Legislation to License Surgical
Assistants in the State of Florida
Florida Association of Surgical
Assistants Certified (FLASAC)
2011
INDEX

FLASAC

Definition of a Surgical Assistant.

Organizations that recognize the need of Surgical Assistants:
The American College of Surgeons, American Medical
Association (AMA)

Nationwide Association of Surgical Assistant (ASA) supports
FLASAC and pending legislation

American Medical Association (AMA)

Who will benefit?

Support letters by Surgeons

Honorary Member Nomination to Governor Rick Scott

Governor Scott’s Letter to FLASAC

FLASAC Letters

Congressional Recognition for Dr. Laureano A. Chileuitt,
Hispanic Heritage Certificate

States that already have passed the bill recognizing the
Surgical Assistant License

Pending legislation to be introduced in The Florida
Legislature

FLASAC Board of Directors

Links
FLASAC
The Florida Association of Surgical Assistants Certified (FLASAC), is a nonprofit organization, whose most important objective is to support Surgical Assistants that
have already proven their capacity through the rigorous testing necessary to obtain a
Surgical Assistant certification. FLASAC members are U.S. and foreign trained
physicians who are currently licensed as Surgical Assistants (SA-C) in the United States.
Their certification is either through the Nationwide American Board of Surgical
Assistants (ABSA), Association of Surgical Assistants (ASA) or National Surgical
Assistants Association of (NSAA).
FLASAC is actively working to have legislation introduced in the current session
which will enable Surgical Assistants to obtain licenses. In an effort to achieve such
licensure, a FLASAC sponsored bill was presented by Senator Eleanor Sobel (SB 0742)
to the Florida Senate on February 02, 2011. The bill was not acted upon. Consequently, a
new FLASAC sponsored bill is being presented to the current session, FLASAC needs
your endorsement for these important bills; if enacted, such legislation will assuredly
have a positive impact upon your community.
It is noteworthy, that Texas, Kentucky, Colorado, Illinois and Indiana have already
enacted legislation that enables surgical assistants to practice under a license. Thus, by
enacting such legislation, Florida would not be carving out brand-new territory; rather, it
would just be adding to an ever growing body of states that have already ratified such
laws.
The State of Florida already recognizes similar licenses, such as the Physician
Assistant license and Register Nurse preoperative, but does not yet offer a surgical
assistant license. Without this license, it is basically impossible for surgical assistants to
practice in this highly specialized field. Surgical assistants are in large part medical
physicians who possess a vast knowledge in their respective surgical fields, many with
high recognitions in the US and internationally. FLASAC believes their talents can be
applied for the good of the community and the health care system.
This legislation will also pave the way for other medical doctors and health care
professional to obtain licenses to work within their surgical field. This in turn will lead to
better health care for Florida's residents as well as significantly opening new job
opportunities that our economy urgently needs.
A surgical assistant is distinguishable in the training necessary and specific to the
surgical field. The SA professional can fill the gap between the surgeon and others, who
are often equipped to fully provide support in a surgical setting. There is a current breach
within the surgical team that often leaves the patient more vulnerable to mishaps, which
in turn leads to higher incidents of medical malpractice and raises health care and
insurance costs. Licensed Surgical Assistants will not only improve patient care, they can
also become a major constituent in controlling health care costs. FLASAC strongly
believes the SA license within Florida will become a vital mechanism for health care
reform.
Laureano Chileuitt, MD, SA-C
President FLASAC
(954) 290 9575
lchileuitt@flasac.org
Nikiana Arenas, MD, SA-C
Vice-President FLASAC
(786) 255 4432
ngigante@flasac.org
Definition: What is a surgical assistant?
Surgical First Assistants are allied healthcare providers who function under the
direction of the surgeon. These highly skilled practitioners are integral members of the
operating room team. A surgical assistant is a surgical team member whose role has been
defined by the American College of Surgeons (ACS) to include responsibilities like
provide aid in exposure, hemostasis, closure and other intra-operative technical functions
that help the surgeon carry out a safe operation with optimal results for the patient. In
addition to intraoperative duties, the surgical assistant also performs preoperative and
postoperative duties to better facilitate proper patient care. The surgical assistant
performs these functions during the operation under the direction and supervision of the
surgeon and in accordance with hospital policy and appropriate laws and regulations.
Surgical First Assistants can work in a variety of settings including, hospitals, ambulatory
surgery centers and other outpatient facilities, physician's offices, and in private practices.
The American College of Surgeons
The American College of Surgeons supports the concept that, ideally, the first
assistant at the operating table should be a qualified surgeon or a resident in an approved
surgical education program. Residents at appropriate levels of training should be
provided with opportunities to assist and participate in operations. If such assistants are
not available, other physicians who are experienced in assisting may participate.
It may be necessary to utilize non-physicians as first assistants. Surgeon’s
Assistants (SAs) or physician’s assistants (PAs) with additional surgical training should
meet national standards and be credentialed by the appropriate local authority. These
individuals are not authorized to operate independently. Formal application for
appointment to a hospital as a PA or SA should include:
Qualifications and Credentials of Assistants



