SENATE, No. 2782

Senate, July 3, 2008

The committee on Public Health to whom was referred the Senate bill relative to surgical technology, reported, with an amendment substituting a new draft of the same title (Senate, No. 2782).

Susan C. Fargo,
For the committee.

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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT RELATIVE TO SURGICAL TECHNOLOGY

SECTION 1. “Surgical Technology” means intraoperative surgical patient care that involves:

(a)  preparing the operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely;
(b)  preparing the operating room and the sterile field for surgical procedures by preparing sterile supplies, instruments, and equipment using sterile technique;
(c)  anticipating the needs of the surgical team based on knowledge of human anatomy and pathophysiology and how they relate to the surgical patient and the patient's surgical procedure; and
(d)  as directed in an operating room setting, performing tasks at the sterile field including:

(1)  passing supplies, equipment, or instruments;
(2)  sponging or suctioning an operative site;
(3)  preparing and cutting suture material;
(4)  transferring and irrigating with fluids;
(5)  transferring but not administering drugs within the sterile field;
(6)  handling specimens;
(7)  holding retractors; and
(8)  assisting in counting sponges, needles, supplies, and instruments with the RN circulator.

SECTION 2. (1) A person may not practice surgical technology in a health care facility unless the person meets one of the following requirements:
(a)        Has successfully completed an educational program for surgical technologists and holds and maintains a certified surgical technologist credential administered by a nationally recognized surgical technologist certifying body accredited by the National Commission for Certifying Agencies and recognized by the American College of Surgeons and the Association of Surgical Technologists.   
(b)        Provides evidence that the person was employed to practice surgical technology in a health care facility prior to January 1, 2009; or
(c)        Has completed an appropriate training program for surgical technology in the army, navy, air force, marine corps, or coast guard of the United States or in the United States Public Health Service; or
(d)        Is in the service of the federal government, to the extent the person is performing duties related to that service.

(2)        A person may be employed to practice surgical technology during the twelve month period immediately following graduation from an accredited school of surgical technology, but may not continue to be employed beyond that period without documentation that the employee holds and maintains the certified surgical technologist certification required in Section 2 (1)(a).

SECTION 3.  A health care facility shall supervise each person employed by the health care facility to practice surgical technology according to the facility’s policies and procedures to ensure that the person competently performs delegated tasks intraoperatively according to this section or other applicable provisions of law.

SECTION 4.  Nothing in this Act shall prohibit a Registered Nurse or other licensed practitioner from performing surgical technology tasks or functions if the person is acting within the scope of that practitioner's license.

SECTION 5. (a) An operating room circulator in a healthcare facility must be a licensed registered nurse educated, trained, and experienced in perioperative nursing.
(b) A person who may be employed to practice surgical technology in a healthcare facility may assist in the performance of circulating duties under direct supervision of the RN circulator, who shall be in the OR for the duration of the procedure
(1) consistent with the person's education, training, and experience; and
(2) as assigned and supervised by a registered nurse circulator

SECTION 6. The Department of Healthcare Facilities Licensing [or applicable name of hospital or ambulatory surgical center regulatory agency] shall enforce the provisions of this Act.