PRIOR PRINTER'S NO. 3906 PRINTER'S NO. 4314
No. 2588 Session of 2006
INTRODUCED BY REICHLEY, CALTAGIRONE, CRAHALLA, GOODMAN, GRUCELA, HICKERNELL, JAMES, M. KELLER, SONNEY, STABACK, E. Z. TAYLOR, YOUNGBLOOD, DeLUCA AND BEYER, APRIL 24, 2006
AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 21, 2006
AN ACT 1 Requiring a circulating nurse in certain operating rooms. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 Section 1. Short title. 5 This act shall be known and may be cited as the Circulating 6 Nurse Act. 7 Section 2. Purpose. 8 The purpose of this legislation is to require a registered 9 nurse to be the circulating nurse in an operating room for the 10 safety of the patient. 11 Section 3. Definitions. 12 The following words and phrases when used in this act shall 13 have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "CONSCIOUS SEDATION." A MINIMALLY DEPRESSED LEVEL OF <-- 16 CONSCIOUSNESS WHICH RETAINS THE PATIENT'S ABILITY TO
1 INDEPENDENTLY AND CONTINUOUSLY MAINTAIN AN AIRWAY AND RESPOND 2 APPROPRIATELY TO PHYSICAL STIMULATION OR VERBAL COMMAND, 3 PRODUCED BY A PHARMACOLOGIC OR NONPHARMACOLOGIC METHOD, OR 4 COMBINATION THEREOF. 5 "GENERAL ANESTHESIA." A CONTROLLED STATE OF UNCONSCIOUSNESS, 6 INCLUDING DEEP SEDATION, ACCOMPANIED BY THE PARTIAL OR COMPLETE 7 LOSS OF PROTECTIVE REFLEXES WHICH INCLUDES THE PATIENT'S 8 INABILITY TO INDEPENDENTLY MAINTAIN AN AIRWAY AND RESPOND 9 PURPOSEFULLY TO PHYSICAL STIMULATION OR VERBAL COMMAND, PRODUCED 10 BY A PHARMACOLOGIC OR NONPHARMACOLOGIC METHOD, OR COMBINATION 11 THEREOF. 12 "Health care facility." Any health care facility providing 13 clinically related health services, including, but not limited 14 to, a general or special hospital, including psychiatric 15 hospitals, rehabilitation hospitals, ambulatory surgical 16 facilities, long-term care nursing facilities, cancer treatment 17 centers using radiation therapy on an ambulatory basis and 18 inpatient drug and alcohol treatment facilities, both profit and 19 nonprofit, and including those operated by an agency or State or 20 local government. The term shall also include a hospice. The 21 term shall not include an office used primarily for the private 22 or group practice by health care practitioners where no 23 reviewable clinically related health service is offered, a 24 facility providing treatment solely on the basis of prayer or 25 spiritual means in accordance with the tenets of any church or 26 religious denomination or a facility conducted by a religious 27 organization for the purpose of providing health care services 28 exclusively to clergy or other persons in a religious profession 29 who are members of the religious denominations conducting the 30 facility. 20060H2588B4314 - 2 -
1 "OPERATING ROOM OF THE FACILITY." THE PHRASE SHALL ONLY <-- 2 INCLUDE THE NUMBER OF OPERATING ROOMS CONTAINED IN THE 3 AMBULATORY SURGICAL FACILITIES LICENSE ISSUED BY THE 4 PENNSYLVANIA DEPARTMENT OF HEALTH. 5 "Registered nurse." An individual licensed under the laws of 6 this Commonwealth to practice professional nursing. 7 Section 4. Operating room staff. 8 Only a registered nurse, licensed in this Commonwealth, 9 qualified by training and experience in operating room nursing 10 shall be present as a circulating nurse during all surgical 11 procedures in a health care facility for the duration of the 12 procedure WITH THE EXCEPTION OF THE FOLLOWING SURGICAL <-- 13 PROCEDURES WHEN SUCH PROCEDURES ARE NOT PERFORMED UNDER GENERAL 14 ANESTHESIA OR CONSCIOUS SEDATION IN AN AMBULATORY SURGICAL 15 FACILITY: 16 (1) ENDOSCOPY. 17 (2) PAIN MANAGEMENT. 18 (3) LASIK EYE. 19 (4) EXTRACORPOREAL SHOCK WAVE THERAPY (ESWL). 20 Section 5. Effective date. 21 This act shall take effect in 60 days. B8L35JS/20060H2588B4314 - 3 -