; (ii) the
104	104	76National Commission for the Certification of Surgical Assistants; or (iii) the National Surgical
105	105	77Assistant Association;
106	106	78 (b) the practitioner shall retain a completed form with all supporting documentation in his
107	107	79or her records for a period of four years following the renewal of an active license.
108	108	80 (c) the board shall periodically conduct a random audit of its active licensees to determine
109	109	81compliance and the practitioners selected for the audit shall provide all supporting
110	110	82documentation within 30 days of receiving notification of the audit;
111	111	83 (d) failure to comply with these requirements may subject the licensee to disciplinary
112	112	84action by the board;
113	113	85 (e) the board may grant an extension of the deadline for continuing competency
114	114	86requirements, for up to one year, for good cause shown upon a written request from the licensee
115	115	87prior to the renewal date; and,
116	116	88 (f) the board may grant an exemption for all or part of the requirements for circumstances
117	117	89beyond the control of the licensee, such as temporary disability, mandatory military service, or
118	118	90officially declared disasters.
119	119	91 SECTION 2. Chapter 13 of the General Laws is hereby amended by adding after section
120	120	92109 the following new section:- 6 of 6
121	121	93 Section 110. There shall be a board of registration of surgical assistants, herein called the
122	122	94board, to consist of five members to be appointed by the governor. Three members of the Board
123	123	95shall be, at the time of appointment, surgical assistants who have practiced in the Commonwealth
124	124	96for not less than three years; one member shall be a doctor of medicine, osteopathy, or podiatry
125	125	97whose practice shall include surgery; and one member shall be a citizen member appointed from
126	126	98the Commonwealth at large. No member shall be an employee of a trade association in the field
127	127	99of health care and no member who is a representative of the general public shall be engaged in
128	128	100the practice of any health care profession. Members shall be appointed for terms of four years.
129	129	101No member shall be appointed to more than two consecutive full terms but a member appointed
130	130	102for less than a full term may serve two full terms in addition to such part of a full term and a
131	131	103former member shall again be eligible for appointment after a lapse of at least one year. A
132	132	104member may be removed by the governor for neglect of duty, misconduct or malfeasance or
133	133	105misfeasance in office after a written notice of the charges against him and an opportunity to be
134	134	106heard. The board shall, at its first meeting and annually thereafter, elect from among its members
135	135	107a chairman, vice chairman and secretary. Officers shall serve until successors are elected and
136	136	108qualified. The board shall meet at the call of the chairman or upon request of three members of
137	137	109the board. The board shall meet at least two times annually. A quorum shall consist of three
138	138	110members present. Board members shall serve without compensation but shall be reimbursed for
139	139	111actual and reasonable expenses incurred in the performance of their duties