§ 2824*2 — Surgical technology and surgical technologists

* § 2824. Surgical technology and surgical technologists. 1.\nDefinitions. As used in this section, the following terms shall have the\nfollowing meanings:\n (a) "Healthcare facility" means a general hospital as defined by\nsubdivision ten of section twenty-eight hundred one of this article or a\nhospital as defined by subdivision one of section twenty-eight hundred\none of this article operating as a diagnostic and treatment center\nauthorized to provide ambulatory surgical services.\n (b) "Surgical technologist" means a person who performs surgical\ntechnology other than in the course of practicing as a healthcare\nprofessional.\n (c) "Surgical technology" means the following surgery related tasks\nand functions:\n (i) assisting healthcare professionals to prepare the operating room\nand sterile field for surgical procedures, including assisting\nhealthcare professionals to set up sterile supplies, instruments and\nequipment using sterile technique and ensuring that surgical equipment\nfunction properly and safely;\n (ii) assisting healthcare professionals to move and position patients\nfor surgery;\n (iii) assisting healthcare professionals to perform non-invasive\nprepping of the skin's surface and draping patients for surgery;\n (iv) assisting the surgeon's provision of hemostasis during surgery by\nhanding instruments;\n (v) holding a retractor after placement by a healthcare professional;\n (vi) anticipating instrument needs of a surgeon; and\n (vii) other tasks incidental to surgery that do not fall within the\nscope of practice of a licensed profession, as directed by the surgeon.\nServices that fall within the practice of licensed professions include,\nbut are not limited to:\n (A) retracting tissue to expose the operating field during a surgical\nprocedure;\n (B) administering any medication by any route, including local and\ntopical medications;\n (C) placing hemostatic instruments or devices or applying cautery or\ntying off bleeders;\n (D) applying sutures or assisting with or performing wound closure;\n (E) assisting the surgeon in identifying structures that should not be\nligated; and\n (F) applying wound dressings.\n (d) "Healthcare professional" means a person licensed or certified to\npractice a healthcare profession under title eight of the education law,\nacting within the scope of his or her practice.\n 2. A surgical technologist shall not perform surgical technology\nexcept under the direction and supervision of an appropriately licensed\nhealthcare professional participating in the surgery and acting within\nthe scope of his or her practice to direct and supervise the surgical\ntechnologist.\n 3. Minimum standards for certification of surgical technologists. A\nperson may not function as a surgical technologist in a healthcare\nfacility, and a healthcare facility shall not employ or otherwise\ncontract for the services of a surgical technologist, unless the person\nmeets one of the following:\n (a) has successfully completed a nationally accredited educational\nprogram for surgical technologists and holds and maintains a certified\nsurgical technologist credential administered by a nationally accredited\nsurgical technologist credentialing organization;\n (b) has completed an appropriate training program for surgical\ntechnology in the United States Army, Navy, Air Force, Marine Corps,\nCoast Guard or Public Health Service Commissioned Corps;\n (c) provides evidence that the person was employed as a surgical\ntechnologist in a healthcare facility for a cumulative period of one\nyear, occurring within the four years immediately prior to the effective\ndate of this section. In furtherance of this paragraph, any employer of\npersons performing surgical technology on the effective date of this\nsection shall confirm in writing to each employee his or her employment\nin a capacity performing surgical technology in a healthcare facility as\nof the effective date of this section; or\n (d) is in the service of the federal government, to the extent the\nperson is performing duties related to that service.\n 4. A person may be employed or contracted to practice surgical\ntechnology during the twelve month period immediately following\nsuccessful completion of a surgical technology program under paragraph\n(a) of subdivision three of this section, but may not continue to be\nemployed or contracted with beyond that period without documentation\nthat the employee or contractor holds and maintains a certified surgical\ntechnologist credential required in paragraph (a) of subdivision three\nof this section.\n 5. A person who qualifies to function as a surgical technologist in a\nhealthcare facility must annually complete fifteen hours of continuing\neducation to remain qualified to practice as a surgical technologist. A\nhealthcare facility that employs or contracts with a person to practice\nsurgical technology shall verify that the person meets the continuing\neducation requirements of this subdivision.\n 6. (a) A surgical technologist shall document in writing good cause\nthat prevents compliance with the continuing education requirement as\nprescribed in subdivision five of this section, which shall include any\nof the following reasons: a medical condition which requires an extended\nleave of absence and is documented by an appropriate healthcare\nprofessional, or extended active duty with the armed forces of the\nUnited States. If one of these conditions is met, an extension to\nmeeting the continuing education requirement, as prescribed in\nsubdivision five of this section may be granted by:\n (i) the accrediting agency of a surgical technologist qualifying under\nparagraph (a) of subdivision three of this section; or\n (ii) a healthcare facility for a surgical technologist under paragraph\n(c) of subdivision three of this section.\n (b) If an extension is granted, a surgical technologist shall complete\nall past due continuing education requirements within ninety days upon\nresolution of the medical condition or termination of extended active\nduty with the armed forces of the United States.\n 7. A healthcare facility may employ or otherwise contract with a\nperson who does not meet the requirements of subdivision three of this\nsection to function as a surgical technologist in a healthcare facility\nif:\n (a) after a diligent and thorough effort has been made, the healthcare\nfacility is unable to employ or contract with a sufficient number of\nqualified surgical technologists who meet the requirements of this\nsection;\n (b) the healthcare facility makes a written record of its efforts\nunder paragraph (a) of this subdivision and retains the record at the\nhealthcare facility; and\n (c) the person meets the requirements of subdivision three of this\nsection within two years of the start of employment or contracting for\nthe performance of surgical technology.\n 8. Nothing in this section shall prohibit any healthcare professional\nfrom performing surgical technology tasks or functions if the person is\nacting within the scope of his or her practice. Nothing in this section\nshall mean that any individual not licensed pursuant to title eight of\nthe education law may perform tasks or functions limited to the scope of\npractice of a healthcare professional under such title.\n 9. A healthcare facility that employs or contracts with a surgical\ntechnologist shall, upon request of another healthcare facility, or upon\nrequest of a surgical technologist employed by, formerly employed by or\ncontracted with to perform surgical technology tasks at the healthcare\nfacility, verify the dates of employment or contract of such person.\n 10. The commissioner shall promulgate regulations as he or she may\ndeem appropriate to effectuate the purposes of this section.\n * NB There are 2 § 2824's\n