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| To enact section 3701.77 of the Revised Code | 1 |
| regarding the practice of surgical technology in | 2 |
| hospitals and ambulatory surgical facilities. | 3 |
| Section 1. That section 3701.77 of the Revised Code be | 4 |
| enacted to read as follows: | 5 |
| Sec. 3701.77. (A) As used in this section: | 6 |
| (1) "Accredited educational program for surgical technology" | 7 |
| means either of the following: | 8 |
| (a) An educational program for surgical technology accredited | 9 |
| by the commission on accreditation of allied health education | 10 |
| programs or by an entity the director of health recognizes as the | 11 |
| commission's successor; | 12 |
| (b) An educational program for surgical technology accredited | 13 |
| by the accrediting bureau of health education schools or by an | 14 |
| entity the director of health recognizes as the bureau's | 15 |
| successor. | 16 |
| (2) "Licensed health professional" means any of the | 17 |
| following: | 18 |
| (a) A person authorized under Chapter 4731. of the Revised | 19 |
| Code to practice medicine and surgery or osteopathic medicine and | 20 |
| surgery; | 21 |
| (b) A person authorized under Chapter 4730. of the Revised | 22 |
| Code to practice as a physician assistant; | 23 |
| (c) A person authorized under Chapter 4723. of the Revised | 24 |
| Code to practice as a registered nurse or licensed practical | 25 |
| nurse. | 26 |
| (3) "Surgical technology" means patient care during a | 27 |
| surgical procedure that includes one or more of the following: | 28 |
| (a) Preparing the operating room, including the sterile | 29 |
| field, for surgical procedures by doing one or both of the | 30 |
| following: | 31 |
| (i) Ensuring that surgical equipment is functioning properly | 32 |
| and safely; | 33 |
| (ii) Handling sterile supplies, equipment, and instruments | 34 |
| using sterile technique. | 35 |
| (b) Performing one or more of the following tasks within the | 36 |
| sterile field: | 37 |
| (i) Passing supplies, equipment, and instruments; | 38 |
| (ii) Sponging or suctioning of the patient's operative site | 39 |
| or performing both activities; | 40 |
| (iii) Preparing and cutting suture material; | 41 |
| (iv) Transferring fluids and irrigating with fluids; | 42 |
| (v) Transferring, but not administering, drugs; | 43 |
| (vi) Handling specimens; | 44 |
| (vii) Holding retractors; | 45 |
| (viii) Assisting a nurse performing circulatory duties in | 46 |
| counting sponges, needles, and other supplies and instruments. | 47 |
| (c) Anticipating and fulfilling the needs of the surgical | 48 |
| team by applying knowledge of human anatomy and pathophysiology. | 49 |
| (B)(1) Except as provided in divisions (B)(2) and (C) of this | 50 |
| section, no facility that is classified by the department of | 51 |
| health as a hospital or licensed by the department as an | 52 |
| ambulatory surgical facility shall permit any person who is not a | 53 |
| licensed health professional to engage in the practice of surgical | 54 |
| technology in the facility unless the person meets one or more of | 55 |
| the following conditions: | 56 |
| (a) During all or part of the six-month period immediately | 57 |
| preceding the effective date of this section, the person was | 58 |
| actively engaged in the practice of surgical technology in a | 59 |
| facility classified by the department as a hospital or licensed by | 60 |
| the department as an ambulatory surgical facility. | 61 |
| (b) The person holds valid certification as a surgical | 62 |
| technologist from the national board of surgical technology and | 63 |
| surgical assisting or an entity recognized by the director of | 64 |
| health as the successor of the board. | 65 |
| (c) The person has successfully completed an educational | 66 |
| program for surgical technology operated by the United States | 67 |
| army, navy, air force, marine corps, or coast guard or the United | 68 |
| States public health service. | 69 |
| (d) The person is employed by the federal government as a | 70 |
| surgical technologist and performs the duties of a surgical | 71 |
| technologist during the course of that employment. | 72 |
| (2) A facility subject to this section may permit a person to | 73 |
| engage in the practice of surgical technology in the facility who | 74 |
| does not meet any of the conditions specified in division (B)(1) | 75 |
| of this section but has graduated from an accredited educational | 76 |
| program for surgical technology, except that the person may be | 77 |
| permitted to engage in the practice of surgical technology only | 78 |
| during whichever of the following periods is applicable to the | 79 |
| person: | 80 |
| (a) If the person's date of graduation is before the | 81 |
| effective date of this section, during the one-year period | 82 |
| immediately following the effective date of this section; | 83 |
| (b) If the person's date of graduation is on or after the | 84 |
| effective date of this section, during the one-year period | 85 |
| immediately following the date of graduation. | 86 |
| (C) A facility that is unable to comply with division (B) of | 87 |
| this section may apply to the director of health for a waiver. The | 88 |
| director may grant the waiver only if the facility includes in the | 89 |
| application evidence satisfactory to the director that the | 90 |
| facility has made reasonable efforts but is unable to obtain the | 91 |
| number of persons needed by the facility who meet one or more of | 92 |
| the conditions specified in division (B)(1) of this section or who | 93 |
| may practice pursuant to the exception specified in division | 94 |
| (B)(2) of this section. | 95 |
| If the director grants the waiver, the facility may permit | 96 |
| persons to engage in the practice of surgical technology in the | 97 |
| facility pursuant to the waiver. The waiver shall specify the | 98 |
| number of persons who may practice pursuant to it. The waiver is | 99 |
| valid for six months from the date it is granted. | 100 |
| A facility may apply for one six-month extension of a waiver. | 101 |
| The director may grant the extension only if the facility includes | 102 |
| in the application evidence satisfactory to the director that the | 103 |
| facility, after making reasonable efforts, continues to be unable | 104 |
| to obtain the number of persons needed by the facility who meet | 105 |
| one or more of the conditions specified in division (B)(1) of this | 106 |
| section or who may practice pursuant to the exception specified in | 107 |
| division (B)(2) of this section. | 108 |
| (D) A facility shall require each person described in | 109 |
| divisions (B)(1)(a) to (c) of this section to complete each year | 110 |
| at least fifteen hours of continuing education in the field of | 111 |
| surgical technology and provide evidence to the facility of having | 112 |
| met the requirement. A facility may allow a person not more than | 113 |
| six additional months to meet the requirement. | 114 |
| (E) A facility shall annually verify that each person it | 115 |
| permits to engage in the practice of surgical technology meets the | 116 |
| requirements of division (B) of this section and, if applicable, | 117 |
| the continuing education requirements of division (D) of this | 118 |
| section. The facility shall maintain records of its verification | 119 |
| and make the records available at the request of the director of | 120 |
| health. | 121 |
| (F) The director of health may inspect a facility to | 122 |
| determine whether it is in compliance with this section. If the | 123 |
| director determines that a facility is not in compliance, the | 124 |
| director shall impose a fine. The amount to be imposed shall be | 125 |
| determined in accordance with rules adopted under division (G)(2) | 126 |
| of this section. | 127 |
| (G) The director of health shall adopt rules in accordance | 128 |
| with Chapter 119. of the Revised Code as the director considers | 129 |
| necessary to carry out this section, including rules regarding the | 130 |
| following: | 131 |
| (1) The application form to be used by a facility when | 132 |
| applying for a waiver or extension of a waiver under division (C) | 133 |
| of this section; | 134 |
| (2) The amount to be imposed under division (F) of this | 135 |
| section as a fine, which may vary according to the severity of the | 136 |
| violation and may include an increased amount when the fine is | 137 |
| imposed for a repeated violation. | 138 |