TENNESSEE SURGICAL TECHNOLOGIST LAW

FREQUENTLY ASKED QUESTIONS

Question: The Tennessee legislature updated the surgical technologist law in 2013.  What is the impact of the revised law?

Answer:  The legislature made two primary changes to the law.  The first was a technical amendment which updated the name of the organization that confers the Certified Surgical Technologist (CST) credential to reflect their name change to the National Board of Surgical Technology and Surgical Assisting (NBSTSA).

The Tennessee legislature also revised the surgical technologist education and certification law to require either current CST certification from the NBSTSA or 15 hours per year of continuing education (CE) for all individuals employed as surgical technologists who are exempt from the CST certification requirement in Tennessee. Only surgical technologists employed as surgical technologists directly by the federal government are exempt from the new requirement. 

Question: Are grandfathered individuals required to earn CE?

Answer:  Under the revised law, grandfathered individuals working as surgical technologists must earn 15 hours of CE annually or earn and maintain the CST certification from the NBSTSA. 

Question: Are graduates of CAAHEP-accredited programs who do not have current CST certification now required to earn CE? 

Answer:  Graduates of CAAHEP-accredited surgical technology programs who are employed as surgical technologists must earn and maintain CST certification or earn 15 hours of CE annually. 

Question: What is the effective date of the new law? 

Answer: The effective date of the continuing education requirement is July 1, 2013. It is under the purview of the employing hospital or ambulatory surgical center to interpret by which date the first 15 hours of CE must be complete, e.g., December 31, 2013 or July 1, 2014. The revised law states persons qualified to be employed as a surgical technologist "shall complete fifteen hours of continuing education or contact hours annually to remain qualified for employment and shall submit verification of having completed such continuing education or contact hours requirements to their employers." 

Question: If a surgical technologist has current CST certification, is he or she required to earn 15 hours of continuing education annually? 

Answer: The revised law states the submission of current CST certification by the NBSTSA shall satisfy the CE requirements. Thus, individuals with proof of current and active CST certification from the NBSTSA are not required to earn 15 hours of CE each year, but must ensure their CST certification is current and active.   Employers are responsible for checking for current CST certification annually. The law aims to ensure all surgical technologists maintain current knowledge related to their profession, such as new surgical equipment and techniques.

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TENNESSEE SURGICAL TECHNOLOGIST LAW

FREQUENTLY ASKED QUESTIONS

Question: Who may health care facilities hire to practice surgical technology in Tennessee? 

Answer:  To practice as a surgical technologist in Tennessee, a surgical technologist must provide evidence to his or her employer of meeting one of following requirements:

(1) Holds current and active national Certified Surgical Technologist (CST) certification established by the National Board of Surgical Technology and Surgical Assisting (NBSTSA).  Proof of current CST certification satisfies proof of meeting the annual CE requirement.  

(2) Has completed a program for surgical technology accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) and completes 15 hours of CE annually.  (Such individuals are eligible to take the CST exam to earn CST certification from the NBSTSA.  These individuals may earn and maintain CST certification in lieu of completing 15 hours of CE annually.)

(3) Any person who successfully completed the surgical technologists NBSTSA certifying exam and completes 15 hours of continuing education annually. (Such individuals, if not currently certified, are eligible to re-take the CST exam to earn CST certification from the NBSTSA.  These individuals may earn and maintain CST certification in lieu of completing 15 hours of CE annually.) 

(4) Has completed an appropriate training program for surgical technologists in the U.S. Army, Navy or Air Force and completes 15 hours of continuing education annually. (Such individuals may be eligible to take the CST exam to earn CST certification from the NBSTSA.   See the NBSTSA website for eligibility details. These individuals may earn and maintain CST certification in lieu of completing 15 hours of CE annually.)

(5) Is directly employed by the federal government as a surgical technologist; or 

(6) Any person who is grandfathered (defined below) and completes 15 hours of continuing education annually or earns and maintains CST certification.

Question: Who may be grandfathered as a surgical technologist in Tennessee? 

