2005 -- S 0813

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LC01133

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

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A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - SURGICAL TECHNOLOGISTS

     Introduced By: Senators Perry, Roberts, Pichardo, and Goodwin

     Date Introduced: February 17, 2005

     Referred To: Senate Health & Human Services

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 5 of the General Laws entitled "Businesses and Professions" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 77

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SURGICAL TECHNOLOGISTS

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     5-77-1. Declaration of policy. -- (a) The general assembly intends to establish by this

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chapter a framework for the development of a new category of health personnel to be known as

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the surgical technologist.

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      (b) The purpose of this chapter is to encourage the more effective utilization of the skills

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of physicians by enabling them to delegate health care tasks to qualified surgical technologists

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where that delegation is consistent with the patient's health and welfare.

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     (c) Nothing in this chapter shall be construed to repeal or supersede existing laws relating

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to other paramedical professions or services.

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     5-77-2. Definitions. -- As used in this chapter, the following words have the following

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meanings:

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     (1) "Administrator" means the administrator, division of professional regulation.

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     (2) "Approved program" means a program for the education and training of surgical

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technologists formally approved by the American Medical Association's (AMA's) Committee on

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Allied Health, Education and Accreditation, its successor, the Commission on Accreditation of

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Allied Health Education Programs (CAAHEP) or its successor.

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     (3) "Approved program for continuing medical education" means a program for

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continuing education approved by the Association of Surgical Technologists or any other board

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approved program.

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     (4) "Board" means the board of licensure of surgical technologists.

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     (5) "Director" means the director of the department of health.

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     (6) "Division" means the division of professional regulation, department of health.

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     (7) "Physician" means a person licensed under the provisions of chapter 29 or 37 of this

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title.

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     (8) "Surgical technologist" means a person who is qualified by academic and practical

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training to provide those certain patient services under the supervision, control, responsibility and

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direction of a licensed physician.

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     (9) "Supervision" means overseeing the activities of, and accepting the responsibility for

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the medical services rendered by the surgical technologists. Supervision is continuous, and under

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the direct control of a licensed physician expert in the field of medicine in which the surgical

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technologists practice. The constant physical presence of the supervising physician or physician

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designee is not required. It is the responsibility of the supervising physician and surgical

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technologist to assure an appropriate level of supervision depending on the services being

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rendered. Each physician or group of physicians, or other health care delivery organization

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excluding licensed hospital or licensed health care facilities controlled or operated by a licensed

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hospital employing surgical technologists must have on file at the primary practice site a copy of

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a policy in the form of an agreement between the supervising physicians and surgical

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technologists delineating:

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      (i) The level of supervision provided by the supervising physician or designee with

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particular reference to differing levels of supervision depending on the type of patient services

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provided and requirements for communication between the supervising physician or designee and

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the surgical technologist.

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      (ii) A job description for the surgical technologist listing patient care responsibilities and

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procedures to be performed by the surgical technologist.

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      (iii) A program for quality assurance for surgical technologist services including

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requirements for periodic review of the surgical technologist services.

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      (iv) Requirements for supervision of surgical technologists employed or extended

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medical staff privileges by licensed hospitals or other licensed health care facilities or employed

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by other health care delivery agencies shall be delineated by the medical staff by laws and/or

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applicable governing authority of the facility.

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      (v) The supervising physician or physician designee must be available for easy

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communication and referral at all times.

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     (11) "Unprofessional conduct" includes, but is not limited to, the following items or any

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combination and may be defined by regulations established by the board with prior approval of

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the director:

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     (i) Fraudulent or deceptive procuring or use of a license;

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     (ii) Representation of himself or herself as a physician;

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     (iii) Conviction of a crime involving moral turpitude; conviction of a felony; conviction

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of a crime arising out of the practice of medicine. All advertising of medical business, which is

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intended or has a tendency to deceive the public;

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     (iv) Abandonment of a patient;

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     (v) Dependence upon a controlled substance, habitual drunkenness, or rendering

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professional services to a patient while intoxicated or incapacitated by the use of drugs;

