To enact section 3701.77 of the Revised Code regarding the practice of surgical technology in hospitals and ambulatory surgical facilities.

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;

(vi) Handling specimens;

(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.