PRIOR PRINTER'S NOS. 83, 358 PRINTER'S NO. 564
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 81
Session of
2019
INTRODUCED BY KAUFFMAN, MURT, PYLE, ZIMMERMAN, READSHAW, HILL-
EVANS, JOZWIAK AND KORTZ, JANUARY 28, 2019
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 20, 2019
AN ACT
1 Providing for certification of central service technicians;
2 imposing continuing education requirements on central service
3 technicians; providing for duties of hospitals and ambulatory
4 surgical facilities and the Department of Health; and
5 regulating the practice of surgical technology and surgical
6 technologists.
7 TABLE OF CONTENTS
8 Chapter 1. Preliminary Provisions
9 Section 101. Short title.
10 Section 102. Definitions.
11 Chapter 3. Central Service Technicians
12 Section 301. Certification.
13 Section 302. Employment and continuing education.
14 Section 303. Scope of practice.
15 Section 304. Departmental duties.
16 Chapter 5. Surgical Technologies
17 Section 501. Requirements for health care facilities.
18 Section 502. Continuing education.
19 Section 503. Exception.
1 Section 504. Scope of practice.
2 Section 505. Applicability.
3 Section 506. Departmental duties.
4 Chapter 21. Miscellaneous Provisions
5 Section 2101. Effective date.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 CHAPTER 1
9 PRELIMINARY PROVISIONS
10 Section 101. Short title.
11 This act shall be known and may be cited as the Central
12 Service Technician and Surgical Technologist Regulation Act.
13 Section 102. Definitions.
14 The following words and phrases when used in this act shall
15 have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Ambulatory surgical facility." As defined in section 802.1
18 of the act of July 19, 1979 (P.L.130, No.48), known as the
19 Health Care Facilities Act.
20 "Central service technician." An individual who provides the
21 services of inspecting, assembling, decontamination,
22 preparation, packaging and sterilization of reusable medical
23 instruments or devices in a hospital or an ambulatory surgical
24 facility.
25 "Department." The Department of Health of the Commonwealth.
26 "Health care facility." A hospital, ambulatory surgical
27 center or freestanding surgical outpatient facility.
28 "Health care practitioner." As defined in section 103 of
29 the Health Care Facilities Act.
30 "Hospital." As defined in section 802.1 of the Health Care
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1 Facilities Act.
2 "Surgical technologist." An individual who is employed or
3 contracted by a health care facility to perform surgical
4 technology tasks and functions as directed.
5 "Surgical technology." Surgical patient care that includes,
6 but is not limited to, the following tasks or functions:
7 (1) preparing the operating room and the sterile
8 operating field for surgical procedures by ensuring that
9 surgical equipment is functioning properly and safely and
10 using sterile technique to prepare supplies, instruments and
11 equipment;
12 (2) assisting the surgeon with placing sterile drapes on
13 the patient to establish the sterile operating field;
14 (3) participating in the time-out process of verifying
15 the correct patient, procedure and surgical site;
16 (4) anticipating the needs of the surgeon, based on
17 knowledge of human anatomy and pathophysiology, by preparing
18 and passing instruments and supplies during a surgical
19 procedure;
20 (5) sponging and suctioning the operative site;
21 (6) preparing and cutting suture material;
22 (7) preparing and pouring irrigation solutions during a
23 surgical procedure;
24 (8) preparing and passing medications and hemostatic
25 agents during a surgical procedure;
26 (9) transferring and administering drugs within the
27 sterile field in accordance with the applicable laws of this
28 Commonwealth;
29 (10) preparing and passing off specimens;
30 (11) holding retractors or other instruments;
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1 (12) applying electrocautery to clamps or forceps on
2 bleeding vessels;
3 (13) operating the camera during an endoscopic
4 procedure;
5 (14) placing instruments in robotic arms during a
6 surgical procedure;
7 (15) connecting drains to suction apparatuses;
8 (16) performing urinary catheterizations;
9 (17) preparing and applying sterile dressings to closed
10 wounds;
11 (18) performing counts of sponges, needles, supplies and
12 instruments with a registered nurse circulator;
13 (19) cleaning and preparing instruments for
14 sterilization upon completion of a surgical procedure;
15 (20) assisting the surgical team with cleaning of the
16 operating room upon completion of a surgical procedure;
17 (21) assisting with transferring the patient to and
18 positioning the patient on the operating table; and
19 (22) maintaining the highest standard of sterile
20 technique, including identifying and correcting breaks in the
21 sterile operating field.