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     (vi) Promotion of the sale of drugs, devices appliances, or goods or services provided for

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a patient in a manner that exploits the patient for the financial gain of the surgical technologist;

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      (vii) Immoral conduct of a surgical technologist in the practice of medicine;

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     (viii) Willfully making and filing false reports or records;

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     (ix) Willful omission to file or record or willfully impeding or obstructing a filing or

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recording, or inducing another person to omit to file or record medical or other reports as required

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by law;

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      (x) Agreeing with clinical or bioanalytical laboratories to accept payments from these

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laboratories for individual tests or test series for patients;

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     (xi) Practicing with an unlicensed physician or surgical technologist or aiding or abetting

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these unlicensed persons in the practice of medicine;

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      (xii) Offering, undertaking or agreeing to cure or treat a disease by a secret method,

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procedure, treatment or medicine;

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     (xiii) Professional or mental incompetence;

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     (xiv) Surrender, revocation, suspension, limitation of privilege based on quality of care

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provided, or any other disciplinary action against a license or authorization to practice in another

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state or jurisdiction; or surrender, revocation, suspension, or any other disciplinary action relating

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to membership on any medical staff or in any medical professional association, or society while

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under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to

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acts or conduct which would constitute grounds for action as stated in this chapter;

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     (xv) Any adverse judgment, settlement, or award arising from a medical liability claim

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related to acts or conduct, which would constitute grounds for action as stated in this chapter;

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     (xvi) Failure to furnish the board, the administrator, investigator or representatives,

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information legally requested by the board;

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     (xvii) Violation of any provisions of this chapter or the rules and regulations promulgated

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by the director or an action, stipulation, or agreement of the board;

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     (xviii) Cheating or attempting to subvert the certifying examination;

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     (xix) Violating any state or federal law or regulation relating to controlled substances;

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      (xx) Medical malpractice;

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      (xxi) Sexual contact between a surgical technologist and patient during the existence of

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the surgical technologist/patient relationship;

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     (xxii) Providing services to a person who is making a claim as a result of a personal

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injury, who charges or collects from the person any amount in excess of the reimbursement to the

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surgical technologist by the insurer as a condition of providing or continuing to provide services

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or treatment.

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     5-77-3. Exemptions. -- The provisions of this chapter do not apply to services performed

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in any of the following areas:

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     (1) The practice of dentistry or dental hygiene as defined in chapter 31.1 of this title.

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     (2) The practice of chiropractic medicine.

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     (3) The practice of optometry as defined in chapter 35 of this title.

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     (4) A surgical technologist student enrolled in a surgical technologist educational

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program while performing duties in conjunction with a formal training program clinical rotation

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under the auspices of a recognized degree granting institution.

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     (5) Technicians, or other assistants or employees of physicians who perform delegated

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tasks in the office of a physician but who are not rendering services as surgical technologist or

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identifying themselves as a surgical technologist.

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     5-77-4. Board of licensure -- Creation. -- Within the division of professional regulation

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established in the department of health pursuant to chapter 26 of this title there is a board of

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registration for surgical technologist as provided by sections 5-77-5 – 5-77-7.

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     5-77-5. Board of licensure. -- (a) The director of the department of health, with the

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approval of the governor, shall appoint a board consisting of seven (7) persons, residents of the

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state, to constitute a board of licensure for surgical technologist with the duties, powers, and

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authority as stated in this chapter, and that board shall be composed of the following:

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     (1) Two (2) members shall be licensed physicians under the provisions of chapter 37 of

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this title who have been actively engaged in the practice of medicine;

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     (2) One member is a chief executive officer of a health care facility located and licensed

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in the state or his or her designee who is not licensed in any health care profession;

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     (3) Two (2) members who are representatives of the general public not employed in any

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health-related field; and

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     (4) Two (2) members shall be surgical technologists.

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     (b) Members shall be appointed for terms of three (3) years each with no member serving

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more than two (2) consecutive terms.

