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HF 1735

as introduced - 88th Legislature (2013 - 2014) Posted on 04/08/2013 02:50pm

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

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1.1A bill for an act
1.2relating to health; requiring qualifications and continuing education for
1.3employment as a surgical technologist;proposing coding for new law as Minnesota Statutes, chapter 146C.1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [146C.01] SURGICAL TECHNOLOGISTS; DEFINITIONS.
1.7    Subdivision 1. Scope. For purposes of sections 146C.02 to 146C.04, the terms
1.8defined in this section have the meanings given.
1.9    Subd. 2. Commissioner. "Commissioner" means the commissioner of the
1.10Department of Health.
1.11    Subd. 3. Health care facility. "Health care facility" means a health care facility
1.12licensed under section 144.50, subdivision 1.
1.13    Subd. 4. Surgical technology. "Surgical technology" means surgical patient care
1.14under the supervision of a licensed health practitioner that involves:
1.15(1) maintaining surgical instrument integrity from within the surgical field during
1.16surgical procedures;
1.17(2) performing surgical support tasks, including instrument and equipment handling,
1.18transfers and counts, and managing fluids, specimens, and supplies:
1.19(3) identifying and correcting sepsis; and
1.20(4) performing other surgical tasks as directed.

1.21    Sec. 2. [146C.02] SURGICAL TECHNOLOGISTS; EMPLOYMENT.
2.1    Subdivision 1. Training requirements. A health care facility shall not employ,
2.2contract with, or retain the services of an individual to perform surgical technology tasks
2.3or functions unless the individual:
2.4(1) has successfully completed a nationally and programmatically accredited
2.5education program for surgical technologists and holds and maintains a certified surgical
2.6technologist credential from a nationally recognized surgical technologist certifying body
2.7accredited by the National Commission for Certifying Agencies and recognized by the
2.8American College of Surgeons and the Association of Surgical Technologists;
2.9(2) provides verification that the individual has been employed to practice surgical
2.10technology in a health care facility for six months in the two years preceding the effective
2.11date of this act;
2.12(3) has successfully completed an appropriate training program for surgical
2.13technologists in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United
2.14States, or in the United States Public Health Service;
2.15(4) is in the service of the federal government, to the extent the person is performing
2.16duties related to that service;
2.17(5) is a student who performs, within the scope of the student's training, the functions
2.18of a surgical technologist under the direct supervision of a licensed health practitioner;
2.19(6) is a person who completes a training program to become a surgical technologist
2.20before July 1, 2013. The person may continue to practice surgical technology for one
2.21year after completing the surgical technology program, and thereafter must meet the
2.22requirements in clause (1); or
2.23(7) is a licensed practitioner performing surgical technology tasks or functions
2.24within the scope of the practitioner's license.
2.25    Subd. 2. Exception to training requirements. A health care facility may employ
2.26an individual to perform surgical technology tasks and functions who does not meet the
2.27requirements of subdivision 1 under the following conditions:
2.28(1) after making a diligent and thorough effort, the health care facility is unable to
2.29employ a sufficient number of individuals who meet the requirements of subdivision 1; and
2.30(2) the health care facility petitions the commissioner for a waiver from the
2.31requirements of subdivision 1.
2.32A waiver granted under this subdivision is valid for no longer than six months from the
2.33date the waiver is granted.

2.34    Sec. 3. [146C.03] CONTINUING EDUCATION.
3.1An individual who qualifies to be employed under section 146C.02, subdivision 1,
3.2clause (2) or (3), must complete 15 hours of continuing education annually to remain
3.3qualified for employment by a health care facility.

3.4    Sec. 4. [146C.04] ENFORCEMENT.
3.5The commissioner shall enforce the provisions of this section under the authority
3.6granted in section 144.05.

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