PRIOR PRINTER'S NOS. 83, 358
PRINTER'S NO. 564
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
81
Session of
2019
INTRODUCED BY KAUFFMAN, MURT, PYLE, ZIMMERMAN, READSHAW, HILL-
EVANS, JOZWIAK AND KORTZ, JANUARY 28, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 20, 2019
AN ACT
Providing for certification of central service technicians;
imposing continuing education requirements on central service
technicians; providing for duties of hospitals and ambulatory
surgical facilities and the Department of Health; and
regulating the practice of surgical technology and surgical
technologists.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Central Service Technicians
Section 301. Certification.
Section 302. Employment and continuing education.
Section 303. Scope of practice.
Section 304. Departmental duties.
Chapter 5. Surgical Technologies
Section 501. Requirements for health care facilities.
Section 502. Continuing education.
Section 503. Exception.
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Section 504. Scope of practice.
Section 505. Applicability.
Section 506. Departmental duties.
Chapter 21. Miscellaneous Provisions
Section 2101. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Central
Service Technician and Surgical Technologist Regulation Act.
Section 102. 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:
"Ambulatory surgical facility." As defined in section 802.1
of the act of July 19, 1979 (P.L.130, No.48), known as the
Health Care Facilities Act.
"Central service technician." An individual who provides the
services of inspecting, assembling, decontamination,
preparation, packaging and sterilization of reusable medical
instruments or devices in a hospital or an ambulatory surgical
facility.
"Department." The Department of Health of the Commonwealth.
"Health care facility." A hospital, ambulatory surgical
center or freestanding surgical outpatient facility.
"Health care practitioner." As defined in section 103 of
the Health Care Facilities Act.
"Hospital." As defined in section 802.1 of the Health Care
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Facilities Act.
"Surgical technologist." An individual who is employed or
contracted by a health care facility to perform surgical
technology tasks and functions as directed.
"Surgical technology." Surgical patient care that includes,
but is not limited to, the following tasks or functions:
(1) preparing the operating room and the 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
the patient to establish the sterile operating field;
(3) participating in the time-out process of verifying
the correct patient, procedure and surgical site;
(4) anticipating the needs of the surgeon, based on
knowledge of human anatomy and pathophysiology, by preparing
and passing instruments and supplies during a surgical
procedure;
(5) sponging and suctioning the operative site;
(6) preparing and cutting suture material;
(7) preparing and pouring irrigation solutions during a
surgical procedure;
(8) preparing and passing medications and hemostatic
agents during a surgical procedure;
(9) transferring and administering drugs within the
sterile field in accordance with the applicable laws of this
Commonwealth;
(10) preparing and passing off specimens;
(11) holding retractors or other instruments;
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(12) applying electrocautery to clamps or forceps on
bleeding vessels;
(13) operating the camera during an endoscopic
procedure;
(14) placing instruments in robotic arms during a
surgical procedure;
(15) connecting drains to suction apparatuses;
(16) performing urinary catheterizations;
(17) preparing and applying sterile dressings to closed
wounds;
(18) performing counts of sponges, needles, supplies and
instruments with a registered nurse circulator;
(19) cleaning and preparing instruments for
sterilization upon completion of a surgical procedure;
(20) assisting the surgical team with cleaning of the
operating room upon completion of a surgical procedure;
(21) assisting with transferring the patient to and
positioning the patient on the operating table; and
(22) maintaining the highest standard of sterile
technique, including identifying and correcting breaks in the
sterile operating field.
CHAPTER 3
CENTRAL SERVICE TECHNICIANS
Section 301. Certification.
(a) Requirements.--An individual shall not function as a
central service technician in a health care facility, and a
health care facility shall not employ or otherwise contract for
the services of a central service technician unless the
individual has successfully passed a nationally accredited
central service exam for central service technicians and holds
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and maintains one of the following credentials:
(1) Certified registered central service technician
credential.
(2) Certified sterile processing and distribution
technician credential.
(b) Exemption.--The certification requirement under
subsection (a) shall not apply to an individual who has been
employed or otherwise contracted for services as a central
service technician in a hospital or ambulatory surgical facility
on or before the effective date of this act.
Section 302. Employment and continuing education.
(a) New employees.--A central service technician who does
not meet the requirements under section 301 shall have 18 months
from the date of hire to comply with section 301.
(b) Continuing education.--An individual who qualifies to
function as a central service technician in a hospital or an
ambulatory surgical facility under section 301 shall annually
complete 10 hours of continuing education to remain qualified as
a central service technician. The continuing education required
under this subsection shall be in areas related to the functions
of a central service technician.
(c) Facility responsibility.--
(1) A hospital or ambulatory surgical facility shall
maintain documentation to verify that an individual meets the
certification requirements under section 301(a).
(2) If an individual does not meet the certification
requirements under section 301(a), a hospital or ambulatory
surgical facility shall maintain documentation of a central
service technician's dates of employment or the contract
period when the central service technician provided services
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to the hospital or ambulatory surgical facility to verify
that the central service technician meets the exemption
requirements under section 301(b).
Section 303. Scope of practice.
Nothing in this chapter may be construed to prohibit any of
the following individuals from performing the tasks or functions
of a central service technician:
(1) A health care practitioner.
