THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY YUDICHAK, BEYER, BRENNAN, DALEY, GINGRICH, HORNAMAN, KILLION, KORTZ, MANN, McILVAINE SMITH, MURT, SIPTROTH, K. SMITH AND STERN, APRIL 28, 2009

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, APRIL 28, 2009  

AN ACT

Providing for the professional licensure of surgical assistants

by the State Board of Medicine of the Commonwealth of

Pennsylvania.

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

Assistant Licensing 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:

"Board."  The State Board of Medicine.

"Department."  The Department of State of the Commonwealth.

"Surgical assistant."  A person who is not a physician

licensed to practice medicine, is certified by the National

Surgical Assistant Association on the Certification of Surgical

Assistants as a certified surgical assistant or the Liaison

Council on Certification for the Surgical Technologist as a

Certified Surgical Technologist/Certified First Assistant or who

is certified by another certifying body for surgical assistants

as deemed appropriate by the board, and is licensed under this

act.

Section 3.  Licensure of surgical assistants in Commonwealth.

The State Board of Medicine shall have the duty of licensing

surgical assistants in this Commonwealth. The board shall:

(1)  Establish essential criteria for the licensure of

surgical assistants in addition to the criteria set forth in

section 4.

(2)  Establish licensing fees.

(3)  Evaluate the qualifications and authorize the

issuance of licenses to qualified surgical assistants.

(4)  Issue and renew licenses.

(5)  Suspend or revoke licenses.

(6)  Require the continuing professional education of

individuals seeking to maintain licensure.

Section 4.  Application for a State license.

(a)  Procedure.--In order to be considered for a State

license as a surgical assistant, the individual must complete an

application and provide payment of the application fee as

determined by the board.

(b)  Application.--

(1)  An applicant for licensure as a surgical assistant

shall file a written application on a form provided by the

board, showing to the satisfaction of the board that the

applicant:

(i)  is of good moral character;

(ii)  currently holds the required certification as a

surgical assistant which is recognized by the board;

(iii)  has passed a written examination approved by

the National Surgical Assistant Association or Liaison

Council on Certification for the Surgical Technologist or

any other certifying body deemed acceptable by the board;

and

(iv)  has met any other criteria for licensure deemed

necessary by the board.

(c)  Application fee.--The board shall, by regulation, fix an

application fee.

Section 5.  Issuance of a license.

(a)  General rule.--A license shall be issued to an applicant

who meets all of the criteria set forth in this act, including

submission of a written application and payment of appropriate

application and licensing fees.

(b)  Use of appropriate title.--A surgical assistant issued a

license by the Commonwealth may use the title "Certified

Surgical Assistant Licensed" or the abbreviation "C.S.A.L."

Section 6.  Scope of practice.

(a)  Duties.--The practice of a surgical assistant includes

all of the following duties under the direction and delegatory

authority of a licensed operating physician:

(1)  Positioning of the patient.

(2)  Preparation and draping of the patient for an

operative procedure.

(3)  Providing for visualization of the operative site

during an operative procedure.

(4)  Provision of the best possible exposure of the

anatomy of the incident to the procedure.

(5)  Assistance in the closure of incisions, including

suturing tissue under the supervision of the physician.

(6)  Application of dressings to surgical wounds. 

(7)  Performance of any task required by the surgeon

incident to the particular procedure being performed.

(b)  Prohibition.--Nothing in this act shall be construed to

authorize or permit the administration of any type of medication

by a surgical assistant.

Section 7.  Renewal and reinstatement of licenses.

(a)  General rule.--Licenses issued under this act shall be

subject to biannual renewal and shall expire unless renewed upon

the payment of a renewal fee as prescribed by the rules of the

board.

(b)  Renewal criteria.--The board may establish criteria for

maintenance and renewal of licenses, including requiring a

number of continuing education credits.

(c)  Late renewals.--The board may provide for the late

renewal of a license upon the payment of a late fee in

accordance with its rules. No license renewal shall be granted

for a license which has expired for more than five years.

(d)  Inactive status.--A licensee who notifies the board, in

the manner prescribed by the board, may elect to place his or

her license on an inactive status and shall, subject to the

rules of the board, be excused from payment of renewal fees

until the licensee notifies the board in writing of the

licensee's intention to restore the license.

(1)  Any licensee requesting a license to be placed on an

inactive status must maintain national certification as a

Certified Surgical Assistant, Certified Surgical Technologist

or as a Certified First Assistant during the duration of the

period of inactivity.

(2)  In order to restore a license from an inactive

state, the licensee must pay the current renewal fee.

(3)  A licensee who engages in practice as a surgical

assistant while the license is lapsed or in an inactive

status shall be considered to be practicing without a license

and subject to penalties.

(e)  Expiration of suspended licenses.--Suspended licenses

are subject to expiration and may be renewed upon the

reinstatement of the license by the board.

(1)  If a license is revoked or suspended, upon

reinstatement, the licensee shall pay the renewal fee and any

late fee that may be applicable.

(2)  A licensee who engages in practice as a surgical

assistant while the license is suspended or revoked shall be

considered to be practicing without a license and subject to

penalties.

Section 8.  Denial, suspension, revocation and refusal to renew

a license.

(a)  Power of board.--The board reserves the right to deny,

refuse to renew, revoke or suspend a license or may impose

probationary conditions where the applicant for licensure or

licensee has engaged in unprofessional conduct which has

endangered or is likely to endanger the health, welfare and

safety of the public, including:

(1)  obtaining a license by means of fraud,

misinterpretation or concealment of material facts;

(2)  unprofessional conduct as defined by administrative

regulation promulgated by the board or violating the code of

ethics promulgated by the board;

(3)  conviction of a felony in any court if the acts for

which the individual was convicted are found by the board to

have a direct bearing on whether the individual should be

entrusted to serve the public in the capacity of a surgical

assistant;

(4)  violation of any lawful order or administrative

regulation promulgated by the board; or 

(5)  any action determined by the board to be detrimental

to an individual's ability to serve the public in the

capacity of a surgical assistant.

(b)  Administrative hearings.--Administrative hearings may be

conducted before the board if an applicant or licensee so

chooses to challenge the decision of the board. Procedures for

appeals and hearings shall be set by the board.

Section 9.  Fees.

Fees shall be collected and determined by the board for the

following:

(1)  application fee, nonrefundable;

(2)  licensing fee, nonrefundable;

(3)  renewal of license fees; and

(4)  late renewal fees.

Section 10.  Effective date.

This act shall take effect in 90 days.