Texas 2009 - 81st Regular

Texas House Bill HB643 Compare Versions

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1	1	H.B. No. 643
2	2
3	3
4	4	AN ACT
5	5	relating to the qualifications of surgical technologists;
6	6	providing penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
9	9	amended by adding Chapter 259 to read as follows:
10	10	CHAPTER 259. SURGICAL TECHNOLOGISTS
11	11	AT HEALTH CARE FACILITIES
12	12	Sec. 259.001. DEFINITIONS. In this chapter:
13	13	(1) "Department" means the Department of State Health
14	14	Services.
15	15	(2) "Surgical technologist" means a person who
16	16	practices surgical technology.
17	17	(3) "Surgical technology" means intraoperative
18	18	surgical patient care as follows:
19	19	(A) preparing the operating room for surgical
20	20	procedures by ensuring that surgical equipment is functioning
21	21	properly and safely;
22	22	(B) preparing the operating room and the sterile
23	23	field for surgical procedures by preparing sterile supplies,
24	24	instruments, and equipment using sterile technique;
25	25	(C) anticipating the needs of the surgical team
26	26	based on knowledge of human anatomy and pathophysiology and how
27	27	they relate to the surgical patient and the patient's surgical
28	28	procedure;
29	29	(D) as directed in an operating room setting,
30	30	performing the following tasks at the sterile field:
31	31	(i) passing supplies, equipment, or
32	32	instruments;
33	33	(ii) sponging or suctioning an operative
34	34	site;
35	35	(iii) preparing and cutting suture
36	36	material;
37	37	(iv) transferring and pouring irrigation
38	38	fluids;
39	39	(v) transferring but not administering
40	40	drugs within the sterile field;
41	41	(vi) handling specimens;
42	42	(vii) holding retractors and other
43	43	instruments;
44	44	(viii) applying electrocautery to clamps on
45	45	bleeders;
46	46	(ix) connecting drains to suction
47	47	apparatus;
48	48	(x) applying dressings to closed wounds;
49	49	and
50	50	(xi) assisting in counting sponges,
51	51	needles, supplies, and instruments with the registered nurse
52	52	circulator;
53	53	(E) cleaning and preparing instruments for
54	54	sterilization on completion of the surgery; and
55	55	(F) assisting the surgical team with cleaning of
56	56	the operating room on completion of the surgery.
57	57	Sec. 259.002. REQUIREMENTS FOR PRACTICING SURGICAL
58	58	TECHNOLOGY. (a) A health care facility licensed by the department
59	59	under this subtitle or owned or operated by the state may not employ
60	60	a person to practice surgical technology in that health care
61	61	facility unless that person provides evidence that the person:
62	62	(1) has successfully completed an accredited
63	63	educational program for surgical technologists and holds and
64	64	maintains certification as a surgical technologist by:
65	65	(A) the National Board of Surgical Technology and
66	66	Surgical Assisting or its successor;
67	67	(B) the National Center for Competency Testing or
68	68	its successor; or
69	69	(C) another surgical technologist certification
70	70	program approved by the department;
71	71	(2) has completed an appropriate training program for
72	72	surgical technology in the army, navy, air force, marine corps, or
73	73	coast guard of the United States or in the United States Public
74	74	Health Service;
75	75	(3) was employed to practice surgical technology in a
76	76	health care facility before September 1, 2009; or
77	77	(4) is in the service of the federal government, to the
78	78	extent the person is performing duties related to that service.
79	79	(b) Notwithstanding Subsection (a), a health care facility
80	80	may employ a person to practice surgical technology at that health
81	81	care facility from the date the person graduates from an accredited
82	82	educational program for surgical technologists until the 180th day
83	83	after the date of graduation. The person may not continue to
84	84	practice surgical technology after the 180th day after the date of
85	85	graduation without showing documentation to the health care
86	86	facility that the person holds and maintains the surgical
87	87	technologist certification required by Subsection (a)(1).
88	88	(c) Notwithstanding Subsection (a), a health care facility
89	89	may employ a surgical technologist who does not meet the
90	90	requirements of this section if:
91	91	(1) after a diligent and thorough effort has been
92	92	made, the health care facility is unable to employ a sufficient
93	93	number of qualified surgical technologists who meet the
94	94	requirements of this section; and
95	95	(2) the health care facility makes a written record of
96	96	its efforts under Subdivision (1) and retains the record at the
97	97	health care facility.
98	98	Sec. 259.003. SUPERVISION OF SURGICAL TECHNOLOGISTS. This
99	99	chapter does not repeal or modify any law relating to the
100	100	supervision of surgical technologists.
101	101	Sec. 259.004. OTHER LICENSED PRACTITIONERS. This chapter
102	102	does not prohibit a licensed practitioner from performing a task or
103	103	function within the scope of the practitioner's license.
104	104	Sec. 259.005. APPLICABILITY. This chapter does not apply
105	105	to:
106	106	(1) a licensed registered nurse or a licensed
107	107	vocational nurse; or
108	108	(2) the employment by a health care facility of an
109	109	individual whose primary functions include the cleaning or
110	110	sterilization of supplies, instruments, equipment, or operating
111	111	rooms.
112	112	Sec. 259.006. ENFORCEMENT. (a) The department may adopt
113	113	rules to administer and enforce this chapter.
114	114	(b) A health care facility that violates Section 259.002 is
115	115	subject to an administrative penalty, a civil penalty, or other
116	116	disciplinary action, as applicable, in the same manner as if the
117	117	facility violated the chapter under which the facility is licensed.
118	118	SECTION 2. A health care facility is not required to comply
119	119	with Section 259.002, Health and Safety Code, as added by this Act,
120	120	before September 1, 2010.
121	121	SECTION 3. This Act takes effect September 1, 2009.
122	122	______________________________ ______________________________
123	123	President of the Senate Speaker of the House
124	124	I certify that H.B. No. 643 was passed by the House on May 6,
125	125	2009, by the following vote: Yeas 141, Nays 0, 2 present, not
126	126	voting.
127	127	______________________________
128	128	Chief Clerk of the House
129	129	I certify that H.B. No. 643 was passed by the Senate on May
130	130	21, 2009, by the following vote: Yeas 31, Nays 0.
131	131	______________________________
132	132	Secretary of the Senate
133	133	APPROVED: _____________________
134	134	Date
135	135	_____________________
136	136	Governor