Texas 2009 - 81st Regular

Texas Senate Bill SB2203 Compare Versions

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1	1	By: Uresti S.B. No. 2203
2	2	(In the Senate - Filed March 13, 2009; March 31, 2009, read
3	3	first time and referred to Committee on Health and Human Services;
4	4	May 1, 2009, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 9, Nays 0; May 1, 2009, sent
6	6	to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 2203 By: Uresti
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the qualifications of surgical technologists;
13	13	providing penalties.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
16	16	amended by adding Chapter 259 to read as follows:
17	17	CHAPTER 259. SURGICAL TECHNOLOGISTS
18	18	AT HEALTH CARE FACILITIES
19	19	Sec. 259.001. DEFINITIONS. In this chapter:
20	20	(1) "Department" means the Department of State Health
21	21	Services.
22	22	(2) "Surgical technologist" means a person who
23	23	practices surgical technology.
24	24	(3) "Surgical technology" means intraoperative
25	25	surgical patient care as follows:
26	26	(A) preparing the operating room for surgical
27	27	procedures by ensuring that surgical equipment is functioning
28	28	properly and safely;
29	29	(B) preparing the operating room and the sterile
30	30	field for surgical procedures by preparing sterile supplies,
31	31	instruments, and equipment using sterile technique;
32	32	(C) anticipating the needs of the surgical team
33	33	based on knowledge of human anatomy and pathophysiology and how
34	34	they relate to the surgical patient and the patient's surgical
35	35	procedure;
36	36	(D) as directed in an operating room setting,
37	37	performing the following tasks at the sterile field:
38	38	(i) passing supplies, equipment, or
39	39	instruments;
40	40	(ii) sponging or suctioning an operative
41	41	site;
42	42	(iii) preparing and cutting suture
43	43	material;
44	44	(iv) transferring and pouring irrigation
45	45	fluids;
46	46	(v) transferring but not administering
47	47	drugs within the sterile field;
48	48	(vi) handling specimens;
49	49	(vii) holding retractors and other
50	50	instruments;
51	51	(viii) applying electrocautery to clamps on
52	52	bleeders;
53	53	(ix) connecting drains to suction
54	54	apparatus;
55	55	(x) applying dressings to closed wounds;
56	56	and
57	57	(xi) assisting in counting sponges,
58	58	needles, supplies, and instruments with the registered nurse
59	59	circulator;
60	60	(E) cleaning and preparing instruments for
61	61	sterilization on completion of the surgery; and
62	62	(F) assisting the surgical team with cleaning of
63	63	the operating room on completion of the surgery.
64	64	Sec. 259.002. REQUIREMENTS FOR PRACTICING SURGICAL
65	65	TECHNOLOGY. (a) A health care facility licensed by the department
66	66	under this subtitle or owned or operated by the state may not employ
67	67	a person to practice surgical technology in that health care
68	68	facility unless that person provides evidence that the person:
69	69	(1) has successfully completed an accredited
70	70	educational program for surgical technologists and holds and
71	71	maintains certification as a surgical technologist by:
72	72	(A) the National Board of Surgical Technology and
73	73	Surgical Assisting or its successor;
74	74	(B) the National Center for Competency Testing or
75	75	its successor; or
76	76	(C) another surgical technologist certification
77	77	program approved by the department;
78	78	(2) has completed an appropriate training program for
79	79	surgical technology in the army, navy, air force, marine corps, or
80	80	coast guard of the United States or in the United States Public
81	81	Health Service;
82	82	(3) was employed to practice surgical technology in a
83	83	health care facility before September 1, 2009; or
84	84	(4) is in the service of the federal government, to the
85	85	extent the person is performing duties related to that service.
86	86	(b) Notwithstanding Subsection (a), a health care facility
87	87	may employ a person to practice surgical technology at that health
88	88	care facility from the date the person graduates from an accredited
89	89	educational program for surgical technologists until the 180th day
90	90	after the date of graduation. The person may not continue to
91	91	practice surgical technology after the 180th day after the date of
92	92	graduation without showing documentation to the health care
93	93	facility that the person holds and maintains the surgical
94	94	technologist certification required by Subsection (a)(1).
95	95	(c) Notwithstanding Subsection (a), a health care facility
96	96	may employ a surgical technologist who does not meet the
97	97	requirements of this section if:
98	98	(1) after a diligent and thorough effort has been
99	99	made, the health care facility is unable to employ a sufficient
100	100	number of qualified surgical technologists who meet the
101	101	requirements of this section; and
102	102	(2) the health care facility makes a written record of
103	103	its efforts under Subdivision (1) and retains the record at the
104	104	health care facility.
105	105	Sec. 259.003. SUPERVISION OF SURGICAL TECHNOLOGISTS. This
106	106	chapter does not repeal or modify any law relating to the
107	107	supervision of surgical technologists.
108	108	Sec. 259.004. OTHER LICENSED PRACTITIONERS. This chapter
109	109	does not prohibit a licensed practitioner from performing a task or
110	110	function within the scope of the practitioner's license.
111	111	Sec. 259.005. APPLICABILITY. This chapter does not apply
112	112	to:
113	113	(1) a licensed registered nurse or a licensed
114	114	vocational nurse; or
115	115	(2) the employment by a health care facility of an
116	116	individual whose primary functions include the cleaning or
117	117	sterilization of supplies, instruments, equipment, or operating
118	118	rooms.
119	119	Sec. 259.006. ENFORCEMENT. (a) The department may adopt
120	120	rules to administer and enforce this chapter.
121	121	(b) A health care facility that violates Section 259.002 is
122	122	subject to an administrative penalty, a civil penalty, or other
123	123	disciplinary action, as applicable, in the same manner as if the
124	124	facility violated the chapter under which the facility is licensed.
125	125	SECTION 2. A health care facility is not required to comply
126	126	with Section 259.002, Health and Safety Code, as added by this Act,
127	127	before September 1, 2010.
128	128	SECTION 3. This Act takes effect September 1, 2009.
129	129	* * * * *