BILL REQ. #:  H-3041.1 

Read first time 01/13/12.   Referred to Committee on Health Care & Wellness.

     AN ACT Relating to the certification of surgical technologists; amending RCW 18.215.005, 18.215.010, 18.215.020, 18.215.030, 18.215.040, 18.215.060, 18.215.070, and 18.215.080; creating a new section; repealing RCW 18.215.050; and providing an effective date.

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

Sec. 1   RCW 18.215.005 and 1999 c 335 s 1 are each amended to read as follows:
     ((The registration of surgical technologists is in the interest of the public health, safety, and welfare.)) The legislature finds that it is necessary to regulate the practice of surgical technologists in order to protect the public health, safety, and welfare. It is the intent of the legislature that only individuals who meet and maintain minimum standards of competence and conduct be allowed to engage in the practice of surgical technology.

Sec. 2   RCW 18.215.010 and 1999 c 335 s 2 are each amended to read as follows:
     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, regardless of title, who is supervised in the surgical setting under the delegation of authority of a health care practitioner acting within the scope of his or her license and under the laws of this state)) an individual who, under the supervision of a licensed health practitioner, is authorized to: (a) Maintain surgical instrument integrity from within the surgical field during surgical procedures; (b) perform surgical support tasks, including instrument and equipment transfers and counts, and managing fluids, specimens, and supplies; (c) identify and correct asepsis; and (d) perform other surgical tasks as directed.

Sec. 3   RCW 18.215.020 and 1999 c 335 s 3 are each amended to read as follows:
     ((No person may represent oneself as a surgical technologist by use of any title or description without being registered by the department under the provisions of this chapter.)) No individual may hold himself or herself out to be a surgical technologist, nor may any individual perform the functions of a surgical technologist, unless the secretary or the secretary's designee certifies such individual as a surgical technologist under the provisions of this chapter. Unless exempted by RCW 18.215.030, applicants for certification as a surgical technologist must submit evidence of holding a current credential as a certified surgical technologist from the national board of surgical technology and surgical assisting or its successor.

Sec. 4   RCW 18.215.030 and 1999 c 335 s 4 are each amended to read as follows:
     ((Nothing in this chapter may be construed to prohibit or restrict:
     (1) The practice of an individual licensed, certified, or registered under the laws of this state and performing services within his or her authorized scope of practice;
     (2) The practice 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 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.))
     (1) In lieu of the credentialing requirements in RCW 18.215.020, applicants for certification as a surgical technologist may:
     (a) Demonstrate successful completion of a surgical technology training program during the individual's service as a member of any branch of the armed forces of the United States; or
     (b) Provide evidence that the individual was practicing surgical technology in a health care facility at any time during the six months immediately preceding the effective date of this section.
     (2) An individual who successfully completes a surgical technology training program within twelve months following the effective date of this section may engage in the functions of a surgical technologist during the twelve-month period immediately following completion of the program. Thereafter, unless exempted by subsection (1) of this section, such individual may not continue to function in the role of a surgical technologist without meeting the credentialing requirements of RCW 18.215.020.
     (3) Notwithstanding any provision of law to the contrary, nothing in this section prohibits a student from performing the functions of a surgical technologist if the student is under the direct supervision of an appropriately licensed health care practitioner and is functioning within the scope of the student's training.
     (4) Nothing in this chapter may be construed to prohibit a licensed practitioner from engaging in the full scope of practice for which he or she is licensed.

Sec. 5   RCW 18.215.040 and 1999 c 335 s 5 are each amended to read as follows:
     In addition to any other authority provided by law, the secretary has the authority to:
     (1) Adopt rules under chapter 34.05 RCW as required to implement this chapter;
     (2) Establish all ((registration)) certification and renewal fees in accordance with RCW 43.70.250;
     (3) Establish forms and procedures necessary to administer this chapter;
     (4) ((Register)) Certify an applicant or deny ((registration)) certification based upon unprofessional conduct or impairment governed by the uniform disciplinary act, chapter 18.130 RCW;
     (5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter; and
     (6) Maintain the official department record of all applicants and persons with ((registrations)) certification.

Sec. 6   RCW 18.215.060 and 1999 c 335 s 7 are each amended to read as follows:
     The secretary shall ((register)) certify an applicant on forms provided by the secretary. Each applicant shall pay a fee determined by the secretary under RCW 43.70.250. The fee shall accompany the application.

Sec. 7   RCW 18.215.070 and 1999 c 335 s 8 are each amended to read as follows:
     The secretary shall establish by rule the procedural requirements and fees for renewal of ((registration)) certification. Failure to renew shall invalidate the ((registration)) certification and all privileges granted by the ((registration)) certification.

Sec. 8   RCW 18.215.080 and 1999 c 335 s 9 are each amended to read as follows:
     The uniform disciplinary act, chapter 18.130 RCW, governs unregistered practice, the issuance and denial of ((registration)) certification, and the discipline of persons ((registered)) certified under this chapter. The secretary shall be the disciplining authority under this chapter.

NEW SECTION.  Sec. 9   The department of health shall recommend adoption, amendment, and repeal of such rules as may be deemed necessary to administer and enforce this act so long as the rules are in accordance with, and not inconsistent with, the provisions of this act.

NEW SECTION.  Sec. 10   RCW 18.215.050 (Required applicant information) and 1999 c 335 s 6 are each repealed.

NEW SECTION.  Sec. 11   This act takes effect August 1, 2013.