Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 140.000 - Licensure Of Clinics
Subpart F - SURGICAL SERVICES
Section 140.621 - Surgical Technology
Universal Citation: 105 CMR 140.000 MA Code of Regs 140.621
Current through Register 1531, September 27, 2024
(A) Each clinic licensed to provide surgical services shall adopt policies and procedures addressing the following requirements set forth in M.G.L. c. 111, § 229.
(1) The clinic 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; or
(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 140.621(A)(1)(a); provided, however, such
certification shall be obtained within 12 months of the graduation date;
or
(c) was employed as a surgical
technologist in a surgical facility on or before July 1, 2013; or
(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
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 clinic 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 clinic may employ a surgical technologist who does not meet the requirements of 105 CMR 140.621(A) if the clinic receives a waiver from the department signifying the clinic has:
(1) made a diligent and thorough effort to
employ qualified surgical technologists who meet the requirements of 105 CMR
140.621(A)(1); and
(2) is unable to
employ enough qualified surgical technologists for its needs.
(C) Nothing in 105 CMR 140.621 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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