22 CHAPTER 3
23 CENTRAL SERVICE TECHNICIANS
24 Section 301. Certification.
25 (a) Requirements.--An individual shall not function as a
26 central service technician in a health care facility, and a
27 health care facility shall not employ or otherwise contract for
28 the services of a central service technician unless the
29 individual has successfully passed a nationally accredited
30 central service exam for central service technicians and holds
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1 and maintains one of the following credentials:
2 (1) Certified registered central service technician
3 credential.
4 (2) Certified sterile processing and distribution
5 technician credential.
6 (b) Exemption.--The certification requirement under
7 subsection (a) shall not apply to an individual who has been
8 employed or otherwise contracted for services as a central
9 service technician in a hospital or ambulatory surgical facility
10 on or before the effective date of this act.
11 Section 302. Employment and continuing education.
12 (a) New employees.--A central service technician who does
13 not meet the requirements under section 301 shall have 18 months
14 from the date of hire to comply with section 301.
15 (b) Continuing education.--An individual who qualifies to
16 function as a central service technician in a hospital or an
17 ambulatory surgical facility under section 301 shall annually
18 complete 10 hours of continuing education to remain qualified as
19 a central service technician. The continuing education required
20 under this subsection shall be in areas related to the functions
21 of a central service technician.
22 (c) Facility responsibility.--
23 (1) A hospital or ambulatory surgical facility shall
24 maintain documentation to verify that an individual meets the
25 certification requirements under section 301(a).
26 (2) If an individual does not meet the certification
27 requirements under section 301(a), a hospital or ambulatory
28 surgical facility shall maintain documentation of a central
29 service technician's dates of employment or the contract
30 period when the central service technician provided services
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1 to the hospital or ambulatory surgical facility to verify
2 that the central service technician meets the exemption
3 requirements under section 301(b).
4 Section 303. Scope of practice.
5 Nothing in this chapter may be construed to prohibit any of
6 the following individuals from performing the tasks or functions
7 of a central service technician:
8 (1) A health care practitioner.
9 (2) A dental assistant or an individual who is licensed
10 or registered under the act of May 1, 1933 (P.L.216, No.76),
11 known as The Dental Law.
12 (3) A student or intern performing the functions of a
13 central service technician under the direct supervision of a
14 health care practitioner as part of the student's or intern's
15 training or internship.
16 (4) A PERSON WHO HOLDS OR MAINTAINS A REGISTRATION, <--
17 CERTIFICATION OR LICENSE BY A NATIONALLY ACCREDITED
18 CREDENTIALING ORGANIZATION TO PERFORM HEALTH SERVICES.
19 Section 304. Departmental duties.
20 The department shall administer the provisions of this
21 chapter and promulgate and adopt such regulations as may be
22 necessary to implement this act.
23 CHAPTER 5
24 SURGICAL TECHNOLOGIES
25 Section 501. Requirements for health care facilities.
26 The following apply:
27 (1) A health care facility shall not employ or otherwise
28 contract for the services of a surgical technologist in a
29 health care facility unless the individual meets at least one
30 of the following:
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1 (i) has successfully completed a program accredited <--
2 by the Commission on Accreditation of Allied Health
3 Education Programs or other nationally accredited
4 educational program for surgical technologists and holds
5 and maintains the Certified Surgical Technologist
6 credential administered by the National Board of Surgical
7 Technology and Surgical Assisting or its successor;
8 (I) HAS SUCCESSFULLY COMPLETED A PROGRAM ACCREDITED <--
9 BY A NATIONALLY RECOGNIZED ACCREDITED EDUCATION PROGRAM
10 OR THE UNITED STATES DEPARTMENT OF EDUCATION FOR SURGICAL
11 TECHNOLOGISTS AND HOLDS AND MAINTAINS CREDENTIALS AS A
12 SURGICAL TECHNOLOGIST. THE DEPARTMENT MAY PROMULGATE
13 REGULATIONS WHICH IDENTIFY NATIONALLY RECOGNIZED
14 ACCREDITED PROGRAMS WHICH MEET THE STANDARDS NECESSARY TO
15 PROMOTE THE PUBLIC GOOD AND PROTECT THE HEALTH AND SAFETY
16 OF INDIVIDUALS IN A HEALTH CARE FACILITY;
17 (ii) has successfully completed an appropriate
18 training program for surgical technology in the United
19 States Army, Navy, Air Force, Marine Corps or Coast Guard
20 or in the United States Public Health Service;
21 (iii) provides evidence that the individual was
22 employed to practice surgical technology as the
23 individual's primary function in a health care facility
24 on the effective date of this act or was employed to
25 practice surgical technology during the two years
26 immediately preceding the effective date of this act; or
27 (iv) is in the service of the Federal Government, to
28 the extent that the individual is performing duties
29 related to that service.
