Bill Summary for H 43 (2019-2020)

Summary date: 

Mar 5 2019

Bill Information:

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.

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Bill summary

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. 

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