(2) A dental assistant or an individual who is licensed
or registered under the act of May 1, 1933 (P.L.216, No.76),
known as The Dental Law.
(3) A student or intern performing the functions of a
central service technician under the direct supervision of a
health care practitioner as part of the student's or intern's
training or internship.
(4) A PERSON WHO HOLDS OR MAINTAINS A REGISTRATION,
CERTIFICATION OR LICENSE BY A NATIONALLY ACCREDITED
CREDENTIALING ORGANIZATION TO PERFORM HEALTH SERVICES.
Section 304. Departmental duties.
The department shall administer the provisions of this
chapter and promulgate and adopt such regulations as may be
necessary to implement this act.
CHAPTER 5
SURGICAL TECHNOLOGIES
Section 501. Requirements for health care facilities.
The following apply:
(1) A health care facility shall not employ or otherwise
contract for the services of a surgical technologist in a
health care facility unless the individual meets at least one
of the following:
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(i) has successfully completed a program accredited
by the Commission on Accreditation of Allied Health
Education Programs or other nationally accredited
educational program for surgical technologists and holds
and maintains the Certified Surgical Technologist
credential administered by the National Board of Surgical
Technology and Surgical Assisting or its successor;
(I) HAS SUCCESSFULLY COMPLETED A PROGRAM ACCREDITED
BY A NATIONALLY RECOGNIZED ACCREDITED EDUCATION PROGRAM
OR THE UNITED STATES DEPARTMENT OF EDUCATION FOR SURGICAL
TECHNOLOGISTS AND HOLDS AND MAINTAINS CREDENTIALS AS A
SURGICAL TECHNOLOGIST. THE DEPARTMENT MAY PROMULGATE
REGULATIONS WHICH IDENTIFY NATIONALLY RECOGNIZED
ACCREDITED PROGRAMS WHICH MEET THE STANDARDS NECESSARY TO
PROMOTE THE PUBLIC GOOD AND PROTECT THE HEALTH AND SAFETY
OF INDIVIDUALS IN A HEALTH CARE FACILITY;
(ii) has successfully completed an appropriate
training program for surgical technology in the United
States Army, Navy, Air Force, Marine Corps or Coast Guard
or in the United States Public Health Service;
(iii) provides evidence that the individual was
employed to practice surgical technology as the
individual's primary function in a health care facility
on the effective date of this act or was employed to
practice surgical technology during the two years
immediately preceding the effective date of this act; or
(iv) is in the service of the Federal Government, to
the extent that the individual is performing duties
related to that service.
(2) A health care facility that employs or contracts
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with an individual to practice surgical technology shall
verify the dates of employment of the individual or contract
period with the individual upon request by any of the
following:
(i) another health care facility;
(ii) another individual who is employed by or
contracts with the health care facility to practice
surgical technology; or
(iii) another individual who was formerly employed
by or contracted with the health care facility to
practice surgical technology.
(3) 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, but may not continue to be
employed or contracted with beyond that period without
documentation that the employee or contractor holds and
maintains the Certified Surgical Technologist credential
required under paragraph (1)(i).
Section 502. Continuing education.
(a) Compliance.--An individual who is employed by or
contracts with a health care facility to practice surgical
technology and is certified under section 501(1)(i) shall:
(1) comply with the continuing education requirements as
necessary to maintain the Certified Surgical Technologist
credential under section 501(1)(i); and
(2) provide proof of compliance with the continuing
education requirements to the health care facility upon
request.
(b) Additional requirement.--An individual who is employed
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by or contracts with a health care facility to practice surgical
technology and is not certified under section 501(1)(i) or has
let the individual's certification lapse shall:
(1) complete 30 hours of relevant continuing education
every two years in order to remain eligible to practice
surgical technology; and
(2) be responsible for proving, to the satisfaction of
the health care facility, that the individual complies with
this subsection.
(c) Verification.--A health care facility that employs or
contracts with an individual to practice surgical technology
shall verify that the individual meets the continuing education
requirements under subsection (b) or, if applicable, that the
individual holds and maintains the Certified Surgical
Technologist credential as required under section 501(1)(i).
Section 503. Exception.
A health care facility may employ or otherwise contract with
an individual who does not meet the requirements of section 501
to practice surgical technology in a health care facility if:
(1) after a diligent and thorough effort has been made,
the health care facility is unable to employ or contract with
a sufficient number of qualified surgical technologists who
meet the requirements of section 501; and
(2) the health care facility makes a written record of
its efforts under paragraph (1) and retains the record at the
health care facility.
Section 504. Scope of practice.
Nothing in this chapter may be construed to prohibit any of
the following individuals from performing the tasks or functions
of a surgical technologist:
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(1) A health care practitioner.
(2) A dental assistant or an individual who is licensed
or registered under the act of May 1, 1933 (P.L.216, No.76),
known as The Dental Law.
(3) A student or intern performing the functions of a
surgical technologist under the direct supervision of a
health care practitioner as part of the student's or intern's
training or internship.
Section 505. Applicability.
Nothing in this chapter shall prohibit any licensed
practitioner from performing surgical technology tasks or
functions if the practitioner is acting within the scope of the
practitioner's license.
Section 506. Departmental duties.
The Department of Health shall enforce the provisions of this
chapter.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. Effective date.
This act shall take effect in 60 days.
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