SB-0605, As Passed Senate, November 12, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 605

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 20135.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20135. (1) A freestanding surgical outpatient facility or

 

hospital licensed under this article that performs surgical

 

procedures in an operating room of the facility or hospital shall

 

do all of the following:

 

     (a) Develop and maintain effective policies and procedures

 

regarding surgical privileges, maintenance of the operating rooms,

 

and evaluation of the surgical patient.

 

     (b) Meet the requirements of the conditions of participation

 

established under 42 CFR 482.51 as they apply to registered

 

professional nurses performing circulating duties in the operating

 

room and as provided in the interpretive guidelines published by

 

the United States department of health and human services.

 

     (2) The freestanding surgical outpatient facility or hospital

 

described in subsection (1) may assign a qualified registered

 

professional nurse to be present in the operating room for the

 

duration of each surgical procedure. This subsection does not

 

prevent a qualified registered professional nurse who is performing

 

circulating duties from leaving the operating room as part of the

 

surgical procedure, leaving the operating room for short periods,

 

or, under employee rules or regulations, being relieved during a

 

surgical procedure by another qualified registered professional

 

nurse who is assigned to continue performing circulating duties for

 

that surgical procedure.

 

     (3) As used in this section, "registered professional nurse"

 

means that term as defined in section 17201.