Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1387 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1928 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1387
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John F. Keenan
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 :John F. KeenanNorfolk and PlymouthJoanne M. ComerfordHampshire, Franklin and Worcester1/25/2023James B. EldridgeMiddlesex and Worcester3/6/2023 1 of 6
16	16	SENATE DOCKET, NO. 1928 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 1387
18	18	By Mr. Keenan, a petition (accompanied by bill, Senate, No. 1387) of John F. Keenan, Joanne
19	19	M. Comerford and James B. Eldridge for legislation to regulate surgical assistants. Public
20	20	Health.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 1449 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act regulating surgical assistants.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
32	32	2is hereby amended by inserting after Section 242 the following new sections:-
33	33	3 Section 243. (a) As used in this section, the following words shall have the following
34	34	4meanings unless the context clearly requires otherwise:
35	35	5 ''Board'', the board of registration in surgical assistants established in section 110 of
36	36	6chapter 13.
37	37	7 “Health care practitioner”, a person licensed or registered under sections 2, 16, 74 or 74A
38	38	8of chapter 112 who conducts or assists with the performance of surgery; provided, however, that
39	39	9''health care practitioner'' shall also include an intern, resident, fellow or medical officer. 2 of 6
40	40	10 “Surgical facility'', an entity that provides surgical health care services, whether inpatient
41	41	11or outpatient and whether overnight or ambulatory, including, but not limited to, a hospital, clinic
42	42	12or private office of a health care practitioner, whether conducted for charity or for profit and
43	43	13whether or not subject to section 25C, and any organization, partnership, association,
44	44	14corporation, trust or the commonwealth or any subdivision thereof.
45	45	15 "Surgical assistant", an individual who has met the requirements of the board for
46	46	16licensure as a surgical assistant and who works under the direct supervision of a licensed doctor
47	47	17of medicine, osteopathy or podiatry.
48	48	18 "Surgical assisting", surgical patient care, including, but not limited to, any of the
49	49	19following: (i) manipulation of organs; (ii) suturing of tissue; (iii) placement of hemostatic agents;
50	50	20(iv) injection of local anesthetic; (v) harvesting of veins; (vi) implementation of devices; and,
51	51	21(vii) other duties as directed by a licensed doctor of medicine, osteopathy or podiatry under the
52	52	22direct supervision of a licensed doctor of medicine, osteopathy or podiatry.
53	53	23 (b) A surgical facility shall not employ or otherwise retain the services of a surgical
54	54	24assistant unless such person is licensed by the board of registration in surgical assistants.
55	55	25 (c) Nothing in this section shall prohibit a registered nurse, licensed or registered health
56	56	26care provider or other health care practitioner from performing surgical assistant tasks or
57	57	27functions if such person is acting within the scope of such person's license.
58	58	28 (d) Notwithstanding subsection (b), a surgical facility may employ as a surgical assistant
59	59	29an individual who does not meet the requirements of this section if said individual receives a
60	60	30waiver from the department certifying that the individual has met special circumstances as
61	61	31determined by the department. The department, in consultation with an advisory committee of 3 of 6
62	62	32clinicians, shall establish criteria for such waiver. Said waivers shall be valid for not longer than
63	63	33three months; provided however said waivers may be renewed upon determination by the
64	64	34department.
65	65	35 Section 244. The board shall have the following powers and duties:
66	66	36 (a) to promulgate regulations and adopt such rules as are necessary to regulate the field
67	67	37and practice of surgical assisting and surgical assistants;
68	68	38 (b) to receive, review, approve or disapprove applications for licensing and to issue
69	69	39licenses;
70	70	40 (c) to establish administrative procedures for processing applications for licenses and
71	71	41license renewals and to hire or appoint such agents as are appropriate for processing applications
72	72	42for licenses and license renewals;
73	73	43 (d) to retain records of its actions and proceedings in accordance with public records
74	74	44laws;
75	75	45 (e) to fine, censure, revoke, suspend or deny a license, place on probation, reprimand or
76	76	46otherwise discipline licensees for violations of the code of ethics or the rules of the board;
77	77	47 (f) to summarily suspend the license of a licensee who poses an imminent danger to the
78	78	48public; provided, that a hearing shall be afforded to the licensee within seven days of an action
79	79	49by the board to determine whether such summary action is warranted;
80	80	50 (g) to establish standards for continued licensure of surgical assistants, including
81	81	51continuing education requirements; 4 of 6
82	82	52 (h) to establish standards relating to the professional conduct, termination and
83	83	53reinstatement and renewal of licenses of surgical assistants; and
84	84	54 (i) to perform such other functions and duties as may be required to carry out the
85	85	55provisions of this section and sections 243 to 246, inclusive.
