Nevada 2017 Regular Session Status: Enacted

AB 347 — Establishes certain requirements relating to surgical technologists. (BDR 40-721)

Last action — Approved by the Governor. Chapter 78.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2017. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 50% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

475 added · 503 removed

475 line(s) added, 503 removed.

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A.B.
Assembly Bill No.
347 A SSEMBLY B ILLN O.
347–Assemblywoman Joiner CHAPTER..........
347–A SSEMBLYWOMAN JOINER M ARCH 20, 2017 ____________ Referred to Committee on Health and Human Services SUMMARY—Establishes certain requirements relating to surgical technologists.
(BDR 40-721) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Behavioral Health of the Department of Health and Human Services to license andnd regulate medical facilities, including hospitals, independent centers for emergency medical care, psychiatric hospitals and surgical centers for ambulatory patients.
Existing law requires the State Board of Health and the Division of Public and Behavioral Health of the Department of Health and Human Services to license and regulate medical facilities, including hospitals, independent centers for emergency (NRS 449.030, 449.0302) Section 2 of this bill defines the term “practice ofents.
(NRS 449.030, 449.0302) Section 2 of this bill defines the term “practice of surgical technology” to mean performing tasks in preparation for surgery and providing certain care in collaboration with a team of health care providers and independent center for emergency care, psychiatric hospital or surgical center for ambulatory patients from employing or otherwise allowing a person to practice surgical technology at the facility unless the person is a Certified Surgical Technologist or possesses certain other qualifications.
surgical technology” to mean performing tasks in preparation for surgery and providing certain care in collaboration with a team of health care providers and other persons to assist with surgery.
Section 4 also authorizes such a facility to employ or allow a person who does not possess such qualifications to engage in the practice of surgical technology if:
Section 4 of this bill prohibits a hospital, independent center for emergency care, psychiatric hospital or surgical center for ambulatory patients from employing or otherwise allowing a person to practice surgical technology at the facility unless the person is a Certified Surgical such a facility to employ or allow a person who does not possess sucho authorizes qualifications to engage in the practice of surgical technology if:
(1) the person is a required certification;
(1) the person is a recent graduate of a surgical technology program but has not yet obtained the required certification;
or (2) after a diligent and thorough search, the facility is unable to employ a sufficient number of surgical technologists who meet such - *AB347* – 2 – requirements.
or (2) after a diligent and thorough search, the facility is unable to employ a sufficient number of surgical technologists who meet such requirements.
Section 5 of this bill requires such a facility to ensure that each surgical technologist at the facility successfully completes certain continuing eduSections 6 and 7 of this bill exempt certain facilities and persons, including physician assistants and registered nurses, from the requirements of this bill concerning the qualifications of surgical technologists.
Section 5 of this bill requires such a facility to ensure that each education and maintain certain records.uccessfully completes certain continuing Sections 6 and 7 of this bill exempt certain facilities and persons, including physician assistants and registered nurses, from the requirements of this bill concerning the qualifications of surgical technologists.
- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(7) Transferring drugs to other members of the team;
(8) Handling specimens;to other members of the team;
(8) Handling specimens;
- *AB347* – 3 – (11) Connecting drains and catheters to suction or drainage apparatus;
(11) Connecting drains and catheters to suction or drainage apparatus;
2.
- 79th Session (2017) – 3 – 2.
“Surgical technologist” means a person who is engaged in the practice of surgical technology at a health care facility.
“Surgical technologist” means a person who is engaged in the practice of surgical technology at a health care facSec.
Sec.
A health care facility may employ or otherwise allow a person who has successfully completed a program for surgical technologists that is accredited by a national accrediting organization but who is not certified as a Certified Surgical Technologist pursuant to paragraph (a) of subsection 1 to engage in the practice of surgical technology at the health care facility for 180 days after the date on which the person successfully completed the program.
A health care facility may employ or otherwise allow a person who has successfully completed a program for surgical technologists that is accredited by a national accrediting organization but who is not certified as a Certified Surgical Technologist pursuant to paragraph (a) of subsection 1 to engage in the practice of surgical technology at the health care facility for days after the date on which the person successfully completed the program.
3.
possess the qualifications prescribed by subsection 1 to engage in the practice of surgical technology at the health care facility if, after conducting a thorough and diligent search, the health care facility is unable to employ a sufficient number of surgical technologists who possess such qualifications.
A health care facility may employ a person who does not possess the qualifications prescribed by subsection 1 to engage in the practice of surgical technology at the health care facility if, after conducting a thorough and diligent search, the health care facility is unable to employ a sufficient number of surgical technologists who possess such qualifications.
Except as otherwise provided in section 6 of this act, a health care facility that employs or otherwise allows a person to - *AB347* – 4 – engage in the practice of surgical technology at the health care facility shall:
Except as otherwise provided in section 6 of this act, a health care facility that employs or otherwise allows a person to engage in the practice of surgical technology at the health care facility shall:
Ensure that each such person, including, without limitation, a person who does not possess the qualifications prescribed by subsection 1 of section 4 of this act, successfully completes not less than 15 hours annually of continuing education concerning the practice of surgical technology;
Ensure that each such person, including, without limitation, a person who does not possess the qualifications - 79th Session (2017) – 4 – prescribed by subsection 1 of section 4 of this act, successfully completes not less than 15 hours annually of continuing education concerning the practice of surgical technology;
Maintain records showing that the health care facility is in compliance with this section and section 4 of this act, including, without limitation:
Maintain records showing that the health care facility is in without limitation:s section and section 4 of this act, including, (a) Records of continuing education completed by surgical technologists;
(a) Records of continuing education completed by surgical technologists;
Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