Specification of which surgeon the applicant will assist and what duties will be
performed.
Indication of which surgeon will be responsible for the supervision and
performance of the SA or PA.
The application should be reviewed and approved by the hospital’s board.

Registered nurses with specialized training may also function as first assistants. If
such a situation should occur, the size of the operating room team should not be
reduced; the nurse assistant should not simultaneously function as the scrub nurse
and instrument nurse when serving as the first assistant. Nurse assistant practice
privileges should be granted based upon the hospital board’s review and approval
of credentials. Registered nurses who act as first assistants must not have
responsibility beyond the level defined in their state nursing practice act.
Surgeons are encouraged to participate in the training of allied health personnel. Such
individuals perform their duties under the supervision of the surgeon.
American Medical Association (AMA)
Written by Amir Alfio Jafari Thursday, 29 May 2008 American Medical Association
(AMA) – Policy, H-475.986 Surgical Assistants other than Licensed Physicians. Our
AMA:
(1) Affirms that only licensed physicians with appropriate education, training,
experience and demonstrated current competence should perform surgical
procedures;
(2) Recognizes that the responsible surgeon may delegate the performance of part of a
given operation to surgical assistants, provided the surgeon is an active participant
throughout the essential part of the operation.
Given the nature of the surgical assistant’s role and the potential of risk to the
public, it is appropriate to ensure that qualified personnel accomplish this function;
(3) Policy related to surgical assistants, consistent with the American College of
Surgeons’ Statements on Principles states:
(a) The surgical assistant is limited to performing specific functions as defined in the
medical staff bylaws, rules and regulations. These generally include the following
tasks: aid in maintaining adequate exposure in the operating field, cutting suture
materials, clamping and ligating bleeding vessels, and, in selected instances,
actually performing designated parts of a procedure.
(b) It is the surgeon’s responsibility to designate the individual most appropriate for this
purpose within the bylaws of the medical staff. The first assistant to the surgeon
during a surgical operation should be a credentialed health care professional,
preferably a physician, who is capable of participating in the operation, actively
assisting the surgeon.
(c) Practice privileges of individuals acting as surgical assistants should be based upon
verified credentials and the supervising physician’s capability and competence to
supervise such an assistant. Such privileges should be reviewed and approved by
the institution’s medical staff credentialing committee and should be within the
defined limits of state law. Specifically, surgical assistants must make formal
application to the institution’s medical staff to function as a surgical assistant under
a surgeon’s supervision. During the credentialing and privileging of surgical
assistants, the medical staff will review and make decisions on the individual’s
qualifications, experience, credentials, licensure, liability coverage and current
competence.
(d) If a complex surgical procedure requires that the assistant have the skills of a
surgeon, the surgical assistant must be a licensed surgeon fully qualified in the
specialty area. If a complication requires the skills of a specialty surgeon, or the
surgical first assistant is expected to take over the surgery, the surgical first assistant
must be a licensed surgeon fully qualified in the specialty area.
(e) Ideally, the first assistant to the surgeon at the operating table should be a qualified
surgeon or resident in an education program that is accredited by the Accreditation
Council for Graduate Medical Education (ACGME) and/or the American
Osteopathic Association (AOA). Other appropriately credentialed physicians who
are experienced in assisting the responsible surgeon may participate when a trained
surgeon or a resident in an accredited program is not available. The AMA
recognizes that attainment of this ideal in all surgical care settings may not be
practicable. In some circumstances it is necessary to utilize appropriately trained
and credentialed unlicensed physicians and non-physicians to serve as first
assistants to qualified surgeons (emphasis added). (BOT Rep. 32, A-99; Reaffirmed:
Res. 240, 708, and Reaffirmation A-00)
Who will benefit?
Patients: Being involved in a surgical procedure, patients (public) will receive better
and more reliable attention having surgeons assisted by qualified and licensed surgical
assistants. Surgery time, as well as post-surgery complications, will be reduced.
Surgeons: Utilizing a qualified and licensed Surgical Assistant, surgeons will definitely
help a surgeon. As stated by American College of Surgeons: “In some hospitals in this
country, there may be no specifically trained and readily available surgical assistants in
the operating room. Traditionally, the first assistant's role in such institutions has been
filled by a variety of individuals from diverse backgrounds. It is the surgeon's
responsibility to designate an individual who is most appropriate for this purpose in
