Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 130.000 - Hospital Licensure
Subpart D - SUPPLEMENTARY STANDARDS: PARTICULAR SERVICES
Section 130.861 - Surgical Technology
Universal Citation: 105 CMR 130.000 MA Code of Regs 130.861
Current through Register 1531, September 27, 2024
(A) Each hospital that provides surgical services in operating rooms shall adopt policies and procedures that address the following requirements set forth in M.G.L. c. 111, § 229.
(1) The hospital may not employ or
otherwise retain the services of any person to perform surgical technology
tasks or functions unless such person:
(a)
has successfully completed an accredited educational program for surgical
technologists and holds and maintains a certified surgical technologist
credential administered by a nationally recognized surgical technologist
certifying body accredited by the National Commission for Certifying Agencies
and recognized by the American College of Surgeons and the Association of
Surgical Technologists;
(b) has
successfully completed an accredited school of surgical technology but has not,
as of the date of hire, obtained the certified surgical technologist
certification required in 105 CMR 130.861(A)(1)(a); provided, however, that
such certification shall be obtained within 12 months of the graduation
date;
(c) was employed as a
surgical technologist in a surgical facility on or before July 1,
2013;
(d) has successfully
completed a training program for surgical technology in the Army, Navy, Air
Force, Marine Corps or Coast Guard of the United States or in the United States
Public Health Service which has been deemed appropriate by the commissioner;
or
(e) is performing surgical
technology tasks or functions in the service of the federal government, but
only to the extent the person is performing duties related to that
service.
(2) A person
employed or otherwise retained to practice surgical technology in a hospital
may assist in the performance of operating room circulator duties under the
direct clinical supervision, limited to clinical guidance, of the operating
room circulator if:
(a) the operating room
circulator is present in the operating room for the duration of the
procedure;
(b) any such assistance
has been assigned to such person by the operating room circulator;
and
(c) such assistance is
consistent with the education, training and experience of the person providing
such assistance.
(B) A hospital may employ a surgical technologist who does not meet the requirements of 105 CMR 130.861(A)(1) if the hospital receives a waiver from the department signifying that the hospital has:
(1) made a diligent and thorough effort
to employ qualified surgical technologists who meet the requirements of 105 CMR
130.861(A)(1); and
(2) is unable to
employ enough qualified surgical technologists for its needs.
(C) Nothing in 105 CMR 130.861 shall prohibit a licensed registered nurse, licensed or registered health care provider or other health care practitioner from performing surgical technology tasks or functions if such person is acting within the scope of such person's license.
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