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     (c) In his or her initial appointment, the director shall designate the members of the board

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of licensure for surgical technologists as follows: two (2) members to serve for terms of three (3)

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years; two (2) members to serve for a term of two (2) years; and three (3) members to serve for a

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term of one year. Any additional appointments shall serve for one year.

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      (d) The director of the department of health may remove any member of the board for

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cause.

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     (e) Vacancies shall be filled for the unexpired portion of any term in the same manner as

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the original appointment.

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     5-77-6. Board of licensure -- Organization and meetings -- Compensation of

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members. -- The board shall elect its own chairperson annually and shall meet at the call of the

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administrator, the chairperson or upon the request of two (2) or more members of the board. A

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quorum shall consist of at least three (3) members present. The board shall approve programs for

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continuing medical education. Board members shall serve without compensation.

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     5-77-7. Board of licensure -- Powers and duties. -- (a) The board shall administer,

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coordinate, and enforce the provisions of this chapter, approve programs for the training of

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surgical technologists, evaluate the qualifications of applicants, supervise any examination of

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applicants deemed necessary, recommend to the director the commencement of disciplinary

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hearings in accordance with chapter 35 of title 42 and the provisions of this chapter, and

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investigate persons engaging in practices which violate the provisions of this chapter. This

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authority shall specifically encompass practicing surgical technologists, supervisory physicians,

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and those health care agencies employing surgical technologists. The board shall investigate all

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persons and agencies engaging in practices which violate the provisions in this chapter.

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     (b) The board shall conduct hearings of a non-disciplinary nature and shall keep the

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records and minutes that are necessary to an orderly dispatch of business.

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     (c) The board, with the approval of the director of the department of health, shall adopt

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rules and regulations necessary to carry into effect the provisions of this chapter and may amend

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or repeal them.

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      (d) Regular meetings of the board shall be held at any time and places that the board

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prescribes and special meetings shall be held upon the call of the chairperson; provided, that at

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least one regular meeting is held each year.

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     (e) The conferral or enumeration of specific powers in this chapter shall not be construed

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as a limitation of the general powers conferred by this section.

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     (f) The board shall recommend to the director for registration those persons meeting the

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criteria stated by this chapter.

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      (g) The board shall recommend to the director the revocation or suspension of the

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registration of any surgical technologist who does not conform to the requirements of this chapter

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or regulations adopted under this chapter.

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     (h) In accordance with its authority under subsection (a) of this section the board shall

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make recommendations to the director for discipline of supervising physicians and employing

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health care agencies found wanting in their use of surgical technologists.

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     (i) The board shall approve programs for continuing medical education.

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     5-77-8. Permitted health care practices by surgical technologist. -- (a) Surgical

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technologists shall practice with physician supervision. Surgical technologists may perform those

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duties and responsibilities consistent with the limitations of this section, which are delegated by

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their supervising physician(s). Notwithstanding any other provisions of law, a surgical

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technologist may perform health care services when those services are rendered under the

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supervision of a licensed physician.

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     (b) Surgical technologists, depending upon their level of professional training and

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experience, as determined by a supervising physician, may perform health care services

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consistent with their expertise and that of the supervising physician, who is a licensed physician

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in solo practice, in group practice, or in health care facilities.

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      (c) Hospitals and other licensed health care facilities have discretion to grant privileges

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to a surgical technologist and to define the scope of privileges or services which a surgical

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technologist may deliver in a facility. In no event shall those privileges, if granted, exceed the

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privileges granted to the supervising physician.

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     5-77-9. Criteria for licensure as a surgical technologist. -- The board shall recommend

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to the director for licensure as a surgical technologist an applicant who:

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     (1) Is of good character and reputation;

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     (2) Graduated from a surgical technologist training program certified by the AMA's

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Committee on Allied Health, Education, and Accreditation, its successor, the Commission on

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Accreditation of Allied Health Education Programs (CAAHEP) or its successor;

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     (3) Passed a national certifying exam approved by the board;

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     (4) Submitted a completed application together with the required fee of sixty-two dollars

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and fifty cents ($62.50).

