Your SlideShare is downloading. ×
Word
Word
Word
Word
Word
Word
Word
Word
Word
Word
Word
Word
Word
Word
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Word

397

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
397
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
1
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. South Carolina General Assembly 116th Session, 2005-2006 S. 63 STATUS INFORMATION General Bill Sponsors: Senators Hawkins and J. Verne Smith Document Path: l:councilbillsnbd11053ac05.doc Companion/Similar bill(s): 3254 Introduced in the Senate on January 11, 2005 Currently residing in the Senate Committee on Medical Affairs Summary: Registered Surgical Technologists and Licensed Surgical Assistant Practice Act HISTORY OF LEGISLATIVE ACTIONS Date Body Action Description with journal page number 12/8/2004 Senate Prefiled 12/8/2004 Senate Referred to Committee on Medical Affairs 1/11/2005 Senate Introduced and read first time SJ-110 1/11/2005 Senate Referred to Committee on Medical Affairs SJ-110 View the latest legislative information at the LPITS web site VERSIONS OF THIS BILL 12/8/2004
  • 2. 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING ARTICLE 11, CHAPTER 47, TITLE 40 SO 13 AS TO ENACT THE “REGISTERED SURGICAL 14 TECHNOLOGIST AND LICENSED SURGICAL ASSISTANT 15 PRACTICE ACT” TO REQUIRE PERSONS TO BE CERTIFIED 16 NATIONALLY AND REGISTERED UNDER THIS ARTICLE 17 TO PERFORM DUTIES AND PROVIDE SERVICES AS A 18 SURGICAL TECHNOLOGIST AND TO REQUIRE PERSONS 19 TO BE CERTIFIED NATIONALLY AND LICENSED UNDER 20 THIS ARTICLE TO PERFORM DUTIES AND PROVIDE 21 SERVICES AS A SURGICAL ASSISTANT; TO ESTABLISH 22 THE ADVISORY COMMITTEE FOR SURGICAL 23 TECHNOLOGISTS AND SURGICAL ASSISTANTS UNDER 24 THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE 25 FOR ITS POWERS AND DUTIES; AND TO FURTHER 26 PROVIDE FOR THE REGULATION OF SURGICAL 27 TECHNOLOGISTS AND SURGICAL ASSISTANTS. 28 29 Be it enacted by the General Assembly of the State of South 30 Carolina: 31 32 SECTION 1. Chapter 47, Title 40 of the 1976 Code is amended 33 by adding: 34 35 “Article 11 36 37 Registered Surgical Technologist 38 and Licensed Surgical Assistance Act 39 40 Section 40-47-1500. This article may be cited as the 41 „Registered Surgical Technologist and the Licensed Surgical 42 Assistant Practice Act‟. [63] 1
  • 3. 1 2 Section 40-47-1510. The purpose of this article is to protect 3 and benefit the public without a financial burden to the people of 4 South Carolina by setting standards of qualifications, education, 5 training, experience, and professional conduct for those who seek 6 to hold the title of registered surgical technologists and licensed 7 surgical assistants. A further purpose of this article is to create a 8 system in which no one, other than those exempted in Section 9 40-47-1530, may perform the duties of a surgical technologist or a 10 surgical assistant without being a registered surgical technologist 11 or licensed as a surgical assistant as required by this article. 12 13 Section 40-47-1520. As used in this article: 14 (1) „Advisory committee‟ means an informal advisory 15 committee to the board whose purpose is to advise the board 16 regarding rules relating to the registration, licensure, and 17 enforcement and discipline of surgical technologists and surgical 18 assistants. 19 (2) „Association of Surgical Technologists‟ (AST) means the 20 national organization founded in 1969 to ensure that surgical 21 technologists have the knowledge and skills to administer patient 22 care of the highest standard through accreditation, certification, 23 and education. 24 (3) „Board‟ means the South Carolina State Board of Medical 25 Examiners. 26 (4) „CAAHEP‟ means the Commission on Accreditation of 27 Allied Health Education Programs, which is a 28 programmatic/specialized accreditor in the health sciences field. 29 (5) „Continuing Education Credits‟ means credits that are the 30 number of continuing education hours needed to maintain national 31 certification while keeping updated with new and changing 32 technologies in patient care. 33 (6) „Direct supervision‟ means supervision by a delegating 34 physician who is physically present and personally directs 35 delegated acts, and remains immediately available in the operating 36 room to respond to any emergency until the patient is released 37 from the operating room or care has been transferred to another 38 physician. 39 (7) „Indirect supervision‟ means that in all instances when not 40 under the direct supervision of a delegating physician, indirect 41 supervision may be provided by the supervisor in the operating 42 room in the absence of that physician. [63] 2
  • 4. 1 (8) „Liaison Council on Certification for the Surgical 2 Technologist‟ (LCC-ST) means the national organization founded 3 in 1974 that is the certifying agency for surgical technologists and 4 that is solely responsible for all decisions regarding the 5 certification of surgical technologists; this council is also 6 authorized to certify surgical assistants. Certifications provided by 7 this council must be approved by the National Association of 8 Surgical Technologists. 9 (9) „Licensed surgical assistant‟ means a person who: 10 (a) is not a physician licensed to practice medicine in all of 11 its branches; 12 (b) holds current certification by the Liaison Council on 13 Certification for the Surgical Technologist as a first assistant or the 14 National Surgical Assistant Association on the Certification of 15 Surgical Assistants or any entity approved by the National 16 Association of Surgical Technologists (AST); 17 (c) performs duties under direct supervision; 18 (d) provides services only in a licensed hospital, ambulatory 19 surgical facility, or office of a physician licensed to practice 20 medicine in all its branches; and 21 (e) is licensed under this article. 22 (10) „National certification‟ means the demonstration and 23 documentation of initial and continuing competence of a surgical 24 technologist or surgical assistant as set forth by the National 25 Association of Surgical Technologists‟ accepted national certifying 26 bodies. To retain certification, continuing education requirements 27 must be met for certification periods. 28 (11) „National Surgical Assistant Association‟ means the 29 national organization founded in 1983 to offer education, testing, 30 and certification to its surgical assistant members. Certification 31 provided by this association must be approved by the National 32 Association of Surgical Technologists. 33 (12) „Registered surgical technologist‟ means a person who: 34 (a) is not a physician licensed to practice medicine in all of 35 its branches; 36 (b) holds current certification by the Liaison Council on 37 Certification for the Surgical Technologist or any entity approved 38 by the National Association of Surgical Technologists (AST); 39 (c) performs duties under direct supervision; 40 (d) provides services only in a licensed hospital, ambulatory 41 surgical facility, or office of a physician licensed to practice 42 medicine in all its branches; and 43 (e) is registered under this article; [63] 3
  • 5. 1 (13) „President‟ means the President of the Board of Medical 2 Examiners. 3 (14) „Surgical assisting or „first assisting‟ means providing aid 4 under the direct supervision of a physician in exposure and 5 visualization of the operative field with retraction and 6 manipulation of tissues, hemostasis, and other intraoperative 7 technical functions, that assist a physician in performing a safe 8 operation with optimal results for the patient including, but not 9 limited to, the delegated authority to provide local infiltration or 10 the topical application of a local anesthetic and hemostatic agents 11 at the operative site, ligation and approximation of tissues with 12 sutures and ties, clamp and electocautery application, volume 13 replacement or autotransfusion techinques, as appropriate, 14 application of tourniquets and positioning of patients, and 15 applications of casts, immobolizers, and surgical dressings. 16 (15) „Surgical technology‟ means providing expertise in the 17 theory and application of sterile and aseptic technique and 18 combining the knowledge of human anatomy, surgical procedures, 19 and implementation tools and technologies to facilitate a 20 physician‟s performance of invasive and non-invasive therapeutic 21 and diagnostic procedures under the direct supervision of the 22 physician. 23 24 Section 40-47-1530. The following are exempt from the 25 registration and licensure requirements of this article: 26 (1) a student enrolled in a surgical technology program 27 approved by CAAHEP or a surgical assisting education program 28 approved by the board ; a resident, intern, or medical student who 29 is assisting in a surgical operation that is an integral part of the 30 program of study; 31 (2) a surgical technologist or surgical assistant employed in the 32 service of the federal government while performing duties related 33 to that employment; 34 (3) a healthcare worker acting within the scope of that 35 healthcare worker‟s license; 36 (4) a registered nurse, an advanced practice nurse, or a licensed 37 practical nurse; 38 (5) a certified physician assistant. 39 40 Section 40-47-1540. (A) There is established the Advisory 41 Committee for Surgical Technologists and Surgical Assistants 42 composed of six members who must be residents of this State, 43 appointed by the board and whose duties must be delegated by the [63] 4
  • 6. 1 board. These duties include furnishing records, information, or 2 assistance to the advisory committee and is immune from any civil 3 liability arising from that action in a suit against the person brought 4 by or on behalf of a surgical technologist or surgical assistant to 5 carry out the mandates of this article. The members of the 6 committee are as follows: 7 (1) at least two practicing surgical technologists who have at 8 least five years of clinical experience as surgical technologists or 9 one of whom can be a surgical technology educator, who is a 10 certified surgical technologist and has at least five years of clinical 11 experience as a practicing surgical technologist; 12 (2) at least two practicing surgical assistants who have at 13 least five years of clinical experience as surgical assistants or one 14 of whom can be a surgical assistant educator, who is a certified 15 surgical assistant and has at least five years of clinical experience 16 as a practicing surgical assistant; 17 (3) two practicing physicians licensed in this State who 18 supervise surgical technologists and surgical assistants on the 19 operative field. 20 (B) Members of the committee must be appointed for two-year 21 terms and may not serve more than two consecutive full terms. 22 The board may determine the rotation of the membership. 23 (C) Not later than thirty days after the appointment of its 24 members, the committee shall meet and elect from among its 25 members a chairperson who shall hold office according to rules 26 adopted by the committee. 27 (D) Members may not receive per diem, travel, or other 28 expenses and have no authority to determine policy independent of 29 the board. 30 (E) Meetings must be held at least twice a year and at the 31 request of the board and may be held online or by telephone 32 conference call. 33 (F) Vacancies must be filled with appointees selected by the 34 president. 35 (G) A person may not be a member of the committee if the 36 person is a registered lobbyist for compensation on behalf of a 37 profession related to the fields of surgical technology and surgical 38 assisting. 39 (H) A majority of the committee membership constitutes a 40 quorum. 41 (I) The committee, under the authority of the board, shall assist 42 the board in carrying out the provisions of this article regarding the [63] 5
  • 7. 1 qualifications for the regulation of surgical technologists and 2 surgical assistants. 3 (J) Under the authority of the board the committee shall: 4 (1) establish a code of ethics in accordance with this article; 5 (2) verify the qualifications and fitness of applicants for 6 registration, licensure, renewal, and reciprocal licensure and shall 7 review these applications utilizing background checks and physical 8 and mental evaluations as indicated; 9 (3) enforce the revocation, suspension, or denial of a 10 registration or license, or reprimand a registration holder or license 11 holder for a violation of this article, the code of ethics, or a 12 regulation promulgated by the board; 13 (4) establish reasonable application, registration, and 14 licensure fees and other necessary fees; 15 (5) verify initial and continuing national certification and 16 continuing professional education requirements for registration or 17 licensure, the standards of which must be at least as stringent as 18 those established or adopted by the Association of Surgical 19 Technologists or the National Surgical Assistants Association for 20 national certification by their respective approved boards of 21 certification; 22 (6) enforce the surgical technologist‟s and the surgical 23 assistant‟s scope of practice and the delegating physician‟s 24 oversight responsibilities as recognized by the American College 25 of Surgeons and the National Association of Surgical 26 Technologists; 27 (7) maintain a registry of registered surgical technologists 28 and licensed surgical assistants, including their place of 29 employment, residence, and the date and the number of their 30 registrations and licenses and make this information available to 31 the general public, registration and license holders, and appropriate 32 state agencies; 33 (8) hear disciplinary cases and recommend findings of fact, 34 conclusions of law, and sanctions to the board, which, after 35 conducting a final hearing, shall make the final decision on the 36 matter; 37 (9) assist with other matters dealing with surgical technology 38 and surgical assisting as the board may direct. 39 40 Section 40-47-1550. The board, after notice of and opportunity 41 for a hearing, may remove any member of the committee if a 42 member: [63] 6
  • 8. 1 (1) cannot discharge the member‟s term for a substantial part 2 of the term due to illness or disability; 3 (2) is absent for more than half of the regularly scheduled 4 meetings unless excused by a majority vote of the committee. 5 6 Section 40-47-1560. (A) The board may find grounds for 7 denial of registration or licensure and for disciplinary action if a 8 person: 9 (1) has filed or has had filed on his or her behalf with the 10 board any false, fraudulent, or forged statement or documents; 11 (2) misuses alcohol or drugs to such a degree to render him 12 or her unfit to practice; 13 (3) has been convicted of a felony or a crime involving 14 moral turpitude or drugs; 15 (4) has sustained any physical or mental disability which 16 renders further practice dangerous to the public; 17 (5) has engaged in any dishonorable or unethical conduct 18 that is likely to deceive or harm patients; 19 (6) has violated or conspired with another person to violate 20 any provision of this article; 21 (7) has a lack of ethical or professional competence required 22 to practice; 23 (8) has willfully violated a confidential communication; 24 (9) has acted in a grossly negligent or willful manner which 25 is inconsistent with the practice of surgical technology and surgical 26 assisting; 27 (10) is unfit and incompetent to practice with reasonable skill 28 and safety; 29 (11) has exceeded the scope of practice of surgical technology 30 or surgical assisting delegated by the delegating physician; 31 (12) has been disciplined by a regulatory authority of a state, 32 country, or nationally recognized professional organization; 33 (13) violates this article or any regulation relating to the 34 practice of surgical technology or surgical assisting. 35 (B) A person found in violation of a provision of this article or 36 of a regulation promulgated pursuant to this article may be 37 required to pay costs associated with the investigation and 38 prosecution of the case. Additionally, the board may impose on 39 any applicant or registered surgical technologist or licensed 40 surgical assistant random and mandatory background checks from 41 SLED or any other source and may impose random and mandatory 42 drug testing. 43 [63] 7
  • 9. 1 Section 40-47-1570. In addition to the board‟s authority to 2 impose sanctions, the board may also impose fines of up to one 3 thousand dollars per violation. All costs and fines imposed 4 pursuant to this article must be paid and are subject to collection 5 and enforcement provisions. 6 7 Section 40-47-1580. (A) It is unlawful for a person who is not 8 registered or licensed under this article to hold himself or herself 9 out as a registered surgical technologist or licensed surgical 10 assistant or to practice within the job descriptions defined in 11 Section 40-47-1520(13) and (14). A person who holds himself or 12 herself out as such without first being registered or licensed under 13 this article, or during a period of suspension, or after his or her 14 registration or license has been revoked by the board, is guilty of a 15 misdemeanor. 16 (B) For the purpose of any investigation or proceeding under 17 this article, the board or a person designated by the board may 18 administer oaths and affirmations, subpoena witnesses, take 19 testimony, and require the production of any documents or records 20 that the board considers relevant to the inquiry. 21 (C) Investigative information in the possession of the board or 22 its employees or agents that relates to discipline of a registered 23 surgical technologist or a licensed surgical assistant is confidential 24 and may be disclosed in the following circumstances: 25 (1) to the appropriate regulatory authorities in other states or 26 in the District of Columbia or a territory or country where the 27 surgical technologist or the surgical assistant has applied for 28 registration, licensure or regulation; 29 (2) to the appropriate law enforcement agencies if a crime 30 has been committed by the surgical technologist or surgical 31 assistant; 32 (3) to a health care entity upon receipt of written request 33 where information requested is to be used to preserve patient 34 safety; 35 (4) to other persons necessary to prove guilt or innocence if 36 required during investigations; 37 (D) If the board has sufficient evidence that a person is 38 violating a provision of this article, the board, in addition to all 39 other remedies, may order the person to immediately desist and 40 refrain from this conduct. 41 (E) The board, in the name of the State, may petition an 42 administrative law judge for the injunctive relief against a person 43 violating this article. [63] 8
  • 10. 1 (F) No provision of this article may be construed as prohibiting 2 the respondent or his legal counsel from exercising the 3 respondent‟s constitutional right of due process under the law or 4 prohibiting the respondent from normal access to the charges and 5 evidence filed against him or her as a part of due process under the 6 law. 7 (G) A person aggrieved by a final action of the board may seek 8 review of the decision in accordance with the Administrative 9 Procedures Act. 10 11 Section 40-47-1590. (A) An applicant for registration as a 12 surgical technologist or as a licensed surgical assistant shall file a 13 written application on forms provided by the board showing to the 14 satisfaction of the board that the applicant: 15 (1) has passed an Association of Surgical Technologists‟ 16 nationally approved certification exam for surgical technologists or 17 surgical assistants; 18 (2) has completed a dedicated training program for surgical 19 technologists or surgical assistants in the armed forces and holds a 20 national certification approved by the Association of Surgical 21 Technologists; 22 (3) has submitted a completed notarized application form, 23 the required fee in the form of a certified check or money order, 24 and an acceptable legal document indicating any name changes, if 25 applicable; 26 (4) may be required, at the discretion of the board, whether 27 acting on reasonable doubt or random evaluation, to submit to a 28 mental or physical examination, or both, by a physician or 29 physicians designated by the board to certify mental or physical 30 well-being, or both; 31 (5) has submitted verification of any current registration, 32 licensure, or regulation in other states, if applicable; 33 (6) has submitted verification of any current national 34 certification; 35 (7) is not in violation of this article or any regulation 36 promulgated under this article at the time of application or renewal 37 and can be proven by background and drug tests at the discretion 38 of the board. 39 (B) However, if registration, licensure, or regulation in other 40 states is as stringent as those set forth in this article, it may be 41 deemed sufficient for registration or licensure in this State. 42 (C) The burden is upon the applicant to demonstrate to the 43 satisfaction of the board and in the manner prescribed by the board [63] 9
  • 11. 1 that the applicant has the qualifications and is eligible for 2 registration or licensure. 3 4 Section 40-47-1600. (A) All registrations and licenses are 5 valid for a period of time not to exceed two years, and it is the 6 registrant‟s or the licensee‟s responsibility to renew the registration 7 or license on January first whether or not a notice is received. 8 Every effort must be taken by the board to provide written 9 notification for renewal, but the board is not responsible for 10 delivery or receipt of the notice. A surgical technologist or 11 surgical assistant who first becomes registered or licensed in the 12 last quarter of the year must be issued a registration or license for 13 the next licensing period. 14 (B) A registered surgical technologist and licensed surgical 15 assistant before January second in every other year shall apply to 16 the board for registration or license renewal and pay the renewal 17 fee. 18 (C) If a person does not renew a registration or license before 19 January first or if a registration or license renewal application is 20 not postmarked before January second, the board may charge a late 21 renewal penalty. If a person fails to renew a registration or license 22 and if the person‟s registration or license renewal application is not 23 postmarked before February first, the person‟s registration or 24 license automatically lapses. A person who fails to renew a 25 registration or license or who fails to submit a registration or 26 license renewal application postmarked before February first and 27 who practices as a registered surgical technologist or licensed 28 surgical assistant after January thirty-first is deemed to be 29 practicing without registration or a license and is subject to the 30 penalties provided for in this article. All deadlines must be clearly 31 marked on the renewal application; however, the burden of 32 responsibility of meeting the deadline is on the registrant or 33 licensee. If a lapse occurs, the board shall notify the registrant or 34 licensee. 35 (D) As a condition of registration and license renewal, the 36 continuing education requirements provided for in Section 37 40-47-1540(J)(5) must be satisfied, and the registrant or licensee 38 must show evidence of continuing national certification as required 39 in Section 40-47-1520(11)(b). 40 (E) If a person‟s registration or license lapses because the 41 person did not satisfy the continuing education and certification 42 requirements of subsection (D), the person shall comply with [63] 10
  • 12. 1 subsection (C) before the board may renew the registration or 2 licensure. 3 (F) Fees for registration of surgical technologists and licensure 4 of surgical assistants must be established and adjusted biennially to 5 ensure that they are sufficient, but not excessive, to cover expenses 6 including the total of the direct and indirect costs to the State for 7 the operations of the committee. The board shall establish fees for: 8 (1) initial registration or licensure; 9 (2) renewal of registration or licensure; 10 (3) late renewal fee; 11 (4) reduced rates for newly graduated certified surgical 12 technologists and certified surgical assistants just entering the 13 practice. 14 (G) All fees are nonrefundable and may be prorated in order to 15 comply with a biennial schedule. 16 (H) A registrant or licensee who does not wish to renew an 17 active registration or license may select inactive status on the form 18 provided to the board and may not practice as a registered surgical 19 technologist or licensed surgical assistant. 20 (I) A surgical technologist or surgical assistant whose 21 registration or license has been inactive may apply to the board to 22 reactivate the registration or license. Conditions for reactivation 23 are the same as for activation. 24 25 Section 40-47-1610. A registrant or licensee shall notify the 26 board of a change in name or mailing address within thirty days 27 and, when requesting a name change on a license, shall submit 28 legal documentation indicating the name change. 29 30 Section 40-47-1620. Nothing in this article may be construed to 31 authorize a person who holds a registration or license to engage in 32 the practice of medicine or in the practice of registered nursing or 33 in the practice of advanced practice nursing. Nothing in this article 34 may be construed to prohibit a hospital or physician from utilizing 35 professional judgment and discretion in determining the respective 36 roles of registered surgical technologists and licensed surgical 37 assistants, with no additional registration or licensure required, 38 generally by policy or on an individual case by case basis. 39 Nothing in this article may be construed to restrict a physician 40 from delegating technical and clinical tasks to surgical 41 technologists and other surgical assistants or licensed employees 42 who perform delegated tasks in a surgical setting. Nothing in this 43 article may be construed to relieve the supervising physician of the [63] 11
  • 13. 1 professional or legal responsibility for the care and treatment of his 2 or her patients. In addition, nothing in this article may be 3 construed to require licensure as a surgical assistant for those 4 individuals who are exempted, including registered nurses, 5 advanced practice nurses, licensed practical nurses and certified 6 physician assistants. 7 8 Section 40-47-1630. (A) Within a year from the effective date 9 of this article, a person may apply to the board and become 10 registered as a surgical technologist or licensed as a surgical 11 assistant, notwithstanding the provisions of Section 12 40-47-1590(A)(1)-(4), if the person has been engaged in the 13 practice of surgical technology or surgical assisting or first 14 assisting, as defined in Section 40-47-1520, as the person‟s 15 primary function: 16 (1) continuously for six months before the effective date of 17 this article; 18 (2) for one out of the last five years before the effective date 19 of this article; or 20 (3) as a recent graduate of a civilian or military surgical 21 technology or surgical assisting program; 22 (B) A person establishing legal residence in this State, or 23 residing in another state, more than one year after the effective 24 date of this article or residing in another state, may apply to the 25 board to become registered as a surgical technologist or licensed as 26 a surgical assistant. If he or she is registered or licensed as such in 27 another state with substantially similar requirements as those 28 contained in Section 40-47-1590, he or she may acquire 29 registration or licensure without further requirements, as 30 determined by the board upon recommendation of the advisory 31 committee. 32 (C) In applying for registration or licensure pursuant to this 33 section, the burden of proof lies with the applicant to demonstrate 34 that he or she meets the requirements of this section. However, if 35 the person is applying for licensure as a surgical assistant pursuant 36 to this section, in meeting the burden of proof, he or she must 37 include a sworn affidavit from a supervising surgeon or a hospital 38 operating room or ambulatory surgical facility manager 39 demonstrating their proof of practice. 40 41 Section 40-47-1640. One year after the effective date of this 42 article, no one may practice the profession of surgical technology 43 or surgical or first assisting or hold themselves out to be a [63] 12
  • 14. 1 registered surgical technologist or a licensed surgical assistant, as 2 defined in Section 40-47-1520, without being registered as a 3 surgical technologist or licensed as a surgical assistant. 4 5 Section 40-47-1650. The board is authorized to promulgate 6 regulations pursuant to this article.” 7 8 SECTION 2. If any section, subsection, paragraph, subparagraph, 9 sentence, clause, phrase, or word of this act is for any reason held 10 to be unconstitutional or invalid, such holding shall not affect the 11 constitutionality or validity of the remaining portions of this act, 12 the General Assembly hereby declaring that it would have passed 13 this article, and each and every section, subsection, paragraph, 14 subparagraph, sentence, clause, phrase, and word thereof, 15 irrespective of the fact that any one or more other sections, 16 subsections, paragraphs, subparagraphs, sentences, clauses, 17 phrases, or words hereof may be declared to be unconstitutional, 18 invalid, or otherwise ineffective. 19 20 SECTION 3. This act takes effect upon approval by the Governor. 21 ----XX---- 22 [63] 13

×