SB1749sam001 97TH GENERAL ASSEMBLY

Sen. M. Maggie Crotty

Filed: 3/11/2011

09700SB1749sam001 LRB097 09178 CEL 52652 a

AMENDMENT TO SENATE BILL 1749

AMENDMENT NO. ______. Amend Senate Bill 1749 by replacing everything after the enacting clause with the following:

"Section 5. The Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act is amended by changing Sections 10, 40, and 50 as follows:

(225 ILCS 130/10)

(Section scheduled to be repealed on January 1, 2014)

Sec. 10. Definitions. As used in this Act:

"Department" means the Department of Professional Regulation.

"Direct supervision" means supervision by an operating physician, licensed podiatrist, or licensed dentist who is physically present and who personally directs delegated acts and remains available to personally respond to an emergency until the patient is released from the operating room. A registered professional nurse may also provide direct supervision within the scope of his or her license. A registered surgical assistant or registered surgical technologist shall perform duties as assigned.

"Director" means the Director of Professional Regulation.

"Physician" or "operating physician" means a person licensed to practice medicine in all of its branches under the Medical Practice Act of 1987.

"Registered surgical assistant" means a person who (i) is not licensed to practice medicine in all of its branches, (ii) is certified by the National Surgical Assistant Association on the Certification of Surgical Assistants, the Liaison Council on Certification for the Surgical Technologist as a certified first assistant, or the American Board of Surgical Assisting, (iii) performs duties under direct supervision, (iv) provides services only in a licensed hospital, ambulatory treatment center, or office of a physician licensed to practice medicine in all its branches, and (v) is registered under this Act.

"Registered surgical technologist" means a person who (i) is not a physician licensed to practice medicine in all of its branches, (ii) is certified by the National Board of Surgical Technology and Surgical Assisting or is otherwise qualified under this Act, Liaison Council on Certification for the Surgical Technologist, (iii) performs duties, tasks, and functions under direct supervision, including, but not limited to, preparing the operating room for surgical procedures by ensuring that the surgical equipment is functioning properly and safely, preparing the operating room and sterile field using sterile technique, and performing, as directed, tasks at the sterile field to assist in the surgical procedure, (iv) provides services only in a licensed hospital, ambulatory treatment center, or office of a physician licensed to practice medicine in all its branches, and (v) is registered under this Act.

(Source: P.A. 93-280, eff. 7-1-04.)

(225 ILCS 130/40)

(Section scheduled to be repealed on January 1, 2014)

Sec. 40. Application of Act. This Act shall not be construed to prohibit the following:

(1) A person licensed in this State under any other Act from engaging in the practice for which he or she is licensed, including but not limited to a physician licensed to practice medicine in all its branches, physician assistant, advanced practice registered nurse, or nurse performing surgery-related tasks within the scope of his or her license, nor are these individuals required to be registered under this Act.

(2) A person from engaging in practice as a surgical assistant or surgical technologist in the discharge of his or her official duties as an employee of the United States government.

(3) One or more registered surgical assistants from forming a professional service corporation in accordance with the Professional Service Corporation Act and applying for licensure as a corporation providing surgical assistant services.

(4) A student engaging in practice as a surgical assistant or surgical technologist under the direct supervision of a physician licensed to practice medicine in all of its branches as part of his or her program of study at a school approved by the Department or in preparation to qualify for the examination as prescribed under Sections 45 and 50 of this Act.

(5) A person from assisting in surgery at an operating physician's discretion, including but not limited to medical students and residents, nor are medical students and residents required to be registered under this Act.

(6) A hospital, health system or network, ambulatory surgical treatment center, physician licensed to practice medicine in all its branches, physician medical group, or other entity that provides surgery-related services from employing individuals that the entity considers competent to practice as surgical assistants assist in surgery. These entities are not required to utilize registered surgical assistants or registered surgical technologists when providing surgery-related services to patients. Nothing in this subsection shall be construed to limit the ability of an employer to utilize the services of any person to practice as a surgical assistant and assist in surgery within the employment setting consistent with the individual's skill and training.

(Source: P.A. 93-280, eff. 7-1-04.)

(225 ILCS 130/50)

(Section scheduled to be repealed on January 1, 2014)

Sec. 50. Registration requirements; surgical technologist. A person shall qualify for registration as a surgical technologist if he or she has applied in writing on the prescribed form, has paid the required fees, and meets all of the following requirements:

(1) Is at least 18 years of age.

(2) Has not violated a provision of Section 95 of this Act. In addition the Department may take into consideration any felony conviction of the applicant, but a conviction shall not operate as an absolute bar to registration.

(3) Satisfies one or more of the following requirements:

(A) has Has completed a nationally accredited surgical technologist program approved by the Department and holds and maintains the certified surgical technologist credential administered by the National Board of Surgical Technology and Surgical Assisting or its successor;

(B) is currently certified by the National Board of Surgical Technology and Surgical Assisting or its successor agency and has met the requirements set forth for certification; .

(C) was employed to practice as a surgical technologist by a hospital, ambulatory surgical treatment center, a physician medical group, or other entity that provides surgery-related services on the effective date of this Act; or

(D) has successfully completed a surgical technologist program in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States or in the United States Public Health Service Commissioned Corps.

(4) (Blank) Has successfully completed the surgical technologist national certification examination provided by the Liaison Council on Certification for the Surgical Technologist or its successor agency.

(6) (Blank) Is currently certified by the Liaison Council on Certification for the Surgical Technologist or its successor agency and has met the requirements set forth for certification.

(Source: P.A. 93-280, eff. 7-1-04.)

Section 99. Effective date. This Act takes effect upon becoming law.".