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Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-259-surgical-technologists-at-health-care-facilities

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 259. SURGICAL TECHNOLOGISTS

AT HEALTH CARE FACILITIES

Sec. 259.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of State Health Services.

(2) "Surgical technologist" means a person who practices

surgical technology.

(3) "Surgical technology" means intraoperative surgical patient

care as follows:

(A) preparing the operating room for surgical procedures by

ensuring that surgical equipment is functioning properly and

safely;

(B) preparing the operating room and the sterile field for

surgical procedures by preparing sterile supplies, instruments,

and equipment using sterile technique;

(C) anticipating the needs of the surgical team based on

knowledge of human anatomy and pathophysiology and how they

relate to the surgical patient and the patient's surgical

procedure;

(D) as directed in an operating room setting, performing the

following tasks at the sterile field:

(i) passing supplies, equipment, or instruments;

(ii) sponging or suctioning an operative site;

(iii) preparing and cutting suture material;

(iv) transferring and pouring irrigation fluids;

(v) transferring but not administering drugs within the sterile

field;

(vi) handling specimens;

(vii) holding retractors and other instruments;

(viii) applying electrocautery to clamps on bleeders;

(ix) connecting drains to suction apparatus;

(x) applying dressings to closed wounds; and

(xi) assisting in counting sponges, needles, supplies, and

instruments with the registered nurse circulator;

(E) cleaning and preparing instruments for sterilization on

completion of the surgery; and

(F) assisting the surgical team with cleaning of the operating

room on completion of the surgery.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.002. REQUIREMENTS FOR PRACTICING SURGICAL TECHNOLOGY.

(a) A health care facility licensed by the department under this

subtitle or owned or operated by the state may not employ a

person to practice surgical technology in that health care

facility unless that person provides evidence that the person:

(1) has successfully completed an accredited educational program

for surgical technologists and holds and maintains certification

as a surgical technologist by:

(A) the National Board of Surgical Technology and Surgical

Assisting or its successor;

(B) the National Center for Competency Testing or its successor;

or

(C) another surgical technologist certification program approved

by the department;

(2) has completed an appropriate training program for surgical

technology in the army, navy, air force, marine corps, or coast

guard of the United States or in the United States Public Health

Service;

(3) was employed to practice surgical technology in a health

care facility before September 1, 2009; or

(4) is in the service of the federal government, to the extent

the person is performing duties related to that service.

(b) Notwithstanding Subsection (a), a health care facility may

employ a person to practice surgical technology at that health

care facility from the date the person graduates from an

accredited educational program for surgical technologists until

the 180th day after the date of graduation. The person may not

continue to practice surgical technology after the 180th day

after the date of graduation without showing documentation to the

health care facility that the person holds and maintains the

surgical technologist certification required by Subsection

(a)(1).

(c) Notwithstanding Subsection (a), a health care facility may

employ a surgical technologist who does not meet the requirements

of this section if:

(1) after a diligent and thorough effort has been made, the

health care facility is unable to employ a sufficient number of

qualified surgical technologists who meet the requirements of

this section; and

(2) the health care facility makes a written record of its

efforts under Subdivision (1) and retains the record at the

health care facility.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.003. SUPERVISION OF SURGICAL TECHNOLOGISTS. This

chapter does not repeal or modify any law relating to the

supervision of surgical technologists.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.004. OTHER LICENSED PRACTITIONERS. This chapter does

not prohibit a licensed practitioner from performing a task or

function within the scope of the practitioner's license.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.005. APPLICABILITY. This chapter does not apply to:

(1) a licensed registered nurse or a licensed vocational nurse;

or

(2) the employment by a health care facility of an individual

whose primary functions include the cleaning or sterilization of

supplies, instruments, equipment, or operating rooms.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.006. ENFORCEMENT. (a) The department may adopt rules

to administer and enforce this chapter.

(b) A health care facility that violates Section 259.002 is

subject to an administrative penalty, a civil penalty, or other

disciplinary action, as applicable, in the same manner as if the

facility violated the chapter under which the facility is

licensed.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-259-surgical-technologists-at-health-care-facilities

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 259. SURGICAL TECHNOLOGISTS

AT HEALTH CARE FACILITIES

Sec. 259.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of State Health Services.

