Full Text of SB2915 97th General Assembly
SB2915eng 97TH GENERAL ASSEMBLY |
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| 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| 9 | | (Section scheduled to be repealed on January 1, 2014)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| 15 | | (Section scheduled to be repealed on January 1, 2014)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 |
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| 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| 16 | | (Section scheduled to be repealed on January 1, 2014)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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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.
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