74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1143
A-Engrossed
Senate Bill 353
Ordered by the Senate May 4
Including Senate Amendments dated May 4
Sponsored by Senator MORRISETTE (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Prohibits certain health care facilities from employing { + or
contracting with + } surgical technologist unless surgical
technologist meets certain requirements.
Prohibits health care facility from allowing surgical
technologist to serve as circulating nurse.
Imposes civil penalty for certain violations by health care
facility.
{ + Directs Department of Human Services to impose and
collect fees for purposes of Act. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to surgical technologists; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in sections 1 to 8 of this 2007 Act:
(1) 'Health care facility' means:
(a) A hospital, as defined in ORS 442.015; or
(b) An ambulatory surgical center, as defined in ORS 442.015.
(2) 'Surgical technologist' means a person who practices
surgical technology.
(3) 'Surgical technology' means the practice of surgical
patient care involving:
(a) Preparation of the operating room and the sterile field for
surgical procedures by preparing sterile supplies, instruments
and equipment using sterile techniques;
(b) Preparation of the operating room for surgical procedures
by ensuring that surgical equipment is functioning properly and
safely; and
(c) Performance of tasks as directed in an operating room,
including passing instruments, equipment or supplies, sponging or
suctioning an operative site, preparing and cutting suture
material, transferring fluids or drugs, holding retractors, and
assisting in counting sponges, needles, supplies and
instruments. + }
SECTION 2. { + Except as provided in section 3 of this 2007
Act, a health care facility may not employ or contract with a
person as a surgical technologist unless the person:
(1)(a) Has successfully completed an educational program for
surgical technologists administered by a national organization
approved by the Department of Human Services; and
(b) Holds and maintains a certified surgical technologist
credential issued by a national organization approved by the
department; or
(2) Has completed an appropriate training program for surgical
technologists in the Army, Navy, Air Force, Marine Corps or Coast
Guard of the United States or in the United States Public Health
Service Commissioned Corps. + }
SECTION 3. { + (1) A health care facility may employ or
contract with a person as a surgical technologist who does not
meet the requirements of section 2 of this 2007 Act if:
(a) After making a diligent and thorough effort, the health
care facility is unable to employ or contract with a sufficient
number of surgical technologists who meet the requirements of
section 2 of this 2007 Act; and
(b) The health care facility petitions the Department of Human
Services for a waiver from the requirements of section 2 of this
2007 Act based on the inability to employ or contract with a
sufficient number of surgical technologists who meet the
requirements of section 2 of this 2007 Act.
(2) The health care facility shall demonstrate to the
department that the facility has made a diligent and thorough
effort to employ or contract with surgical technologists who meet
the requirements of section 2 of this 2007 Act.
(3) The department may not grant a waiver under this section if
the department finds that the health care facility has not made a
diligent and thorough effort to employ or contract with surgical
technologists who meet the requirements of section 2 of this 2007
Act.
(4) A waiver under this section may not exempt a health care
facility from the requirements of section 2 of this 2007 Act for
a period exceeding six months.
(5) The department may grant additional waivers under this
section, but exemptions totaling more than 12 consecutive months
must be accompanied by a finding by the department that no viable
alternative to a waiver is available. + }
SECTION 4. { + (1) A person employed by or under contract with
a health care facility as a surgical technologist must complete
15 hours annually of continuing education approved by a national
organization approved by the Department of Human Services to
remain qualified for employment as a surgical technologist or to
continue under contract as a surgical technologist.
(2) Continued certification as a surgical technologist as
described in section 2 (1) of this 2007 Act constitutes
sufficient evidence of completion of the continuing education
requirement under subsection (1) of this section.
(3) A health care facility that employs or contracts with a
person as a surgical technologist shall verify that the person
has met the continuing education requirement under subsection (1)
of this section each year on the anniversary of the person's
employment or entry into the contract.
(4) A health care facility shall adopt policies to ensure that
the facility and persons employed by or under contract with the
facility as surgical technologists comply with this section. A
health care facility may allow a grace period of up to six months
for a person to comply with the requirements of subsection (1) of
this section. + }
SECTION 5. { + (1) A health care facility shall supervise each
surgical technologist employed by or under contract with the
facility according to the facility's policies and procedures.
(2) A surgical technologist may perform only those tasks in the
operating room that are within the surgical technologist's scope
of practice. + }
SECTION 6. { + (1) A health care facility may not permit a
surgical technologist to serve as a circulating nurse.
(2) A surgical technologist may assist in the performance of
the duties of a circulating nurse consistent with the surgical
technologist's education, training and experience and as assigned
and supervised by the circulating nurse, provided that the
circulating nurse is present in the operating room.
(3) As used in this section, 'circulating nurse' has the
meaning given that term in ORS 678.362. + }
SECTION 7. { + Sections 1 to 8 of this 2007 Act do not
prohibit a licensed practitioner, as defined in ORS 688.405, from
practicing surgical technology consistent with the licensed
practitioner's license and scope of practice. + }
SECTION 8. { + (1) The Department of Human Services may impose
a civil penalty not to exceed $5,000 for each violation by a
health care facility of any provision of section 2, 4, 5 or 6 of
this 2007 Act.
(2) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745. + }
SECTION 9. { + Sections 1 to 8 of this 2007 Act do not apply
to a person who is employed as or under contract as a surgical
technologist, as defined in section 1 of this 2007 Act, by the
federal government and who is performing duties as a surgical
technologist. + }
SECTION 10. { + (1) A health care facility may employ or
contract with a person as a surgical technologist who does not
meet the requirements of section 2 of this 2007 Act if the health
care facility provides sufficient evidence to the Department of
Human Services that the person, during two of the five years
immediately preceding the effective date of this 2007 Act, was
employed as or under contract as a surgical technologist in a
health care facility.
(2) A health care facility may not hire a person described in
subsection (1) of this section as a surgical technologist on or
after January 1, 2008. + }
SECTION 11. { + (1) The Department of Human Services shall
impose and collect fees to be used to meet the costs of carrying
out the duties of the department under sections 2, 3, 4, 8 and 10
of this 2007 Act.
(2) The fees may not exceed the costs of carrying out the
department's duties imposed by sections 2, 3, 4, 8 and 10 of this
2007 Act. + }
SECTION 12. { + (1) Sections 1, 2, 3, 5, 6, 7, 8, 9 and 11 of
this 2007 Act become operative on January 1, 2008.
(2) Section 4 of this 2007 Act becomes operative on January 1,
2009. + }
SECTION 13. { + This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2007 Act takes effect on
its passage. + }
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