Dear Hospital Administrator Letter: Surgical Technology

January 21, 2015

Dear Chief Executive Officer:

This letter is to inform you about Public Health Law § 2824, which was added by Chapter 292 of the Laws of 2013. The law defines surgical technology, its tasks and functions and outlines how surgical technologists may practice in a general hospital or a diagnostic and treatment center authorized to provide ambulatory surgical services. Any facilities employing such personnel are required to comply with the law, which is effective January 1, 2015.

Key points of the law are:

  • On or after January 1, 2015, 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 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, as outlined in this law.
  • Exemptions are provided for those currently practicing as surgical technologists. The person must provide evidence to the healthcare facility that he or she 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 January 1, 2015.
  • Employers of persons performing surgical technology on the effective date of the law shall confirm in writing to each employee his or her employment in a capacity performing surgical technology in the facility.
  • New graduates may not be employed or contracted to practice surgical technologyfor more than a twelve month period immediately following successful completion of a surgical technology program without documentation that the employee or contractor holds and maintains a certified surgical technologist credential administered by a nationally accredited surgical technologist credentialing organization.
  • Surgical technologists in a healthcare facility must annually complete fifteen hours of continuing education to remain qualified to practice as a surgical technologist.
  • Temporary exemptions are provided if a healthcare facility is unable to employ or contract with a sufficient number of qualified surgical technologists, as provided in the law. The person must meet the requirements within two years of the start of employment.
  • The law contains scope of practice protections for persons licensed pursuant to title eight of the education law.
  • A healthcare facility that employs or contracts with a surgical technologist must, 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 that person.

Practice of Surgical Technology

The law defines the tasks and functions of a surgical technologist as including:

  • (a) 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;
  • (b) assisting healthcare professionals to move and position patients for surgery;
  • (c) assisting healthcare professionals to perform non-invasive prepping of the skin's surface and draping patients for surgery;
  • (d) assisting the surgeon's provision of hemostasis during surgery by handing instruments;
  • (e) holding a retractor after placement by a healthcare professional;
  • (f) anticipating instrument needs of a surgeon; and
  • (g) 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 under title eight of the education law, and not within the practice of surgical technology, include, but are not limited to:

  • (i) retracting tissue to expose the operating field during a surgical procedure;
  • (ii) administering any medication by any route, including local and topical medications;
  • (iii) placing hemostatic instruments or devices or applying cautery or tying off bleeders;
  • (iv) applying sutures or assisting with or performing wound closure; (v) assisting the surgeon in identifying structures that should not be ligated; and
  • (vi) applying wound dressings.

A surgical technologist cannot 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.

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 January 1, 2015; and
  • (d) is in the service of the federal government, to the extent the person is performing duties related to that service.

Employers of persons performing surgical technology on the effective date of the law shall confirm in writing to each employee his or her employment in a capacity performing surgical technology in the facility.

A person may be employed or contracted to practice surgical technologyduring the twelve month period immediately following successful completion of a surgical technology program 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 administered by a nationally accredited surgical technologist credentialing organization.

Surgical technologists in a healthcare facility must annually complete fifteen hours of continuing education to remain qualified to practice as a surgical technologist.

A healthcare facility may employ or otherwise contract with a person who does NOT meet the requirements outlined above 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 and retains a written record of its efforts; and
  • (c) the person meets the requirements within two years of the start of employment or contracting for the performance of surgical technology.

This law does not 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 law means 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.

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. The entire law may be accessed by going to: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$PBH2824*2 $$@TXPBH02824*2+&LIST=LAW+&BROWSER=EXPLORER+&TOKEN=03563205+&TARGET=VIE

(Please note that there are two section 2824 that have been recently added to the public health law. One concerns surgical technologists and the other central service technicians).

The Department expects facilities, if they employ surgical technologists, to develop a policy and procedure to comply with the law. If you have questions concerning the law, please contact the Division of Hospitals and Diagnostic & Treatment Centers, 875 Central Avenue, Albany, New York, 12206 at 518-402-1003.

Sincerely,

Ruth Leslie
Director
Division of Hospitals and Diagnostic & Treatment Centers