SB2653 103RD GENERAL ASSEMBLY

LRB103 34583 RPS 64421 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2653

Introduced 1/10/2024, by Sen. Doris Turner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Operating Room Patient Safety Act. Provides that each surgical technologist hired or contracted by a health care facility on or after January 1, 2026 shall meet specified educational, certification, or experiential requirements. Provides that nothing in the Act prohibits an individual from performing surgical technology services if the individual is acting within the scope of the individual's license or registration or is a student or intern under the direct supervision of a licensed health care provider. Provides that a health care facility may employ or otherwise contract with an individual to perform surgical technology services and functions who does not meet those requirements if the health care facility makes a diligent and thorough effort and, after such an effort is completed, the facility is unable to employ or contract with a sufficient number of qualified surgical technologists who satisfy the requirements of the Act. Provides that the health care facility shall maintain documentation of its efforts.

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 Operating Room Patient Safety Act.

Section 3. Purpose. It is the public policy of the State that the State has a legitimate interest in ensuring that all surgical procedures are performed to ensure maximum patient safety. Therefore, the purpose of this Act is to:

(1) ensure that an operating room has been prepared by qualified, trained professionals;

(2) ensure that surgical equipment and instruments are properly sterilized and functioning safely;

(3) ensure that during surgical procedures, the surgical team can rely on qualified, trained professionals to ensure a sterile environment is maintained; and

(4) provide the surgical team with proper instruments and supplies as requested.

Section 5. Definitions.

"Health care facility" means a facility regulated under the Hospital Licensing Act, the Ambulatory Surgical Treatment Center Act, or the University of Illinois Hospital Act. "Health care facility" does not include a health care facility that is a critical access hospital as designated by the Department of Public Health in accordance with 42 CFR 485, Subpart F, a rural emergency hospital as defined under subsection (kkk)(2) of Section 1861 of the federal Social Security Act, or a hospital that qualifies as a Safety-Net Hospital under Section 5-5e.1 of the Illinois Public Aid Code.

"Surgical technologist" means an individual who is employed by or contracts with a health care facility to perform surgical technology services and functions.

"Surgical technology services" means surgical patient care including, but not limited to, one or more of the following:

(1) preparation of an operating room and the sterile operating field for surgical procedures by ensuring that surgical equipment is functioning properly and safely and using sterile techniques to prepare surgical supplies instruments and equipment;

(2) intraoperative anticipation and response to the needs of surgeons, nurses, and other surgical team members by monitoring the sterile operating field in an operating room and providing the required instruments or supplies;

(3) performance of tasks at the sterile operating field, as directed in an operating room setting, including:

(A) passing surgical supplies, instruments, and equipment directly to a health care provider;

(B) sponging or suctioning an operative site;

(C) preparing and cutting suture material;

(D) transferring and irrigating with fluids;

(E) transferring, but not administering, drugs within the sterile field; or

(F) handling surgical specimens.

Section 10. Requirements for surgical technologists. Each surgical technologist hired or contracted by a health care facility on or after January 1, 2026 shall meet one or more of the following requirements:

(1) The surgical technologist has successfully completed an educational program nationally accredited by the Commission on Accreditation of Allied Health Education Programs or the Accrediting Bureau of Health Education Schools for surgical technologists and holds and maintains a certified surgical technologist credential administered by a nationally recognized surgical technologist certifying body accredited by the National Commission for Certifying Agencies and recognized by the American College of Surgeons and the Association of Surgical Technologists.

(2) If the surgical technologist has successfully completed the educational requirements under paragraph (1) but has not, on the date the surgical technologist is hired or enters into the contract with the health care facility, obtained the national certification under paragraph (1), the surgical technologist must obtain that certification within 12 months after being hired or entering into the contract.

(3) The surgical technologist is registered as a registered surgical technologist under the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act.

(4) The surgical technologist has successfully completed a training program for surgical technology in the armed forces of the United States or the United States Public Health Service.

(5) The surgical technologist has engaged in the practice of surgical technology at a hospital licensed under the Hospital Licensing Act or an ambulatory surgical treatment center licensed under the Ambulatory Surgical Treatment Center Act before January 1, 2026.

Section 15. Exemptions.

(a) Nothing in this Act prohibits an individual from performing surgical technology services if the individual is acting within the scope of the individual's license or registration or is a student or intern under the direct supervision of a licensed health care provider.

(b) A health care facility may employ or otherwise contract with an individual to perform surgical technology services and functions who does not meet the requirements under Section 10 if the health care facility makes a diligent and thorough effort and, after completing such effort, is unable to employ or contract with a sufficient number of qualified surgical technologists who satisfy the requirements of this Act. The health care facility shall maintain documentation of its efforts.