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     5-77-9.1. Graduate practice. -- (a) Any graduate of an approved surgical technologist

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training program who files a completed application for licensure may, upon receiving a receipt

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from the division of professional regulation, perform as a graduate surgical technologist subject to

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the board promulgating rules and regulations delineating the appropriate level of supervision for

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the graduate surgical technologist practice. During this period, the applicant shall identify himself

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or herself only as a "graduate surgical technologist".

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     (b) If the applicant fails to take the next succeeding examination without cause, or fails to

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pass the examination and is licensed, all privileges granted pursuant to this section shall

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automatically cease.

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     5-77-10. Registration based on previous practice. -- The board shall recommend to the

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director for registration as a surgical technologist an applicant who:

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     (1) Is employed in this state as a surgical technologist on July 1, 2005, and has

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successfully passed the national qualifying exam prior to July 1, 2005;

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     (2) No person shall represent himself or herself or be registered as a surgical technologist

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after July 1, 2005 unless he or she has passed the certifying examination approved by the board in

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section 5-77-9(3); and

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     (3) Submitted a completed application with the application fee.

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     5-77-11. Issuance and annual renewal of certificates of licensure. -- (a) The board

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shall recommend to the director for registration those individuals who meet the criteria for

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licensure as stated in this chapter. Upon that recommendation, the director shall issue a certificate

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of licensure as a surgical technologist.

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     (b) The certificate of licensure shall expire biannually on the thirtieth (30th) day of June.

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On or before the first day of March in each year, the administrator shall mail an application for a

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renewal certificate to every person licensed under the provisions of this chapter, and every person

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who desires his or her certificate to be renewed shall file with the division the renewal application

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together with a renewal fee of one hundred twenty-five dollars ($125) on or before the first day of

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June in every other year. Upon receipt of the renewal application and payment of fee, the

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accuracy of the application shall be verified and the administrator shall grant a renewal certificate

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effective July 1st and expiring June 30th two years hence, unless the certificate is sooner

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suspended for cause as provided in section 5-77-12.

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     5-77-11.1. Inactive list. -- A surgical technologist licensed to practice who does not

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intend to engage in the practice of his or her profession during any year, upon written request to

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the board may have his or her name transferred to an inactive list, and shall not be required to

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register annually or pay any renewal as long as he or she remains inactive. Any surgical

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technologist included in the inactive list as provided in this section shall be restored to active

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status by the administrator upon filing of a written request accompanied by the renewal fee.

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     5-77-12. Grounds for refusal to renew, suspension or revocation of certificates. --

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The director may, after notice and a hearing refuse to grant, renew, suspend, or revoke any

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certificate of licensure or discipline any registrant upon proof that the person is guilty of

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unprofessional conduct as defined in section 5-77-2.

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     5-77-12.1. Continuing medical education. -- Every surgical technologist licensed to

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practice within the state shall be required to have satisfactorily completed ten (10) hours of

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approved continuing medical education annually. The annual period for accumulation of

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continuing medical education hours commences on the first day of September and runs through

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the thirty-first (31st) day of August beginning in 2005. Beginning with the annual renewal period

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commencing the first day of August 2006 the administrator shall not renew the certificate of

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licensure until satisfactory evidence of completion of the required continuing medical education

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is provided to the division.

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     5-77-13. Procedure for discipline. -- (a) When a sworn complaint is filed with the board

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charging a person with being guilty of any of the actions specified in section 5-77-12, the division

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of professional regulation or the board shall immediately investigate those charges. In the event

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that investigation reveals reasonable grounds for believing that the applicant or surgical

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technologist is guilty of the charges, and upon the recommendation of the board or the

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administrator, the director shall fix a time and place for a hearing, and shall cause a copy of the

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charges together with a notice of the time and the place fixed for the hearing to be served upon

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the accused at least twenty (20) days prior to the time fixed for the hearing. At the hearing, the

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accused has the right to appear personally or by counsel or both, to produce witnesses and

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evidence on his or her behalf, to cross-examine witnesses and to have subpoenas issued by the

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administrator of professional regulation. The attendance of witnesses and the production of

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books, documents, and papers at the hearing may be compelled by subpoenas issued by the

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administrator which shall be served in accordance with law. At the hearing, the director or his or

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her designee shall administer oaths that may be necessary for the proper conduct of the hearing.

