SB2915sam002 97TH GENERAL ASSEMBLY

Sen. M. Maggie Crotty

Filed: 5/22/2012

09700SB2915sam002 LRB097 18271 CEL 69928 a

AMENDMENT TO SENATE BILL 2915

AMENDMENT NO. ______. Amend Senate Bill 2915 by replacing everything after the enacting clause with the following:

"Section 5. The Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act is amended by changing Sections 1, 5, 10, and 50 and by adding Sections 6, 62, and 73 as follows:

(225 ILCS 130/1)

(Section scheduled to be repealed on January 1, 2014)

Sec. 1. Short title. This Act may be cited as the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act.

(Source: P.A. 93-280, eff. 7-1-04)

(225 ILCS 130/5)

(Section scheduled to be repealed on January 1, 2014)

Sec. 5. Legislative purpose. The purpose of this Act is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to hold the title of registered surgical assistant and registered surgical technologist. The practice of surgical technology in the State of Illinois is hereby declared to affect the public health, safety, and welfare and to be subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of surgical technology, as defined in this Act, merit and receive the confidence of the public and that only qualified persons be authorized to practice surgical technology in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purposes.

(Source: P.A. 93-280, eff. 7-1-04.)

(225 ILCS 130/6 new)

Sec. 6. Registration as a surgical technologist. No person shall practice or attempt to practice surgical technology, as defined in this Act, without a valid registration as a surgical technologist issued by the Department.

(225 ILCS 130/10)

(Section scheduled to be repealed on January 1, 2014)

Sec. 10. Definitions. As used in this Act:

"Department" means the Department of Financial and Professional Regulation.

"Direct supervision" means supervision by an operating physician or other physician licensed to practice medicine in all its branches, licensed podiatrist, or licensed dentist who is physically present and who personally directs delegated acts and remains available to personally respond to an emergency until the patient is released from the operating room. A registered professional nurse may also provide direct supervision within the scope of his or her license. A registered surgical assistant or registered surgical technologist shall perform duties as assigned.

"Director" means the Director of Professional Regulation.

"Physician" or "operating physician" means a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.

"Registered surgical assistant" means a person who (i) is not licensed to practice medicine in all of its branches, (ii) is certified by the National Surgical Assistant Association on the Certification of Surgical Assistants, the Liaison Council on Certification for the Surgical Technologist as a certified first assistant, or the American Board of Surgical Assisting, (iii) performs duties under direct supervision, (iv) provides services only in a licensed hospital, ambulatory treatment center, or office of a physician licensed to practice medicine in all its branches, and (v) is registered under this Act.

"Registered surgical technologist" means a person who meets the requirements of Section 50 of this Act, performs duties under direct supervision, (i) is not a physician licensed to practice medicine in all of its branches, (ii) is certified by the Liaison Council on Certification for the Surgical Technologist, (iii) performs duties under direct supervision, (iv) provides services only in a licensed hospital, ambulatory treatment center, or office of a physician licensed to practice medicine in all its branches, and (v) is registered under this Act.

"Surgical technology" means intraoperative surgical patient care that may include the following: preparing the operating room for surgical procedures; preparing sterile supplies, instruments, and equipment using sterile technique; and performing, as directed, tasks at the sterile field to assist in the surgical procedure.

(Source: P.A. 93-280, eff. 7-1-04.)

(225 ILCS 130/50)

(Section scheduled to be repealed on January 1, 2014)

Sec. 50. Registration requirements; surgical technologist. A person shall qualify for registration as a surgical technologist if he or she has applied in writing on the prescribed form, has paid the required fees, and meets all of the following requirements:

(1) Is at least 18 years of age.

(2) Has not violated a provision of Section 95 of this Act. In addition the Department may take into consideration any felony conviction of the applicant, but a conviction shall not operate as an absolute bar to registration.

(3) Has completed a nationally accredited surgical technology technologist program approved by the Department or a surgical technology program provided by the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, or the commissioned corps of the United States Public Health Service.

(4) Provides proof of certification as a certified surgical technologist or other surgical technology certification issued by a nationally accredited credentialing organization as approved by the Department. Individuals practicing surgical technology prior to July 1, 2014 shall be considered to have met the requirements of this paragraph. Has successfully completed the surgical technologist national certification examination provided by the Liaison Council on Certification for the Surgical Technologist or its successor agency.

(5) (Blank).

(6) (Blank). Is currently certified by the Liaison Council on Certification for the Surgical Technologist or its successor agency and has met the requirements set forth for certification.

(Source: P.A. 93-280, eff. 7-1-04; revised 11-18-11.)

(225 ILCS 130/62 new)

Sec. 62. Continuing education. The Department may adopt rules for continuing education for persons registered under this Act that require a completion of 30 hours of approved continuing education per registration renewal period. The Department shall establish by rule a means for the verification of completion of the continuing education required by this Section. This verification may be accomplished through audits of records maintained by the registrant, by requiring the filing of continuing education certificates with the Department, or by other means established by the Department.

(225 ILCS 130/73 new)

Sec. 73. Unregistered practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice surgical technology without being registered under this Act or any individual or entity that causes or attempts to cause a registered surgical technologist or any other person under that individual's or entity's control to violate this Act or any other State or federal law or rule related to the practice of surgical technology shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $10,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a registrant.

(b) The Department has the authority and power to investigate any and all unregistered activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

Section 99. Effective date. This Act takes effect July 1, 2014.".