Full Text of SB1749 97th General Assembly
SB1749sam001 97TH GENERAL ASSEMBLY | Sen. M. Maggie Crotty Filed: 3/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 1749
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1749 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Registered Surgical Assistant and | 5 | | Registered Surgical
Technologist Title Protection Act is | 6 | | amended by changing Sections 10, 40, and 50 as follows:
| 7 | | (225 ILCS 130/10)
| 8 | | (Section scheduled to be repealed on January 1, 2014)
| 9 | | Sec. 10. Definitions. As used in this Act:
| 10 | | "Department" means the Department of Professional | 11 | | Regulation.
| 12 | | "Direct supervision" means supervision by an operating | 13 | | physician, licensed
podiatrist, or licensed dentist who is
| 14 | | physically present and who personally directs delegated acts | 15 | | and remains
available to personally respond to an emergency | 16 | | until the patient
is released from the operating room.
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| 1 | | registered professional nurse may
also
provide direct | 2 | | supervision within the scope of his or her license. A
| 3 | | registered surgical assistant or registered surgical | 4 | | technologist shall perform
duties as assigned.
| 5 | | "Director" means the Director of Professional Regulation.
| 6 | | "Physician" or "operating physician" means a person | 7 | | licensed to practice
medicine in all of
its branches under the | 8 | | Medical Practice Act of 1987.
| 9 | | "Registered surgical assistant" means a person who (i) is | 10 | | not
licensed to
practice
medicine in all of its branches, (ii) | 11 | | is certified by the National Surgical
Assistant
Association on | 12 | | the Certification of Surgical Assistants, the Liaison Council
| 13 | | on
Certification for the Surgical Technologist as a certified | 14 | | first assistant, or
the American Board of Surgical Assisting, | 15 | | (iii) performs duties under direct
supervision, (iv) provides | 16 | | services only in a licensed hospital, ambulatory
treatment | 17 | | center, or office of a physician licensed to practice medicine | 18 | | in all
its branches, and (v) is registered
under this Act.
| 19 | | "Registered surgical technologist" means a person who (i) | 20 | | is not
a physician licensed to
practice
medicine in all of its | 21 | | branches, (ii) is certified by the National Board of Surgical | 22 | | Technology and Surgical Assisting or is otherwise qualified | 23 | | under this Act, Liaison Council on
Certification for the | 24 | | Surgical Technologist,
(iii) performs duties , tasks, and | 25 | | functions under direct supervision, including, but not limited | 26 | | to, preparing the operating room for surgical procedures by |
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| 1 | | ensuring that the surgical equipment is functioning properly | 2 | | and safely, preparing the operating room and sterile field | 3 | | using sterile technique, and performing, as directed, tasks at | 4 | | the sterile field to assist in the surgical procedure, (iv) | 5 | | provides services only in
a licensed hospital, ambulatory | 6 | | treatment center, or office of a physician
licensed to practice | 7 | | medicine in all its branches, and (v) is registered
under this | 8 | | Act.
| 9 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 10 | | (225 ILCS 130/40)
| 11 | | (Section scheduled to be repealed on January 1, 2014)
| 12 | | Sec. 40. Application of Act. This Act shall not be | 13 | | construed to
prohibit
the following:
| 14 | | (1) A person licensed in this State under any other Act | 15 | | from engaging in
the practice for which he or she is | 16 | | licensed, including but not limited to a
physician licensed | 17 | | to practice medicine in all its branches, physician
| 18 | | assistant, advanced practice registered nurse, or nurse | 19 | | performing
surgery-related tasks within the scope
of his or | 20 | | her license, nor are these individuals required to be | 21 | | registered
under this Act.
| 22 | | (2) A person from engaging in practice as a surgical
| 23 | | assistant or surgical technologist in the
discharge of his | 24 | | or her official duties as an employee of the United
States | 25 | | government.
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| 1 | | (3) One or more registered surgical assistants from | 2 | | forming a
professional
service corporation in accordance | 3 | | with the Professional Service
Corporation Act and applying | 4 | | for licensure as a corporation providing
surgical | 5 | | assistant services.
| 6 | | (4) A student engaging in practice as a surgical | 7 | | assistant or surgical
technologist under the
direct | 8 | | supervision of a physician licensed to practice medicine in | 9 | | all of its
branches as part of
his or her program of study | 10 | | at a school
approved by the Department or in preparation to | 11 | | qualify for the examination
as prescribed under Sections 45 | 12 | | and 50 of this
Act.
| 13 | | (5) A person from assisting in surgery at an operating
| 14 | | physician's discretion, including but not limited to | 15 | | medical students and
residents, nor are medical students | 16 | | and residents required to be registered
under this Act.
| 17 | | (6) A hospital, health system or network, ambulatory | 18 | | surgical treatment
center, physician licensed to practice | 19 | | medicine in all its branches,
physician medical group, or | 20 | | other entity that
provides surgery-related services from | 21 | | employing individuals that the
entity considers competent | 22 | | to practice as surgical assistants assist in surgery . These | 23 | | entities are not
required to utilize registered surgical | 24 | | assistants or registered surgical
technologists when | 25 | | providing surgery-related services to patients.
Nothing in | 26 | | this subsection shall be construed to limit the ability of |
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| 1 | | an
employer to utilize the services of any person to | 2 | | practice as a surgical assistant and assist in surgery | 3 | | within the
employment setting consistent with the | 4 | | individual's skill and training.
| 5 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 6 | | (225 ILCS 130/50)
| 7 | | (Section scheduled to be repealed on January 1, 2014)
| 8 | | Sec. 50. Registration requirements; surgical technologist. | 9 | | A person
shall qualify for registration as a surgical | 10 | | technologist if he or she has
applied in writing on the
| 11 | | prescribed form, has paid the required fees, and meets all of | 12 | | the following
requirements:
| 13 | | (1) Is at least 18 years of age.
| 14 | | (2) Has not violated a provision of Section 95 of this | 15 | | Act. In addition
the
Department may take into consideration | 16 | | any felony conviction of the applicant,
but a
conviction | 17 | | shall not operate as an absolute bar to registration.
| 18 | | (3) Satisfies one or more of the following | 19 | | requirements: | 20 | | (A) has Has completed a nationally accredited | 21 | | surgical technologist program approved by the
| 22 | | Department and holds and maintains the certified | 23 | | surgical technologist credential administered by the | 24 | | National Board of Surgical Technology and Surgical | 25 | | Assisting or its successor; |
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| 1 | | (B) is currently certified by the National Board of | 2 | | Surgical Technology and Surgical Assisting or its | 3 | | successor agency and has met the requirements set forth | 4 | | for certification; .
| 5 | | (C) was employed to practice as a surgical | 6 | | technologist by a hospital, ambulatory surgical | 7 | | treatment center, a physician medical group, or other | 8 | | entity that provides surgery-related services on the | 9 | | effective date of this Act; or | 10 | | (D) has successfully completed a surgical | 11 | | technologist program in the Army, Navy, Air Force, | 12 | | Marine Corps, or Coast Guard of the United States or in | 13 | | the United States Public Health Service Commissioned | 14 | | Corps.
| 15 | | (4) (Blank) Has successfully
completed the surgical | 16 | | technologist national certification examination provided
| 17 | | by the Liaison Council on Certification for the Surgical | 18 | | Technologist or its
successor agency .
| 19 | | (6) (Blank) Is currently certified by
the Liaison | 20 | | Council on Certification for the Surgical Technologist or | 21 | | its
successor agency and has met the requirements set forth | 22 | | for certification .
| 23 | | (Source: P.A. 93-280, eff. 7-1-04 .)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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