86	86	56 Section 245. An application for original license, a license renewal or the licensing
87	87	57examination shall be made on forms approved by the board and accompanied by the appropriate
88	88	58fee. The fee for original license and renewal shall be determined by the secretary of
89	89	59administration and finance. An application for original license shall be sworn and shall furnish
90	90	60satisfactory proof if the applicant is: (i) at least 18 years of age; (ii) of good moral character; and
91	91	61(iii) has met the educational and professional experience requirements. Requirements for
92	92	62licensing shall include:
93	93	63 (a) a current credential as a surgical assistant or surgical first assistant issued by the
94	94	64National Board of Surgical Technology and Surgical Assisting, the National Surgical Assistant
95	95	65Association or the National Commission for Certification of Surgical Assistants or their
96	96	66successors;
97	97	67 (b) successful completion of a surgical assistant training program during the person's
98	98	68service as a member of any branch of the armed forces of the United States; or
99	99	69 (c) at least one year of experience as a surgical assistant in the commonwealth and
100	100	70practice as a surgical assistant at any time in the twelve months immediately prior to July 1,
101	101	712023, provided the applicant registers with the Board by July 1, 2025. 5 of 6
102	102	72 Section 246. (a) For renewal of a license as a surgical assistant, a licensee shall attest to
103	103	73having successfully completed 38 hours of continuing education in courses directly related to the
104	104	74practice of surgical assisting as approved and documented by a provider recognized by one of the
105	105	75following: (i) the National Board of Surgical Technology and Surgical Assisting; (ii) the
106	106	76National Commission for the Certification of Surgical Assistants; or (iii) the National Surgical
107	107	77Assistant Association;
108	108	78 (b) the practitioner shall retain a completed form with all supporting documentation in his
109	109	79or her records for a period of four years following the renewal of an active license;
110	110	80 (c) the board shall periodically conduct a random audit of its active licensees to determine
111	111	81compliance and the practitioners selected for the audit shall provide all supporting
112	112	82documentation within 30 days of receiving notification of the audit;
113	113	83 (d) failure to comply with these requirements may subject the licensee to disciplinary
114	114	84action by the board;
115	115	85 (e) the board may grant an extension of the deadline for continuing competency
116	116	86requirements, for up to one year, for good cause shown upon a written request from the licensee
117	117	87prior to the renewal date; and,
118	118	88 (f) the board may grant an exemption for all or part of the requirements for circumstances
119	119	89beyond the control of the licensee, such as temporary disability, mandatory military service, or
120	120	90officially declared disasters.
121	121	91 SECTION 2. Chapter 13 of the General Laws is hereby amended by adding after section
122	122	92109 the following new section:- 6 of 6
123	123	93 Section 110. There shall be a board of registration of surgical assistants, herein called the
124	124	94board, to consist of five members to be appointed by the governor. Three members of the board
125	125	95shall be, at the time of appointment, surgical assistants who have practiced in the commonwealth
126	126	96for not less than three years; one member shall be a doctor of medicine, osteopathy or podiatry
127	127	97whose practice shall include surgery; and one member shall be a resident of the commonwealth.
128	128	98No member shall be an employee of a trade association in the field of health care and no member
129	129	99who is a representative of the general public shall be engaged in the practice of any health care
130	130	100profession. Members shall be appointed for terms of four years. No member shall be appointed
131	131	101to more than two consecutive full terms but a member appointed for less than a full term may
132	132	102serve two full terms in addition to such part of a full term and a former member shall again be
133	133	103eligible for appointment after a lapse of at least one year. A member may be removed by the
134	134	104governor for neglect of duty, misconduct or malfeasance or misfeasance in office after a written
135	135	105notice of the charges against him and an opportunity to be heard. The board shall, at its first
136	136	106meeting and annually thereafter, elect from among its members a chairman, vice chairman and
137	137	107secretary. Officers shall serve until successors are elected and qualified. The board shall meet at
138	138	108the call of the chairman or upon request of three members of the board. The board shall meet at
139	139	109least two times annually. A quorum shall consist of three members present. Board members shall
140	140	110serve without compensation but shall be reimbursed for actual and reasonable expenses incurred
141	141	111in the performance of their duties.