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1 | AN ACT concerning regulation. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||
5 | Operating Room Patient Safety Act. | |||||||||||||||||||
6 | Section 3. Purpose. It is the public policy of the State | |||||||||||||||||||
7 | that the State has a legitimate interest in ensuring that all | |||||||||||||||||||
8 | surgical procedures are performed to ensure maximum patient | |||||||||||||||||||
9 | safety. Therefore, the purpose of this Act is to: | |||||||||||||||||||
10 | (1) ensure that an operating room has been prepared by | |||||||||||||||||||
11 | qualified, trained professionals; | |||||||||||||||||||
12 | (2) ensure that surgical equipment and instruments are | |||||||||||||||||||
13 | properly sterilized and functioning safely; | |||||||||||||||||||
14 | (3) ensure that during surgical procedures, the | |||||||||||||||||||
15 | surgical team can rely on qualified, trained professionals | |||||||||||||||||||
16 | to ensure a sterile environment is maintained; and | |||||||||||||||||||
17 | (4) provide the surgical team with proper instruments | |||||||||||||||||||
18 | and supplies as requested. | |||||||||||||||||||
19 | Section 5. Definitions. As used in this Act: | |||||||||||||||||||
20 | "Health care facility" means a facility regulated under | |||||||||||||||||||
21 | the Hospital Licensing Act, the Ambulatory Surgical Treatment | |||||||||||||||||||
22 | Center Act, or the University of Illinois Hospital Act. |
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1 | "Health care facility" does not include a health care facility | ||||||
2 | that is a critical access hospital as designated by the | ||||||
3 | Department of Public Health in accordance with 42 CFR 485, | ||||||
4 | Subpart F, or a rural emergency hospital as defined under | ||||||
5 | subsection (kkk)(2) of Section 1861 of the federal Social | ||||||
6 | Security Act. | ||||||
7 | "Surgical technologist" means an individual who is | ||||||
8 | employed by or contracts with a health care facility to | ||||||
9 | perform surgical technology services and functions. | ||||||
10 | "Surgical technology services" means surgical patient care | ||||||
11 | including, but not limited to, one or more of the following: | ||||||
12 | (1) preparation of an operating room and the sterile | ||||||
13 | operating field for surgical procedures by ensuring that | ||||||
14 | surgical equipment is functioning properly and safely and | ||||||
15 | using sterile techniques to prepare surgical supplies | ||||||
16 | instruments and equipment; | ||||||
17 | (2) intraoperative anticipation and response to the | ||||||
18 | needs of surgeons, nurses, and other surgical team members | ||||||
19 | by monitoring the sterile operating field in an operating | ||||||
20 | room and providing the required instruments or supplies; | ||||||
21 | (3) performance of tasks at the sterile operating | ||||||
22 | field, as directed in an operating room setting, | ||||||
23 | including: | ||||||
24 | (A) passing surgical supplies, instruments, and | ||||||
25 | equipment directly to a health care provider; | ||||||
26 | (B) sponging or suctioning an operative site; |
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1 | (C) preparing and cutting suture material; | ||||||
2 | (D) transferring and irrigating with fluids; | ||||||
3 | (E) transferring, but not administering, drugs | ||||||
4 | within the sterile field; or | ||||||
5 | (F) handling surgical specimens. | ||||||
6 | Section 10. Requirements for surgical technologists. Each | ||||||
7 | surgical technologist hired or contracted by a health care | ||||||
8 | facility on or after January 1, 2027 shall meet one or more of | ||||||
9 | the following requirements: | ||||||
10 | (1) The surgical technologist has successfully | ||||||
11 | completed an educational program nationally accredited by | ||||||
12 | the Commission on Accreditation of Allied Health Education | ||||||
13 | Programs or the Accrediting Bureau of Health Education | ||||||
14 | Schools for surgical technologists and holds and maintains | ||||||
15 | certification as a surgical technologist from a national | ||||||
16 | certifying body that certifies surgical technologists. | ||||||
17 | (2) If the surgical technologist has successfully | ||||||
18 | completed the educational requirements under paragraph (1) | ||||||
19 | but has not, on the date the surgical technologist is | ||||||
20 | hired or enters into the contract with the health care | ||||||
21 | facility, obtained the national certification under | ||||||
22 | paragraph (1), the surgical technologist must obtain that | ||||||
23 | certification within 18 months after being hired or | ||||||
24 | entering into the contract. | ||||||
25 | (3) The surgical technologist is registered as a |
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1 | registered surgical technologist under the Registered | ||||||
2 | Surgical Assistant and Registered Surgical Technologist | ||||||
3 | Title Protection Act. | ||||||
4 | (4) The surgical technologist has successfully | ||||||
5 | completed a training program for surgical technology in | ||||||
6 | the armed forces of the United States or the United States | ||||||
7 | Public Health Service. | ||||||
8 | (5) The surgical technologist has engaged in the | ||||||
9 | practice of surgical technology at a hospital licensed | ||||||
10 | under the Hospital Licensing Act or an ambulatory surgical | ||||||
11 | treatment center licensed under the Ambulatory Surgical | ||||||
12 | Treatment Center Act before January 1, 2027. | ||||||
13 | Section 15. Exemptions. Nothing in this Act prohibits an | ||||||
14 | individual from performing surgical technology services if the | ||||||
15 | individual is acting within the scope of the individual's | ||||||
16 | license or registration or is a student or intern under the | ||||||
17 | direct supervision of a licensed health care provider. |