Sen. M. Maggie Crotty

Filed: 3/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1749

2    AMENDMENT NO. ______. Amend Senate Bill 1749 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Registered Surgical Assistant and
5Registered Surgical Technologist Title Protection Act is
6amended by changing Sections 10, 40, and 50 as follows:
 
7    (225 ILCS 130/10)
8    (Section scheduled to be repealed on January 1, 2014)
9    Sec. 10. Definitions. As used in this Act:
10    "Department" means the Department of Professional
11Regulation.
12    "Direct supervision" means supervision by an operating
13physician, licensed podiatrist, or licensed dentist who is
14physically present and who personally directs delegated acts
15and remains available to personally respond to an emergency
16until the patient is released from the operating room. A

 

 

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1registered professional nurse may also provide direct
2supervision within the scope of his or her license. A
3registered surgical assistant or registered surgical
4technologist shall perform duties as assigned.
5    "Director" means the Director of Professional Regulation.
6    "Physician" or "operating physician" means a person
7licensed to practice medicine in all of its branches under the
8Medical Practice Act of 1987.
9    "Registered surgical assistant" means a person who (i) is
10not licensed to practice medicine in all of its branches, (ii)
11is certified by the National Surgical Assistant Association on
12the Certification of Surgical Assistants, the Liaison Council
13on Certification for the Surgical Technologist as a certified
14first assistant, or the American Board of Surgical Assisting,
15(iii) performs duties under direct supervision, (iv) provides
16services only in a licensed hospital, ambulatory treatment
17center, or office of a physician licensed to practice medicine
18in all its branches, and (v) is registered under this Act.
19    "Registered surgical technologist" means a person who (i)
20is not a physician licensed to practice medicine in all of its
21branches, (ii) is certified by the National Board of Surgical
22Technology and Surgical Assisting or is otherwise qualified
23under this Act, Liaison Council on Certification for the
24Surgical Technologist, (iii) performs duties, tasks, and
25functions under direct supervision, including, but not limited
26to, preparing the operating room for surgical procedures by

 

 

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1ensuring that the surgical equipment is functioning properly
2and safely, preparing the operating room and sterile field
3using sterile technique, and performing, as directed, tasks at
4the sterile field to assist in the surgical procedure, (iv)
5provides services only in a licensed hospital, ambulatory
6treatment center, or office of a physician licensed to practice
7medicine in all its branches, and (v) is registered under this
8Act.
9(Source: P.A. 93-280, eff. 7-1-04.)
 
10    (225 ILCS 130/40)
11    (Section scheduled to be repealed on January 1, 2014)
12    Sec. 40. Application of Act. This Act shall not be
13construed to prohibit the following:
14        (1) A person licensed in this State under any other Act
15    from engaging in the practice for which he or she is
16    licensed, including but not limited to a physician licensed
17    to practice medicine in all its branches, physician
18    assistant, advanced practice registered nurse, or nurse
19    performing surgery-related tasks within the scope of his or
20    her license, nor are these individuals required to be
21    registered under this Act.
22        (2) A person from engaging in practice as a surgical
23    assistant or surgical technologist in the discharge of his
24    or her official duties as an employee of the United States
25    government.

 

 

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1        (3) One or more registered surgical assistants from
2    forming a professional service corporation in accordance
3    with the Professional Service Corporation Act and applying
4    for licensure as a corporation providing surgical
5    assistant services.
6        (4) A student engaging in practice as a surgical
7    assistant or surgical technologist under the direct
8    supervision of a physician licensed to practice medicine in
9    all of its branches as part of his or her program of study
10    at a school approved by the Department or in preparation to
11    qualify for the examination as prescribed under Sections 45
12    and 50 of this Act.
13        (5) A person from assisting in surgery at an operating
14    physician's discretion, including but not limited to
15    medical students and residents, nor are medical students
16    and residents required to be registered under this Act.
17        (6) A hospital, health system or network, ambulatory
18    surgical treatment center, physician licensed to practice
19    medicine in all its branches, physician medical group, or
20    other entity that provides surgery-related services from
21    employing individuals that the entity considers competent
22    to practice as surgical assistants assist in surgery. These
23    entities are not required to utilize registered surgical
24    assistants or registered surgical technologists when
25    providing surgery-related services to patients. Nothing in
26    this subsection shall be construed to limit the ability of

 

 

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1    an employer to utilize the services of any person to
2    practice as a surgical assistant and assist in surgery
3    within the employment setting consistent with the
4    individual's skill and training.
5(Source: P.A. 93-280, eff. 7-1-04.)
 
6    (225 ILCS 130/50)
7    (Section scheduled to be repealed on January 1, 2014)
8    Sec. 50. Registration requirements; surgical technologist.
9A person shall qualify for registration as a surgical
10technologist if he or she has applied in writing on the
11prescribed form, has paid the required fees, and meets all of
12the following requirements:
13        (1) Is at least 18 years of age.
14        (2) Has not violated a provision of Section 95 of this
15    Act. In addition the Department may take into consideration
16    any felony conviction of the applicant, but a conviction
17    shall not operate as an absolute bar to registration.
18        (3) Satisfies one or more of the following
19    requirements:
20            (A) has Has completed a nationally accredited
21        surgical technologist program approved by the
22        Department and holds and maintains the certified
23        surgical technologist credential administered by the
24        National Board of Surgical Technology and Surgical
25        Assisting or its successor;

 

 

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1            (B) is currently certified by the National Board of
2        Surgical Technology and Surgical Assisting or its
3        successor agency and has met the requirements set forth
4        for certification; .
5            (C) was employed to practice as a surgical
6        technologist by a hospital, ambulatory surgical
7        treatment center, a physician medical group, or other
8        entity that provides surgery-related services on the
9        effective date of this Act; or
10            (D) has successfully completed a surgical
11        technologist program in the Army, Navy, Air Force,
12        Marine Corps, or Coast Guard of the United States or in
13        the United States Public Health Service Commissioned
14        Corps.
15        (4) (Blank) Has successfully completed the surgical
16    technologist national certification examination provided
17    by the Liaison Council on Certification for the Surgical
18    Technologist or its successor agency.
19        (6) (Blank) Is currently certified by the Liaison
20    Council on Certification for the Surgical Technologist or
21    its successor agency and has met the requirements set forth
22    for certification.
23(Source: P.A. 93-280, eff. 7-1-04.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".