HF 1094

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to health professions; requiring qualifications for employment as a
surgical technologist; proposing coding for new law in Minnesota Statutes,
chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.587] SURGICAL TECHNOLOGISTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the terms defined in
this subdivision have the meanings given.
new text end

new text begin (a) "Commissioner" means the commissioner of the Minnesota Department of
Health.
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new text begin (b) "Health care facility" means a health care facility licensed under section 144.50,
subdivision 1.
new text end

new text begin (c) "Surgical technology" means surgical patient care that involves:
new text end

new text begin (1) preparing the operating room for surgical procedures by ensuring that surgical
equipment is functioning properly and safely;
new text end

new text begin (2) preparing the operating room and sterile field for surgical procedures by
preparing sterile supplies, instruments, and equipment using sterile technique;
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new text begin (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
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new text begin (4) as directed in an operating room setting, performing tasks at the sterile field,
including:
new text end

new text begin (i) passing supplies, equipment, or instruments;
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new text begin (ii) sponging or suctioning an operative site;
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new text begin (iii) preparing and cutting suture material;
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new text begin (iv) transferring and irrigating with fluids;
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new text begin (v) transferring but not administering drugs within the sterile field;
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new text begin (vi) handling specimens;
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new text begin (vii) holding retractors; and
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new text begin (viii) assisting in counting sponges, needles, supplies, and instruments.
new text end

new text begin Subd. 2. new text end

new text begin Surgical technologists; employment. new text end

new text begin (a) A health care facility shall not
employ or retain the services of an individual to perform surgical technology tasks or
functions unless the individual:
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new text begin (1) has successfully completed an accredited educational program for surgical
technologists and holds and maintains a certified surgical technician credential from
a nationally recognized surgical technologist certifying body accredited by the National
Commission for Certifying Agencies and recognized by the American College of
Surgeons and the Association of Surgical Technologists;
new text end

new text begin (2) provides verification that the individual is employed to practice surgical
technology in a health care facility in this state on the effective date of this act;
new text end

new text begin (3) has successfully completed an appropriate training program for surgical
technology in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United
States or in the United States Public Health Service; or
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new text begin (4) is in the service of the federal government, to the extent the person is performing
duties related to that service.
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new text begin (b) A health care facility may employ an individual to perform surgical technology
tasks who does not meet the requirements of paragraph (a) under the following conditions:
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new text begin (1) after making a diligent and thorough effort, the health care facility is unable to
employ a sufficient number of individuals who meet the requirements of paragraph (a); and
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new text begin (2) the health care facility petitions the commissioner for a waiver from the
requirements of paragraph (a).
new text end

new text begin A waiver granted under this paragraph is valid for no longer than six months from
the date the waiver is granted.
new text end

new text begin (c) A health care facility shall supervise each individual who performs surgical
technology tasks to monitor the individual's competent performance of delegated surgical
technology tasks and functions, following the facility's policies and procedures, this
section, and any other applicable state or federal laws.
new text end

new text begin (d) Nothing in this section shall prohibit any licensed practitioner from performing
surgical technology tasks or functions if the individual is acting within the scope of that
practitioner's license.
new text end

new text begin Subd. 3. new text end

new text begin Continuing education. new text end

new text begin An individual who qualifies to be employed under
subdivision 2, paragraph (a), clause (2) or (3), shall complete 15 hours of continuing
education annually to remain qualified for employment by a health care facility.
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new text begin Subd. 4. new text end

new text begin Enforcement. new text end

new text begin The commissioner shall enforce the provisions of this
section under the authority granted in section 144.05.
new text end