January 11, 2006, Introduced by Rep. Stakoe and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 20174.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20174. (1) Except as otherwise provided under this
section, a hospital, freestanding surgical outpatient facility, or
any other similar entity that utilizes surgical technologists shall
not employ, independently contract with, or grant clinical
privileges to an individual as a surgical technologist unless that
individual satisfies each of the following:
(a) Holds a national certification established by the liaison
council on certification for the surgical technologist.
(b) Has completed a program for surgical technology accredited
by the commission on accreditation of allied health education
programs.
(c) Has completed an accredited training program for surgical
technologists in the armed forces or in a hospital or freestanding
surgical outpatient facility.
(d) Has successfully completed the surgical technologist
certifying exam approved by the liaison council on certification
for the surgical technologist.
(2) Subsection (1) does not apply to an individual who is
employed by or under contract with the federal government or who is
currently employed by or under contract with a hospital,
freestanding surgical outpatient facility, or other entity and has
been employed by or under contract with that entity for not less
than 18 months over the course of the 3 years immediately preceding
the effective date of the amendatory act that added this section.
(3) A hospital, freestanding surgical outpatient facility, or
other similar entity that utilizes surgical technologists may
petition the director of the department for a waiver from the
requirements of subsection (1) if that entity is unable to employ a
sufficient number of surgical technologists who meet the
requirements of subsection (1). The director shall grant the waiver
if the hospital, freestanding surgical outpatient facility, or
other entity can demonstrate that it made a diligent and thorough
effort to employ surgical technologists that meet the requirements
of subsection (1). A waiver granted under this subsection is valid
for not more than 6 months. The department may renew the waiver,
but the waiver shall not exceed 12 months.