WSR 00-11-167

PROPOSED RULES

DEPARTMENT OF HEALTH


(Surgical Technologist Program)

[ Filed May 24, 2000, 9:31 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-20-057.

Title of Rule: WAC 246-939-010 Definitions, 246-939-020 Surgical technologists -- Typical tasks performed, and 246-939-030 Activities prohibited.

Purpose: Define some terms to assist readers in understanding the rules; give examples of typical tasks; including activities that are prohibited so that surgical technologists can be informed.

Statutory Authority for Adoption: Chapter 18.215 RCW and RCW 18.130.050.

Statute Being Implemented: Chapter 18.215 RCW and RCW 18.130.050.

Summary: These three rules will define who can delegate to a surgical technologist, who needs to be registered as a surgical technologist and tasks that cannot be performed.

Reasons Supporting Proposal: These three rules are necessary to implement the newly regulated surgical technologist program. These rules will provide guidance to applicants, registrants, employers and the Department of Health.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kendra Pitzler, Program Manager, P.O. Box 47864, Olympia, WA 98504, (360) 236-4723.

Name of Proponent: Department of Health, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 246-939-010 will define some terms used in the rules to ensure understanding of the rule language.

WAC 246-939-030 will answer some common questions about who needs to register as a surgical technologist and the kinds of tasks commonly performed by a surgical technologist.

WAC 246-939-050 defines tasks that cannot be performed by a surgical technologist.

These rules will place the applicant, the registrant and operating room personnel on notice as to who should register, the common tasks performed by a surgical technologist and the tasks that cannot be performed. By being on notice the department hopes to avoid confusion about who needs to register, which tasks to delegate and avoid additional unlicensed practice complaints for individuals who may not have understood that they need to register.

Proposal Changes the Following Existing Rules: [No information supplied by agency.]

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement
The proposed regulations will establish requirements for registration of surgical technologists. Under the Regulatory Fairness Act (chapter 19.85 RCW), a small business economic impact statement (SBEIS) is required whenever a regulation imposes "more than minor" costs on a regulated business. The "more than minor" threshold varies by industry. The standard industrial code classifications used to determine the threshold for more than minor impact were:


STANDARD

INDUSTRIAL CODE

ECONOMIC ACTIVITY

MINOR COST

THRESHOLD

805 Nursing and Personal Care Facilities $50.00
806 Hospitals $50.00
809 Miscellaneous Health $53.00

Costs Required to Comply: No additional costs to a registered surgical technologist to comply with these practice standards, definitions and list of tasks. These guidelines can be incorporated into their every day routine and practice with no additional purchases, training or course work.

Does the Cost of the Proposed Rule Exceed the Threshold Where an SBEIS is Required? The cost to implement the proposed standards is below the minor cost threshold from the table above so an SBEIS is not required.

A copy of the statement may be obtained by writing to Kendra Pitzler, Program Manager, Department of Health, Surgical Technologist Program, P.O. Box 47864, Olympia, WA 98504, phone (360) 236-4723, fax (360) 236-4738.

RCW 34.05.328 applies to this rule adoption. These rules may result in a penalty or sanction.

Hearing Location: Department of Health, Conference Center, 1101 Eastside Street, Olympia, WA 98504, on July 18, 2000, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact (360) 664-4207 or (360) 236-4723, by July 10, 2000, TDD (360) 664-0064, or fax (360) 236-4738.

Submit Written Comments to: Kendra Pitzler, fax (360) 236-4738, by July 14, 2000.

Date of Intended Adoption: July 18, 2000.

May 23, 2000

M. C. Selecky

Secretary

OTS-4040.2


NEW SECTION
WAC 246-939-010
Who can delegate to a surgical technologist?

Health care practitioners who may delegate are referenced in RCW 18.215.010 and include:

(1) Physicians licensed under chapter 18.71 RCW.

(2) Registered nurses and advanced registered nurse practitioners licensed under chapter 18.79 RCW.

(3) Osteopathic physicians licensed under chapter 18.57 RCW.

(4) Osteopathic physician assistants licensed under chapter 18.57A RCW.

(5) Podiatric physicians licensed under chapter 18.22 RCW.

(6) Dentists licensed under chapter 18.32 RCW.

(7) Physician's assistants and physician's assistant surgical assistants licensed under chapter 18.71A RCW.

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NEW SECTION
WAC 246-939-030
Who needs to be registered as a surgical technologist?

(1) Anyone representing themselves as a surgical technologist by title or by description as a person who performs tasks in the surgical setting under the delegation of authority of a licensed health care practitioner.

(2) For the purposes of this chapter "surgical setting" means any place surgery takes place.

(3) Surgical technologists perform tasks that typically consist of the following:

(a) Prepare basic sterile packs and trays.

(b) Assist with the physical preparation of the operating room, creating the sterile field, and maintaining sterile technique during operative procedure.

(c) Identify and select appropriate packs, trays and accessory/specialty equipment for each surgery.

(d) Prepare supplies and instruments for sterile field.

(e) Count instruments, sponges, needles and other surgical items.

(f) Pass correct instruments, supplies and sutures as needed by the surgeon.

(g) Sponge or suction the operative site, retract tissue for exposure at the operative site and assist with irrigation under immediate supervision of the licensed health care practitioner.

(h) Cut sutures placed by the authorized health care practitioner.

(i) Prepare specimens for submission for pathological analysis.

(j) Fire automatic staple gun placed by the licensed health care practitioner.

(k) Transfer medications to the sterile field.

(4) Registered nurses, practical nurses and other credentialed providers acting within their scope do not need to register.

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NEW SECTION
WAC 246-939-050
Are there tasks a surgical technologist is not allowed to do?

Tasks that shall not be performed by a surgical technologist include:

(1) Activities that constitute the practice of medicine under the Medical Practice Act in RCW 18.71.011 including: Prescribing; administering; penetrating or severing tissue including, but not limited to, suturing and cutting/incisions, regardless of instrumentality.

(2) Dispensing medications, as defined in RCW 18.64.011 and 69.41.010.

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