- *AB347* – 5 – (b) Regulations governing the licensing of such facilities and programs.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017.
- 79th Session (2017) – 5 – (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017.
The regulations must require that such grants are effective only if made in writing.
The in writing.
(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
must require that such grants are effective only if made (d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
4.
each medical facility or facility for the dependent providecies of adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.
The - *AB347* – 6 – regulations must require at least the following conditions before such assistance may be given:
The - 79th Session (2017) – 6 – regulations must require at least the following conditions before suc(a) The ultimate user’s physical and mental condition is stable and is following a predictable course.
(a) The ultimate user’s physical and mental condition is stable and is following a predictable course.
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The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services.
The Board shall adopt separate regulations governing the provide assisted living services.
The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:
The Board shall not allow theich licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
(c) The facility provides personalized care to the residents of the incorporates these core principles:o operating the facility (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;
(1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;
- 79th Session (2017) – 7 – (2) The facility is committed to offering high-quality collaboration with the resident to meet the resident’s individual needs;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in - *AB347* – 7 – collaboration with the resident to meet the resident’s individual needs;
and (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
and culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
9.
regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
- 79th Session (2017) – 8 – (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a limitation, plans to ensure that nonambulatory patients may bethout evacuated;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without - *AB347* – 8 – limitation, plans to ensure that nonambulatory patients may be evacuated;
(a) Facilitiesthat only provide a housing and living environment;
(a) Facilities that only provide a housing and living environment;
¬ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
¬ The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be aut11.izeAs used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.
11.
As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.
Except as otherwise provided in this section, the Division may charge and collect from a medical facility or facility for the dependent or a person who operates such a facility without a license issued by the Division the actual costs incurred by the Division for the enforcement of the provisions of NRS 449.030 to 449.2428, inclusive, including, without limitation, the actual cost of conducting an inspection or investigation of the facility.
Except as otherwise provided in this section, the Division may charge and collect from a medical facility or facility - 79th Session (2017) – 9 – for the dependent or a person who operates such a facility without a license issued by the Division the actual costs incurred by the Division for the enforcement of the provisions of NRS 449.030 to 449.2428, inclusive, including, without limitation, the actual cost of con2.ctiThe Division shall not charge and collect the actual cost for enforcement pursuant to subsection 1 if the enforcement activity is:
2.
(a) Related to the issuance or renewal of a license for which the Board charges a fee pursuant to NRS 449.050 or 449.089;
The Division shall not charge and collect the actual cost for enforcement pursuant to subsection 1 if the enforcement activity is:
- *AB347* – 9 – (a) Related to the issuance or renewal of a license for which the Board charges a fee pursuant to NRS 449.050 or 449.089;
(b) Aiding, abetting or permitting the commission of any illegal act.
(b) Aiding, abetting or permitting the commission of any illegal act(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.
In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with - 79th Session (2017) – 10 – respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124;
244.360, 244.3603 or 268.4124;
or (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
or abate a nuisance pursuant to NRS (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
- *AB347* – 10 – 3.
3.
and (b) Any disciplinary actions taken by the Division pursuant to subsection 2.
and (b) Any disciplinary actions taken by the Division pursuant to subSec.
Sec.
12.2.
12.
(c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
- 79th Session (2017) – 11 – (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;
(d) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum;
per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum;
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued - *AB347* – 11 – compliance with the applicable statutes, conditions, standards and regulations;
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations;
The Division may require any facility that violates any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, and sections 2 to 6, inclusive, of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
The Division may require any facility that violates any sections 2 to 6, inclusive, of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any facility within the meaning of NRS 449.030 to 449.2428, inclusive [:] , and sections 2 to 6, inclusive, of this act:
The Division may bring an action in the name of the State to enjoin any person, state or local government unit or - 79th Session (2017) – 12 – agency thereof from operating or maintaining any facility within the meaning of NRS 449.030 to 449.2428, inclusive [:] , and sections 2 to 6, inclusive, of this act:
449.240 The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions - *AB347* – 12 – of NRS 449.030 to 449.245, inclusive [.] , and sections 2 to 6, incSec.
is located shall, upon application by the Division, institute andcility conduct the prosecution of any action for violation of any provisions of NRS 449.030 to 449.245, inclusive [.] , and sections 2 to 6, inclusive, of this act.
15.of NRS 449.241 is hereby amended to read as follows:
Sec.
15.
NRS 449.241 is hereby amended to read as follows:
H - *AB347*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 78.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. Read second time.

  6. From committee: Do pass.

  7. Read first time. Referred to Committee on Health and Human Services. To committee.

  8. In Senate.

  9. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate.

  10. Taken from General File. Placed on General File for next legislative day.

  11. Taken from General File. Placed on General File for next legislative day.

  12. Taken from General File. Placed on General File for next legislative day.

  13. Read second time.

  14. From committee: Do pass.

  15. From printer. To committee.

  16. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

healthcare labor
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Frequently asked questions

Who sponsors AB 347?
AB 347 is sponsored by Amber Joiner.
What is the current status of AB 347?
This bill has been enacted into law. Introduced March 20, 2017. Enacted.
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