75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1466
Senate Bill 379
Sponsored by Senators MORRISETTE, BATES, Representatives CANNON,
GELSER; Senator PROZANSKI, Representatives BOONE, BUCKLEY
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 as
introduced.
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 administering regulation of surgical technologists.
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 7 of this 2009 Act:
(1) 'Health care facility' means a hospital or an ambulatory
surgical center, as those terms are defined in ORS 442.015.
(2) 'Surgical technologist' means a person who:
(a) Prepares an operating room or sterile field for surgical
procedures by preparing sterile supplies, instruments and
equipment using sterile techniques;
(b) Prepares an operating room for surgical procedures by
ensuring that surgical equipment is functioning properly and
safely; and
(c) Performs 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 2009
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 2009 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 2009 Act; and
(b) The health care facility petitions the Department of Human
Services for a waiver from the requirements of section 2 of this
2009 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 2009 Act.
(2) The department may grant a waiver under this section only
if the department finds that the health care facility has
demonstrated that it has made a diligent and thorough effort to
employ or contract with surgical technologists who meet the
requirements of section 2 of this 2009 Act.
(3) A waiver granted under this section may not exceed six
months.
(4) The department may not grant additional waivers to a health
care facility if, when the additional waiver period is added to
previous waiver periods, the total waiver period exceeds 12
consecutive months. However, the department may grant additional
waivers under this subsection to a health care facility if the
department finds that no viable alternative to a waiver is
available. + }
SECTION 4. { + (1)(a) To remain qualified for employment as a
surgical technologist or to continue under contract as a surgical
technologist, 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.
(b) A person who maintains continued certification as a
surgical technologist as described in section 2 (1) of this 2009
Act has satisfied the continuing education requirement of this
subsection.
(2) 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 this section
each year on the anniversary of the person's employment or entry
into the contract.
(3) 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 continuing education requirements
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. { + (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 2009 Act.
(2) Civil penalties under this section shall be imposed in the
manner provided by ORS 183.745. + }
SECTION 8. { + (1) Sections 1 to 7 of this 2009 Act do not
apply to:
(a) A licensed practitioner, as defined in ORS 688.405, who is
performing the duties of a surgical technologist consistent with
the licensed practitioner's license and scope of practice; or
(b) A person who is employed by or under contract with the
federal government and who is performing duties as a surgical
technologist.
(2) As used in this section, 'surgical technologist' has the
meaning given that term in section 1 of this 2009 Act. + }
SECTION 9. { + (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 2009 Act if the health
care facility provides sufficient evidence to the Department of
Human Services that the person, during two of the three years
immediately preceding the effective date of this 2009 Act, was
employed as or under contract as a surgical technologist in a
health care facility.
(2) A health care facility may not hire or contract with a
person described in subsection (1) of this section as a surgical
technologist on or after January 1, 2010.
(3) As used in this section:
(a) 'Health care facility' has the meaning given that term in
section 1 of this 2009 Act.
(b) 'Surgical technologist' has the meaning given that term in
section 1 of this 2009 Act. + }
SECTION 10. { + (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, 7 and 9
of this 2009 Act.
(2) The fees may not exceed the costs of carrying out the
department's duties imposed by sections 2, 3, 4, 7 and 9 of this
2009 Act. + }
SECTION 11. { + (1) Sections 1, 2, 3, 5, 6, 7, 8 and 10 of
this 2009 Act become operative on January 1, 2010.
(2) Section 4 of this 2009 Act becomes operative on January 1,
2011. + }
SECTION 12. { + The Department of Human Services may take any
action before the operative dates in section 11 of this 2009 Act
that is necessary to enable the department to exercise on or
after the operative dates in section 11 of this 2009 Act, all of
the duties, functions and powers conferred on the department by
this 2009 Act. + }
SECTION 13. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
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