(2) "Surgical technologist" means a person who practices

surgical technology.

(3) "Surgical technology" means intraoperative surgical patient

care as follows:

(A) preparing the operating room for surgical procedures by

ensuring that surgical equipment is functioning properly and

safely;

(B) preparing the operating room and the sterile field for

surgical procedures by preparing sterile supplies, instruments,

and equipment using sterile technique;

(C) anticipating the needs of the surgical team based on

knowledge of human anatomy and pathophysiology and how they

relate to the surgical patient and the patient's surgical

procedure;

(D) as directed in an operating room setting, performing the

following tasks at the sterile field:

(i) passing supplies, equipment, or instruments;

(ii) sponging or suctioning an operative site;

(iii) preparing and cutting suture material;

(iv) transferring and pouring irrigation fluids;

(v) transferring but not administering drugs within the sterile

field;

(vi) handling specimens;

(vii) holding retractors and other instruments;

(viii) applying electrocautery to clamps on bleeders;

(ix) connecting drains to suction apparatus;

(x) applying dressings to closed wounds; and

(xi) assisting in counting sponges, needles, supplies, and

instruments with the registered nurse circulator;

(E) cleaning and preparing instruments for sterilization on

completion of the surgery; and

(F) assisting the surgical team with cleaning of the operating

room on completion of the surgery.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.002. REQUIREMENTS FOR PRACTICING SURGICAL TECHNOLOGY.

(a) A health care facility licensed by the department under this

subtitle or owned or operated by the state may not employ a

person to practice surgical technology in that health care

facility unless that person provides evidence that the person:

(1) has successfully completed an accredited educational program

for surgical technologists and holds and maintains certification

as a surgical technologist by:

(A) the National Board of Surgical Technology and Surgical

Assisting or its successor;

(B) the National Center for Competency Testing or its successor;

or

(C) another surgical technologist certification program approved

by the department;

(2) has completed an appropriate training program for surgical

technology in the army, navy, air force, marine corps, or coast

guard of the United States or in the United States Public Health

Service;

(3) was employed to practice surgical technology in a health

care facility before September 1, 2009; or

(4) is in the service of the federal government, to the extent

the person is performing duties related to that service.

(b) Notwithstanding Subsection (a), a health care facility may

employ a person to practice surgical technology at that health

care facility from the date the person graduates from an

accredited educational program for surgical technologists until

the 180th day after the date of graduation. The person may not

continue to practice surgical technology after the 180th day

after the date of graduation without showing documentation to the

health care facility that the person holds and maintains the

surgical technologist certification required by Subsection

(a)(1).

(c) Notwithstanding Subsection (a), a health care facility may

employ a surgical technologist who does not meet the requirements

of this section if:

(1) after a diligent and thorough effort has been made, the

health care facility is unable to employ a sufficient number of

qualified surgical technologists who meet the requirements of

this section; and

(2) the health care facility makes a written record of its

efforts under Subdivision (1) and retains the record at the

health care facility.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.003. SUPERVISION OF SURGICAL TECHNOLOGISTS. This

chapter does not repeal or modify any law relating to the

supervision of surgical technologists.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.004. OTHER LICENSED PRACTITIONERS. This chapter does

not prohibit a licensed practitioner from performing a task or

function within the scope of the practitioner's license.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.005. APPLICABILITY. This chapter does not apply to:

(1) a licensed registered nurse or a licensed vocational nurse;

or

(2) the employment by a health care facility of an individual

whose primary functions include the cleaning or sterilization of

supplies, instruments, equipment, or operating rooms.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.006. ENFORCEMENT. (a) The department may adopt rules

to administer and enforce this chapter.

(b) A health care facility that violates Section 259.002 is

subject to an administrative penalty, a civil penalty, or other

disciplinary action, as applicable, in the same manner as if the

facility violated the chapter under which the facility is

licensed.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.


