2023 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