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The director of health or his or her designee is not bound by the strict rules of procedure or by the

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laws of evidence in the conduct of its proceedings but the determination shall be based upon

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sufficient legal evidence to sustain it. If the accused is found guilty of the charges, the director

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may refuse to issue a registration to the applicant or may revoke or suspend his or her certificate

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or discipline the person.

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     (b) Upon the revocation or suspension of any certificate, the holder of the certificate shall

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surrender the certificate to the administrator of professional regulation who shall strike the name

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of the holder from the register of surgical technologists.

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     5-77-13.1. Non-disciplinary alternative. -- The board may permit a licensee to enter

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into a non-disciplinary alternative program. All records pertaining to the surgical technologist's

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participation in the non-disciplinary program shall be confidential and shall not be subject to

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discovery, subpoena, or public disclosure.

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     5-77-14. Grounds for discipline without a hearing. -- The director may temporarily

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suspend the license of a surgical technologist without a hearing if the director finds that the

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evidence in his or her possession indicates that a surgical technologist's continuation in practice

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would constitute a danger to the public. In the event that the director temporarily suspends the

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license of a surgical technologist without a hearing, a hearing by the board must be held within

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ten (10) days after the suspension.

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     5-77-15. Appeals from board, administrator or director. -- An appeal from any

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decision or order of the board, administrator of professional regulation or director of department

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of health may be taken by any aggrieved party to the superior court in the manner provided for in

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chapter 35 of title 42.

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     5-77-16. Penalty for misrepresentation. -- No person who is not licensed as a surgical

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technologist may use the title of "Surgical Technologist" or hold himself or herself out as a

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surgical technologist. Any person who violates the provisions of this section shall be punished by

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a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500), nor

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more than one year imprisonment, or by both the fine and imprisonment.

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     5-77-17. Injunction of violations. -- When it appears to the director that any person is

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violating any of the provisions of this chapter, the director may cause an action to be instituted,

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commenced in the name of the board, to enjoin that violation in a court of competent jurisdiction

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and that court may enjoin any person, firm, corporation, or association without regard to whether

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proceedings have been or may be instituted before the director or whether criminal proceedings

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have been or may be instituted.

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     5-77-18. Receipts. -- The proceeds of any fees collected pursuant to the provisions of this

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chapter shall be deposited as general revenues.

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     5-77-19. Enforcement of chapter. -- The director of the department health shall enforce

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the provisions of this chapter. The director or his or her authorized agents and the board shall be

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exempt from providing surety for costs in connection with the commencement of any legal

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proceedings under this chapter.

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     5-77-20. Immunity from liability for gratuitous emergency assistance. -- No person

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licensed under the provisions of this chapter or members of the same profession licensed to

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practice in other states of the United States who voluntarily and gratuitously, and other than in the

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ordinary course of his or her employment or practice, renders emergency medical assistance to a

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person in need shall be liable for civil damages for any personal injuries resulting from acts or

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omissions by those persons in rendering the emergency care which may constitute ordinary

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negligence. The immunity granted by this section shall not apply to acts or omissions constituting

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gross, willful, wanton negligence or when the medical assistance is rendered at any hospital,

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physician's office or other health care delivery entity where those services are normally rendered.

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     5-77-21. Severability. -- The provisions of this chapter are severable and if any of the

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provisions of this chapter are held unconstitutional by any court of competent jurisdiction, the

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decision of that court does not affect or impair any of the remaining provisions.

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     5-77-22. Continuing medical education. -- Every surgical technologist licensed to

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practice within the state shall be required to have satisfactorily completed ten (10) hours of

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approved continuing medical education annually. The annual period for accumulation of

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continuing education hours commences on the first day of October and runs through the last day

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of September beginning in 1996. Beginning with the annual renewal period commencing the first

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day of October 1997 the administrator shall not renew the certificate of licensure until satisfactory

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evidence of the completion of the required continuing medical education is provided to the

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division.