keeping with the bylaws of the medical staff of the hospital”.
Hospitals and Health Care facilities: By having qualified and licensed surgical
assistants available, hospitals and health care facilities will reap a tremendous benefit.
Giving qualified, safer attention to the patients, reducing the surgery time, minimizing
post-surgery procedure complications, all will increase the success of the surgical
procedure. It will also allow the Health Care facility to be more efficient and reduce the
number of complaints and complications.
Insurance Companies: By having surgeons assisted by a qualified and licensed surgical
assistants, the risk of surgery and post-surgery complication will drop, thereby reducing
the number of complaints against either the surgeons or the hospitals or health care
facilities. Having two surgeons in a surgical procedure is generally considered too
expensive. On the other hand, relying upon a non-qualified surgical assistant (as is
sometimes done) is a very risky practice. Licensed surgical assistants will provide a safe
and cost effective alternative.
The State Economy: Passing such legislation will open an important number of job
opportunities for medical professionals who are under employed or unemployed, whom
desire to put their talents to work for the good of their community. If the legislation is
passed, these qualified individuals can be employed for the betterment of the community
and, in turn, will contribute to the State economy as well. It is also noteworthy that this
legislation presents no cost to the state or local communities.
From: vanessa.hannemann@ast.org
To: lchileuitt@hotmail.com
CC: catherine.sparkman@ast.org
Date: Thu, 24 Feb 2011 13:58:41 -0700
Subject: Senate Bill 742
Dear Dr. Chileuitt:
It was very good to speak with you yesterday. Thank you for your request for
information from the Association of Surgical Assistants (ASA). The Association of
Surgical Assistants is headquartered in Colorado and represents a broad, national
coalition of surgical assistant practitioners, including Certified Surgical First Assistants
(CSFAs), Surgical Assistants- Certified (SA-Cs) and Certified Surgical Assistants
(CSAs). ASA’s members share several common goals, including optimizing surgical
patient care, promoting the recognition of all surgical assistants, advancing legislative
strategies and providing relevant continuing education experiences. The Association of
Surgical Assistants is associated with the Association of Surgical Technologists (AST),
who together represent over 30,000 members.
Nationally, the Association of Surgical Assistants and the Association of Surgical
Technologists support the licensure of surgical assistants. In pursuit of that goal, the
profession has pursued legislation in a number of states, including successful licensure
efforts in Texas, Illinois, and Kentucky and other states where that’s not yet been
accomplished—Georgia, Arizona, Washington, and, most recently, Virginia. In each of
these states, the Association of Surgical Assistants has supported an inclusive approach to
the licensure of surgical assistants, meaning that in each of the legislative bills that have
been passed (or that have been in process), all three credentials are included in the
legislation—the CSFA credential from the National Board of Surgical Technology and
Surgical Assisting (NBSTSA); the SA-C credential from the American Board of Surgical
Assistants (ABSA-also headquartered in Colorado); and the CSA credential from the
National Surgical Assistant Association (NSAA). Of note, the NBSTSA’s former name
was the Liaison Council on Certification for the Surgical Technologist (LCC-ST) and we
anticipate the legislation will be updated to reflect the new name.
In February, we found out from our lobbyist in Tallahassee that Florida Senate Bill 742
had been introduced by Senator Sobel. The Association of Surgical Assistants reviewed
the legislation closely and determined that we support the legislation. We’re pleased that
the Florida Association of SA-C’s has taken the inclusive approach by recognizing all
three of the credentials—the SA-C, CSFA, and CSA, as this is consistent with our
legislative principles.
Currently, the Association of Surgical Assistants is developing a strategy to support the
Florida licensure legislation. In developing this strategy, we would like to coordinate our
efforts with the FLASAC. We understand this is a long-term effort and we think SB 742
presents an excellent opportunity to talk to legislators about surgical assistants and the
need for licensure. In the past in other states, coordination with the SA-C’s has been
simply meant working together, sharing information and sharing our priorities. For
example, our priorities could include finding a sponsor, meeting with legislators on a
certain committee, or talking to the state medical association.
As this legislative effort unfolds we hope to work together. Our Florida lobbyist has
volunteered to be on a conference call with FLASAC’s legislative leaders and ASA’s staff
here in Colorado to discuss legislative strategy. If you would like to do a conference call
together, let me know times and dates that will work for you and we can set it up. In the
meantime, please let us know if you have any questions and feel free to call or email
anytime.
Regards,
Vanessa
Vanessa Hannemann
Government Affairs Manager
Association of Surgical Assistants
vanessa.hannemann@ast.org
