2024 -- S 2874 | |
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LC005643 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- CERTIFIED SURGICAL FIRST | |
ASSISTANTS | |
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Introduced By: Senator Sandra Cano | |
Date Introduced: March 22, 2024 | |
Referred To: Senate Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS" |
2 | is hereby amended by adding thereto the following chapter: |
3 | CHAPTER 54.1 |
4 | CERTIFIED SURGICAL FIRST ASSISTANTS |
5 | 5-54.1-1. Short title. |
6 | This chapter shall be known and may be cited as "Certified Surgical First Assistants". |
7 | 5-54.1-2. Definitions. |
8 | For purposes of this chapter, the following terms shall have the following meanings: |
9 | (1) "Board" means the board of licensure of certified surgical first assistants established |
10 | pursuant to § 5-54.1-5. |
11 | (2) "Certified surgical first assistant" means an individual who has met the requirements of |
12 | the board of licensure as a certified surgical first assistant and who works under the direct |
13 | supervision of a licensed doctor of medicine, osteopathy, or podiatry. |
14 | (3) "Department" means the department of health. |
15 | (4) "Director" means the director of the department of health. |
16 | (5) "Surgical assisting" means surgical patient care, including, but not limited to, any of |
17 | the following: |
18 | (i) Manipulation of organs; |
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1 | (ii) Suturing of tissue; |
2 | (iii) Placement of hemostatic agents; |
3 | (iv) Injection of local anesthetic; |
4 | (v) Harvesting of veins; |
5 | (vi) Implementation of devices; and |
6 | (vii) Other duties as directed by a licensed doctor of medicine, osteopathy, or podiatry. |
7 | (6) "Surgical facility" means an entity that provides surgical health care services, whether |
8 | inpatient or outpatient and whether overnight or ambulatory, including, but not limited to, a |
9 | hospital, clinic or private office of a health care practitioner, whether conducted for charity or for |
10 | profit. |
11 | 5-54.1-3. Certified surgical first assistants. |
12 | (a) A surgical facility shall not employ or otherwise retain the services of a surgical |
13 | assistant unless an individual is licensed by the board as a certified surgical first assistant. |
14 | (b) Notwithstanding subsection (a) of this section, a registered nurse, licensed or registered |
15 | health care provider or other health care practitioner may perform surgical assistant tasks or |
16 | functions if that individual is acting within the scope of licensure. |
17 | (c) Notwithstanding subsection (a) of this section, a surgical facility may employ as a |
18 | surgical assistant an individual who does not meet the requirements of this section if that individual |
19 | receives a waiver from the department certifying that the individual has met special circumstances |
20 | as determined by the department. |
21 | 5-54.1-4. Board of licensure -- Creation. |
22 | Within the division of professional regulation established in the department of health |
23 | pursuant to chapter 26 of this title, there is created a board of licensure for certified surgical first |
24 | assistant as provided by §§ 5-54.1-5 and 5-54.1-6. |
25 | 5-54.1-5. Establishment of the board of licensure. |
26 | (a) The governor, after consultation with the director of the department of health and with |
27 | the advice and consent of the senate, shall appoint to the board seven (7) members, who are |
28 | residents of the state, to constitute a board of licensure for certified surgical first assistants with the |
29 | duties, powers, and authority as set forth in § 5-54.1-6, and that board shall be composed of the |
30 | following: |
31 | (1) Two (2) members who shall be licensed physicians under the provisions of chapter 37 |
32 | of this title who have actively engaged in the practice of surgery; |
33 | (2) Two (2) members who are representatives of the general public not employed in any |
34 | health-related field; and |
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1 | (3) Three (3) members who shall be certified surgical first assistants or health care |
2 | practitioners with at least three (3) years of practice in the state involving delivery of medical |
3 | surgical services. |
4 | (b) Members shall be appointed for terms of three (3) years each with no member serving |
5 | more than two (2) consecutive terms. |
6 | (c) Upon the governor's initial appointments, the director shall designate the members of |
7 | the board of licensure for certified surgical first assistants as follows: two (2) members to serve for |
8 | a term of three (3) years; two (2) members to serve for a term of two (2) years; and three (3) |
9 | members to serve for a term of one year. Any additional appointments shall serve for one year. |
10 | (d) The director may remove any member of the board for cause. |
11 | (e) Vacancies shall be filled for the unexpired portion of any term in the same manner as |
12 | the original appointment. |
13 | (f) Members shall serve without compensation; provided, however, members shall be |
14 | reimbursed for actual and reasonable expenses incurred in the performance of their duties. |
15 | (g) The board shall elect its own chairperson annually and shall meet at the call of the |
16 | chairperson, or upon the request of two (2) or more members of the board. |
17 | (h) A quorum shall consist of at least four (4) members present. |
18 | 5-54.1-6. Board of licensure -- Powers and duties. |
19 | (a) The board shall administer, coordinate, and enforce the provisions of this chapter; |
20 | evaluate the qualifications of applicants; supervise any examination of applicants deemed |
21 | necessary; recommend to the director the commencement of disciplinary hearings in accordance |
22 | with chapter 35 of title 42 and the provisions of this chapter; and investigate persons engaging in |
23 | practices that violate the provisions of this chapter. This authority shall specifically encompass |
24 | practicing certified surgical first assistants, surgical facilities and those health care agencies |
25 | employing certified surgical first assistants. The board shall investigate all persons and agencies |
26 | engaging in practices that violate the provisions in this chapter. |
27 | (b) The board shall conduct hearings of a nondisciplinary nature and shall keep the records |
28 | and minutes that are necessary to an orderly dispatch of business. |
29 | (c) The board, with the approval of the director, shall adopt rules and regulations necessary |
30 | to implement the provisions of this chapter and may amend or repeal them. |
31 | (d) Regular meetings of the board shall be held at any time and place that the board |
32 | prescribes and special meetings shall be held upon the call of the chairperson; provided that, at least |
33 | one regular meeting is held each year. |
