N.Y. Public Health Law Section 2824*2
Surgical technology and surgical technologists

1.

Definitions. As used in this section, the following terms shall have the following meanings:

(a)

“Healthcare facility” means a general hospital as defined by subdivision ten of § 2801 (Definitions)section twenty-eight hundred one of this article or a hospital as defined by subdivision one of § 2801 (Definitions)section twenty-eight hundred one of this article operating as a diagnostic and treatment center authorized to provide ambulatory surgical services.

(b)

“Surgical technologist” means a person who performs surgical technology other than in the course of practicing as a healthcare professional.

(c)

“Surgical technology” means the following surgery related tasks and functions:

(i)

assisting healthcare professionals to prepare the operating room and sterile field for surgical procedures, including assisting healthcare professionals to set up sterile supplies, instruments and equipment using sterile technique and ensuring that surgical equipment function properly and safely;

(ii)

assisting healthcare professionals to move and position patients for surgery;

(iii)

assisting healthcare professionals to perform non-invasive prepping of the skin’s surface and draping patients for surgery;

(iv)

assisting the surgeon’s provision of hemostasis during surgery by handing instruments;

(v)

holding a retractor after placement by a healthcare professional;

(vi)

anticipating instrument needs of a surgeon; and

(vii)

other tasks incidental to surgery that do not fall within the scope of practice of a licensed profession, as directed by the surgeon. Services that fall within the practice of licensed professions include, but are not limited to: (A) retracting tissue to expose the operating field during a surgical procedure; (B) administering any medication by any route, including local and topical medications; (C) placing hemostatic instruments or devices or applying cautery or tying off bleeders; (D) applying sutures or assisting with or performing wound closure; (E) assisting the surgeon in identifying structures that should not be ligated; and (F) applying wound dressings.

(d)

“Healthcare professional” means a person licensed or certified to practice a healthcare profession under title eight of the education law, acting within the scope of his or her practice.

2.

A surgical technologist shall not perform surgical technology except under the direction and supervision of an appropriately licensed healthcare professional participating in the surgery and acting within the scope of his or her practice to direct and supervise the surgical technologist.

3.

Minimum standards for certification of surgical technologists. A person may not function as a surgical technologist in a healthcare facility, and a healthcare facility shall not employ or otherwise contract for the services of a surgical technologist, unless the person meets one of the following:

(a)

has successfully completed a nationally accredited educational program for surgical technologists and holds and maintains a certified surgical technologist credential administered by a nationally accredited surgical technologist credentialing organization;

(b)

has completed an appropriate training program for surgical technology in the United States Army, Navy, Air Force, Marine Corps, Coast Guard or Public Health Service Commissioned Corps;

(c)

provides evidence that the person was employed as a surgical technologist in a healthcare facility for a cumulative period of one year, occurring within the four years immediately prior to the effective date of this section. In furtherance of this paragraph, any employer of persons performing surgical technology on the effective date of this section shall confirm in writing to each employee his or her employment in a capacity performing surgical technology in a healthcare facility as of the effective date of this section; or

(d)

is in the service of the federal government, to the extent the person is performing duties related to that service.

4.

A person may be employed or contracted to practice surgical technology during the twelve month period immediately following successful completion of a surgical technology program under paragraph (a) of subdivision three of this section, but may not continue to be employed or contracted with beyond that period without documentation that the employee or contractor holds and maintains a certified surgical technologist credential required in paragraph (a) of subdivision three of this section.

5.

A person who qualifies to function as a surgical technologist in a healthcare facility must annually complete fifteen hours of continuing education to remain qualified to practice as a surgical technologist. A healthcare facility that employs or contracts with a person to practice surgical technology shall verify that the person meets the continuing education requirements of this subdivision.

6.

(a) A surgical technologist shall document in writing good cause that prevents compliance with the continuing education requirement as prescribed in subdivision five of this section, which shall include any of the following reasons: a medical condition which requires an extended leave of absence and is documented by an appropriate healthcare professional, or extended active duty with the armed forces of the United States. If one of these conditions is met, an extension to meeting the continuing education requirement, as prescribed in subdivision five of this section may be granted by:

(i)

the accrediting agency of a surgical technologist qualifying under paragraph (a) of subdivision three of this section; or

(ii)

a healthcare facility for a surgical technologist under paragraph (c) of subdivision three of this section.

(b)

If an extension is granted, a surgical technologist shall complete all past due continuing education requirements within ninety days upon resolution of the medical condition or termination of extended active duty with the armed forces of the United States.

7.