303-325-2540
For more information about the Association of Surgical Assistants,
visit www.surgicalassistant.org.
From: vanessa.hannemann@ast.org
To: lchileuitt@flasac.org
CC: ngigante@flasac.org; lrolon@flasac.org; cpardo@flasac.org
Date: Wed, 23 Feb 2011 13:39:03 -0700
Subject:
Dear Dr. Chileuitt:
Greetings from the Association of Surgical Assistants. Our lobbyist in Tallahassee
notified us that a surgical assistant licensure bill has been introduced. We have closely
reviewed the legislation and we support it.
Senator Sobel’s office informed us FLASAC is the primary proponent. Since
we're supporting the legislation, we really hope to talk to someone at FLASAC who is
leading this effort to see how we could coordinate and support you. Since our Florida
members support the legislation, they'll be talking to legislators. We thought it would be
better to coordinate with you rather than do a separate effort.
Who at FLASAC should we coordinate with?
Warm Regards,
Vanessa Hannemann
Association of Surgical Assistants
Government Affairs Manager
720-206-5030
From: Arthur E. Palamara [mailto:aepal@bellsouth.net]
Sent: Sunday, February 27, 2011 11:55 PM
To: 'machneuro1230@aol.com'
Subject: Senate Bill 742
Dear Doctor Machado:
Let me offer my support for a bill that would provide surgical assistants with the ability to obtain
licensure to work as assistants in their respective surgical fields. As such, they would be able to
independently bill Medicare and insurance companies. This bill is being submitted by our very
good friend, Sen. Eleanor Sobel, who has been a strong supporter of physicians.
Over the years, organized medicine has tried to find a role for the many foreign trained physicians
who lack the ability to practice independently. We are cognizant of the conflict of attempting to
maintain standards while allowing these physicians to maximize their contribution. This bill may
be a solution.
There are many excellent, well-trained physicians who are currently employed in situations well
below their educational qualifications. Allowing these individuals to maximize their effectiveness
would benefit them, assist the surgeon of record, and simultaneously improve patient care.
I informed Dr. Chileuitt in 2010 that he should contact the FMA and attend a Board of Governors
meeting to argue his case. He was also made aware that these initiatives take several years to
achieve fruition.
Thank you very much for your and the Boards anticipated consideration.
Arthur E. Palamara, MD
From:
To:
Date:
Subject:
Mailed-by:
Signed-by:
Ciancio, Gaetano <GCiancio@med.miami.edu>
Florida Association of Surgical Assistant Certified <flasac2010@gmail.com>
Mon, Mar 14, 2011 at 8:01 PM
RE: Honorary Member
med.miami.edu
med.miami.edu
Dear Nikiana G. Arenas
It will be my pleasure to accept the invitation as Honorary Member
You would have a my full support and I will help FLASAC to achieve its goals
Gaetano Ciancio MD, MBA, FACS
Professor of Surgery and Urology
Miami Transplant Institute
University of Miami
Dear Rick Scott, Florida Governor
DATE: March 15 2011
Reference: HONORARY MEMBER NOMINATION
In name of the Florida Association of Certified Surgical Assistants (“FLASAC”), a nonprofit organization:
FLASAC will seek to organize the thousands of U.S. and foreign trained physicians and
others who are currently licensed as Surgical Assistants (“SA”) and residents of Florida.
It is FLASAC’ initial objective to support SAs, who have already proven their capacity
through the rigorous testing necessary to obtain the SA license (“SA-C’) through the
American Board of Surgical Assistant (ABSA) and others, get the recognition they
deserve by passing legislature which will recognize the SA-C license within the State of
Florida, enabling them to practice under that license.
A surgical assistant is distinguishable in the training necessary and specific to the surgical
field, and the SA-C has already been recognized in a number of states, such as Texas,
Colorado, Illinois and Kentucky, amongst others in process to get it.
The State of Florida already recognizes similar licenses, such as the Register Nurse First
Surgical Assistant and the Physical Assistant, but does not yet recognize the SA-C.
Without this recognition, it is basically impossible for surgical assistants to practice in
this highly specialized field within Florida.
Moreover, SAs are in large part medical physicians who posses a vast knowledge in their
respective surgical fields, many with high recognitions in the US, in their country of
origin and internationally, whose talent are being wasted by their inability to put their
capacity to work for the good of the community.
The respective legislation needed to recognize the SA-C license will pave the way for
other medical doctors and health care professional to obtain licensure to work within the
surgical field through specialized training, which in turn will lead to better health care for
Florida’s citizens, which in turn leads to higher incidents of medical malpractice and
raises health care and insurance costs.
Therefore, SA’s will not only help patient care, they are also a major component in the
issue of health care costs and a viable option for health care reform.
SA licensure within Florida will become vital to the success of the health care system.
Support and recognition of the SA-C reflects the importance of quality health care within
the State.
