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.