PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act Relating to Surgical Technologists and the Practice of Surgical Technology
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1813-A  is enacted to read:
§ 1813-A. Surgical technologists
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Critical access hospital" has the same meaning as in section 7932, subsection 10.
 
B.  "Health care facility" means a hospital or ambulatory surgical center licensed under chapter 405 and physicians' offices in which surgical procedures are performed.
 
C.  "Surgical technologist" means a person who is employed or contracted by a health care facility to perform surgical technology tasks and functions.
 
D.  "Surgical technology" means the practice of surgical patient care that includes, but is not limited to, performing the following perioperative tasks and functions, as directed:
 
(1) Preparing the operating room and the sterile operating field for surgical procedures by ensuring that surgical equipment is functioning properly and safely and using sterile techniques to prepare supplies, instruments and equipment;
 
(2) Assisting a surgeon with placing sterile drapes on the patient to establish the sterile operating field;
 
(3) Participating in the process of verifying correct patient, procedure and surgical site;
 
(4) Anticipating the needs of the surgeon, based on knowledge of human anatomy and pathophysiology, by preparing and passing instruments and supplies during the surgical procedure;
 
(5) Sponging and suctioning the surgical site;
 
(6) Preparing and cutting suture material;
 
(7) Preparing and utilizing irrigation solutions during the surgical procedure;
 
(8) Preparing and passing medications and hemostatic agents during the surgical procedure, but not administering drugs;
 
(9) Preparing and passing off specimens;
 
(10) Holding retractors or other instruments;
 
(11) Applying electrocautery to clamps or forceps on bleeding vessels;
 
(12) Operating the camera during endoscopic procedures;
 
(13) Placing instruments in robotic arms during the surgical procedure;
 
(14) Connecting drains to suction apparatus;
 
(15) Performing urinary catheterization;
 
(16) Preparing and applying sterile dressings to closed wounds;
 
(17) Assisting with counts of instruments and sponges;
 
(18) Assisting with transferring the patient to and positioning the patient on the operating table; and
 
(19) Maintaining the highest standard of sterile technique, including identifying and correcting breaks in the sterile operating field.
 
2.  Employment.     A health care facility may not employ or otherwise contract for the services of a surgical technologist unless the surgical technologist:
 
A.  Has successfully completed a nationally accredited surgical technology education program and has and maintains a certified surgical technologist credential administrated by a nationally accredited surgical technologist credentialing organization; or
 
B.  Provides evidence of being employed to practice surgical technology as a primary function in a health care facility in this State or any other state on the effective date of this section or at any time during the 2 years immediately prior to the effective date of this section.
 
A health care facility may employ or contract with an individual to practice surgical technology during the 6-month period immediately following the individual's successful completion of a surgical technology program described in subsection 2, paragraph A. The health care facility shall terminate the employment or contract at the end of the 6-month period unless the individual satisfies the certification requirement of subsection 2, paragraph A.
 
3.  Continuing education.     A surgical technologist employed or contracted with by a health care facility who is certified according to subsection 2, paragraph A shall comply with the continuing education requirements set forth by the credentialing organization as necessary to keep the certification current and shall provide proof of compliance with those continuing education requirements to the health care facility upon the health care facility's request.
 
A surgical technologist employed or contracted with by a health care facility who is not certified according to subsection 2, paragraph A must complete 30 hours of relevant continuing education every 2 years in order to remain eligible to practice surgical technology and is responsible for proving, to the satisfaction of the health care facility, compliance with this requirement.
 
4.  Exemption.     A federal health care facility that provides surgical services and an individual practicing surgical technology in such a federal health care facility are exempt from the requirements of this section.
 
5.  Critical access hospital.     A critical access hospital shall make every effort to employ surgical technologists who are certified in accordance with subsection 2, paragraph A, but may employ a surgical technologist who does not qualify under subsection 2, paragraph A if the critical access hospital:
 
A.  Conducts exhaustive and verifiable recruitment efforts;
 
B.  Maintains records documenting its recruitment efforts; and
 
C.  Confirms that any noncertified surgical technologist employee complies with the continuing education requirements of subsection 3.
 
6.  Restriction.     A health care facility may restrict an employee's eligibility to practice surgical technology, as considered appropriate by the health care facility, in the event an employee fails to comply with this section.
 
7.  Other practitioners.     This section does not prohibit a licensed practitioner from performing surgical technology tasks or functions within the scope of that practitioner's license.
 
8.  Enforcement.     The department shall address health care facility noncompliance with this section.
 
SUMMARY
Surgical technologists are individuals with specialized education who function as members of a surgical team by providing support during every phase of a surgical case. This bill requires health care facilities to employ or contract with only certified surgical technologists for this function. A surgical technologist who is not certified, but who is practicing surgical technology on the effective date of this legislation, may continue in that employment after the effective date. After the effective date, a health care facility may hire a noncertified surgical technologist who is a recent graduate, but the individual is required to obtain certification within 6 months of graduation in order to remain employed. Further, a critical access hospital may employ a noncertified surgical technologist if that facility is unable to recruit certified personnel and maintains a record detailing its recruitment efforts. All employed surgical technologists, regardless of certification status, must meet stated continuing education requirements. Nothing in the bill prohibits a licensed practitioner from performing surgical technology duties that fall within the scope of that person's license.