We also send you our invitation to formally join our association as an Honorary Member,
and ask for your acceptance of this nomination and to get your support in this important
point for everyone.
Yours truly
Laureano Chileuitt, MD, SA-C
President FLASAC
(954) 290 9575
lchileuitt@flasac.org
Nikiana Arenas, MD, SA-C
Vice-President FLASAC
(786) 255 4432
ngigante@flasac.org
Laureano A. Chileuitt, MD, SA-C
4113 Staghorn Lane
Weston, FL 33331
November 3, 2011
Honorable Governor Rick Scott
State of Florida
Office of the Governor
Tallahassee, Florida 32399-0001
Re: My letter of March 15, 2011
Governor Rick Scott,
In response to my letter, I received a very informative letter from Kira Frye,
Correspondence Coordinator, Office of Policy and Budget. I have wanted to respond to
her letter for a long while now, but the demands on my time, both organizational and
professional, have simply been overwhelming the past several months.
Senator Eleanor Sobel introduced Senate Bill 742 in the 2011 session. It would have
enabled Surgical First Assistants to become licensed. But it died without ever being acted
upon. Myself, and the FLASAC organization in general, are again actively working to
have similar legislation introduced in the current session.
It is noteworthy, that Texas, Kentucky, Colorado, Illinois and Indiana have already
enacted legislation that enables surgical assistants to practice under such a license. Thus,
by enacting such legislation, Florida would not be carving out brand-new territory; rather,
it would just be adding to an ever growing body of states that have already ratified similar
laws.
The State of Florida already recognizes similar licenses, such as the Physician Assistant
license and Register Nurse preoperative, but does not yet offer licensure for surgical
assistants. Without such a license, it is basically impossible for surgical assistants to
practice in this highly specialized field. Surgical assistants are in large part medical
physicians who possess a vast knowledge in their respective surgical fields, many with
high recognitions in the US and internationally. The SA professional can fill the gap
between the surgeon and others, and are trained to fully provide support in a surgical
setting. There is a current breach within the surgical team that often leaves the patient
more vulnerable to mishaps, which in turn leads to higher incidents of medical
malpractice and raises health care and insurance costs. It is very sad and frustrating that
the talents of surgical first assistants are currently not able to put their talents to work for
the good of the community and the health care system.
Granting a pathway for licensure to surgical first assistants will not only improve patient
care, they also can become a major constituent in controlling health care costs. FLASAC
strongly believes the surgical first assistant license within Florida can become a vital
mechanism for health care reform.
We appreciate your interest in citizens’ issues, and in particular, the attention you give to
issues that negatively impact the well-being of Florida residents and the state in general.
We look forward to receiving your comments.
Laureano Chileuitt, MD, SA-C
President FLASAC
(954) 290 9575
lchileuitt@flasac.org
Nikiana Arenas, MD, SA-C
Vice-President FLASAC
(786) 255 4432
ngigante@flasac.org
States that already have passed the bill
to recognize Surgical Assistant license:
 KENTUCKY
http://kbml.ky.gov/
 ILLINOIS
http://www.ilsaa.net/governnment_affairs.php
 INDIANA
http://www.surgicalbilling.net/Surgical%20Assist_Tech%20Draft%20Summary.d
oc
 TEXAS
http://www.tmb.state.tx.us/professionals/other/surgasst/surglic.php
 COLORADO
(effective 04/01/2011)
http://www.dora.state.co.us/sa-st/
 FLORIDA :
(2011 Session)
A bill seeking licensure for surgical assistants was
presented to the Florida Legislature but died
without being acted upon.
SB 742: Surgical First Assistants
GENERAL BILL by Sobel
Surgical First Assistants; Provides requirements for the performance of supervising
physicians. Provides the duties and scope and location of practice for certified surgical
first assistants. Provides contracting and employment guidelines for physicians, hospitals,
clinics, or ambulatory surgical centers employing said assistants. Provides licensure
criteria for certified surgical first assistants. Provides for reciprocity of licenses among
states. Provides for payments to a physician assistant under contracts providing for
payment for surgical first assisting benefits or services, etc.
Florida Senate - 2011
SB 742
By Senator Sobel
31-00583-11
1
2011742__
A bill to be entitled
2
An act relating to surgical first assistants;
3
providing definitions; providing requirements for the
4
performance of supervising physicians; providing the
5
duties and scope and location of practice for
6
certified surgical first assistants; providing
7
contracting and employment guidelines for physicians,
8
hospitals, clinics, or ambulatory surgical centers
9
employing certified surgical first assistants;
10
providing licensure criteria for certified surgical
11
first assistants; providing for application fees and
12
licensure renewal fees; providing for licensure
13
renewal; providing continuing education requirements;
14
authorizing the Board of Medicine to impose penalties;
15
providing the scope of a certified surgical first
16
assistant’s license; providing for reciprocity of
17
licenses among states; providing for inactive and
