By: Uresti S.B. No. 2203
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on Health and Human Services;
May 1, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; May 1, 2009, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2203 By: Uresti
A BILL TO BE ENTITLED
AN ACT
relating to the qualifications of surgical technologists;
providing 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 as follows:
(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;
(D) as directed in an operating room setting,
performing the following tasks at the sterile field:
(i) passing supplies, equipment, or
instruments;
(ii) sponging or suctioning an operative
site;
(iii) preparing and cutting suture
material;
(iv) transferring and pouring irrigation
fluids;
(v) transferring but not administering
drugs within the sterile field;
(vi) handling specimens;
(vii) holding retractors and other
instruments;
(viii) applying electrocautery to clamps on
bleeders;
(ix) connecting drains to suction
apparatus;
(x) applying dressings to closed wounds;
and
(xi) assisting in counting sponges,
needles, supplies, and instruments with the registered nurse
circulator;
(E) cleaning and preparing instruments for
sterilization on completion of the surgery; and
(F) assisting the surgical team with cleaning of
the operating room on completion of the surgery.
Sec. 259.002. REQUIREMENTS FOR PRACTICING SURGICAL
TECHNOLOGY. (a) A health care facility licensed by the department
under this subtitle or owned or operated by the state 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 certification as a surgical technologist by:
(A) the National Board of Surgical Technology and
Surgical Assisting or its successor;
(B) the National Center for Competency Testing or
its successor; or
(C) another surgical technologist certification
program approved by the department;
(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
educational program for surgical technologists 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 qualified 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. This
chapter does not repeal or modify any law relating to the
supervision of surgical technologists.
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. APPLICABILITY. This chapter does not apply
to:
(1) a licensed registered nurse or a licensed
vocational nurse; or
(2) the employment by a health care facility of an
individual whose primary functions include the cleaning or
sterilization of supplies, instruments, equipment, or operating
rooms.
Sec. 259.006. ENFORCEMENT. (a) The department may adopt
rules to administer and enforce this chapter.
(b) A health care facility that violates Section 259.002 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. 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 3. This Act takes effect September 1, 2009.
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