House amendment #1 adds to the continuing education requirement set out in proposed GS 131E-79.3(d) and GS 131E-147.2(d) to additionally require individuals who qualify to practice surgical technology by meeting the requirements set forth in the exception set out in subsection (f) to satisfy the annual 15-hour continuing education requirement in order for a hospital or an ambulatory surgical facility to contract or employ the individual to practice.
Summary date: Mar 9 2017 - View Summary
Summary date: Mar 8 2017 - View Summary
House committee substitute makes the following changes to the 1st edition.
Amends definition of surgical technology to clarify that the listed tasks performed in the sterile field must be performed as directed by the surgical team. Amends new GS 131E79.3(b) to clarify that the employment qualifications for surgical technologists required in the statute are minimum qualifications. Adjusts the qualifications to require evidence of completion of the described accreditation or training programs, and to clarify that the qualification for employees of agencies or institutions of the federal government requires employment practicing surgical technology. Allows hospitals to employ or contract with individuals qualified under new GS 131E79.3(b)(4) so long as that individual completes 15 hours of continuing education annually.
Amends the codification of GS Chapter 131E, Part 4, Article 6, to place the new statute regulating Ambulatory surgical facility standards for surgical technology care at GS 131E147.2, instead of GS 131E147.10. Makes amendments identical to those described above to new GS 131E147.2.
Adds captions for subsections throughout the act. Makes technical and clarifying changes.
Summary date: Feb 27 2017 - View Summary
Enacts new GS 131E-79.3, pertaining to hospital standards for surgical technology care, and new GS 131E-147.10, 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) or (3) 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) qualified an individual who was employed to practice surgical technology in a hospital or facility licensed as specified on December 31, 2017, or an individual who was employed to practice surgical technology during the two years immediately preceding December 31, 2017, to practice surgical technology. Provides in subdivision (4) of subsection (b) that an individual who is in the service of the federal government is qualified to practice surgical technology to the extent the individual is performing duties related to that service.
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 or facility 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 makes and retains, at the hospital or facility, 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 violations of their respective statute.
Effective January 1, 2018.