18
delinquent status; providing that an unlicensed person
19
who holds himself or herself out as, or indicates or
20
implies that he or she is, licensed commits a third
21
degree felony and is subject to applicable penalties;
22
providing for denial, suspension, or revocation of
23
licensure; authorizing the board to adopt rules;
24
providing that supervising physicians may be liable
25
for certain acts or omissions of certified surgical
26
first assistants; providing guidelines for the use of
27
fees collected by the board; amending s. 627.419,
28
F.S.; providing for payments to a physician assistant
29
under contracts providing for payment for surgical
30
first assisting benefits or services; including
31
certified surgical first assistants, as defined,
32
within certain benefits or services payment
33
provisions; limiting such application; providing an
34
effective date.
35
36
Be It Enacted by the Legislature of the State of Florida:
37
38
Section 1. (1) DEFINITIONS.—As used in this section, the term:
39
(a) “Board” means the Board of Medicine.
40
(b) “Certified surgical first assistant” means a person who
41
provides primary surgical assistance to the primary surgeon
42
during a surgical procedure, is listed on the operative record
43
as the first assistant, and meets the qualifications for
44
45
licensure under this section.
(c) “Continuing medical education” means courses recognized
46
and approved by the board, the Liaison Council on Certification
47
for the Surgical Technologist, the National Surgical Assistant
48
Association, the American Board of Surgical Assistants, the
49
American Medical Association, the American Osteopathic
50
Association, or the Accreditation Council on Continuing Medical
51
Education.
52
(d) “Direct supervision” means supervision by a delegating
53
physician who is physically present and who personally directs
54
delegated acts and remains immediately available to personally
55
respond to any emergency until the patient is released from the
56
operating room or the physician’s care and has been transferred
57
to the care and responsibility of another physician.
58
(e) “Surgical assisting” means providing aid under direct
59
supervision in exposure, hemostasis, closures, and other
60
intraoperative technical functions that assist a physician in
61
performing a safe operation with optimal results for the
62
patient.
63
(2) PERFORMANCE OF SUPERVISING PHYSICIAN.—Each physician or
64
group of physicians supervising a certified surgical first
65
assistant must be qualified in the medical areas in which the
66
certified surgical first assistant is to perform and may be
67
individually or collectively responsible and liable for the
68
performance and the acts and omissions of the certified surgical
69
first assistant.
70
(3) PERFORMANCE OF CERTIFIED SURGICAL FIRST ASSISTANTS.—
71
(a) A certified surgical first assistant may perform duties
72
limited to the scope of certification in surgical assisting
73
functions while under the direct supervision of a physician.
74
(b) The scope of practice of a certified surgical first
75
assistant is limited to surgical assisting and tasks delegated
76
by the supervising physician.
77
(c) A certified surgical first assistant may perform his or
78
her duties only in a medical clinic, hospital, ambulatory
79
surgical center, or similar medical institution.
80
(4) EMPLOYMENT OF CERTIFIED SURGICAL FIRST ASSISTANTS.—
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(a) A physician or hospital is not required to contract
82
83
with a certified surgical first assistant.
(b) A health maintenance organization, preferred provider
84
organization, or health benefit plan may not require a
85
physician, hospital, clinic, or ambulatory surgery center to
86
contract with a certified surgical first assistant as a
87
condition of payment to a certified surgical first assistant.
88
(c) The board may not limit in any way by rule the
89
employment arrangement of a certified surgical first assistant.
90
(5) CERTIFIED SURGICAL FIRST ASSISTANT LICENSURE.—
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(a) A person desiring to be licensed as a certified
92
surgical first assistant shall apply to the board. The board
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shall issue a license to any person determined by the board as
94
having met the following requirements:
95
1. Is at least 18 years of age.
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2. Holds and maintains certification from one of the
97
98
99
following recognized certifying agencies:
a. The Liaison Council on Certification for the Surgical
Technologist.
100
b. The National Surgical Assistant Association.
101
c. The American Board of Surgical Assistants.
102
3. Has completed the application form and remitted an
103
application fee not to exceed $750 as set by the board. An
104
application for licensure made by a certified surgical first
105
assistant must include:
106
107
a. A certificate from one of the recognized certifying
agencies specified in subparagraph 2.
108
b. A sworn statement of any prior felony convictions.
109
c. A sworn statement of any previous revocation or denial
110
111
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of licensure or certification.
(b) A license must be renewed biennially. Each renewal must
include:
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1. A renewal fee not to exceed $1,000 as set by the board.