Answer:  

(1) A person who provides sufficient evidence that, prior to May 21, 2007, the person was at any time employed as a surgical technologist for not less than eighteen (18) months in the three (3) years preceding May 21, 2007; or

(2) Any person who furnishes proof of completion of a surgical technology program that was in the process of becoming CAAHEP-accredited on July 1, 2006; or

(3) Any surgical technologist who began a surgical technology program prior to May 21, 2007 and completed such training by May 21, 2010.

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TENNESSEE SURGICAL TECHNOLOGIST LAW

FREQUENTLY ASKED QUESTIONS

Question:  May health care facilities require that every individual employed as a surgical technologist hold the Certified Surgical Technologist credential?

Answer:  Yes. While facilities must meet the minimum standards set forth in the law, health facilities may go above and beyond the law and require that all surgical technologists hold CST certification, even if a person meets one the qualifications in the law besides certification, e.g., grandfathering.  The Association of Surgical Technologist’s Recommended Standards of Practice urges that any individual employed as surgical technologist be a graduate of a CAAHEP-accredited program in surgical technology and attain the CST credential administered by the NBSTSA. 

To ease compliance, most facilities in states with similar certification standards in place require CST certification from the NBSTSA for all certification-eligible surgical technologist employees and for all newly-hired surgical technologists. 

Please note: The Association of Surgical Technologists provides this information on an educational basis and does not offer legal advice. AST recommends that individuals or health care facilities consult with their attorneys for answers to legal questions.

Public Chapter NO. 391 signed by the Governor and shall take effect July 1, 2013 the public welfare requiring it..... It will amend Tennessee Code Annotated, Title 68, Chapter 57, Part 1, relative to surgical technologist.....

                   Bill Summary            HB 0615 by *Shipley. (SB 0623 by *Norris.)

Medical Occupations - As introduced, specifies that persons employed as surgical technologists earn 60 continuing education credits to meet national certification established by the National Board of Surgical Technology and Surgical Assisting (NBSTSA). - Amends TCA Title 68, Chapter 57, Part 1.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

ON MARCH 25, 2013, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 623, AS AMENDED. AMENDMENT #1 rewrites this bill and revises present law regarding the qualifications for surgical technologists. Generally, under present law, individuals employed as surgical technologists must: (1) Hold current national certification established by the Liaison Council on Certification for the Surgical Technologist (LCC-ST); (2) Have completed a program for surgical technology accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP); (3) Have completed an appropriate training program for surgical technologists in the armed forces or at a CAAHEP accredited hospital or CAAHEP accredited ambulatory surgical treatment center program; or (4) Successfully complete the surgical technologists LCC-ST certifying exam. This amendment revises (1) to replace references to "Liaison Council on Certification for the Surgical Technologist (LCC-ST) with references to the "National Board of Surgical Technology and Surgical Assisting (NBSTSA)" and revises (4) to replaces references to "LCC-ST" with references to "NBSTSA". This amendment requires persons qualified to be employed as surgical technologists to complete 15 hours of continuing education annually to remain qualified for employment and to submit verification of having completed such continuing education requirements to their employers. The submission of current certification by the NBSTSA will satisfy this requirement. ON APRIL 15, 2013, THE HOUSE SUBSTITUTED SENATE BILL 623 FOR HOUSE BILL 615, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 623, AS AMENDED. AMENDMENT #2 specifies that the present law qualification requirements for surgical technologists and the provisions of this bill would not constitute a requirement to be assessed during any inspection under present law regarding regulation of health and related facilities. This amendment revises the bill's requirement that persons qualified to be employed as surgical technologists annually complete 15 hours of continuing education to remain qualified for employment to instead require that such persons annually complete "15 hours of continuing education or contact hours" to remain qualified for employment.

