Sponsored by:
Senator PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
SYNOPSIS
Exempts certain surgical technologists from general educational and training requirements.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning surgical technologists and amending P.L.2011, c.148.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2011, c.148 (C.26:2H-12.63) is amended to read as follows:
2. No person shall practice surgical technology in a health care facility unless that person:
a. has successfully completed a nationally or regionally accredited educational program for surgical technologists; or
b. holds and maintains a certified surgical technologist credential administered by the National Board of Surgical Technology and Surgical Assisting or its successor, or other nationally recognized credentialing organization; or
c. 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 Commissioned Corps; or
d. provides evidence that the person was employed to practice surgical technology in a health care facility on the effective date of [this act] P.L.2011, c.148 (C.26:2H-12.62 et seq.) or that the person was employed to practice surgical technology in a surgical practice, as defined in subsection g. of section 12 of P.L.1971, c.136 (C.26:2H-12), on the effective date of section 1 of P.L.2017, c.283; or
e. is in the service of the federal government, to the extent that individual is performing surgical technology duties related to that service.
(cf: P.L.2011, c.148, s.2)
2. This act shall take effect immediately and shall be retroactive to the effective date of section 1 of P.L.2017, c.283.
STATEMENT
This bill provides that the training and certification requirements for surgical technologists set forth under current law do not apply to surgical technologists who were employed at a surgical practice on the effective date of section 1 of P.L.2017, c.283, which amended section 12 of P.L.1971, c.136 (C.26:2H-12) to require that surgical practices be licensed by the Department of Health as ambulatory care facilities. Prior to that enactment, surgical practices, which are surgical care facilities with a single operating room, were required to register with the department but were not required to obtain full licensure. As a consequence of the enactment, surgical practices now constitute licensed health care facilities within the meaning of P.L.2011, c.184 (C.26:2H-12.62 et seq.), and surgical technologists employed at the existing surgical practices are now required to demonstrate that they either: completed an accredited surgical technologist educational program; hold and maintain a certified surgical technologist credential; completed a military-based or United States Public Health Service Commissioned Corps surgical technologist training program; are in the service of the federal government; or were employed to practice surgical technology in a licensed health care facility on the effective date of P.L.2011, c.184.
It is the sponsor’s belief that many surgical technologists currently employed at surgical practices will be unable to demonstrate compliance with these educational and training requirements. As a result, the enactment of P.L.2017, c.283 may require surgical practices to terminate the employment of any noncompliant surgical technologists, potentially resulting in significant job loss and affecting the ability of surgical practices to provide surgical services, which may in turn result in adverse health consequences for individuals who require medically necessary surgical treatment. It is the sponsor’s belief that this legislation is necessary to prevent job loss, avoid disruption of planned, scheduled surgeries, and ensure patients in New Jersey have uninterrupted access to surgical care.
Surgical technologists provide a variety of essential support services before, during, and after surgery, including preparing the operating room, assisting with equipment and supply counts, and assisting during surgical procedures by passing supplies and equipment, sponging, suctioning, and irrigating the surgical area, handling specimens, holding retractors and other instruments, applying electrocautery, and applying dressings to closed wounds.