2013 New York Consolidated Laws
PBH - Public Health
Article 28 - (2800 - 2824*2) HOSPITALS
2824*2 - Surgical technology and surgical technologists.

 
    * §   2824.   Surgical   technology  and  surgical  technologists.  1.
  Definitions. As used in this section, the following terms shall have the
  following meanings:
    (a) "Healthcare facility" means  a  general  hospital  as  defined  by
  subdivision ten of section twenty-eight hundred one of this article or a
  hospital  as  defined by subdivision one of section twenty-eight hundred
  one of this article operating  as  a  diagnostic  and  treatment  center
  authorized to provide ambulatory surgical services.
    (b)  "Surgical  technologist"  means  a  person  who performs surgical
  technology other than in  the  course  of  practicing  as  a  healthcare
  professional.
    (c)  "Surgical  technology"  means the following surgery related tasks
  and functions:
    (i) assisting healthcare professionals to prepare the  operating  room
  and   sterile   field   for  surgical  procedures,  including  assisting
  healthcare professionals to set up  sterile  supplies,  instruments  and
  equipment  using  sterile technique and ensuring that surgical equipment
  function properly and safely;
    (ii) assisting healthcare professionals to move and position  patients
  for surgery;
    (iii)  assisting  healthcare  professionals  to  perform  non-invasive
  prepping of the skin's surface and draping patients for surgery;
    (iv) assisting the surgeon's provision of hemostasis during surgery by
  handing instruments;
    (v) holding a retractor after placement by a healthcare professional;
    (vi) anticipating instrument needs of a surgeon; and
    (vii) other tasks incidental to surgery that do not  fall  within  the
  scope  of practice of a licensed profession, as directed by the surgeon.
  Services that fall within the practice of licensed professions  include,
  but are not limited to:
    (A)  retracting tissue to expose the operating field during a surgical
  procedure;
    (B) administering any medication by any  route,  including  local  and
  topical medications;
    (C)  placing  hemostatic instruments or devices or applying cautery or
  tying off bleeders;
    (D) applying sutures or assisting with or performing wound closure;
    (E) assisting the surgeon in identifying structures that should not be
  ligated; and
    (F) applying wound dressings.
    (d) "Healthcare professional" means a person licensed or certified  to
  practice a healthcare profession under title eight of the education law,
  acting within the scope of his or her practice.
    2.  A  surgical  technologist  shall  not  perform surgical technology
  except under the direction and supervision of an appropriately  licensed
  healthcare  professional  participating in the surgery and acting within
  the scope of his or her practice to direct and  supervise  the  surgical
  technologist.
    3.  Minimum  standards  for certification of surgical technologists. A
  person may not function as  a  surgical  technologist  in  a  healthcare
  facility,  and  a  healthcare  facility  shall  not  employ or otherwise
  contract for the services of a surgical technologist, unless the  person
  meets one of the following:
    (a)  has  successfully  completed  a nationally accredited educational
  program for surgical technologists and holds and maintains  a  certified
  surgical technologist credential administered by a nationally accredited
  surgical technologist credentialing organization;

    (b)  has  completed  an  appropriate  training  program  for  surgical
  technology in the United States Army, Navy,  Air  Force,  Marine  Corps,
  Coast Guard or Public Health Service Commissioned Corps;
    (c)  provides  evidence  that  the  person  was employed as a surgical
  technologist in a healthcare facility for a  cumulative  period  of  one
  year, occurring within the four years immediately prior to the effective
  date  of this section. In furtherance of this paragraph, any employer of
  persons performing surgical technology on the  effective  date  of  this
  section  shall confirm in writing to each employee his or her employment
  in a capacity performing surgical technology in a healthcare facility as
  of the effective date of this section; or
    (d) is in the service of the federal government,  to  the  extent  the
  person is performing duties related to that service.
    4.  A  person  may  be  employed  or  contracted  to practice surgical
  technology  during  the  twelve  month  period   immediately   following
  successful  completion  of a surgical technology program under paragraph
  (a) of subdivision three of this section, but may  not  continue  to  be
  employed  or  contracted  with  beyond that period without documentation
  that the employee or contractor holds and maintains a certified surgical
  technologist credential required in paragraph (a) of  subdivision  three
  of this section.
    5.  A person who qualifies to function as a surgical technologist in a
  healthcare facility must annually complete fifteen hours  of  continuing
  education  to remain qualified to practice as a surgical technologist. A
  healthcare facility that employs or contracts with a person to  practice
  surgical  technology  shall  verify that the person meets the continuing
  education requirements of this subdivision.
    6. (a) A surgical technologist shall document in  writing  good  cause
  that  prevents  compliance  with the continuing education requirement as
  prescribed in subdivision five of this section, which shall include  any
  of the following reasons: a medical condition which requires an extended
  leave  of  absence  and  is  documented  by  an  appropriate  healthcare
  professional, or extended active duty  with  the  armed  forces  of  the
  United  States.  If  one  of  these  conditions  is met, an extension to
  meeting  the  continuing  education  requirement,   as   prescribed   in
  subdivision five of this section may be granted by:
    (i) the accrediting agency of a surgical technologist qualifying under
  paragraph (a) of subdivision three of this section; or
    (ii) a healthcare facility for a surgical technologist under paragraph
  (c) of subdivision three of this section.
    (b) If an extension is granted, a surgical technologist shall complete
  all  past  due continuing education requirements within ninety days upon
  resolution of the medical condition or termination  of  extended  active
  duty with the armed forces of the United States.
    7.  A  healthcare  facility  may  employ  or otherwise contract with a
  person who does not meet the requirements of subdivision three  of  this
  section  to function as a surgical technologist in a healthcare facility
  if:
    (a) after a diligent and thorough effort has been made, the healthcare
  facility is unable to employ or contract with  a  sufficient  number  of
  qualified  surgical  technologists  who  meet  the  requirements of this
  section;
    (b) the healthcare facility makes a  written  record  of  its  efforts
  under  paragraph  (a)  of this subdivision and retains the record at the
  healthcare facility; and
    (c) the person meets the requirements of  subdivision  three  of  this
  section  within  two years of the start of employment or contracting for
  the performance of surgical technology.

    8. Nothing in this section shall prohibit any healthcare  professional
  from  performing surgical technology tasks or functions if the person is
  acting within the scope of his or her practice. Nothing in this  section
  shall  mean  that any individual not licensed pursuant to title eight of
  the education law may perform tasks or functions limited to the scope of
  practice of a healthcare professional under such title.
    9.  A  healthcare  facility  that employs or contracts with a surgical
  technologist shall, upon request of another healthcare facility, or upon
  request of a surgical technologist employed by, formerly employed by  or
  contracted  with  to perform surgical technology tasks at the healthcare
  facility, verify the dates of employment or contract of such person.
    10. The commissioner shall promulgate regulations as  he  or  she  may
  deem appropriate to effectuate the purposes of this section.
    * NB Effective January 1, 2015
    * NB There are 2 § 2824's