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PRINTER'S NO. 1579
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1066
Session of
2020
INTRODUCED BY J. WARD, MENSCH AND YAW, MARCH 10, 2020
REFERRED TO HEALTH AND HUMAN SERVICES, MARCH 10, 2020
AN ACT
Regulating the practice of surgical technology and surgical
technologists; and imposing powers and duties on the
Department of Health.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Surgical
Technologist Regulation Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Health of the Commonwealth.
"Health care facility." A hospital, ambulatory surgical
center or freestanding surgical outpatient facility.
"Surgical technologist." An individual who is employed or
contracted by a health care facility to perform surgical
technology tasks and functions.
"Surgical technology." Surgical patient care that includes,
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but is not limited to, performing the following perioperative
tasks or functions as directed:
(1) preparing an operating room and sterile operating
field for surgical procedures by ensuring that surgical
equipment is functioning properly and safely and using
sterile technique to prepare supplies, instruments and
equipment;
(2) assisting the surgeon with placing sterile drapes on
a patient to establish the sterile operating field;
(3) participating in the "time-out" process of verifying
a correct patient, procedure and surgical site;
(4) anticipating the needs of the surgeon by preparing
and passing instruments and supplies during surgical
procedure;
(5) sponging and suctioning an operative site;
(6) preparing and cutting suture material;
(7) preparing and pouring irrigation solutions during
procedure;
(8) preparing and passing medications and hemostatic
agents during procedure but not administering drugs;
(9) preparing and passing off specimens;
(10) holding retractors or other instruments;
(11) applying electrocautery to clamps or forceps on
bleeding vessels;
(12) connecting drains to suction apparatus;
(13) preparing and applying sterile dressings to closed
wounds;
(14) performing counts of sponges, needles, supplies and
instruments with the registered nurse circulator;
(15) cleaning and preparing instruments for
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sterilization on completion of surgery;
(16) assisting with transferring a patient to and
positioning a patient on an operating table; and
(17) maintaining the highest standard of sterile
technique, including identifying and correcting breaks in the
sterile operating field.
Section 3. Requirements for health care facilities.
(a) Prerequisite.--A health care facility shall not employ
or otherwise contract for the services of a surgical
technologist in the health care facility unless the individual
meets at least one of the following:
(1) has successfully completed a surgical technologist
program sponsored by an entity holding nationally recognized
institutional or programmatic accreditation and holds and
maintains surgical technologist certification from an
accredited certification program. The department may
promulgate regulations which identify nationally recognized
accredited programs that meet the standards necessary to
promote the public good and protect the health and safety of
surgical patients in a health care facility;
(2) has successfully completed an appropriate training
program for surgical technology in the United States Army,
Navy or Air Force; or
(3) provides evidence that the individual maintains a
surgical technologist certification from an accredited
certification program or was employed to practice surgical
technology by the health care facility on or before the
effective date of this section or was employed to practice
surgical technology as the individual's primary function in
another health care facility at any time during the two years
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immediately preceding the effective date of this section.
(b) Interim employment.--A health care facility may employ
or contract an individual to practice surgical technology during
the six-month period immediately following successful completion
of a surgical technology program under subsection (a)(1), but
may not continue to be employed or contracted with beyond that
period without documentation that the individual has obtained
certification as required under subsection (a)(1).
Section 4. Continuing education.
(a) General rule.--An individual who qualifies to practice
surgical technology in a health care facility under section 3(a)
(1) must comply with the continuing education requirements
specified by the credentialing organization as necessary to keep
the certification current and shall provide proof of compliance
with those continuing education requirements to an employer,
upon the employer's request.
(b) Verification.--A surgical technologist employed or
contracted by a health care facility, who is not certified
according to section 3(a)(1), shall complete 30 hours of
relevant continuing education every two years in order to remain
eligible to practice surgical technology and shall prove, to the
satisfaction of the employer, compliance with this requirement.
Section 5. Health care facilities in rural areas.
A health care facility located in an area designated as rural
by the department shall make every effort to employ a surgical
technologist who is certified according to section 3(a)(1), but
may employ a surgical technologist who does not qualify under
section 3 if the health care facility:
(1) conducts exhaustive and verifiable recruitment
efforts;
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(2) maintains records documenting the recruitment
efforts; and
(3) ensures that a noncertified surgical technologist
employed by the health care facility complies with the
continuing education requirements of section 3(b).
Section 6. Restriction.
A health care facility may restrict an employee's eligibility
to practice surgical technology, as deemed appropriate by the
health care facility, in the event the employee does not comply
with this act.
Section 7. Nonapplicability.
This act shall not apply to a health care facility owned or
operated by the Federal Government or an employee of such health
care facility.
Section 8. Construction.
Nothing in this act shall be construed to prohibit a licensed
practitioner from performing surgical technology tasks or
functions if the practitioner is acting within the scope of the
practitioner's license.
Section 9. Duties of department.
The Department of Health shall enforce the provisions of this
act.
Section 10. Effective date.
This act shall take effect in 60 days.
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