30 (2) A health care facility that employs or contracts
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1 with an individual to practice surgical technology shall
2 verify the dates of employment of the individual or contract
3 period with the individual upon request by any of the
4 following:
5 (i) another health care facility;
6 (ii) another individual who is employed by or
7 contracts with the health care facility to practice
8 surgical technology; or
9 (iii) another individual who was formerly employed
10 by or contracted with the health care facility to
11 practice surgical technology.
12 (3) A health care facility may employ or contract an
13 individual to practice surgical technology during the six-
14 month period immediately following successful completion of a
15 surgical technology program, but may not continue to be
16 employed or contracted with beyond that period without
17 documentation that the employee or contractor holds and
18 maintains the Certified Surgical Technologist credential
19 required under paragraph (1)(i).
20 Section 502. Continuing education.
21 (a) Compliance.--An individual who is employed by or
22 contracts with a health care facility to practice surgical
23 technology and is certified under section 501(1)(i) shall:
24 (1) comply with the continuing education requirements as
25 necessary to maintain the Certified Surgical Technologist
26 credential under section 501(1)(i); and
27 (2) provide proof of compliance with the continuing
28 education requirements to the health care facility upon
29 request.
30 (b) Additional requirement.--An individual who is employed
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1 by or contracts with a health care facility to practice surgical
2 technology and is not certified under section 501(1)(i) or has
3 let the individual's certification lapse shall:
4 (1) complete 30 hours of relevant continuing education
5 every two years in order to remain eligible to practice
6 surgical technology; and
7 (2) be responsible for proving, to the satisfaction of
8 the health care facility, that the individual complies with
9 this subsection.
10 (c) Verification.--A health care facility that employs or
11 contracts with an individual to practice surgical technology
12 shall verify that the individual meets the continuing education
13 requirements under subsection (b) or, if applicable, that the
14 individual holds and maintains the Certified Surgical
15 Technologist credential as required under section 501(1)(i).
16 Section 503. Exception.
17 A health care facility may employ or otherwise contract with
18 an individual who does not meet the requirements of section 501
19 to practice surgical technology in a health care facility if:
20 (1) after a diligent and thorough effort has been made,
21 the health care facility is unable to employ or contract with
22 a sufficient number of qualified surgical technologists who
23 meet the requirements of section 501; and
24 (2) the health care facility makes a written record of
25 its efforts under paragraph (1) and retains the record at the
26 health care facility.
27 Section 504. Scope of practice.
28 Nothing in this chapter may be construed to prohibit any of
29 the following individuals from performing the tasks or functions
30 of a surgical technologist:
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1 (1) A health care practitioner.
2 (2) A dental assistant or an individual who is licensed
3 or registered under the act of May 1, 1933 (P.L.216, No.76),
4 known as The Dental Law.
5 (3) A student or intern performing the functions of a
6 surgical technologist under the direct supervision of a
7 health care practitioner as part of the student's or intern's
8 training or internship.
9 Section 505. Applicability.
10 Nothing in this chapter shall prohibit any licensed
11 practitioner from performing surgical technology tasks or
12 functions if the practitioner is acting within the scope of the
13 practitioner's license.
14 Section 506. Departmental duties.
15 The Department of Health shall enforce the provisions of this
16 chapter.
17 CHAPTER 21
18 MISCELLANEOUS PROVISIONS
19 Section 2101. Effective date.
20 This act shall take effect in 60 days.
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