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S. B. No. 291 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Manning, Jones, Tavares
A BILL
To enact section 3701.77 of the Revised Code
regarding the practice of surgical technology in
hospitals and ambulatory surgical facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3701.77 of the Revised Code be
enacted to read as follows:
Sec. 3701.77. (A) As used in this section:
(1) "Accredited educational program for surgical technology"
means either of the following:
(a) An educational program for surgical technology accredited
by the commission on accreditation of allied health education
programs or by an entity the director of health recognizes as the
commission's successor;
(b) An educational program for surgical technology accredited
by the accrediting bureau of health education schools or by an
entity the director of health recognizes as the bureau's
successor.
(2) "Licensed health professional" means any of the
following:
(a) A person authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(b) A person authorized under Chapter 4730. of the Revised
Code to practice as a physician assistant;
(c) A person authorized under Chapter 4723. of the Revised
Code to practice as a registered nurse or licensed practical
nurse.
(3) "Surgical technology" means patient care during a
surgical procedure that includes one or more of the following:
(a) Preparing the operating room, including the sterile
field, for surgical procedures by doing one or both of the
following:
(i) Ensuring that surgical equipment is functioning properly
and safely;
(ii) Handling sterile supplies, equipment, and instruments
using sterile technique.
(b) Performing one or more of the following tasks within the
sterile field:
(i) Passing supplies, equipment, and instruments;
(ii) Sponging or suctioning of the patient's operative site
or performing both activities;
(iii) Preparing and cutting suture material;
(iv) Transferring fluids and irrigating with fluids;
(v) Transferring, but not administering, drugs;
(vii) Holding retractors;
(viii) Assisting a nurse performing circulatory duties in
counting sponges, needles, and other supplies and instruments.
(c) Anticipating and fulfilling the needs of the surgical
team by applying knowledge of human anatomy and pathophysiology.
(B)(1) Except as provided in divisions (B)(2) and (C) of this
section, no facility that is classified by the department of
health as a hospital or licensed by the department as an
ambulatory surgical facility shall permit any person who is not a
licensed health professional to engage in the practice of surgical
technology in the facility unless the person meets one or more of
the following conditions:
(a) During all or part of the six-month period immediately
preceding the effective date of this section, the person was
actively engaged in the practice of surgical technology in a
facility classified by the department as a hospital or licensed by
the department as an ambulatory surgical facility.
(b) The person holds valid certification as a surgical
technologist from the national board of surgical technology and
surgical assisting or an entity recognized by the director of
health as the successor of the board.
(c) The person has successfully completed an educational
program for surgical technology operated by the United States
army, navy, air force, marine corps, or coast guard or the United
States public health service.
(d) The person is employed by the federal government as a
surgical technologist and performs the duties of a surgical
technologist during the course of that employment.
(2) A facility subject to this section may permit a person to
engage in the practice of surgical technology in the facility who
does not meet any of the conditions specified in division (B)(1)
of this section but has graduated from an accredited educational
program for surgical technology, except that the person may be
permitted to engage in the practice of surgical technology only
during whichever of the following periods is applicable to the
person:
(a) If the person's date of graduation is before the
effective date of this section, during the one-year period
immediately following the effective date of this section;
(b) If the person's date of graduation is on or after the
effective date of this section, during the one-year period
immediately following the date of graduation.
(C) A facility that is unable to comply with division (B) of
this section may apply to the director of health for a waiver. The
director may grant the waiver only if the facility includes in the
application evidence satisfactory to the director that the
facility has made reasonable efforts but is unable to obtain the
number of persons needed by the facility who meet one or more of
the conditions specified in division (B)(1) of this section or who
may practice pursuant to the exception specified in division
(B)(2) of this section.
If the director grants the waiver, the facility may permit
persons to engage in the practice of surgical technology in the
facility pursuant to the waiver. The waiver shall specify the
number of persons who may practice pursuant to it. The waiver is
valid for six months from the date it is granted.
A facility may apply for one six-month extension of a waiver.
The director may grant the extension only if the facility includes
in the application evidence satisfactory to the director that the
facility, after making reasonable efforts, continues to be unable
to obtain the number of persons needed by the facility who meet
one or more of the conditions specified in division (B)(1) of this
section or who may practice pursuant to the exception specified in
division (B)(2) of this section.
(D) A facility shall require each person described in
divisions (B)(1)(a) to (c) of this section to complete each year
at least fifteen hours of continuing education in the field of
surgical technology and provide evidence to the facility of having
met the requirement. A facility may allow a person not more than
six additional months to meet the requirement.
(E) A facility shall annually verify that each person it
permits to engage in the practice of surgical technology meets the
requirements of division (B) of this section and, if applicable,
the continuing education requirements of division (D) of this
section. The facility shall maintain records of its verification
and make the records available at the request of the director of
health.
(F) The director of health may inspect a facility to
determine whether it is in compliance with this section. If the
director determines that a facility is not in compliance, the
director shall impose a fine. The amount to be imposed shall be
determined in accordance with rules adopted under division (G)(2)
of this section.
(G) The director of health shall adopt rules in accordance
with Chapter 119. of the Revised Code as the director considers
necessary to carry out this section, including rules regarding the
following:
(1) The application form to be used by a facility when
applying for a waiver or extension of a waiver under division (C)
of this section;
(2) The amount to be imposed under division (F) of this
section as a fine, which may vary according to the severity of the
violation and may include an increased amount when the fine is
imposed for a repeated violation.
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