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LEGISLATION
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June 2009
The TNAST Board of Directors
received the following question from one of its members. “What is
the law in Tennessee on being certified vs. not being certified and the
date to which if you are not certified you are grandfathered in and do
not legally have to be certified for a surgical tech and for a first
assistant”.
Below is the response that the TNAST Board received from AST, Inc. to the question that was presented.
On behalf of the Association of
Surgical Technologists, I would like to give you the following
information regarding surgical technologists and surgical assistants in
the State of Tennessee.
For your information, surgical
technologists require certification as a requirement for employment in
the State of Tennessee. Unless you are a graduate of an
CAAHEP-accredited surgical technology program or an U.S. military
surgical technology program or are grandfathered.
The date mentioned in the
Tennessee surgical technology law (attached) is May 21, 2007 for an
individual who was employed as a surgical technologist for no less than
18 months in the 3 years proceeding that date (May 21, 2007). Another
date mentioned is May 21, 2010 as a completion date for students in a
surgical technology program that commenced prior to May 21, 2007.
There is also a waiver that
exempts a healthcare facility from employing surgical technologists
that comply with state law up to 6 months, multiple waivers are
available, but all exemptions greater than 12 consecutive months must
be approved by the board.
For your information, surgical assistants (i.e. CFA) are not licensed, certified or registered by the State of Tennessee.
Generally speaking, CFAs acting
as first assistants are doing so under the broad delegatory authority
of physicians, specific provisions for which vary slightly from state
to state. The basis for CFAs serving as first assistants is usually
found in state medical practice acts or as rendered through the states'
attorneys' general offices. The underlying principle is that
"physicians/surgeons may delegate to non-physicians, those tasks
normally carried out by another physician when performed under the
direct supervision and in the physical presence of the physician and
the physician and/or employer has made a reasonable determination that
the person to whom those tasks are to be delegated has the appropriate
skills and knowledge to safely perform those tasks." This principle
supports the discretion of the physician in determining who will assist
and to what extent, throughout the conduct of his or her case. It also
emphasizes the need for all individuals who function as first
assistants to be credentialed by the institution in which those
specific services will be provided.
I hope the following information is of help to you. If you need any further information, please contact me.
Sincerely,
Graham Lee Shepard
Government Affairs Coordinator
Association of Surgical Technologists
1-800-637-7433 Ext. 2540
graham.shepard@ast.org
The TN law is below!
Tennessee Code
Title 68 Health, Safety and Environmental Protection
Health
Chapter 57 Surgical Technologists
68-57-101. 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.
To view these bills in their entirety, please go to www.legislature.state.tn.us, click on LEGISLATION and simply type in the bill number (example HB1169). These can alos be viewed under Chaptered Bills. Click on Legislation go under Chaptered Bills. HB1169 is Chaptered Bill No. 252, HB1679 is Chaptered Bill No. 208
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TENNESSEE GOVERNOR SIGNS SURGICAL TECHNOLOGY BILL. Pictured
above. The formal signing took place on May 17, 2004 in
Nashville,TN. Below- Front Row: Representative Kathryn
Bowers, Tennessee Governor Phil Bredesen, Representative Gary
Odom Second Row: Chuck Lane,CST- Melissa Moore,CST- Donna
Henderson,CST- Margie LeMaster,CST- Cyndy Schaub,CST- Michelle
Dodson,CST- Shirley Abram,CST Back Row: Ben Price,AST
Director of Government Affairs- Jackie Neighbors,CST
For questions on our legislative issues, please contact the TNAST Legislative Committee Chairperson Donna Henderson at why345@aol.com or 423-488-6683 cell
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