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State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-4-health-facilities > Chapter-259-surgical-technologists-at-health-care-facilities

HEALTH AND SAFETY CODE

TITLE 4. HEALTH FACILITIES

SUBTITLE B. LICENSING OF HEALTH FACILITIES

CHAPTER 259. SURGICAL TECHNOLOGISTS

AT HEALTH CARE FACILITIES

Sec. 259.001. DEFINITIONS. In this chapter:

(1) "Department" means the Department of State Health Services.

(2) "Surgical technologist" means a person who practices

surgical technology.

(3) "Surgical technology" means intraoperative surgical patient

care as follows:

(A) preparing the operating room for surgical procedures by

ensuring that surgical equipment is functioning properly and

safely;

(B) preparing the operating room and the sterile field for

surgical procedures by preparing sterile supplies, instruments,

and equipment using sterile technique;

(C) anticipating the needs of the surgical team based on

knowledge of human anatomy and pathophysiology and how they

relate to the surgical patient and the patient's surgical

procedure;

(D) as directed in an operating room setting, performing the

following tasks at the sterile field:

(i) passing supplies, equipment, or instruments;

(ii) sponging or suctioning an operative site;

(iii) preparing and cutting suture material;

(iv) transferring and pouring irrigation fluids;

(v) transferring but not administering drugs within the sterile

field;

(vi) handling specimens;

(vii) holding retractors and other instruments;

(viii) applying electrocautery to clamps on bleeders;

(ix) connecting drains to suction apparatus;

(x) applying dressings to closed wounds; and

(xi) assisting in counting sponges, needles, supplies, and

instruments with the registered nurse circulator;

(E) cleaning and preparing instruments for sterilization on

completion of the surgery; and

(F) assisting the surgical team with cleaning of the operating

room on completion of the surgery.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.002. REQUIREMENTS FOR PRACTICING SURGICAL TECHNOLOGY.

(a) A health care facility licensed by the department under this

subtitle or owned or operated by the state may not employ a

person to practice surgical technology in that health care

facility unless that person provides evidence that the person:

(1) has successfully completed an accredited educational program

for surgical technologists and holds and maintains certification

as a surgical technologist by:

(A) the National Board of Surgical Technology and Surgical

Assisting or its successor;

(B) the National Center for Competency Testing or its successor;

or

(C) another surgical technologist certification program approved

by the department;

(2) has completed an appropriate training program for surgical

technology in the army, navy, air force, marine corps, or coast

guard of the United States or in the United States Public Health

Service;

(3) was employed to practice surgical technology in a health

care facility before September 1, 2009; or

(4) is in the service of the federal government, to the extent

the person is performing duties related to that service.

(b) Notwithstanding Subsection (a), a health care facility may

employ a person to practice surgical technology at that health

care facility from the date the person graduates from an

accredited educational program for surgical technologists until

the 180th day after the date of graduation. The person may not

continue to practice surgical technology after the 180th day

after the date of graduation without showing documentation to the

health care facility that the person holds and maintains the

surgical technologist certification required by Subsection

(a)(1).

(c) Notwithstanding Subsection (a), a health care facility may

employ a surgical technologist who does not meet the requirements

of this section if:

(1) after a diligent and thorough effort has been made, the

health care facility is unable to employ a sufficient number of

qualified surgical technologists who meet the requirements of

this section; and

(2) the health care facility makes a written record of its

efforts under Subdivision (1) and retains the record at the

health care facility.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.003. SUPERVISION OF SURGICAL TECHNOLOGISTS. This

chapter does not repeal or modify any law relating to the

supervision of surgical technologists.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.004. OTHER LICENSED PRACTITIONERS. This chapter does

not prohibit a licensed practitioner from performing a task or

function within the scope of the practitioner's license.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.005. APPLICABILITY. This chapter does not apply to:

(1) a licensed registered nurse or a licensed vocational nurse;

or

(2) the employment by a health care facility of an individual

whose primary functions include the cleaning or sterilization of

supplies, instruments, equipment, or operating rooms.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.

Sec. 259.006. ENFORCEMENT. (a) The department may adopt rules

to administer and enforce this chapter.

(b) A health care facility that violates Section 259.002 is

subject to an administrative penalty, a civil penalty, or other

disciplinary action, as applicable, in the same manner as if the

facility violated the chapter under which the facility is

licensed.

Added by Acts 2009, 81st Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2009.


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