THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GINGRICH, BAKER, CALTAGIRONE, D. COSTA, CUTLER, DELOZIER, FLECK, HALUSKA, HARHART, HICKERNELL, M. KELLER, KORTZ, MANDERINO, MARSHALL, McGEEHAN, MILNE, MURT, OLIVER, PICKETT, PYLE, READSHAW, REICHLEY, SEIP, SIPTROTH, SOLOBAY, SONNEY, STABACK, SWANGER, TALLMAN, J. TAYLOR, WATSON, SAYLOR, CREIGHTON, HORNAMAN, RAPP, QUINN, FREEMAN AND BEYER, JUNE 9, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 10, 2009   

AN ACT

Requiring a circulating nurse in certain operating rooms.

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 Circulating

Nurse Act.

Section 2.  Purpose.

The purpose of this legislation is to require a registered

nurse to be the circulating nurse in an operating room for the

safety of the patient.

Section 3.  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:

"Anesthesia."  Includes general anesthesia and spinal or

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major regional anesthesia. It does not include local anesthesia.

General anesthesia is a drug-induced loss of consciousness

during which patients are not arousable, even by painful

stimulation. The ability to independently maintain ventilatory

function is often impaired. Patients often require assistance in

maintaining a patent airway, and positive pressure ventilation

may be required because of depressed spontaneous ventilation or

drug-induced depression of neuromuscular function.

Cardiovascular function may be impaired.

"Deep sedation/analgesia."  A drug-induced depression of

consciousness during which patients cannot be easily aroused but

respond purposefully following repeated or painful stimulation.

The ability to independently maintain ventilatory function may

be impaired. Patients may require assistance in maintaining a

patent airway, and spontaneous ventilation may be inadequate.

Cardiovascular function is usually maintained.

"Health care facility."  Any hospital or class C ambulatory

surgical facility as defined by 28 Pa. Code Pt. IV (relating to

health facilities).

"Operating room of the facility."  The phrase shall only

include the number of operating rooms covered by a health care

facility's license issued by the Department of Health.

"Registered nurse."  An individual licensed under the laws of

this Commonwealth to practice professional nursing.

Section 4.  Operating room staff.

Only a registered nurse, licensed in this Commonwealth,

qualified by training and experience in operating room nursing

shall function as a circulating nurse during all surgical

procedures performed in a health care facility under general

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anesthesia or deep sedation in an operating room of a health

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care facility's operating room facility.

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Section 5.  Effective date.

This act shall take effect in 60 days.