ESTABLISH STANDARDS FOR SURGICAL TECHNOLOGY.

View NCGA Bill Details2019-2020 Session
House Bill 43 (Public) Filed Thursday, February 7, 2019
AN ACT ESTABLISHING STANDARDS FOR SURGICAL TECHNOLOGY CARE IN HOSPITALS AND AMBULATORY SURGICAL FACILITIES.
Intro. by Murphy, Lambeth, Humphrey.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 4 2019)

SOG comments (1):

Identical bill

Identical to S 43, filed 2/12/19.

H 43

Bill Summaries:

  • Summary date: Mar 26 2019 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends proposed new GS 131E-79.3, pertaining to hospital standards for surgical technology care, and new GS 131E-147.2, pertaining to ambulatory surgical facility (facility) standards for surgical technology care. Modifies the qualifications for employment by a hospital or facility, now allowing a hospital or facility to employ or contract with an individual to practice surgical technology if the individual provides documentation of employment to practice surgical technology during the three years immediately preceding December 31, 2019 (previously, required documentation of active and continuous employment to practice during the specified time period). Expands the exception provided for employing or contracting with an individual who does not meet the qualifications to any hospital or facility meeting the specified requirements regarding efforts to employ a qualified surgical technologist, records retention, and compliance with continuing education requirements (previously, the exception was limited to hospitals and facilities located in a tier one county who meets the specified requirements). 


  • Summary date: Mar 5 2019 - More information

    House committee substitute makes the following changes to the 1st edition.

    Makes changes to proposed GS 131E-79.3, pertaining to hospital standards for surgical technology care, and GS 131E-147.2, pertaining to ambulatory surgical facility (facility) standards for surgical technology care. Changes the definition of surgical technology in each statute, now defining the term to mean surgical patient care that includes, but is not limited to, 15 specified perioperative tasks or functions, as directed by the surgeon (previously, defined as surgical patient care that includes specified tasks and functions, including specified tasks as directed by the surgical team). Amends and adds to that list of tasks or functions.

    Adjusts the employment qualifications for surgical technologists to provide qualification upon evidence of documentation of active and continuous employment to practice surgical technology during the three years immediately preceding December 31, 2019. Deletes the employment qualification for practicing surgical technology as an employee of an agency or institution of the federal government. Adds to the facility employment qualifications employment to practice surgical technology in an ambulatory surgical facility licensed under Part 4 of Article 6 of GS Chapter 131E on December 31, 2019. Makes clarifying changes concerning probationary practice. Modifies the continuing education requirement.

    Now requires surgical technologists employed by or contracted with a hospital or facility who hold and maintain Certified Surgical Technologist credentials issued by the National Board of Surgical Technology and Surgical Assisting or its successor to comply with the continuing education requirements set forth by that organization and provide proof of compliance upon employer's request. Now requires all other surgical technologists employed by or contracted with a hospital or facility to complete 30 hours of relevant continuing education every two years and provide proof of compliance upon employer's request (previously, required 15 hours annually of continuing education approved by the National Board of Surgical Technology and Surgical Assisting or its successor). Deletes the requirement for hospitals or facilities to verify the employee or contractor's continuing education requirements or credentials.

    Limits the exception provided for employing or contracting with an individual who does not meet the qualifications to hospitals and facilities located in a tier one county. Adds to the criteria to qualify for the exception, requiring the hospital or facility ensure any non-certified surgical technologist employed or contracted by the hospital or facility complies with the statute's continuing education requirements. Requires the hospitals and facilities document and retain records of efforts made to employ or contract qualified surgical technologists satisfying the requirements of the statute (previously, required documentation be written and retained on the hospital premises).

    Grants hospitals and facilities authority to restrict an employee's eligibility to practice surgical technology if the employee does not comply with the statute's requirements.

    Further modifies GS 131E-147.2 to more specifically refer to "ambulatory surgical facilities" throughout the statute. 


  • Summary date: Feb 7 2019 - More information

    Enacts new GS 131E-79.3, pertaining to hospital standards for surgical technology care, and new GS 131E-147.2, pertaining to ambulatory surgical facility (facility) standards for surgical technology care.

    Sets forth identical provisions in each statute to prohibit hospitals and ambulatory surgical facilities from employing or otherwise contracting for the services of a surgical technologist in that hospital or facility unless the individual meets one of four qualifications listed in subsection (b) of each statute. Provides definition for surgical technologist and surgical technology. Allows a hospital or facility to employ or contract with an individual to practice surgical technology during the 12-month period immediately following successful completion of a surgical technology program as specified in subdivision (1) of subsection (b), but prohibits continued employment beyond the initial 12-month period without documentation that the employee or contractor holds and maintains the certified surgical technologist credential as specified in subsection (b). Authorizes a hospital or facility to employ or contract with an individual who qualifies to practice surgical technology under subdivisions (2), (3), or (4) of subsection (b) as long as that individual annually completes 15 hours of continuing education approved by the National Board of Surgical Technology and Surgical Assisting or its successor. Subdivision (2) of subsection (b) qualifies an individual who has successfully completed an appropriate training program for surgical technology in the US Army, Navy, Air Force, Marine Corps, or Cost Guard, or in the US Public Health Service, to practice as a surgical technologist. Subdivision (3) of subsection (b) qualifies an individual who was employed to practice surgical technology in a hospital or facility licensed as specified on December 31, 2019, or an individual who was employed to practice surgical technology during the two years immediately preceding December 31, 2019, to practice surgical technology. Provides in subdivision (4) of subsection (b) that an individual who practices surgical technology as an employee of an agency or institution of the federal government is qualified to practice surgical technology.

    Requires the hospital or facility that employs or contracts with an individual to practice surgical technology to verify that the individual meets the continuing education requirements of subsection (d), or that the individual holds and maintains the Certified Surgical Technologist credential described in subdivision (1) of subsection (b), as applicable.

    Allows a hospital or facility to employ or contract with an individual who does not meet the qualifications specified in subsection (b) if (1) the hospital makes a diligent and thorough effort, but is unable, to employ or contract a sufficient number of qualified surgical technologists and (2) the hospital or facility documents and retains, on the premises, a written record of its efforts to employ or contract with a sufficient number of qualified surgical technologists. 

    Clarifies that nothing in these statutes prohibits a licensed practitioner from performing surgical technology tasks or functions if the practitioner is acting within the scope of his or her license. 

    Allows the Department of Health and Human Services to take adverse action against a hospital under GS 131A-78 or against a facility under GS 131E-148 for a violation of their respective statute.

    Effective January 1, 2020.


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