BP BHEAD INT S [atlas:bill]

AN ACT Relating to the registration of surgical technologists; adding a new chapter to Title 18 RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. Surgical technology, as an allied health profession, serves surgeons in surgical settings, and provides certain skills and aseptic techniques associated with second assisting/scrub. These services place patients at an inherent risk of harm without an assurance of competence and professional standards. Currently, the general public cannot evaluate the qualifications of surgical technologists and must depend on the varying evaluative standards set by employers. The registration of surgical technologists is necessary for the protection of the public health and safety by establishing recognized professional standards with uniform application in all surgical settings in the state.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Department" means the department of health.

(2) "Secretary" means the secretary of health or the secretary's designee.

(3) "Surgical technologist" means a person registered under this chapter to practice surgical technology under the supervision and delegation of a physician, osteopathic physician, podiatric physician, nurse, or physician assistant licensed under the laws of this state.

(4) "Surgical technology" means activities and behaviors commonly associated with second assisting/scrub as determined by the secretary by rule, in consultation with the medical quality assurance commission and the nursing care quality assurance commission.

NEW SECTION. Sec. 3. No person may practice or represent oneself as a surgical technologist by use of any title or description of services without being registered to practice by the department under the provisions of this chapter, unless otherwise exempted.

NEW SECTION. Sec. 4. Nothing in this chapter shall be construed to prohibit or restrict:

(1) The practice of surgical technology by an individual licensed, certified, or registered under the laws of this state performing services within the scope of his or her authorized scope of practice;

(2) The practice of surgical technology by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;

(3) The practice of surgical technology by a person who is a regular student in an educational program approved by the secretary, and whose performance of services is pursuant to a regular course of instruction or assignments from an instructor and under the general supervision of the instructor.

NEW SECTION. Sec. 5. In addition to any other authority provided by law, the secretary has the authority to:

(1) Adopt rules under chapter 34.05 RCW necessary to implement this chapter;

(2) Establish all registration and renewal fees in accordance with RCW 43.70.250;

(3) Establish forms and procedures necessary to administer this chapter;

(4) Register an applicant or to deny registration to an applicant who does not meet the minimum qualifications. However, proceedings concerning the denial of registration based upon unprofessional conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter;

(6) Determine minimum education requirements and evaluate and designate those educational programs from which graduation will be accepted as proof of eligibility to take a qualifying examination for applicants for registration;

(7) Prepare, grade, and administer, or determine the nature of, and supervise the grading and administration of, examinations for applicants for registration;

(8) Determine whether alternative methods of training are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training;

(9) Determine which states have registration requirements equivalent to those of this state, and issue registrations to individuals registered in those states without examinations;

(10) Define and approve any experience requirement for credentialing;

(11) Implement and administer a program for consumer education;

(12) Adopt rules implementing a continuing competency program;

(13) Maintain the official department record of all applicants and licensees; and

(14) Establish by rule the procedures for an appeal of an examination failure.

NEW SECTION. Sec. 6. (1) The secretary shall issue a registration to any applicant who demonstrates to the secretary's satisfaction that the following requirements have been met:

(a) Certification by a nationally recognized educational program in surgical technology approved by the secretary;

(b) Graduation from an accredited educational program in surgical technology approved by the secretary; or

(2) An applicant shall identify the name and address of the applicant and other information required by the secretary necessary to establish whether there are grounds for denial of a registration or conditional registration under chapter 18.130 RCW.

(3) The secretary shall register an applicant practicing surgical technology on the effective date of this act notwithstanding the requirements contained in subsection (1) of this section, if an application for registration is filed with the secretary within ninety days of the effective date of this act.

(4) The secretary shall establish by rule what constitutes adequate proof of meeting the requirements of this section.

NEW SECTION. Sec. 7. The secretary shall establish by rule the standards and procedures for approval of educational programs and alternative training. The secretary may utilize or contract with individuals or organizations having expertise in the profession or in education to assist in the evaluations. The secretary shall establish by rule the standards and procedures for revocation of approval of education programs. The standards and procedures set shall apply equally to educational programs and training in the United States and in foreign jurisdictions. The secretary may establish a fee for educational program evaluations.

NEW SECTION. Sec. 8. Applications for registration shall be submitted on forms provided by the secretary. The secretary may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration provided for in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application.

NEW SECTION. Sec. 9. The secretary shall establish by rule the procedural requirements and fees for renewal of registration. Failure to renew shall invalidate the registration and all privileges granted by the registration.

NEW SECTION. Sec. 10. The uniform disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of registration, unauthorized practice, and the discipline of persons registered under this chapter. The secretary shall be the disciplining authority under this chapter.

NEW SECTION. Sec. 11. Sections 2 through 10 of this act constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 12. This act takes effect July 1, 1998.