81R4370 JSC-F
By: Uresti S.B. No. 2203
A BILL TO BE ENTITLED
AN ACT
relating to the qualifications of surgical technologists; imposing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 259 to read as follows:
CHAPTER 259. SURGICAL TECHNOLOGISTS
AT HEALTH CARE FACILITIES
Sec. 259.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of State Health
Services.
(2) "Surgical technologist" means a person who
practices surgical technology.
(3) "Surgical technology" means intraoperative
surgical patient care that involves:
(A) preparing the operating room for surgical
procedures by ensuring that surgical equipment is functioning
properly and safely;
(B) preparing the operating room and the sterile
field for surgical procedures by preparing sterile supplies,
instruments, and equipment using sterile technique;
(C) anticipating the needs of the surgical team
based on knowledge of human anatomy and pathophysiology and how
they relate to the surgical patient and the patient's surgical
procedure; and
(D) as directed in an operating room setting,
performing tasks at the sterile field including:
(i) passing supplies, equipment, or
instruments;
(ii) sponging or suctioning an operative
site;
(iii) preparing and cutting suture
material;
(iv) transferring and irrigating with
fluids;
(v) transferring but not administering
drugs within the sterile field;
(vi) handling specimens;
(vii) holding retractors; and
(viii) assisting in counting sponges,
needles, supplies, and instruments with the registered nurse
circulator.
Sec. 259.002. REQUIREMENTS FOR PRACTICING SURGICAL
TECHNOLOGY. (a) A health care facility licensed by the department
under this subtitle may not employ a person to practice surgical
technology in that health care facility unless that person provides
evidence that the person:
(1) has successfully completed an accredited
educational program for surgical technologists and holds and
maintains the Surgical Technologist Certification administered by
the National Board of Surgical Technology and Surgical Assisting or
its successor;
(2) has completed an appropriate training program for
surgical technology in the army, navy, air force, marine corps, or
coast guard of the United States or in the United States Public
Health Service;
(3) was employed to practice surgical technology in a
health care facility before September 1, 2009; or
(4) is in the service of the federal government, to the
extent the person is performing duties related to that service.
(b) Notwithstanding Subsection (a), a health care facility
may employ a person to practice surgical technology at that health
care facility from the date the person graduates from an accredited
school of surgical technology until the 180th day after the date of
graduation. The person may not continue to practice surgical
technology after the 180th day after the date of graduation without
showing documentation to the health care facility that the person
holds and maintains the surgical technologist certification
required by Subsection (a)(1).
(c) Notwithstanding Subsection (a), a health care facility
may employ a surgical technologist who does not meet the
requirements of this section if:
(1) after a diligent and thorough effort has been
made, the health care facility is unable to employ a sufficient
number of surgical technologists who meet the requirements of this
section; and
(2) the health care facility makes a written record of
its efforts under Subdivision (1) and retains the record at the
health care facility.
Sec. 259.003. SUPERVISION OF SURGICAL TECHNOLOGISTS. A
health care facility that employs a surgical technologist shall
supervise the surgical technologist according to the health care
facility's policies and procedures to ensure that the surgical
technologist competently performs delegated tasks intraoperatively
in accordance with this chapter and other applicable law.
Sec. 259.004. OTHER LICENSED PRACTITIONERS. This chapter
does not prohibit a licensed practitioner from performing a task or
function within the scope of the practitioner's license.
Sec. 259.005. ENFORCEMENT. (a) The department may adopt
rules to administer and enforce this chapter.
(b) A health care facility that violates this chapter is
subject to an administrative penalty, a civil penalty, or other
disciplinary action, as applicable, in the same manner as if the
facility violated the chapter under which the facility is licensed.
SECTION 2. Section 241.0262, Health and Safety Code, is
repealed.
SECTION 3. A health care facility is not required to comply
with Section 259.002, Health and Safety Code, as added by this Act,
before September 1, 2010.
SECTION 4. This Act takes effect September 1, 2009.