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     5-77-23. Reports relating to professional conduct and capacity -- Regulations --

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Confidentiality -- Immunity. -- In addition to the requirements of section 42-14-2.1:

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     (1) The board, with the approval of the director, shall adopt regulations requiring any

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person, including, but not limited to, corporations, health care facilities, health maintenance

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organizations, organizations and federal, state, or local governmental agencies, or peer review

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boards to report to the board any: conviction, determination, or finding that a licensed surgical

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technologist has committed unprofessional conduct as defined in section 5-77-2, or to report

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information which indicates that a licensed surgical technologist may not be able to practice with

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reasonable skill and safety to patients as the result of any mental or physical condition. The

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regulations shall include the reporting requirements of subdivision (2)(i), (ii), (iii) of this section.

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     (2) The following reports, in writing, shall be filed with the board:

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     (i) Every insurer providing professional liability insurance to a surgical technologist

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licensed under the provisions of this chapter shall send a complete report to the board reporting

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any formal notice of any claim, settlement of any claim or cause of action, or final judgment

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rendered in any cause of action for damages for death or personal injury caused by a surgical

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technologist's negligence, error or omission in practice or his or her rendering of unauthorized

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professional services. The report shall be sent within thirty (30) days after service of the

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complaint or notice, settlement, judgment, or arbitration award on the parties. All the reports

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present an in-depth factual summary of the claim in question.

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      (ii) All hospital and licensed health care facilities including, but not limited to, nursing

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homes and health maintenance organizations and the division of drug control must report within

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thirty (30) days of this action, any action, disciplinary or otherwise, taken for any reason, which

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limits, suspends, or revokes a surgical technologist's privilege to practice, either through formal

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action by the institution or facility or through any voluntary agreement with the surgical

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technologist.

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     (iii) Within ten (10) days after a judgment by a court of this state that a surgical

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technologist licensed under the provisions of this chapter has been convicted of a crime or is

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civilly liable for any death or personal injury caused by his or her negligence, error or omission in

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his or her practice or his or her rendering unauthorized professional services, the clerk of the

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court which rendered the judgment shall report the judgment to the board.

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     (3) The board shall publicly report any change of privileges, of which it is aware, to the

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board of trustees or other appropriate body of all licensed hospitals, licensed health care facilities,

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health maintenance organizations and any other parties that the board deems appropriate, within

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thirty (30) days; provided, that notwithstanding the provisions of this subdivision, the board may,

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in instances where the change of privilege is not related to quality of patient care, elect not to

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disseminate the report of changed privileges. This election may be made in executive session and

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no decision not to disseminate shall be made except by the majority vote of the members present

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at the meeting and only upon a finding of fact by the board after inquiry that the change was not

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related to quality of patient care.

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     (4) The contents of any report file shall be confidential and exempt from public

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disclosure, except that it may be reviewed:

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     (i) By the licensee involved or his or her counsel or authorized representative who

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submits any additional exculpatory or explanatory statements or other information, which

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statements or information shall be included in the file; or

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     (ii) By the chief administrative officer, a representative of the board or investigator of the

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board, who shall be assigned to review the activities of a licensed surgical technologist.

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      (5) Upon determination that a report is without merit, the board's records shall be purged

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of information relating to the report.

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     (6) If any person refuses to furnish a required report, the board may petition the superior

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court of any county in which the person resides or is found, and the court shall issue to the person

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an order to furnish the required report. Any failure to obey the order shall be punished by the

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court as a civil contempt is punished.

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     (7) Every individual medical association, medical society, surgical technologist

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professional organization, health care facility, health maintenance organization, peer review

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board, medical service bureau, health insurance carrier or agent, professional standards review

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organization, and agency of the federal, state, or local government shall be immune from civil

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liability, whether direct or derivative, for providing information in good faith to the board

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pursuant to this statute or the regulations outlined in subdivision (1) or requirements of

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subdivision (2) of this section.