A healthcare facility may employ or otherwise contract with a person who does not meet the requirements of subdivision three of this section to function as a surgical technologist in a healthcare facility if:

(a)

after a diligent and thorough effort has been made, the healthcare facility is unable to employ or contract with a sufficient number of qualified surgical technologists who meet the requirements of this section;

(b)

the healthcare facility makes a written record of its efforts under paragraph (a) of this subdivision and retains the record at the healthcare facility; and

(c)

the person meets the requirements of subdivision three of this section within two years of the start of employment or contracting for the performance of surgical technology.

8.

Nothing in this section shall prohibit any healthcare professional from performing surgical technology tasks or functions if the person is acting within the scope of his or her practice. Nothing in this section shall mean that any individual not licensed pursuant to title eight of the education law may perform tasks or functions limited to the scope of practice of a healthcare professional under such title.

9.

A healthcare facility that employs or contracts with a surgical technologist shall, upon request of another healthcare facility, or upon request of a surgical technologist employed by, formerly employed by or contracted with to perform surgical technology tasks at the healthcare facility, verify the dates of employment or contract of such person.

10.

The commissioner shall promulgate regulations as he or she may deem appropriate to effectuate the purposes of this section. * NB There are 2 § 2824’s

Source: Section 2824*2 — Surgical technology and surgical technologists, https://www.­nysenate.­gov/legislation/laws/PBH/2824*2 (updated Jan. 9, 2015; accessed Oct. 26, 2024).

