22 TAC §184.4
The Texas State Board of Medical Examiners adopts on an emergency
basis, new §184.4, concerning Surgical Assistants. The new section is
adopted on an emergency basis as a result of House Bill 1183 of the 77th Legislature
requiring the board to license and regulate surgical assistants.
The rule is adopted on an emergency basis because House Bill 1183 requires
the applicants for surgical assistant licensure to file an application by
September 1, 2002. In order to establish requirements for licensure in time
to give adequate notice to those required to comply, the rule must be filed
on an emergency basis. The Administrative Procedure Act allows for emergency
rulemaking under §2001.034(a)(1) based on "a requirement of state or
federal law."
Elsewhere in this issue of the
Texas Register
the Texas State Board of Medical Examiners has withdrawn the previously
proposed version of §184.4, which appeared in the April 19, 2002, issue
of the
Texas Register
(27 TexReg 3300). The
new section is simultaneously proposed for permanent adoption in the proposed
section of this issue of the
Texas Register
.
The new section is adopted on an emergency basis pursuant to
the Administrative Procedure Act which allows for emergency rulemaking under §2001.034(a)(1)
based on "a requirement of state or federal law."
§184.4.Qualifications for Licensure.
(a)
Except as otherwise provided in this section, an individual
applying for licensure must:
(1)
submit an application on forms approved by the board;
(2)
pay the appropriate application fee;
(3)
certify that the applicant is mentally and physically able
to function safely as a surgical assistant;
(4)
not have a license, certification, or registration in this
state or from any other licensing authority or certifying professional organization
that is currently revoked, suspended, or subject to probation or other disciplinary
action for cause;
(5)
have no proceedings that have been instituted against the
applicant for the restriction, cancellation, suspension, or revocation of
certificate, license, or authority to practice surgical assisting in the state,
Canadian province, or uniformed service of the United States in which it was
issued;
(6)
have no prosecution pending against the applicant in any
state, federal, or Canadian court for any offense that under the laws of this
state is a felony;
(7)
be of good moral character;
(8)
not have been convicted of a felony or a crime involving
moral turpitude;
(9)
not use drugs or alcohol to an extent that affects the
applicant's professional competency;
(10)
not have engaged in fraud or deceit in applying for a
license;
(11)
pass an independently evaluated surgical assistant examination
approved by the board;
(12)
have been awarded at least an associate's degree at a
two or four year institution of higher education;
(13)
have successfully completed an educational program in
surgical assisting or a substantially equivalent educational program as outlined
in subparagraphs (A) and (B) of this paragraph;
(A)
A surgical assistant program or a substantially equivalent
program is limited to the following:
(i)
a surgical assistant program approved by the board. After
September 1, 2003, applicants who wish the board to recognize their education
and training at a surgical assistant program must demonstrate that the program
is in compliance with the guidelines for program accreditation established
by Commission on Accreditation of Allied Health Education Programs (CAAHEP);
(ii)
a medical school whereby the applicant can verify completion
of basic and clinical sciences coursework;
(iii)
a registered nurse first assistant program acceptable
to the board; and
(iv)
an accredited surgical physician assistant program acceptable
to the board.
(B)
The curriculum of a surgical assisting educational program
must include at a minimum, either as a part of that curriculum or as a required
prerequisite, successful completion of college level instruction in the following
courses, with the exception that clauses (iv) and (v) of this subparagraph
are not required to be college level instruction:
(i)
anatomy;
(ii)
physiology;
(iii)
basic pharmacology;
(iv)
aseptic techniques;
(v)
operative procedures;
(vi)
chemistry;
(vii)
microbiology;
(viii)
pathophysiology;
(ix)
clinical service rotations, that either:
(I)
are each at least 80 hours in length, in the following
areas:
(-a-)
cardiovascular surgery;
(-b-)
trauma surgery;
(-c-)
general surgery;
(-d-)
obstetrics and gynecology;
(-e-)
orthopedics;
(-f-)
pediatrics or an elective if the applicant affirms that
he or she has no intent to work as a surgical assistant for pediatric surgery;
or
(II)
meet the CAAHEP's supervised clinical preceptorship guidelines.
(14)
demonstrate to the satisfaction of the board the completion
of full-time work experience performed in the United States under the direct
supervision of a physician licensed in the United States consisting of at
least 2,000 hours of performance as an assistant in surgical procedures for
the three years preceding the date of the application;
(15)
be currently certified by a national certifying board
approved by the board; and
(16)
submit to the board any other information the board considers
necessary to evaluate the applicant's qualifications.
(b)
An applicant who submits an application before September
1, 2002 must provide documentation that the applicant has passed an examination
required for certification by one of the following certifying boards:
(1)
American Board of Surgical Assistants;
(2)
Liaison Council on Certification for the Surgical Technologist
(LCC-ST); or
(3)
National Surgical Assistant Association.
(c)
An applicant who submits an application before September
1, 2002 and is unable to meet the educational requirements set out in subsection
(a)(12) and (13) of this section must also provide documentation that the
applicant:
(1)
will complete before the third anniversary of the date
the license is issued under this chapter the following academic courses approved
by the board:
(A)
anatomy;
(B)
physiology;
(C)
basic pharmacology;
(D)
aseptic techniques;
(E)
operative procedures;
(F)
chemistry; and
(G)
microbiology; or
(2)
since September 30, 1995, has practiced full-time as a
surgical assistant in the United States under the direct supervision of a
physician licensed in the United States and has continuously been certified
as a surgical assistant by one of the following national certifying boards:
(A)
American Board of Surgical Assistants;
(B)
Liaison Council on Certification for the Surgical Technologist
(LCC-ST); or
(C)
National Surgical Assistant Association.
This agency hereby certifies that the emergency
adoption has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of
the Secretary of State on May 29, 2002.
TRD-200203337
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective Date: May 29, 2002
Expiration Date: August 6, 2002
For further information, please call: (512) 305-7016