September 10, 2008, Introduced by Reps. Stakoe, Moore, Hune, Gaffney, Nofs, Farrah, Green, Shaffer, Wojno, Donigan, Espinoza, Rick Jones, Spade, Meisner and Nitz and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 20174.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20174. (1) As used in this section and section 20174a:
(a) "Surgical technologist" means an individual who engages in
the practice of surgical technology.
(b) "Surgical technology" means intraoperative surgical
patient care that involves any of the following:
(i) Preparing the operating room for surgical procedures by
ensuring that surgical equipment is functioning properly and
safely.
(ii) Preparing the operating room and the sterile field for
surgical procedures by preparing sterile supplies, instruments, and
equipment using sterile techniques.
(iii) Performing tasks within the sterile field including any of
the following:
(A) Passing supplies, equipment, or instruments.
(B) Sponging or suctioning an operative site.
(C) Preparing and cutting suture materials.
(D) Transferring fluids or drugs.
(E) Holding retractors.
(F) Assisting in counting sponges, needles, supplies, or
instruments.
(2) Except as otherwise provided in this section and subject
to section 20174a, a hospital, freestanding surgical outpatient
facility, or any other similar entity that utilizes surgical
technologists shall not employ, independently contract with, or
grant clinical privileges to an individual as a surgical
technologist unless that individual satisfies 1 of the following:
(a) Has successfully completed an accredited education program
for surgical technologist and holds and maintains the national
certification established by the national board of surgical
technology and surgical assisting for the surgical technologist.
(b) Has completed an appropriate training program for surgical
technology in the United States army, air force, marine corps, or
coast guard or in the United States public health service.
(3) Subsection (2)(a) does not apply to an individual who is
employed by or under contract with the federal government or who,
on the effective date of this section, is employed by or under
contract with a hospital, freestanding surgical outpatient
facility, or other entity and has been employed by or under
contract with that entity for not less than 18 months over the
course of the 3 years immediately preceding the effective date of
this section.
(4) A hospital, freestanding surgical outpatient facility, or
other similar entity that utilizes surgical technologists may
petition the director of the department for a waiver from the
requirements of subsection (2) if that entity is unable to employ a
sufficient number of surgical technologists who meet the
requirements of subsection (2). The director shall grant the waiver
if the hospital, freestanding surgical outpatient facility, or
other entity can demonstrate that it made a diligent and thorough
effort to employ surgical technologists who meet the requirements
of subsection (2). A waiver granted under this subsection is valid
for not more than 6 months. The department may renew the waiver,
but the waiver shall not exceed 12 months.
Enacting section 1. This amendatory act takes effect January
1, 2009.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6418(request no.
06852'08) of the 94th Legislature is enacted into law.