2800
Declaration of policy and statement of purpose 2801
Definitions 2801‑A
Establishment or incorporation of hospitals 2801‑B
Improper practices in hospital staff appointments and extension of professional privileges prohibited 2801‑C
Injunctions 2801‑D
Private actions by patients of residential health care facilities 2801‑E
Voluntary residential health care facility rightsizing demonstration program 2801‑F
Residential health care facility quality incentive payment program 2801‑G
Community forum on hospital closure 2801‑H
Personal caregiving and compassionate caregiving visitors to nursing home residents during declared local or state health emergencies 2802
Approval of construction 2802‑A
Transitional care unit demonstration program 2802‑B
Health equity impact assessments 2803
Commissioner and council 2803‑A
Authority to contract 2803‑AA
Sickle cell disease information distribution 2803‑AA*2
Nursing home infection control competency audit 2803‑B
Uniform reports and accounting systems for hospital costs 2803‑C
Rights of patients in certain medical facilities 2803‑C‑1
Rights of patients in certain medical facilities 2803‑C‑2
Lesbian, gay, bisexual and transgender, and people living with HIV long-term care facility residents’ bill of rights 2803‑D
Reporting abuses of persons receiving care or services in residential health care facilities 2803‑E
Residential health care facilities 2803‑E*2
Reporting incidents of possible professional misconduct 2803‑F
Respite projects 2803‑G
Board of visitors in county owned residential health care facility 2803‑H
Health related facility 2803‑I
General hospital inpatient discharge review program 2803‑J
Information for maternity patients 2803‑J*2
Nursing home nurse aide registry 2803‑K
In-patient nasogastric feeding procedures 2803‑L
Community service plans 2803‑M
Discharge of hospital patients to adult homes 2803‑N
Hospital care for maternity patients 2803‑O
Hospital care for mastectomy, lumpectomy, and lymph node dissection patients 2803‑O‑1
Required protocols for fetal demise 2803‑P
Disclosure of information concerning family violence 2803‑Q
Family councils in residential health care facilities 2803‑R
Dissemination of information about the abandoned infant protection act 2803‑S
Access to product recall information 2803‑T
Preadmission information 2803‑U
Hospital substance use disorder policies and procedures 2803‑V
Lymphedema information distribution 2803‑V*2
Standing orders for newborn care in a hospital 2803‑W
Independent quality monitors for residential health care facilities 2803‑W*2
Disclosure of information concerning pregnancy complications 2803‑X
Requirements related to nursing homes and related assets and operations 2803‑Y
Provision of residency agreement 2803‑Z
Transfer, discharge and voluntary discharge requirements for residential health care facilities 2803‑Z*2
Antimicrobial resistance prevention and education 2804
Units for hospital and health-related affairs 2804‑A
State task force on clinical practice guidelines and medical technology assessment 2805
Approval of hospitals 2805‑A
Disclosure of financial transactions 2805‑B
Admission of patients and emergency treatment of nonadmitted patients 2805‑C
Every private proprietary nursing home having a capacity of eighty patients or more may have a licensed medical doctor in attendance, upo... 2805‑D
Limitation of medical, dental or podiatric malpractice action based on lack of informed consent 2805‑E
Reports of residential health care facilities 2805‑F
Money deposited or advanced for admittance to nursing homes 2805‑G
Maintenance of records 2805‑H
Immunizations 2805‑I
Treatment of sexual offense victims and maintenance of evidence in a sexual offense 2805‑J
Medical, dental and podiatric malpractice prevention program 2805‑K
Investigations prior to granting or renewing privileges 2805‑L
Adverse event reporting 2805‑M
Confidentiality 2805‑N
Child abuse prevention 2805‑O
Identification of veterans and their spouses by nursing homes, residential health care facilities, and adult care facilities 2805‑P
Emergency treatment of rape survivors 2805‑Q
Hospital visitation by domestic partner 2805‑R
Patients unable to verbally communicate 2805‑S
Circulating nurse required 2805‑T
Clinical staffing committees and disclosure of nursing quality indicators 2805‑U
Credentialing and privileging of health care practitioners providing telemedicine services 2805‑V
Observation services 2805‑W
Patient notice of observation services 2805‑X
Hospital-home care-physician collaboration program 2805‑Y
Identification and assessment of human trafficking victims 2805‑Z
Hospital domestic violence policies and procedures 2806
Hospital operating certificates 2806‑A
Temporary operator 2806‑B
Residential health care facilities 2807
Hospital reimbursement provisions 2807‑A
General hospital nineteen hundred eighty-six and nineteen hundred eighty-seven inpatient rates and charges 2807‑AA
Nurse loan repayment program 2807‑B
Outstanding payments and reports due under subdivision eighteen of section twenty-eight hundred seven-c, sections twenty-eight hundred se... 2807‑C
General hospital inpatient reimbursement for annual rate periods beginning on or after January first, nineteen hundred eighty-eight 2807‑D
Hospital assessments 2807‑D‑1
Hospital quality contributions 2807‑DD
Temporary nursing home stability contributions 2807‑E
Uniform bills 2807‑F
Health maintenance organization payment factor 2807‑FF
New York managed care organization provider tax 2807‑I
Service and quality improvement grants 2807‑J
Patient services payments 2807‑K
General hospital indigent care pool 2807‑L
Health care initiatives pool distributions 2807‑M
Distribution of the professional education pools 2807‑N
Palliative care education and training 2807‑O
Early intervention services pool 2807‑P
Comprehensive diagnostic and treatment centers indigent care program 2807‑R
Funding for expansion of cancer services 2807‑S
Professional education pool funding 2807‑T
Assessments on covered lives 2807‑U
Transfers for tax credits 2807‑V
Tobacco control and insurance initiatives pool distributions 2807‑W
High need indigent care adjustment pool 2807‑X
Grants for long term care demonstration projects 2807‑Y
Pool administration 2807‑Z
Review of eligible federally qualified health center capital projects 2808
Residential health care facilities 2808‑A
Liability of certain persons 2808‑B
Certification of financial statements and financial information 2808‑C
Reimbursement of general hospital inpatient services 2808‑D
Nursing home quality improvement demonstration program 2808‑E
Residential health care for children with medical fragility in transition to young adults and young adults with medical fragility demonst... 2808‑E*2
Nursing home ratings 2809
Residential health care facilities 2810
Residential health care facilities 2811
Discounts and splitting fees with medical referral services 2812
Construction 2813
Separability 2814
Health networks, global budgeting, and health care demonstrations 2815
Health facility restructuring program 2815‑A
Community health care revolving capital fund 2816
Statewide planning and research cooperative system 2816‑A
Cardiac services information 2817
Community health centers capital program 2818
Health care efficiency and affordability law of New Yorkers (HEAL NY) capital grant program 2819
Hospital acquired infection reporting 2820
Home based primary care for the elderly demonstration project 2821
State electronic health records (EHR) loan program 2822
Residential care off-site facility demonstration project 2823
Supportive housing development program 2824
Central service technicians 2824*2
Surgical technology and surgical technologists 2825
Capital restructuring financing program 2825‑A
Health care facility transformation program: Kings county project 2825‑B
Oneida county health care facility transformation program: Oneida county project 2825‑C
Essential health care provider support program 2825‑D
Health care facility transformation program: statewide 2825‑E
Health care facility transformation program: statewide II 2825‑F
Health care facility transformation program: statewide III 2825‑G
Health care facility transformation program: statewide IV 2825‑H
Health care facility transformation program: statewide V 2825‑I
Healthcare safety net transformation program 2826
Temporary adjustment to reimbursement rates 2827
Plant-based food options 2828
Residential health care facilities 2828*2
Essential support persons allowed for individuals with disabilities during a state of emergency 2829
Nursing homes 2830
Surgical smoke evacuation 2830*2
Regulation of the billing of facility fees
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Jan. 9, 2015

§ 2824*2’s source at nysenate​.gov

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