SB1749 97TH GENERAL ASSEMBLY

LRB097 09178 CEL 49313 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1749

Introduced 2/9/2011, by Sen. M. Maggie Crotty

SYNOPSIS AS INTRODUCED:

New Act

Creates the Surgical Technologists Act. Provides that a person may not practice surgical technology in a health care facility unless the person (i) has successfully completed a nationally accredited educational program for surgical technologists and holds and maintains the Certified Surgical Technologist credential, (ii) 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 Commissioned Corps, (iii) provides evidence that the person was employed to practice surgical technology in a health care facility on the effective date of the Act, or (iv) is in the service of the federal government. Provides that a health care facility may employ a surgical technologist who does not meet the requirements of this Section under specified circumstances. Provides for continuing education requirements. Contains provisions concerning supervision. Effective January 1, 2012.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Surgical Technologists Act.

Section 5. Definitions. For the purposes of this Act, the following definitions shall have the following meanings, except where the context requires otherwise:

"Health care facility" means a hospital, freestanding surgical outpatient facility, or other similar entity that utilizes surgical technologists.

"Surgical technologist" means a person who practices surgical technology.

"Surgical technology" means surgical patient care that includes, but is not limited to, the following tasks or functions:

(1) preparing the operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely;

(2) preparing the operating room and sterile field for surgical procedures by preparing sterile supplies, instruments, and equipment using sterile techniques;

(3) 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

(4) as directed, performing tasks at the sterile field including:

(A) passing supplies, equipment, or instruments;

(B) sponging or suctioning an operative site;

(C) preparing and cutting suture material;

(D) transferring and irrigating with fluids;

(E) transferring and administering drugs within the sterile field, according to applicable law;

(F) handling specimens;

(G) holding retractors and other instruments;

(H) applying electrocautery to clamps on bleeders;

(I) connecting drains to suction apparatus;

(J) applying dressings to closed wounds; and

(K) performing sponge, needle, supply, and instrument counts with the registered nurse circulator.

Section 10. Applicability.

(a) A person may not practice surgical technology in a health care facility unless the person meets one of the following:

(1) has successfully completed a nationally accredited educational program for surgical technologists and holds and maintains the Certified Surgical Technologist credential 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 Commissioned Corps;

(3) provides evidence that the person was employed to practice surgical technology in a health care facility on the effective date of this Act; or

(4) is in the service of the federal government, to the extent the person is performing duties related to that service.

(b) A person may be employed or contracted to practice surgical technology during the 12-month period immediately after the successful completion of a surgical technology program, but may not continue to be employed or contracted with beyond that 12-month period without documentation that the employee or contractor holds and maintains the certified surgical technologist credential required in subsection (a).

(c) A health care facility shall not employ or otherwise contract for the services of a surgical technologist unless the person meets the requirements of this Section.

(d) Notwithstanding subsection (b) of this Section, 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 item (1) of this subsection (d) and retains the record at the health care facility.

Section 15. Continuing education requirements.

(a) A person who qualifies to practice surgical technology in a health care facility under item (2) or (3) of subsection (a) of Section 10 must annually complete 15 hours of continuing education to remain qualified to practice as a surgical technologist.

(b) A health care facility that employs or contracts with a person to practice surgical technology shall verify that the person meets the continuing education requirements of subsection (a) and, where applicable, that the person has maintained the Certified Surgical Technologist credential.

Section 20. Supervision of surgical technologists. This Act does not repeal or modify any law relating to the supervision of surgical technologists.

Section 25. Licensed practitioners. Nothing in this Act shall prohibit any licensed practitioner from performing surgical technology tasks or functions if the person is acting within the scope of his or her license.

Section 99. Effective date. This Act takes effect January 1, 2012.