* § 2824. Surgical technology and surgical technologists. 1.\nDefinitions. As used in this section, the following terms shall have the\nfollowing meanings:\n (a) "Healthcare facility" means a general hospital as defined by\nsubdivision ten of section twenty-eight hundred one of this article or a\nhospital as defined by subdivision one of section twenty-eight hundred\none of this article operating as a diagnostic and treatment center\nauthorized to provide ambulatory surgical services.\n (b) "Surgical technologist" means a person who performs surgical\ntechnology other than in the course of practicing as a healthcare\nprofessional.\n (c) "Surgical technology" means the following surgery related tasks\nand functions:\n (i) assisting healthcare professionals to prepare the operating room\nand sterile field for surgical procedures, including assisting\nhealthcare professionals to set up sterile supplies, instruments and\nequipment using sterile technique and ensuring that surgical equipment\nfunction properly and safely;\n (ii) assisting healthcare professionals to move and position patients\nfor surgery;\n (iii) assisting healthcare professionals to perform non-invasive\nprepping of the skin's surface and draping patients for surgery;\n (iv) assisting the surgeon's provision of hemostasis during surgery by\nhanding instruments;\n (v) holding a retractor after placement by a healthcare professional;\n (vi) anticipating instrument needs of a surgeon; and\n (vii) other tasks incidental to surgery that do not fall within the\nscope of practice of a licensed profession, as directed by the surgeon.\nServices that fall within the practice of licensed professions include,\nbut are not limited to:\n (A) retracting tissue to expose the operating field during a surgical\nprocedure;\n (B) administering any medication by any route, including local and\ntopical medications;\n (C) placing hemostatic instruments or devices or applying cautery or\ntying off bleeders;\n (D) applying sutures or assisting with or performing wound closure;\n (E) assisting the surgeon in identifying structures that should not be\nligated; and\n (F) applying wound dressings.\n (d) "Healthcare professional" means a person licensed or certified to\npractice a healthcare profession under title eight of the education law,\nacting within the scope of his or her practice.\n 2. A surgical technologist shall not perform surgical technology\nexcept under the direction and supervision of an appropriately licensed\nhealthcare professional participating in the surgery and acting within\nthe scope of his or her practice to direct and supervise the surgical\ntechnologist.\n 3. Minimum standards for certification of surgical technologists. A\nperson may not function as a surgical technologist in a healthcare\nfacility, and a healthcare facility shall not employ or otherwise\ncontract for the services of a surgical technologist, unless the person\nmeets one of the following:\n (a) has successfully completed a nationally accredited educational\nprogram for surgical technologists and holds and maintains a certified\nsurgical technologist credential administered by a nationally accredited\nsurgical technologist credentialing organization;\n (b) has completed an appropriate training program for surgical\ntechnology in the United States Army, Navy, Air Force, Marine Corps,\nCoast Guard or Public Health Service Commissioned Corps;\n (c) provides evidence that the person was employed as a surgical\ntechnologist in a healthcare facility for a cumulative period of one\nyear, occurring within the four years immediately prior to the effective\ndate of this section. In furtherance of this paragraph, any employer of\npersons performing surgical technology on the effective date of this\nsection shall confirm in writing to each employee his or her employment\nin a capacity performing surgical technology in a healthcare facility as\nof the effective date of this section; or\n (
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