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A95, R138, H3721
Sponsors: Reps. Howard, Perry, Haskins, Witherspoon, Harrison, Brady, Walker and Merrill
Document Path: l:\council\bills\nbd\11261ac07.doc
Companion/Similar bill(s): 676
Introduced in the House on March 15, 2007
Introduced in the Senate on April 25, 2007
Last Amended on May 31, 2007
Passed by the General Assembly on May 31, 2007
Became law without Governor's signature, June 15, 2007
Summary: Surgical technology
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/15/2007 House Introduced and read first time HJ-4 3/15/2007 House Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-4 4/18/2007 House Committee report: Favorable Medical, Military, Public and Municipal Affairs HJ-22 4/24/2007 House Requests for debate-Rep(s). GM Smith HJ-103 4/24/2007 House Read second time HJ-103 4/25/2007 House Read third time and sent to Senate HJ-23 4/25/2007 Senate Introduced and read first time SJ-24 4/25/2007 Senate Referred to Committee on Medical Affairs SJ-24 5/23/2007 Senate Committee report: Favorable with amendment Medical Affairs SJ-61 5/24/2007 Scrivener's error corrected 5/24/2007 Senate Committee Amendment Adopted SJ-51 5/24/2007 Senate Read second time SJ-51 5/25/2007 Scrivener's error corrected 5/29/2007 Senate Read third time and returned to House with amendments SJ-36 5/31/2007 House Senate amendment amended HJ-37 5/31/2007 House Returned to Senate with amendments HJ-37 5/31/2007 Senate Concurred in House amendment and enrolled SJ-139 6/7/2007 Ratified R 138 6/15/2007 Became law without Governor's signature 6/20/2007 Copies available 6/20/2007 Effective date 01/01/08 6/27/2007 Act No. 95
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A95, R138, H3721)
AN ACT 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; 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; AND BY ADDING SECTION 44-7-261 SO AS TO PROVIDE THAT LICENSED HEALTH CARE FACILITIES DESIGNATED AS PRIVATELY-OWNED EDUCATION INFIRMARIES MAY BE ESTABLISHED WITHIN THE JURISDICTION OF A LARGER NONMEDICAL INSTITUTION FOR THE DIAGNOSIS, CARE, AND TREATMENT OF STUDENTS, FACULTY, AND STAFF AND TO FURTHER PROVIDE THAT SUCH INFIRMARIES MAY PROVIDE CARE FOR PATIENTS WHO ARE NOT STUDENTS, FACULTY, OR STAFF IF PROVIDING SUCH CARE WAS AGREED TO BEFORE JANUARY 1, 2007.
Be it enacted by the General Assembly of the State of South Carolina:
Surgical technology and operating room circulators; definitions; requirements to practice; exceptions
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."
Privately-owned education infirmaries
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 nonmedical institution which maintains and operates organized facilities and services to accommodate two or more nonrelated 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 education infirmaries also may care for patients who are not students, faculty, or staff when the privately-owned education 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.
Ratified the 8th day of June, 2007.
Became law without the signature of the Governor -- 6/15/07.
This web page was last updated on Wednesday, December 2, 2009 at 3:40 P.M.