SB2915 97TH GENERAL ASSEMBLY

LRB097 18271 DRJ 63497 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2915

Introduced 2/1/2012, by Sen. M. Maggie Crotty

SYNOPSIS AS INTRODUCED:

110 ILCS 330/10 new
210 ILCS 5/6.8 new
210 ILCS 85/10.11 new

Amends the University of Illinois Hospital Act, the Ambulatory Surgical Treatment Center Act, and the Hospital Licensing Act. Provides that every hospital, including the University of Illinois Hospital, and every ambulatory surgical treatment center must employ a surgical technologist or contract for the services of a surgical technologist. Sets forth educational and certification requirements for such surgical technologists. Provides for a waiver of the requirement to employ or contract for the services of a surgical technologist under certain conditions. States that these provisions do not prohibit a facility from employing or contracting for the services of a surgical technologist who meets certain other criteria. Effective January 1, 2014.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The University of Illinois Hospital Act is amended by adding Section 10 as follows:

(110 ILCS 330/10 new)

Sec. 10. Employment of surgical technologist.

(a) For purposes of this Section, "surgical technologist" means a person who: (i) is not a physician licensed to practice medicine in all of its branches; (ii) 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; (iii) provides such services in a licensed hospital; and (iv) as provided in subsection (b), has successfully completed requirements to practice as, and holds a current national certification as, a surgical technologist.

(b) Except as provided in subsection (c), the University of Illinois Hospital must employ or contract for the services of a surgical technologist who meets all of the following requirements:

(1) The surgical technologist has successfully completed a nationally accredited surgical technology program.

(2) The surgical technologist has successfully completed all requirements to practice as a surgical technologist and holds and maintains current national certification as a surgical technologist from a nationally accredited certifying organization.

(c) The University of Illinois Hospital may employ or contract for the services of a surgical technologist who does not meet the requirements of subsection (b) if:

(1) After a diligent and thorough effort, the Hospital is unable to employ a sufficient number of persons who meet the requirements of subsection (b); and

(2) The Hospital makes a written record of its efforts under paragraph (1) and retains the record at the Hospital.

(d) Nothing in this Section prohibits the University of Illinois Hospital from employing as a surgical technologist a person who meets any of the following criteria or from contracting for the services of a person who meets any of the following criteria:

(1) The person is a licensed health care professional acting within the scope of his or her license.

(2) The person was employed to practice surgical technology on the effective date of this amendatory Act of the 97th General Assembly.

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

Section 10. The Ambulatory Surgical Treatment Center Act is amended by adding Section 6.8 as follows:

(210 ILCS 5/6.8 new)

Sec. 6.8. Employment of surgical technologist.

(a) For purposes of this Section, "surgical technologist" means a person who: (i) is not a physician licensed to practice medicine in all of its branches; (ii) 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; (iii) provides such services in a licensed hospital; and (iv) as provided in subsection (b), has successfully completed requirements to practice as, and holds a current national certification as, a surgical technologist.

(b) Except as provided in subsection (c), every ambulatory surgical treatment center must employ or contract for the services of a surgical technologist who meets all of the following requirements:

(1) The surgical technologist has successfully completed a nationally accredited surgical technology program.

(2) The surgical technologist has successfully completed all requirements to practice as a surgical technologist and holds and maintains current national certification as a surgical technologist from a nationally accredited certifying organization.

(c) An ambulatory surgical treatment center may employ or contract for the services of a surgical technologist who does not meet the requirements of subsection (b) if:

(1) After a diligent and thorough effort, the ambulatory surgical treatment center is unable to employ a sufficient number of persons who meet the requirements of subsection (b); and

(2) The ambulatory surgical treatment center makes a written record of its efforts under paragraph (1) and retains the record at the ambulatory surgical treatment center.

(d) Nothing in this Section prohibits an ambulatory surgical treatment center from employing as a surgical technologist a person who meets any of the following criteria or from contracting for the services of a person who meets any of the following criteria:

(1) The person is a licensed health care professional acting within the scope of his or her license.

(2) The person was employed to practice surgical technology on the effective date of this amendatory Act of the 97th General Assembly.

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

Section 15. The Hospital Licensing Act is amended by adding Section 10.11 as follows:

(210 ILCS 85/10.11 new)

Sec. 10.11. Employment of surgical technologist.

(a) For purposes of this Section, "surgical technologist" means a person who: (i) is not a physician licensed to practice medicine in all of its branches; (ii) 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; (iii) provides such services in a licensed hospital; and (iv) as provided in subsection (b), has successfully completed requirements to practice as, and holds a current national certification as, a surgical technologist.

(b) Except as provided in subsection (c), every hospital must employ or contract for the services of a surgical technologist who meets all of the following requirements:

(1) The surgical technologist has successfully completed a nationally accredited surgical technology program.

(2) The surgical technologist has successfully completed all requirements to practice as a surgical technologist and holds and maintains current national certification as a surgical technologist from a nationally accredited certifying organization.

(c) A hospital may employ or contract for the services of a surgical technologist who does not meet the requirements of subsection (b) if:

(1) After a diligent and thorough effort, the hospital is unable to employ a sufficient number of persons who meet the requirements of subsection (b); and

(2) The hospital makes a written record of its efforts under paragraph (1) and retains the record at the hospital.

(d) Nothing in this Section prohibits a hospital from employing as a surgical technologist a person who meets any of the following criteria or from contracting for the services of a person who meets any of the following criteria:

(1) The person is a licensed health care professional acting within the scope of his or her license.

(2) The person was employed to practice surgical technology on the effective date of this amendatory Act of the 97th General Assembly.

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

Section 99. Effective date. This Act takes effect January 1, 2014.