NY Pub Health L § 2824-2 (2021)
2021 New York Laws PBH - Public Health Article 28 - Hospitals 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