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     (8) Nondisclosure agreements shall be prohibited insofar as they forbid parties from

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making reports regarding competency and/or unprofessional conduct to the board.

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     5-77-24. Requirements relating to professional conduct. -- The board shall receive and

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maintain a confidential file which shall be available to the board to precipitate or aid in their

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investigations. The information shall also be available to licensed health care facilities including

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health maintenance organizations in connection with the granting of staff privileges and to the

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individual surgical technologists themselves. The file shall contain the following information:

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     (1) Cases of malpractice suits against surgical technologists as reported to the board by

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insurers and self-insurers;

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     (2) Cases of malpractice suits that result in allegations being dropped, a dismissal, a

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settlement, or court judgment or arbitration award adverse to the surgical technologist;

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     (3) Reports by any hospital or state or local professional medical association/society of

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disciplinary action taken against any surgical technologist. This should also include any

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resignation of a surgical technologist if related to unprofessional conduct as defined in law or any

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withdrawal of an application for hospital privileges relating to unprofessional conduct;

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     (4) Reports by state and federal courts of surgical technologists found guilty of a felony;

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     (5) Reports by professional review organizations and third-party health insurers of

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sanctions imposed on a surgical technologist;

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      (6) The file may contain any other data that the board by reasonable rule or regulation

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deems appropriate.

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     5-77-25. Communication of information among health care facilities. -- Any licensed

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health care facility, acting by and through it's chief executive officer or his or her designee, may

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upon the request of any other licensed health care facility, communicate to the chief executive

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officer of the requesting facility or his or her designee any and all information available regarding

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circumstances under which the privileges of any surgical technologist were changed as described

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in section 5-77-23(3). No health care facility, chief executive officer, or his or her designee,

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communicating information under this section, shall have liability arising out of the

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communication, unless the person making the communication is not acting in good faith.

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     5-77-26. Hospital responsibility to take action based upon adverse information

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received. -- (a) Whenever a hospital receives information from the board pursuant to section 5-

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77-23(3) that indicates that the privileges of a surgical technologist or other health care

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professional have been suspended, revoked, or limited at another hospital, the receiving hospital

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shall within thirty (30) days initiate a preliminary inquiry into whether the privileges of the

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affected surgical technologist or other health care professional at the receiving hospital should be

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suspended, revoked, or limited, based upon review of the exercise of privileges at the receiving

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hospital, unless the information indicates that any adverse action with respect to privileges was

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administrative in character.

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     (b) Any hospital receiving information described in subsection (a) of this section may

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take any one or more of the following courses of action in addition to the action required in

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subsection (a) of this section, any one of which shall discharge its responsibility under this

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chapter to monitor the qualification and fitness of surgical technologists and other health care

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professionals on its medical staff:

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     (1) In any case that has been referred to the board, to await final disposition of the board,

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and to take further action that is consistent with sanctions, if any, imposed by the board;

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     (2) In any case in which the matter has resulted in the suspension, revocation, or

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restriction of privileges at any other hospital, to adopt the factual findings of the other hospital,

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and to impose the suspension, revocation, or restriction in privileges that the receiving hospital

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deems appropriate, if any, in light of these factors; or

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     (3) In any case, to conduct a formal inquiry, in accordance with applicable procedural

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requirements, to determine what action, if any, should be taken with respect to the privileges of

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the surgical technologist or other health care professional.

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     (c) No hospital, or officer, employee, surgical technologist or other health care

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professional associated with these shall be liable to any surgical technologist or other health care

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professional for any action taken in accordance with subsection (a) or (b) of this section when the

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action was made in good faith.

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     SECTION 2. This act shall take effect upon passage.

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LC01133

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO BUSINESSES AND PROFESSIONS - SURGICAL TECHNOLOGISTS

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     This act would establish laws pertaining to the profession of surgical technologists.

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     This act would take effect upon passage.

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LC01133

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