SB660: Bill Text

LRB-4594/1

RLR:bjk:ph

2009 - 2010 LEGISLATURE

2009 Senate BILL 660

April 2, 2010 - Introduced by Senator Robson, cosponsored by Representative Pasch. Referred to Committee on Health, Health Insurance, Privacy, Property Tax Relief, and Revenue.

SB660,1,5 An Act to amend subchapter II (title) of chapter 50 [precedes 50.20], 50.33 (title) and 257.01 (8); and to create 50.20, 50.22, 50.36 (7), 146.997 (1) (d) 13m., 252.14 (1) (ar) 16. and 257.01 (12) of the statutes; relating to: qualification requirements for performing surgical technology for a hospital or ambulatory surgery center.

Analysis by the Legislative Reference Bureau

This bill imposes qualification requirements for persons employed by a hospital or ambulatory surgery center to perform surgical technology. The bill defines surgical technology as surgical patient care that involves preparing the sterile field, equipment, and supplies for surgery, and performing various tasks during surgery, including handling equipment and supplies and irrigating and sponging an operative site. Under the bill, a hospital or ambulatory surgery center may not employ a person to perform surgical technology unless the person is certified by the National Board of Surgical Technology and Surgical Assisting; has completed training in surgical technology while serving in the U.S. armed forces or the federal public health service; is employed to perform surgical technology on the effective date of this bill; or is a licensed nurse, physician, or physician assistant or is otherwise accredited by the Department of Regulation and Licensing to perform surgical technology. The bill also requires those persons who qualify on the basis of certification by the National Board of Surgical Technology and Surgical Assisting to complete continuing education relating to surgical technology.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB660, s. 1 Section 1. Subchapter II (title) of chapter 50 [precedes 50.20] of the statutes is amended to read:

SB660,2,3 CHAPTER 50

SB660,2,4 SUBCHAPTER II

SB660,2,5 Ambulatory surgery centers and HOSPITALS

SB660, s. 2 Section 2. 50.20 of the statutes is created to read:

SB660,2,7 50.20 Definitions. In this subchapter:

SB660,2,10 (1) "Ambulatory surgery center" means any distinct entity that operates exclusively for the purpose of providing surgical services to patients who do not require hospitalization.

SB660,2,12 (2) "Surgical technology" means surgical patient care that involves any of the following:

SB660,2,15 (a) Preparing the sterile field for a surgical procedure by preparing the appropriate sterile supplies, instruments, and equipment for that surgical procedure using surgical asepsis.

SB660,2,16 (b) Performing any of the following tasks in the sterile field:

SB660,2,17 1. Passing and holding supplies, equipment, or instruments.

SB660,2,18 2. Sponging or suctioning an operative site.

SB660,2,19 3. Preparing and cutting material for sutures.

SB660,2,20 4. Irrigating an operative site.

SB660,2,21 5. Transferring but not administering drugs.

SB660,3,1 6. Handling specimens.

SB660,3,2 7. Counting sponges, needles, supplies, and instruments.

SB660, s. 3 Section 3. 50.22 of the statutes is created to read:

SB660,3,6 50.22 Surgical technologists at ambulatory surgery centers. (1) An ambulatory surgery center may not employ a person to perform surgical technology unless at least one of the following applies:

SB660,3,10 (a) The person has successfully completed an accredited educational program for surgical technology and holds a valid surgical technologist certification issued by the National Board of Surgical Technology and Surgical Assisting or a successor organization.

SB660,3,13 (b) The person successfully completed a training program for surgical technology while serving in the U.S. armed forces or in the federal public health service.

SB660,3,15 (c) The person is employed to perform surgical technology on the effective date of this paragraph .... [LRB inserts date].

SB660,3,22 (d) The person is licensed as a nurse under ch. 441 or is licensed as a physician or a physician assistant under ch. 448; the person is licensed or certified by the department of regulation and licensing or by a board under s. 15.405 or 15.406 to provide a health care service and the scope of the practice for which the person is licensed or certified includes providing care in an operating room or a preparation area for an operating room; or the person is participating in a training program that is required to obtain a license or certification described under this paragraph.

SB660,4,3 (2) A person who is employed by an ambulatory surgery center to perform surgical technology to whom sub. (1) (b), (c), or (d) does not apply shall complete 60 hours of continuing education that are specifically related to surgical technology every four years. The person shall maintain records demonstrating proof of completion of the continuing education hours, and upon request by the ambulatory surgery center, shall submit a copy of the records to the ambulatory surgery center.

SB660, s. 4 Section 4. 50.33 (title) of the statutes is amended to read:

SB660,4,5 50.33 (title) Definitions; hospitals.

SB660, s. 5 Section 5. 50.36 (7) of the statutes is created to read:

SB660,4,8 50.36 (7) (a) A hospital may not employ a person to perform surgical technology unless at least one of the following applies:

SB660,4,12 1. The person has successfully completed an accredited educational program for surgical technology and holds a valid surgical technologist certification issued by the National Board of Surgical Technology and Surgical Assisting or a successor organization.

SB660,4,14 2. The person successfully completed a training program for surgical technology while serving in the U.S. armed forces or the federal public health service.

SB660,4,16 3. The person is employed to perform surgical technology on the effective date of this subdivision .... [LRB inserts date].

SB660,4,23 4. The person is licensed as a nurse under ch. 441 or is licensed as a physician or a physician assistant under ch. 448; the person is licensed or certified by the department of regulation and licensing or by a board under s. 15.405 or 15.406 to provide a health care service and the scope of the practice for which the person is licensed or certified includes providing care in an operating room or a preparation area for an operating room; or the person is participating in a training program that is required to obtain a license or certification described under this subdivision.

SB660,5,4 (b) A person who is employed by a hospital to perform surgical technology to whom par. (a) 2., 3., or 4. does not apply shall complete 60 hours of continuing education that are specifically related to surgical technology every 4 years. The person shall maintain records demonstrating proof of completion of the continuing education hours, and upon request by the hospital, shall submit a copy of the records to the hospital.

SB660, s. 6 Section 6. 146.997 (1) (d) 13m. of the statutes is created to read:

SB660,5,7 146.997 (1) (d) 13m. A person employed to perform surgical technology, as defined in s. 50.20 (2).

SB660, s. 7 Section 7. 252.14 (1) (ar) 16. of the statutes is created to read:

SB660,5,10 252.14 (1) (ar) 16. A person employed to perform surgical technology, as defined in s. 50.20 (2).

SB660, s. 8 Section 8. 257.01 (8) of the statutes, as created by 2009 Wisconsin Act 42, is amended to read:

SB660,5,16 257.01 (8) "Practitioner" means a behavioral health provider, clinical laboratory technician, emergency medical services provider, funeral director, health care provider, nurse aide, pupil services provider, or substance abuse prevention provider, or surgical technologist.

SB660, s. 9 Section 9. 257.01 (12) of the statutes is created to read: