Association of periOperative Registered Nurses

Florida  Government Affairs

State Coordinator

Regional Coordinator

Bonnie Vencill
(804) 526-3704

RN Circulator Laws and Language

Hospital: HB483 as passed: Section 1. Paragraph (d) is added to subsection (2) of section 395.0191, Florida Statutes, to read: 395.0191 Staff membership and clinical privileges.-- (2)(d) Each hospital shall meet the requirements of the Medicare and Medicaid Conditions of Participation for Hospitals under 42 C.F.R. s. 482.51(a)(3) as they apply to registered nurses performing circulating duties in the operating room and as provided in the interpretive guidelines provided by the United States Department of Health and Human Services. A circulating nurse shall be present in the operating room for the duration of a surgical procedure. Section 2. This act shall take effect July 1, 2006.
ASC: FLORIDA ADMINISTRATIVE CODE TITLE 59 AGENCY FOR HEALTH CARE ADMINISTRATION 59A HEALTH FACILITY AND AGENCY LICENSING CHAPTER 59A-5 AMBULATORY SURGICAL CENTER LICENSURE 59A-5.0085 Departments and Services (d) A registered nurse shall serve as O.R. Circulating Nurse. (3) NURSING SERVICE. This service shall be organized under written policies and procedures relating to patient care, establishment of standards for nursing care and mechanisms for evaluating such care, and nursing services. (c) A registered professional nurse shall be the operating room circulating nurse.

Registered Nurse First Assistants (RNFAs)

Reimbursement:  Florida Statutes, Title XXXII, Chapter 464, Part 1, 464.027 (1) Legislative Intent – The purposes of this section are to: a. Encourage the use of registered nurse first assistants B. Provide for reimbursement for the registered nurse first assistant from managed health care agencies, state agencies, workers’ compensation carriers, and private insurance companies. AND: Florida Statutes, Title XXXVII, Chapter 627, Part II, § 627.419 (6) Notwithstanding any other provision of law, when any health insurance policy, health care services plan, or other contract provides for payment for surgical first assisting benefits or services, the policy, plan, or contract is to be construed as providing for payment to a registered nurse first assistant or employers of a physician assistant or nurse first assistant who performs such services that are within the scope of a physician assistant's or a registered nurse first assistant’s professional license. The provisions of this subsection apply only if reimbursement for an assisting physician, licensed under chapter 458 or chapter 459, would be covered and a physician assistant or a registered nurse first assistant who performs such services is used as a substitute.
Definition:  Florida Annotated Statutes -TITLE 32. REGULATION OF PROFESSIONS AND OCCUPATIONS. CHAPTER 464. NURSING. PART I. NURSE PRACTICE ACT. 464.027. Registered nurse first assistant (2) DEFINITIONS. --As used in this section, the term: (c) "Registered nurse first assistant" means a person who meets the qualifications listed in this section. (3) QUALIFICATIONS. --A registered nurse first assistant is any person who: (a) Is licensed as a registered nurse under this part; (b) Is certified in perioperative nursing; and (c) Holds a certificate from, and has successfully completed a recognized program
Scope:  The Florida 2005 Statutes, Regulation of Professions and Occupations, Chapter 464, 464.027, Registered Nurse First Assistants. (4) INSTITUTIONAL POWERS.--Each health care institution must establish specific procedures for the appointment and reappointment of registered nurse first assistant staff members and for granting, renewing, and revising their clinical privileges.

Legislative Tracking

FL S 380 — 2013 Responsibilities of Health Care Facilities
Would require certification of surgical technologists and surgical assistants in Florida health care facilities
Comments
http://www.flsenate.gov/Session/Bill/2014/0380/ByVersion 
Sponsor(s):
Bean 
General Topic:
Surgical Assistants/Surgical Technologists 
Status:
5/2/2014: Died in Messages 
SB 1026 — 2014 Florida Hospital Patient Protection Act
Requiring that the chief nursing officer of a health care facility prepare a written staffing plan that meets the direct care registered nurse staffing levels required by the act
Comments
http://www.flsenate.gov/Session/Bill/2014/1026 
Sponsor(s):
Braynon 
General Topic:
Nurse Staffing 
Status:
5/2/14: Senate; died in committee 
FL H 905 — 2014 Florida Hospital Patient Protection Act
Requires minimum staffing levels of direct care registered nurses in health care facility; prohibits facility from imposing mandatory overtime; specifies required ratios of direct care registered nurses to patients; prohibits health care facility from using video cameras or monitors as substitutes for required level of care; requires annual evaluation of staffing levels; requires AHCA to develop uniform standards for nurse staffing requirements; prohibits health care facility from assigning unlicensed personnel to perform functions of licensed or registered nurse; authorizes direct care registered nurse to assign activities to other nursing staff; provides that direct care registered nurse has right of action against facility that violates provisions of act; prohibits facility from interfering with nurses' right to organize or bargain collectively; authorizes agency to impose fines.
Comments
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=52095 
Sponsor(s):
Watson 
General Topic:
Nurse Staffing 
Status:
5/2/14: Died in Committee 
HB 1059 — 2014 Nursing Education Programs
Relates to nursing education programs; exempts nurses who are certified by certain accredited programs from continuing education requirements; removes limitation on percentage of clinical training that may consist of clinical simulation; deletes requirements for program to become approved as of specified date; authorizes Board of Nursing to adopt rules relating to documenting accreditation of nursing education programs; deletes requirement OPPAGA participate in implementation study.
Comments
http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=52274& 
Sponsor(s):
Pigman (R) 
General Topic:
Competency 
Status:
4/29/2014: Tabled: Substituted by S1036 
SB 1036 — 2014 Nursing Education Programs
Relates to nursing education programs; requires applicants for licensure to take a preparatory course; exempts certified nurses from continuing education requirements; revises the limitation on the percentage of clinical training that consists of clinical simulation; authorizes the Board of Nursing to adopt rules relating to documenting the accreditation of nursing education programs; requires nursing education programs that prepare students for the practice of professional nursing to be accredited.
Comments
 
Sponsor(s):
Grimsley (R) 
General Topic:
Competency 
Status:
06/05/2014 To GOVERNOR 
SB 1354 — 2014 Health Care - Surgical Technologist definition
Defines terms and requires a certain percent of surgical assistants or surgical technologists employed with a hospital to be certified. Related to other health care issues.
Comments
 
Sponsor(s):
Grimsley (R) 
General Topic:
Surgical Assistants/Surgical Technologists 
Status:
5/2/14: Died In Messages 

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