Read 1st time January 31, 2008 and copies ordered printed.





To amend chapter 334, RSMo, by adding thereto one new section relating to the practice of surgical technology.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 334, RSMo, is amended by adding thereto one new section, to be known as section 334.475, to read as follows:

            334.475. 1. As used in this section, "surgical technology" means intraoperative surgical patient care that involves:

            (1) Preparing the operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely;

            (2) Preparing the operating room and the sterile field for surgical procedures by preparing sterile supplies, instruments, and equipment using sterile technique; and

            (3) As directed in an operating room setting, performing tasks within the sterile field, including:

            (a) Passing supplies, equipment, or instruments;

            (b) Sponging or suctioning an operative site;

            (c) Preparing and cutting suture materials;

            (d) Transferring fluids or drugs;

            (e) Holding retractors; and

            (f) Assisting in counting sponges, needles, supplies, and instruments.

            2. No person shall practice surgical technology in a health care facility unless such person meets one of the following:

            (1) Has successfully completed an accredited educational program for surgical technologists, and holds and maintains the surgical technologist certification administered by the National Board of Surgical Technology and Surgical Assisting, or its successor entity; or

            (2) Has completed an appropriate training program for surgical technology in the army, navy, air force, marine corps, or coast guard of the United States or in the United States Public Health Service; or

            (3) Provides evidence that such person was employed during the five-year period immediately preceding the effective date of this section to practice surgical technology for not less than two years in a health care facility; or

            (4) Is in the service of the federal government, to the extent such person is performing duties related to such service.

            3. (1) A person qualified to be employed to practice surgical technology in a health care facility under subdivision (1), (2), or (3) of subsection 2 of this section shall annually complete fifteen hours of continuing education to remain qualified for employment.

            (2) A health care facility that employs a person to practice surgical technology shall verify that the person meets the continuing education requirements of subdivision (1) of this subsection and, where applicable, that the person has maintained his or her surgical technologist certification.

            4. A health care facility shall supervise each person employed by the facility to practice surgical technology in accordance with the health care facility's policies and procedures to ensure that such person competently performs delegated tasks intraoperatively and in accordance with this section and all applicable state law.

            5. Nothing in this section shall prohibit any licensed practitioner from performing surgical technology tasks or functions if such licensed practitioner is acting within the scope of his or her license.

            6. The department of health and senior services shall enforce the provisions of this section. The department may promulgate rules to implement this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.