OPERATING ROOM SAFETY ACT

Illinois General Assembly - Full Text of HB4490

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4490

Introduced 1/20/2026, by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

New Act

Creates the Operating Room Patient Safety Act. Provides that each
surgical technologist hired or contracted by a health care facility on or
after January 1, 2028 shall meet specified educational, certification, or
experiential requirements. Provides that health care facilities located in
a Health Professional Shortage Area or Medically Underserved Area, as
determined by the federal government, shall be exempt as provided but
shall have a hiring preference for surgical technologists who graduated
from nationally accredited surgical technology programs and are certified
through the National Board of Surgical Technology and Surgical Assisting
or the National Center for Competency Testing. Provides that nothing in
the Act prohibits a person licensed in the State under any other Act from
engaging in the practice for which the person is licensed, including, but
not limited to, a physician licensed to practice medicine in all its
branches, a physician assistant, an advanced practice registered nurse, or
a nurse performing surgery-related tasks within the scope of the nurse's
license or registration; or a student or intern from performing surgical
technology services under direct supervision, as defined in the Registered
Surgical Assistant and Registered Surgical Technologist Title Protection
Act.
LRB104 17111 BAB 30530 b

A BILL FOR

HB4490
LRB104 17111 BAB 30530 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Operating Room Patient Safety Act.

6

Section 3.
Purpose.
It is the public policy of the State
7
that the State has a legitimate interest in ensuring that all
8
surgical procedures are performed to ensure maximum patient
9
safety. Therefore, the purpose of this Act is to:
10

(1) ensure that an operating room has been prepared by
11

qualified, trained professionals;
12

(2) ensure that surgical equipment and instruments are
13

properly sterilized and functioning safely;
14

(3) ensure that during surgical procedures, the
15

surgical team can rely on qualified, trained professionals
16

to ensure a sterile environment is maintained; and
17

(4) provide the surgical team with proper instruments
18

and supplies as requested.

19

Section 5.
Definitions.
As used in this Act:
20

"Health care facility" means a facility regulated under
21
the Hospital Licensing Act, the Ambulatory Surgical Treatment
22
Center Act, or the University of Illinois Hospital Act.

HB4490
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LRB104 17111 BAB 30530 b
1
"Health care facility" does not include: (i) a health care
2
facility that is a critical access hospital as designated by
3
the Department of Public Health in accordance with 42 CFR 485,
4
Subpart F; (ii) a rural emergency hospital as defined under
5
subsection (kkk)(2) of Section 1861 of the federal Social
6
Security Act; or (iii) a health care facility that is located
7
more than 60 miles from a nationally accredited surgical
8
technology program located in Illinois.
9

"Surgical technologist" means an individual who is
10
employed by or contracts with a health care facility to
11
perform surgical technology services and functions.
12

"Surgical technology services" means surgical patient care
13
including, but not limited to, one or more of the following:
14

(1) preparation of an operating room and the sterile
15

operating field for surgical procedures, by ensuring that
16

surgical equipment is functioning properly and safely, and
17

using sterile techniques to prepare surgical supplies,
18

instruments, and equipment;
19

(2) intraoperative anticipation and response to the
20

needs of surgeons, nurses, and other surgical team members
21

by monitoring the sterile operating field in an operating
22

room and providing the required instruments or supplies;
23

(3) performance of tasks at the sterile operating
24

field, as directed in an operating room setting,
25

including:
26

(A) passing surgical supplies, instruments, and

HB4490
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LRB104 17111 BAB 30530 b
1

equipment directly to a health care provider;
2

(B) sponging or suctioning an operative site;
3

(C) preparing and cutting suture material;
4

(D) transferring and irrigating with fluids;
5

(E) transferring, but not administering, drugs
6

within the sterile field; or
7

(F) handling surgical specimens.

8

Section 10.
Requirements for surgical technologists.
Each
9
surgical technologist hired or contracted by a health care
10
facility on or after January 1, 2028 shall meet one or more of
11
the following requirements:
12

(1) The surgical technologist has successfully
13

completed a nationally accredited program for surgical
14

technologists and is certified through the National Board
15

of Surgical Technology and Surgical Assisting or the
16

National Center for Competency Testing.
17

(2) If the surgical technologist has successfully
18

completed the educational requirements under paragraph (1)
19

but has not, on the date the surgical technologist is
20

hired or enters into the contract with the health care
21

facility, obtained the national certification under
22

paragraph (1), the surgical technologist must obtain that
23

certification within 18 months after being hired or
24

entering into the contract.
25

(3) The surgical technologist is registered as a

HB4490
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LRB104 17111 BAB 30530 b
1

registered surgical technologist under the Registered
2

Surgical Assistant and Registered Surgical Technologist
3

Title Protection Act.
4

(4) The surgical technologist has successfully
5

completed a training program for surgical technology in
6

the armed forces of the United States or the United States
7

Public Health Service.
8

(5) The surgical technologist has engaged in the
9

practice of surgical technology at a hospital licensed
10

under the Hospital Licensing Act or an ambulatory surgical
11

treatment center licensed under the Ambulatory Surgical
12

Treatment Center Act before January 1, 2028.

13

Section 15.
Exemptions.
14

(a) Health care facilities located in a Health
15
Professional Shortage Area or Medically Underserved Area, as
16
determined by the federal government, shall be exempt from
17
Section 10 of this Act but shall have a hiring preference for
18
surgical technologists who graduated from nationally
19
accredited surgical technology programs and are certified
20
through the National Board of Surgical Technology and Surgical
21
Assisting or the National Center for Competency Testing.
22

(b) Nothing in this Act prohibits:
23

(1) a person licensed in this State under any other
24

Act from engaging in the practice for which the person is
25

licensed, including, but not limited to, a physician

HB4490
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LRB104 17111 BAB 30530 b
1

licensed to practice medicine in all its branches, a
2

physician assistant, an advanced practice registered
3

nurse, or a nurse performing surgery-related tasks within
4

the scope of the nurse's license or registration; or
5

(2) a student or intern from performing surgical
6

technology services under direct supervision, as defined
7

in the Registered Surgical Assistant and Registered
8

Surgical Technologist Title Protection Act.

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