Bill Text: IL SB2915 | 2011-2012 | 97th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the University of Illinois Hospital Act, the Ambulatory Surgical Treatment Center Act, and the Hospital Licensing Act. Provides that every hospital, including the University of Illinois Hospital, and every ambulatory surgical treatment center must employ a surgical technologist or contract for the services of a surgical technologist. Sets forth educational and certification requirements for such surgical technologists. Provides for a waiver of the requirement to employ or contract for the services of a surgical technologist under certain conditions. States that these provisions do not prohibit a facility from employing or contracting for the services of a surgical technologist who meets certain other criteria. Effective January 1, 2014.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-12-28 - Public Act . . . . . . . . . 97-1140 [SB2915 Detail]
Download: Illinois-2011-SB2915-Engrossed.html
Bill Title: Amends the University of Illinois Hospital Act, the Ambulatory Surgical Treatment Center Act, and the Hospital Licensing Act. Provides that every hospital, including the University of Illinois Hospital, and every ambulatory surgical treatment center must employ a surgical technologist or contract for the services of a surgical technologist. Sets forth educational and certification requirements for such surgical technologists. Provides for a waiver of the requirement to employ or contract for the services of a surgical technologist under certain conditions. States that these provisions do not prohibit a facility from employing or contracting for the services of a surgical technologist who meets certain other criteria. Effective January 1, 2014.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2012-12-28 - Public Act . . . . . . . . . 97-1140 [SB2915 Detail]
Download: Illinois-2011-SB2915-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning regulation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Registered Surgical Assistant and | ||||||
5 | Registered Surgical
Technologist Title Protection Act is | ||||||
6 | amended by changing Sections 1, 5, 10, and 50 and by adding | ||||||
7 | Sections 6, 62, and 73 as follows:
| ||||||
8 | (225 ILCS 130/1)
| ||||||
9 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
10 | Sec. 1. Short title. This Act may be cited as the | ||||||
11 | Registered Surgical
Assistant and Registered Surgical | ||||||
12 | Technologist Title Protection Act.
| ||||||
13 | (Source: P.A. 93-280, eff. 7-1-04 )
| ||||||
14 | (225 ILCS 130/5)
| ||||||
15 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
16 | Sec. 5. Legislative purpose. The purpose of this Act is to | ||||||
17 | protect and benefit the public by setting standards of
| ||||||
18 | qualifications, education, training, and experience for those | ||||||
19 | who seek to hold
the title of registered surgical assistant and | ||||||
20 | registered surgical
technologist . The practice of surgical | ||||||
21 | technology in the State of Illinois is hereby declared to | ||||||
22 | affect the public health, safety, and welfare and to be subject |
| |||||||
| |||||||
1 | to regulation and control in the public interest. It is further | ||||||
2 | declared to be a matter of public interest and concern that the | ||||||
3 | practice of surgical technology, as defined in this Act, merit | ||||||
4 | and receive the confidence of the public and that only | ||||||
5 | qualified persons be authorized to practice surgical | ||||||
6 | technology in the State of Illinois. This Act shall be | ||||||
7 | liberally construed to best carry out these subjects and | ||||||
8 | purposes.
| ||||||
9 | (Source: P.A. 93-280, eff. 7-1-04 .)
| ||||||
10 | (225 ILCS 130/6 new) | ||||||
11 | Sec. 6. Registration as a surgical technologist. No person | ||||||
12 | shall practice or attempt to practice surgical technology, as | ||||||
13 | defined in this Act, without a valid registration as a surgical | ||||||
14 | technologist issued by the Department.
| ||||||
15 | (225 ILCS 130/10)
| ||||||
16 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
17 | Sec. 10. Definitions. As used in this Act:
| ||||||
18 | "Department" means the Department of Financial and | ||||||
19 | Professional Regulation.
| ||||||
20 | "Direct supervision" means supervision by an operating | ||||||
21 | physician or other physician licensed to practice medicine in | ||||||
22 | all its branches , licensed
podiatrist, or licensed dentist who | ||||||
23 | is
physically present and who personally directs delegated acts | ||||||
24 | and remains
available to personally respond to an emergency |
| |||||||
| |||||||
1 | until the patient
is released from the operating room.
A | ||||||
2 | registered professional nurse may
also
provide direct | ||||||
3 | supervision within the scope of his or her license. A
| ||||||
4 | registered surgical assistant or registered surgical | ||||||
5 | technologist shall perform
duties as assigned.
| ||||||
6 | "Director" means the Director of Professional Regulation.
| ||||||
7 | "Physician" or "operating physician" means a person | ||||||
8 | licensed to practice
medicine in all of
its branches under the | ||||||
9 | Medical Practice Act of 1987.
| ||||||
10 | "Registered surgical assistant" means a person who (i) is | ||||||
11 | not
licensed to
practice
medicine in all of its branches, (ii) | ||||||
12 | is certified by the National Surgical
Assistant
Association on | ||||||
13 | the Certification of Surgical Assistants, the Liaison Council
| ||||||
14 | on
Certification for the Surgical Technologist as a certified | ||||||
15 | first assistant, or
the American Board of Surgical Assisting, | ||||||
16 | (iii) performs duties under direct
supervision, (iv) provides | ||||||
17 | services only in a licensed hospital, ambulatory
treatment | ||||||
18 | center, or office of a physician licensed to practice medicine | ||||||
19 | in all
its branches, and (v) is registered
under this Act.