2004 LawTennessee CodeTitle 68 Health, Safety and Environmental ProtectionHealthChapter 57 Surgical Technologists68-57-101. Qualifications for employment of surgical technologists. -(a)  Individuals employed as surgical technologists shall:      (1)  Hold current national certification established by the Liaison Council on Certification for the Surgical Technologist (LCC-ST);      (2)  Have completed a program for surgical technology accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP);      (3)  Have completed an appropriate training program for surgical technologists in the armed forces or at a CAAHEP accredited hospital or CAAHEP accredited ambulatory surgical treatment center program. For the purposes of this chapter, "armed forces" means the army, navy, air force, marine corps, coast guard, or public health service of the United States; or      (4)  Successfully complete the surgical technologists LCC-ST certifying exam.(b)  Any student who completes a surgical technology program that is in the process of becoming CAAHEP accredited on July 1, 2006, shall be considered a graduate of a CAAHEP accredited program. [Acts 2004, ch. 532, § 2.]68-57-102. Alternative qualifications for employment - Exemption of federal employees. -(a)  In addition to individuals identified in § 68-57-101, a person may be employed upon providing sufficient evidence that, prior to May 21, 2007, the person was at any time employed as a surgical technologist for not less than eighteen (18) months in the three (3) years preceding May 21, 2007, in a hospital, medical office, surgery center, or an accredited school of surgical technology, as defined by this chapter. An individual who has begun the appropriate training to be a surgical technologist as defined by this section, prior to May 21, 2007, shall be eligible for employment as a surgical technologist; provided, that the training is completed by May 21, 2010.(b)  Notwithstanding any provision of law to the contrary, a surgical technologist in the service of the federal government is exempt from the provisions of this chapter while performing duties related to such employment. [Acts 2004, ch. 532, § 3; 2005, ch. 159, § 1; 2007, ch. 208, § 1.]68-57-103. Penalties. - The license of a hospital, ambulatory surgical treatment center, or other such entity that violates any provision of this chapter may be subject to penalties imposed by the board for licensing healthcare facilities pursuant to § 68-11-207. [Acts 2004, ch. 532, § 4.]68-57-104. Waiver. - A hospital, ambulatory surgical treatment center, or other such entity may petition the director of health care facilities of the department for a waiver from the provisions of this chapter if such entity is unable to employ a sufficient number of surgical technologists who meet the requirements of this chapter. The hospital, ambulatory surgical treatment center, or other such entity must demonstrate to the director that a diligent and thorough effort has been made to employ surgical technologists who meet the requirements of this chapter. The director shall refuse to grant a waiver upon finding that a diligent and thorough effort has not been made. A waiver shall exempt a facility from the provisions of this chapter for not more than six (6) months. Additional waivers may be granted, but all exemptions greater than twelve (12) consecutive months must be approved by the board. [Acts 2004, ch. 532, § 5.]68-57-105. Scope of practice of surgical technologists. - For the purposes of this chapter, "surgical technologist" means one who works under supervision to facilitate the safe and effective conduct of invasive surgical procedures. This individual is usually employed by a hospital, medical office, or surgical center and supervised during the surgical procedure according to institutional policy and procedure to assist in providing a safe operating room environment that maximizes patient safety by performing certain tasks, including, but not limited to:      (1)  Preparation of the operating room and the sterile field for surgical procedures by preparing sterile supplies, instruments, and equipment using sterile technique;      (2)  Preparation of the operating room for surgical procedures by ensuring that surgical equipment is functioning properly and safely; and      (3)  Passing instruments, equipment or supplies to a surgeon, sponging or suctioning an operative site, preparing and cutting suture material, holding retractors, transferring but not administering fluids or drugs, assisting in counting sponges, needles, supplies, and instruments, and performing other similar tasks as directed during a surgical procedure. [Acts 2007, ch. 252, § 1.]68-57-106. Health care providers' duties in surgical setting unaffected. - Nothing in this chapter shall limit or prevent health care providers licensed pursuant to title 63 from performing duties in a surgical setting. [Acts 2007, ch. 252, § 1.]

2007 Legislation: Two bills were introduced and signed into law! They are:

HB1679/SB1235 – Changes to the grandfather language, closing the loophole

And

HB1169/SB1236 – Creates and defines the scope of practice of surgical technologists in Tennessee that function under the law created in 2004.