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Amt. No. 1A (Doc. Path council\nbd\11739ac07)
May 31, 2007
H. 3721
Introduced by Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill
S. Printed 5/24/07--S.
Read the first time April 25, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-380 SO AS TO PROVIDE THE REQUIREMENTS FOR A PERSON TO PRACTICE SURGICAL TECHNOLOGY AND TO PROVIDE AN EXCEPTION; AND BY ADDING SECTION 44-7-385 SO AS TO PROVIDE THAT AN OPERATING ROOM CIRCULATOR MUST BE A REGISTERED NURSE, AND TO PROVIDE THE CONDITIONS UNDER WHICH A SURGICAL TECHNOLOGIST MAY ASSIST IN PERFORMING OPERATING ROOM CIRCULATION DUTIES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-380. (A) As used in this section, 'surgical technology' means intraoperative surgical patient care that involves:
(1) preparing the operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely;
(2) preparing the operating room and the sterile field for surgical procedures by preparing sterile supplies, instruments, and equipment using sterile technique;
(3) 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
(4) as directed within the sterile field in an operating room setting, performing tasks including:
(a) passing supplies, equipment, or instruments;
(b) sponging or suctioning an operative site;
(c) preparing and cutting suture materials;
(d) transferring fluids or drugs;
(e) holding retractors; and
(f) assisting in counting sponges, needles, supplies, and instruments.
(B)(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 accredited educational program for surgical technologists and holds and maintains the Surgical Technologist Certification administered by the National Board of Surgical Technology and Surgical Assisting, or its successor; however, upon completion of an accredited education program for surgical technologists, graduates may practice for up to three months before completing certification by the National Board of Surgical Technology and Surgical Assisting, or its successor;
(b) has 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;
(c) provides evidence that the person was employed to practice surgical technology in a health care facility in this State prior to January 1, 2008; 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 qualified to practice as a surgical technologist pursuant to subsection (B)(1) remains qualified to practice regardless of a break in practice provided the continuing education required in subsection (D) is current.
(C) A person who does not meet the requirements of this section, may 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 a sufficient number of persons who meet the requirements of this section; and
(2) the health care facility makes a written record of its efforts made pursuant to item (1) and retains the record at the health care facility.
(D) A person who qualifies to practice surgical technology in a health care facility pursuant to subsection (B)(1)(a), (b), or (c) annually must complete fifteen hours of continuing education to remain qualified for employment.
(E) A health care facility that employs a person to practice surgical technology shall verify that the person meets the continuing education requirements of subsection (D) or that the person has held and maintained the Surgical Technologist Certification as required in subsection (B)(1)(a).
(F) A health care facility shall supervise each person employed by the health care facility to practice surgical technology according to the health care 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.
(G) This section does not prohibit a person licensed under another provision of law from performing surgical technology tasks or functions if the person is acting within the scope of his or her license.
Section 44-7-385. (A) As used in this section, an 'operating room circulator' means a registered nurse trained, educated, or experienced in perioperative nursing who is responsible for coordinating the nursing care and safety needs of a patient in the operating room and who also meets the needs of the operating room team members during surgery.
(B) An operating room circulator in a health care facility must be a licensed registered nurse educated, trained, and experienced in perioperative nursing.
(C) A surgical technologist may not serve as the circulator in the operating room of a health care facility; however, a person who is employed to practice surgical technology in a health care facility may assist in the performance of circulating duties:
(1) consistent with the person's education, training, and experience; and
(2) as assigned and supervised by a registered nurse circulator who must be present in the operating room for the duration of the surgical procedure."
SECTION 2. Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-261. Health care facilities licensed pursuant to Regulation 61-16, Minimum Standards for Licensing Hospitals and Institutional General Infirmaries, and designated as 'privately-owned education infirmaries' may be established within the jurisdiction of a larger non-medical institution which maintains and operates organized facilities and services to accommodate two or more non-related students, faculty, and staff with illness, injury, or infirmity for a period exceeding twenty-four hours for the diagnosis, treatment, and care of such persons and which provides medical, surgical, and professional nursing care, and in which all diagnoses, treatment, and care are performed under the direction of persons currently licensed to practice medicine and surgery in South Carolina. However, privately-owned educational infirmaries may also care for patients who are not students, faculty, or staff when the privately-owned educational infirmary has agreed to provide such care to this class or patients prior to January 1, 2007."
SECTION 3. This act takes effect January 1, 2008.
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