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2. A sworn statement of no felony convictions in the
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previous 2 years.
(c) Each licensed certified surgical first assistant shall
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biennially complete 40 hours of continuing medical education or
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hold a current certificate issued by a recognized certifying
119
agency listed in subparagraph (a)2.
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(d) The board may impose any of the penalties authorized
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under ss. 456.072 and 458.331(2), Florida Statutes, upon a
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certified surgical first assistant if the certified surgical
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first assistant or the supervising physician has been found
124
guilty of or is being investigated for any act that constitutes
125
a violation of chapter 456 or chapter 458, Florida Statutes.
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(e) A certified surgical first assistant’s license:
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1. Does not authorize the licensee to engage in the
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practice of medicine or professional nursing.
2. Is not required of a registered nurse, an advanced
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registered nurse practitioner, a registered nurse first
131
assistant, or a physician assistant as a condition of
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employment.
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(6) RECIPROCITY.—The Department of Health shall allow
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reciprocity to certified surgical first assistants who are
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determined by the board to:
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(a) Be licensed in other states and who are in good
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standing with their state of licensure and their certifying
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agency.
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(b) Have paid appropriate licensure fees.
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(c) Have complied with all other requirements of the board.
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(7) INACTIVE AND DELINQUENT STATUS.—A license on inactive
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or delinquent status may be reactivated only as provided in s.
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456.036, Florida Statutes.
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(8) PENALTY.—A person who has not been licensed by the
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board and approved by the Department of Health and who holds
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himself or herself out as a licensed certified surgical first
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assistant or who uses any other term in indicating or implying
148
that he or she is a licensed certified surgical first assistant
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commits a felony of the third degree, punishable as provided in
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s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.
151
(9) DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.—The
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board may deny, suspend, or revoke a certified surgical first
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assistant license if the board determines that the certified
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surgical first assistant has violated chapter 456 or chapter
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458, Florida Statutes.
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157
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(10) RULES.—The board may adopt rules to administer this
section.
(11) LIABILITY.—Each supervising physician using a
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certified surgical first assistant may be liable for acts or
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omissions of the certified surgical first assistant acting under
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the physician’s supervision and control.
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(12) FEES.—The fees collected by the board under this
section shall be used for the licensure and regulation of
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certified surgical first assistants in accordance with this
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section.
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167
Section 2. Subsection (6) of section 627.419, Florida
Statutes, is amended to read:
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627.419 Construction of policies.—
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(6)(a) Notwithstanding any other provision of law, if a
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when any health insurance policy, health care services plan, or
171
other contract provides for payment for surgical first assisting
