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HF 1735

as introduced - 88th Legislature (2013 - 2014) Posted on 06/21/2017 11:01am

KEY: stricken = removed, old language. underscored = added, new language.



Version List Authors and Status

A bill for an act
relating to health; requiring qualifications and continuing education for
employment as a surgical technologist; proposing coding for new law as Minnesota Statutes, chapter 146C.


Section 1.


Subdivision 1.


For purposes of sections 146C.02 to 146C.04, the terms
defined in this section have the meanings given.

Subd. 2.


"Commissioner" means the commissioner of the
Department of Health.

Subd. 3.

Health care facility.

"Health care facility" means a health care facility
licensed under section 144.50, subdivision 1.

Subd. 4.

Surgical technology.

"Surgical technology" means surgical patient care
under the supervision of a licensed health practitioner that involves:

(1) maintaining surgical instrument integrity from within the surgical field during
surgical procedures;

(2) performing surgical support tasks, including instrument and equipment handling,
transfers and counts, and managing fluids, specimens, and supplies:

(3) identifying and correcting sepsis; and

(4) performing other surgical tasks as directed.

Sec. 2.


Subdivision 1.

Training requirements.

A health care facility shall not employ,
contract with, or retain the services of an individual to perform surgical technology tasks
or functions unless the individual:

(1) has successfully completed a nationally and programmatically accredited
education program for surgical technologists and holds and maintains a certified surgical
technologist 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;

(2) provides verification that the individual has been employed to practice surgical
technology in a health care facility for six months in the two years preceding the effective
date of this act;

(3) has successfully completed an appropriate training program for surgical
technologists in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United
States, or in the United States Public Health Service;

(4) is in the service of the federal government, to the extent the person is performing
duties related to that service;

(5) is a student who performs, within the scope of the student's training, the functions
of a surgical technologist under the direct supervision of a licensed health practitioner;

(6) is a person who completes a training program to become a surgical technologist
before July 1, 2013. The person may continue to practice surgical technology for one
year after completing the surgical technology program, and thereafter must meet the
requirements in clause (1); or

(7) is a licensed practitioner performing surgical technology tasks or functions
within the scope of the practitioner's license.

Subd. 2.

Exception to training requirements.

A health care facility may employ
an individual to perform surgical technology tasks and functions who does not meet the
requirements of subdivision 1 under the following conditions:

(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 subdivision 1; and

(2) the health care facility petitions the commissioner for a waiver from the
requirements of subdivision 1.

A waiver granted under this subdivision is valid for no longer than six months from the
date the waiver is granted.

Sec. 3.


An individual who qualifies to be employed under section 146C.02, subdivision 1,
clause (2) or (3), must complete 15 hours of continuing education annually to remain
qualified for employment by a health care facility.

Sec. 4.


The commissioner shall enforce the provisions of this section under the authority
granted in section 144.05.

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