N.Y. Public Health Law § 2824*2: Surgical technology and surgical technologists

* § 2824. Surgical technology and surgical technologists. 1.

Definitions. As used in this section, the following terms shall have the

following meanings:

(a) "Healthcare facility" means a general hospital as defined by

subdivision ten of section twenty-eight hundred one of this article or a

hospital as defined by subdivision one of section twenty-eight hundred

one of this article operating as a diagnostic and treatment center

authorized to provide ambulatory surgical services.

(b) "Surgical technologist" means a person who performs surgical

technology other than in the course of practicing as a healthcare

professional.

(c) "Surgical technology" means the following surgery related tasks

and functions:

(i) assisting healthcare professionals to prepare the operating room

and sterile field for surgical procedures, including assisting

healthcare professionals to set up sterile supplies, instruments and

equipment using sterile technique and ensuring that surgical equipment

function properly and safely;

(ii) assisting healthcare professionals to move and position patients

for surgery;

(iii) assisting healthcare professionals to perform non-invasive

prepping of the skin's surface and draping patients for surgery;

(iv) assisting the surgeon's provision of hemostasis during surgery by

handing instruments;

(v) holding a retractor after placement by a healthcare professional;

(vi) anticipating instrument needs of a surgeon; and

(vii) other tasks incidental to surgery that do not fall within the

scope of practice of a licensed profession, as directed by the surgeon.

Services that fall within the practice of licensed professions include,

but are not limited to:

(A) retracting tissue to expose the operating field during a surgical

procedure;

(B) administering any medication by any route, including local and

topical medications;

(C) placing hemostatic instruments or devices or applying cautery or

tying off bleeders;

(D) applying sutures or assisting with or performing wound closure;

(E) assisting the surgeon in identifying structures that should not be

ligated; and

(F) applying wound dressings.

(d) "Healthcare professional" means a person licensed or certified to

practice a healthcare profession under title eight of the education law,

acting within the scope of his or her practice.

2. A surgical technologist shall not perform surgical technology

except under the direction and supervision of an appropriately licensed

healthcare professional participating in the surgery and acting within

the scope of his or her practice to direct and supervise the surgical

technologist.

3. Minimum standards for certification of surgical technologists. A

person may not function as a surgical technologist in a healthcare

facility, and a healthcare facility shall not employ or otherwise

contract for the services of a surgical technologist, unless the person

meets one of the following:

(a) has successfully completed a nationally accredited educational

program for surgical technologists and holds and maintains a certified

surgical technologist credential administered by a nationally accredited

surgical technologist credentialing organization;

(b) has completed an appropriate training program for surgical

technology in the United States Army, Navy, Air Force, Marine Corps,

Coast Guard or Public Health Service Commissioned Corps;

(c) provides evidence that the person was employed as a surgical

technologist in a healthcare facility for a cumulative period of one

year, occurring within the four years immediately prior to the effective

date of this section. In furtherance of this paragraph, any employer of

persons performing surgical technology on the effective date of this

section shall confirm in writing to each employee his or her employment

in a capacity performing surgical technology in a healthcare facility as

of the effective date of this section; or

(d) is in the service of the federal government, to the extent the

person is performing duties related to that service.

4. A person may be employed or contracted to practice surgical

technology during the twelve month period immediately following

successful completion of a surgical technology program under paragraph

(a) of subdivision three of this section, but may not continue to be

employed or contracted with beyond that period without documentation

that the employee or contractor holds and maintains a certified surgical

technologist credential required in paragraph (a) of subdivision three

of this section.

5. A person who qualifies to function as a surgical technologist in a

healthcare facility must annually complete fifteen hours of continuing

education to remain qualified to practice as a surgical technologist. A

healthcare facility that employs or contracts with a person to practice

surgical technology shall verify that the person meets the continuing

education requirements of this subdivision.

6. (a) A surgical technologist shall document in writing good cause

that prevents compliance with the continuing education requirement as

prescribed in subdivision five of this section, which shall include any

of the following reasons: a medical condition which requires an extended

leave of absence and is documented by an appropriate healthcare

professional, or extended active duty with the armed forces of the

United States. If one of these conditions is met, an extension to

meeting the continuing education requirement, as prescribed in

subdivision five of this section may be granted by:

(i) the accrediting agency of a surgical technologist qualifying under

paragraph (a) of subdivision three of this section; or

(ii) a healthcare facility for a surgical technologist under paragraph

(c) of subdivision three of this section.

(b) If an extension is granted, a surgical technologist shall complete

all past due continuing education requirements within ninety days upon

resolution of the medical condition or termination of extended active

duty with the armed forces of the United States.

7. A healthcare facility may employ or otherwise contract with a

person who does not meet the requirements of subdivision three of this

section to function as a surgical technologist in a healthcare facility

if:

(a) after a diligent and thorough effort has been made, the healthcare

facility is unable to employ or contract with a sufficient number of

qualified surgical technologists who meet the requirements of this

section;

(b) the healthcare facility makes a written record of its efforts

under paragraph (a) of this subdivision and retains the record at the

healthcare facility; and

(c) the person meets the requirements of subdivision three of this

section within two years of the start of employment or contracting for

the performance of surgical technology.

8. Nothing in this section shall prohibit any healthcare professional

from performing surgical technology tasks or functions if the person is

acting within the scope of his or her practice. Nothing in this section

shall mean that any individual not licensed pursuant to title eight of

the education law may perform tasks or functions limited to the scope of

practice of a healthcare professional under such title.

9. A healthcare facility that employs or contracts with a surgical

technologist shall, upon request of another healthcare facility, or upon

request of a surgical technologist employed by, formerly employed by or

contracted with to perform surgical technology tasks at the healthcare

facility, verify the dates of employment or contract of such person.

10. The commissioner shall promulgate regulations as he or she may

deem appropriate to effectuate the purposes of this section.

* NB There are 2 § 2824's