34 | (e) The conferral or enumeration of specific powers in this chapter shall not be construed |
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1 | as a limitation of the general powers conferred by this section. |
2 | (f) The board shall recommend to the director for registration those persons meeting the |
3 | criteria stated by this chapter. |
4 | (g) The board shall recommend to the director the revocation or suspension of the license |
5 | of any certified surgical first assistant who does not conform to the requirements of this chapter or |
6 | regulations adopted under this chapter. |
7 | (h) In accordance with its authority under subsection (a) of this section, the board shall |
8 | make recommendations to the director for discipline of supervising surgeons, surgical facilities and |
9 | employing healthcare agencies found wanting in their use of certified surgical first assistants. |
10 | (i) The board shall approve programs for continuing medical education. |
11 | 5-54.1-7. Criteria for licensure as a certified surgical first assistant. |
12 | (a) The board shall recommend to the director for licensure as a certified surgical first |
13 | assistant an applicant who: |
14 | (1) Has completed at least one of the following: |
15 | (i) A current credential as a surgical assistant or surgical first assistant issued by the |
16 | National Board of Surgical Technology and Surgical Assisting, the National Surgical Assistant |
17 | Association, or the National Commission for Certification of Surgical Assistants or their |
18 | successors; |
19 | (ii) Successful completion of a surgical assistant training program during the individual’s |
20 | service as a member of any branch of the armed forces of the United States; or |
21 | (iii) At least one year of experience as a surgical assistant in the state. |
22 | (b) An application for original license, a license renewal or for the licensing examination |
23 | shall be made on forms approved by the department and accompanied by the appropriate fee as set |
24 | by the department. An application for original license shall be sworn and shall furnish satisfactory |
25 | proof that an applicant is at least eighteen (18) years of age, of good moral character and has met |
26 | the educational and professional experience requirements as set forth in this section. |
27 | (c) For renewal of license as a certified surgical first assistant, a licensee shall attest to |
28 | having successfully completed thirty-eight (38) hours of continuing education in courses directly |
29 | related to the practice of surgical assisting as approved and documented by a provider recognized |
30 | by one of the following: |
31 | (1) The National Board of Surgical Technology and Surgical Assisting; |
32 | (2) The National Commission for the Certification of Surgical Assistants; or |
33 | (3) The National Surgical Assistant Association. |
34 | (d) A licensee shall retain a completed form with all supporting documentation in the |
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1 | licensee's records for a period of four (4) years following the renewal of an active license. |
2 | (e) The board shall periodically conduct a random audit of its active licensees to determine |
3 | compliance and the licensees selected for the audit shall provide all supporting documentation |
4 | within thirty (30) days of receiving notification of the audit. |
5 | (f) Failure of a licensee to comply with the requirements of this section may subject the |
6 | licensee to disciplinary action by the board. |
7 | (g) The board, at its discretion, may grant an extension of the deadline for continuing |
8 | education requirements, for up to one year, for good cause shown upon a written request from the |
9 | licensee, prior to the renewal date. |
10 | (h) The board, at its discretion, may grant an exemption for all or part of the requirements |
11 | for circumstances beyond the control of the licensee, such as temporary disability, mandatory |
12 | military service, or officially declared disasters. |
13 | 5-54.1-8. Grounds for refusal to renew, suspension or revocation of certificates. |
14 | The director may, after notice and a hearing, refuse to grant, renew, suspend, or revoke any |
15 | certificate of licensure or discipline any registrant upon proof that the person is guilty of |
16 | unprofessional conduct as defined in § 5-54-2. |
17 | 5-54.1-9. Requirements relating to professional conduct. |
18 | The board shall receive and maintain a confidential file which shall be available to the |
19 | board to precipitate or aid in their investigations. The information shall also be available to licensed |
20 | surgical facilities in connection with the granting of staff privileges and to the individual certified |
21 | surgical first assistants themselves. The file shall contain the following information: |
22 | (1) Cases of malpractice suits against certified surgical first assistants as reported to the |
23 | board by insurers and self-insurers; |
24 | (2) Cases of malpractice suits that result in allegations being dropped, a dismissal, a |
25 | settlement, or court judgment or arbitration award adverse to the certified surgical first assistant; |
26 | (3) Reports by any hospital or state or local professional medical association/society of |
27 | disciplinary action taken against any certified surgical first assistant. These reports should also |
28 | include any resignation of a certified surgical first assistant if related to unprofessional conduct as |
29 | defined in § 5-54-2 or any withdrawal of an application for hospital privileges relating to |
30 | unprofessional conduct; |
31 | (4) Reports by state and federal courts of certified surgical first assistants found guilty of a |
32 | felony; |
33 | (5) Reports by professional review organizations and third-party health insurers of |
34 | sanctions imposed on a certified surgical first assistant; and |
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1 | (6) Contain any other data that the board by reasonable rule or regulation deems |
2 | appropriate. |
3 | 5-54.1-10. Severability. |
4 | The provisions of this chapter are severable and if any of the provisions of this chapter are |
5 | held unconstitutional by any court of competent jurisdiction, the decision of that court shall not |
6 | affect or impair any of the remaining provisions. |
7 | SECTION 2. This act shall take effect on July 1, 2025. |
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LC005643 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- CERTIFIED SURGICAL FIRST | |
ASSISTANTS | |
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1 | This act would allow for the licensing of certified surgical first assistants to assist in |
2 | surgeries through the department of health and a seven (7) member board of licensure. |
3 | This act would take effect on July 1, 2025. |
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LC005643 | |
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