| ||||||
20 | "Registered surgical technologist" means a person who | ||||||
21 | meets the requirements of Section 50 of this Act, performs | ||||||
22 | duties under direct supervision, (i) is not
a physician | ||||||
23 | licensed to
practice
medicine in all of its branches, (ii) is | ||||||
24 | certified by the Liaison Council on
Certification for the | ||||||
25 | Surgical Technologist,
(iii) performs duties under direct | ||||||
26 | supervision, (iv) provides services only in
a licensed |
| |||||||
| |||||||
1 | hospital, ambulatory treatment center, or office of a physician
| ||||||
2 | licensed to practice medicine in all its branches, and (v) is | ||||||
3 | registered
under this Act.
| ||||||
4 | "Surgical technology" means intraoperative surgical | ||||||
5 | patient care that may include the following: preparing the | ||||||
6 | operating room for surgical procedures; preparing sterile | ||||||
7 | supplies, instruments, and equipment using sterile technique; | ||||||
8 | and performing, as directed, tasks at the sterile field to | ||||||
9 | assist in the surgical procedure. | ||||||
10 | (Source: P.A. 93-280, eff. 7-1-04 .)
| ||||||
11 | (225 ILCS 130/50)
| ||||||
12 | (Section scheduled to be repealed on January 1, 2014)
| ||||||
13 | Sec. 50. Registration requirements; surgical technologist. | ||||||
14 | A person
shall qualify for registration as a surgical | ||||||
15 | technologist if he or she has
applied in writing on the
| ||||||
16 | prescribed form, has paid the required fees, and meets all of | ||||||
17 | the following
requirements:
| ||||||
18 | (1) Is at least 18 years of age.
| ||||||
19 | (2) Has not violated a provision of Section 95 of this | ||||||
20 | Act. In addition
the
Department may take into consideration | ||||||
21 | any felony conviction of the applicant,
but a
conviction | ||||||
22 | shall not operate as an absolute bar to registration.
| ||||||
23 | (3) Has completed a nationally accredited surgical | ||||||
24 | technology technologist program approved by the
Department | ||||||
25 | or a surgical technology program provided by the United |
| |||||||
| |||||||
1 | States Army, Navy, Air Force, Marine Corps, or Coast Guard, | ||||||
2 | or the commissioned corps of the United States Public | ||||||
3 | Health Service .
| ||||||
4 | (4) Provides proof of certification as a certified | ||||||
5 | surgical technologist or other surgical technology | ||||||
6 | certification issued by a nationally accredited | ||||||
7 | credentialing organization as approved by the Department. | ||||||
8 | Individuals practicing surgical technology prior to July | ||||||
9 | 1, 2014 shall be considered to have met the requirements of | ||||||
10 | this paragraph. Has successfully
completed the surgical | ||||||
11 | technologist national certification examination provided
| ||||||
12 | by the Liaison Council on Certification for the Surgical | ||||||
13 | Technologist or its
successor agency.
| ||||||
14 | (5) (Blank).
| ||||||
15 | (6) (Blank). Is currently certified by
the Liaison | ||||||
16 | Council on Certification for the Surgical Technologist or | ||||||
17 | its
successor agency and has met the requirements set forth | ||||||
18 | for certification.
| ||||||
19 | (Source: P.A. 93-280, eff. 7-1-04 ; revised 11-18-11.)
| ||||||
20 | (225 ILCS 130/62 new) | ||||||
21 | Sec. 62. Continuing education. The Department may adopt | ||||||
22 | rules for continuing education for persons registered under | ||||||
23 | this Act that require a completion of 30 hours of approved | ||||||
24 | continuing education per registration renewal period. The | ||||||
25 | Department shall establish by rule a means for the verification |
| |||||||
| |||||||
1 | of completion of the continuing education required by this | ||||||
2 | Section. This verification may be accomplished through audits | ||||||
3 | of records maintained by the registrant, by requiring the | ||||||
4 | filing of continuing education certificates with the | ||||||
5 | Department, or by other means established by the Department.
| ||||||
6 | (225 ILCS 130/73 new) | ||||||
7 | Sec. 73. Unregistered practice; violation; civil penalty. | ||||||
8 | (a) Any person who practices, offers to practice, attempts | ||||||
9 | to practice, or holds oneself out to practice surgical | ||||||
10 | technology without being registered under this Act or any | ||||||
11 | individual or entity that causes or attempts to cause a | ||||||
12 | registered surgical technologist or any other person under that | ||||||
13 | individual's or entity's control to violate this Act or any | ||||||
14 | other State or federal law or rule related to the practice of | ||||||
15 | surgical technology shall, in addition to any other penalty | ||||||
16 | provided by law, pay a civil penalty to the Department in an | ||||||
17 | amount not to exceed $10,000 for each offense as determined by | ||||||
18 | the Department. The civil penalty shall be assessed by the | ||||||
19 | Department after a hearing is held in accordance with the | ||||||
20 | provisions set forth in this Act regarding the provision of a | ||||||
21 | hearing for the discipline of a registrant. | ||||||
22 | (b) The Department has the authority and power to | ||||||
23 | investigate any and all unregistered activity. | ||||||
24 | (c) The civil penalty shall be paid within 60 days after | ||||||
25 | the effective date of the order imposing the civil penalty. The |
| |||||||
| |||||||
1 | order shall constitute a judgment and may be filed and | ||||||
2 | execution had thereon in the same manner as any judgment from | ||||||
3 | any court of record.
| ||||||
4 | Section 99. Effective date. This Act takes effect July 1, | ||||||
5 | 2014.
|