172
benefits or services, the policy, plan, or contract shall is to
173
be construed as providing for payment to a physician assistant
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or a registered nurse first assistant or employers of a
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physician assistant or registered nurse first assistant who
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performs such services that are within the scope of a physician
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assistant’s or a registered nurse first assistant’s professional
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license. This paragraph applies The provisions of this
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subsection apply only if reimbursement for an assisting
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physician, licensed under chapter 458 or chapter 459, would be
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covered and a physician assistant or a registered nurse first
182
assistant who performs such services is used as a substitute.
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(b)1. Notwithstanding any other provision of law, if a
184
health insurance policy, health care services plan, or other
185
contract provides for payment for surgical first assisting
186
benefits or services, the policy, plan, or contract shall be
187
construed as providing for payment to a certified surgical first
188
assistant or to the employer of a certified surgical first
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assistant who performs such services that are assigned by the
190
supervising physician or osteopathic physician. This paragraph
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applies only if reimbursement for an assisting physician
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licensed under chapter 458 or chapter 459 would be covered and
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the certified surgical first assistant who performs such
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services is used as a substitute. As used in this paragraph, the
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term “certified surgical first assistant” means a person who is
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a licensed health care provider who is directly accountable to a
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physician licensed under chapter 458 or an osteopathic physician
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licensed under chapter 459 and who is certified by the National
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Surgical Assistant Association, the Liaison Council on
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Certification for the Surgical Technologist, or the American
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Board of Surgical Assistants.
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2. This paragraph does not require an insurer to directly
203
reimburse a certified surgical first assistant if the certified
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surgical first assistant is paid or will be paid for a surgical
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procedure by the health care facility at which the surgical
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procedure is performed.
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Section 3. This act shall take effect July 1, 2011.
FLASAC BOARD OF DIRECTORS 2011
PRESIDENT
LAUREANO CHILEUITT
WESTON , (954) 290 9575, lchileuitt@flasac.org
VICE-PRESIDENT
DORAL, (786) 255 4432, ngigante@flasac.org
SECRETARY
NIKIANA GIGANTEARENAS
LUIS ROLON
TREASURER
CARLOS PARDO
DAVIE, (305) 710 0008, cpardo@flasac.org
BOARD MEMBER
VICTOR GONZALEZ
WESTON, (954) 892 4470
BOARD MEMBER
MARCOS LEVY
WESTON, (954) 793 0358
BOARD MEMBER
ANDRES VELEZ
WESTON, (954) 732 3795
BOARD MEMBER
ENRIQUE BARCENAS
MIRAMAR, (954) 235 5663
BOARD MEMBER
NAYIB FRANCIS
PEMBROKE PINES, (954) 319 4670
BOARD MEMBER
OTTO JIMENEZ
WESTON, (754) 244 2954
BOARD MEMBER
HUMBERTO OCAMPO
PEMBROKE PINES, (954) 549 9560
BOARD MEMBER
JUAN BERDUGO
MIAMI, (786)-537-1495
KENDALL, (786) 252 3197, lrolon@flasac.org
REGIONAL BOARD OF DIRECTORS
BOARD MEMBER
CESAR ECHEVERRIA
ORLANDO (407) 929 0522
BOARD MEMBER
SAUL GUTIERREZ
ORLANDO (407) 242 6430
BOARD MEMBER
JOSE RIVAS
TAMPA (941)-779-4870
BOARD MEMBER
JAIRO ROMERO
GAINESVILLE (396)-462-7370
BOARD MEMBER
JORGE FERRER
TAMPA (727)-692-1880
USEFUL LINKS
The Association of Surgical Assistants
www.surgicalassistant.org
The Association of Surgical Technologists
www.ast.org
The American Board of Surgical Assistants
www.absa.net
The National Surgical Assistant Association
www.nsaa.net
Surgical Assistant Resource
www.surgicalassistantresource.org
FL Senate
www.flsenate.com
Florida House of Representatives
www.myfloridahouse.gov
http://www.surgicalassistantresource.org/index.php?p=1_5_SurgicalAssistant-Education
ILLINOIS
http://www.ilsaa.net/governnment_affairs.php
COLORADO:
http://www.dora.state.co.us/sa-st/
TEXAS:
http://www.tmb.state.tx.us/professionals/other/surgasst/surglic.php
KENTUCKY:
http://kbml.ky.gov/
SURGICAL ASSISTANT
http://www.surgicalassistantresource.org/index.php?p=1_4_SurgicalAssistant-FAQ
http://www.asainc.us/
http://www.surgistrategies.com/news/2010/05/jackson-surgicalassistants-expands-its-national.aspx