Tenn. Comp. R. & Regs. 0880-02-.26 - SURGICAL ASSISTANT REGISTRATION

(1) To use or assume the title "registered surgical assistant" in Tennessee, a person must first possess a lawfully issued registration from the board. The procedure to obtain a registration is as follows:

(a) A surgical assistant shall obtain an application form from the Board Administrative Office, respond truthfully and completely to every question or request for information contained in the form and submit it along with all documentation and fees required by the form and this rule to the Board Administrative Office.

(b) An applicant shall submit satisfactory evidence that the applicant:

1. Holds and maintains a current credential as a surgical assistant or surgical first assistant issued by:

(i) The National Board of Surgical Technology and Surgical Assisting (NBSTSA);

(ii) The National Surgical Assistant Association (NSAA); or

(iii) The National Commission for Certification (NCCSA); or

2. Has successfully completed a surgical assistant training program during the applicant's service as a member of any branch of the armed forces of the United States; or

3. Has practiced as a surgical assistant within the six (6) months prior to July 1, 2017, provided the applicant registers with the board by December 31, 2019.

(c) An applicant shall submit the Surgical Assistant Registration Fee and the state regulatory fee as provided in Rule 0880-02-.02(1).

(2) Review and decisions on registration applications shall be governed as follows:

(a) The Board's administrative staff shall determine when a registration file is complete.

(b) If an application is incomplete when received by the Board Administrative Office, the applicant shall be notified of the information required. The applicant shall cause the requested information to be received by the Board Administrative Office on or before the ninetieth (90th) day after the initial letter notifying the applicant of the required information is sent. If requested information is not timely received, the application file shall be closed, and the applicant notified that the Board will not consider registration until a new application is received.

(c) If a completed application is denied, conditioned, or restricted by the board, a notification of the denial shall be sent by the Board Administrative Office by certified mail, return receipt requested, which shall contain the specific authority for the denial. The applicant is not entitled to a contested case hearing. If an applicant believes that the denial was in error, the applicant may request, in writing within 30 days of receipt of the denial, to appear before the board for an interview.

(3) All registrants must renew their registration to be able to legally continue in practice as a registered surgical assistant. Registration renewal is governed by the following:

(a) The due date for registration renewal is its expiration date, which is the last day of the month in which a registrant's birthday falls pursuant to the Division of Health Related Boards "biennial birthdate renewal system" contained in Rule 1200-10-01-.10.

(b) Methods of Renewal - Registrants may accomplish renewal by one of the following methods:

1. Internet Renewals - Individuals may apply for renewal and pay the necessary Surgical Assistant Renewal Fee via the Internet. The application to renew can be accessed at: www.tn.gov/health

2. Paper Renewals - Registrants who have not renewed their authorization online via the Internet will have a renewal application form mailed to them at the last address provided by them to the Board prior to the expiration date of their current registration. Failure to receive such notification does not relieve the individual of the responsibility of timely meeting all requirements for renewal. To be eligible for renewal a registrant must submit to the Division of Health Related Boards on or before the registrant's expiration date the following:

(i) A completed and signed renewal application form.

(ii) The Surgical Assistant Renewal Fee and state regulatory fees as provided in Rule 0880-02-.02.

(c) Any renewal application received after the expiration date but before the last day of the month following the expiration date must be accompanied by the Late Renewal Fee provided in Rule 0880-02-.02.

(d) Any individual who fails to comply with the registration renewal rules and/or notifications sent to them concerning failure to timely renew shall have their registration processed pursuant to Rule 1200-10-01-.10.

(e) Anyone submitting a signed renewal form, electronically or otherwise, which is found to be fraudulent or untrue may be subject to disciplinary action.

(f) Any registrant who receives notice of failure to timely renew pursuant to T.C.A. § 63-6210 and Rule 1200-10-01-.10, and who, on or before the last day of the month following the month in which the registration expires, executes, and files in the Board's administrative office an affidavit of retirement pursuant to Rule 0880-02-.10 may have their registration retired effective on their registration expiration date.

(4) Registrants who have failed to renew timely may be reinstated upon meeting the following conditions:

(a) Submitting a complete renewal/reinstatement application;

(b) Submitting payment of the Surgical Assistant Registration Renewal Fee and late renewal fee provided in Rule 0880-02-.02;

(c) Submit, along with the application, documentation of successful completion of fifteen (15) hours of continuing education in compliance with Rule 0880-02-.26(8) for each period of twelve (12) months or less preceding the renewal/reinstatement request, up to sixty (60) hours; and

(d) At the discretion of the Board, either appear before it or submit a notarized statement setting forth the good cause for failure to renew. An applicant for reinstatement who has been out of clinical practice for more than two years may be subject to any re-entry policy or guidelines the Board is using at the time of the reinstatement request.

(5) If derogatory information or communication is received during the renewal process, if requested by the Board or its duly authorized representative, the renewal/reinstatement applicant must appear before the Board, a duly constituted panel of the Board, a Board member, or a screening panel for an interview, and/or be prepared to meet or accept other conditions or restrictions as the Board may deem necessary to protect the public.

(6) Renewal issuance and reinstatement decisions pursuant to this rule may be made administratively subject to review by the Board, any Board member, or the Board Designee.

(7) Upon a finding by the Board that a registrant has violated any provision of the Tennessee Medical Practice Act at T.C.A. § 63-6-214, or these rules, discipline and civil penalties shall be governed by Rule 0880-02-.12.

(8) All registrants must complete thirty (30) hours of continuing education during the twenty-four (24) months that precede licensure renewal.

(a) Proof of Compliance -

1. Documentation verifying the registrant's completion of the continuing education hours must consist of either:

(i) Original certificates or original letters from course providers verifying the registrant's attendance and completion of the course; and

(ii) Verification of the continuing education hours from NBSTSA, NSAA, or NCCSA; or

(iii) Successful completion of the National Commission for the Certification of Surgical Assistants examination. Registrants must sit for and pass this examination prior to the expiration of the twenty-four (24) months that precede their registration renewal. Passage of this examination prior to the registrant's expiration date will satisfy the thirty (30) hours of required continuing education for the preceding licensure cycle.

2. All registrants must retain independent documentation of completion of all continuing education and compliance with the provisions of these rules for a period of four (4) years from the end of the calendar year in which the continuing education was acquired.

3. This documentation must be produced for inspection and verification, if requested in writing by the Division during its verification process.

(b) Violations - Any registrant who fails to obtain the required continuing education hours or otherwise comply with the provisions of these rules will be subject to disciplinary action. Continuing education hours obtained as a result of compliance with the terms of Board Orders in any disciplinary action or obtained pursuant to licensure or renewal conditions mandated by the Board shall not be credited toward the continuing education required to be obtained in any calendar year.

(c) Waiver - The Board may waive the requirements of these rules in cases where illness, disability, or other undue hardship beyond the control of the registrant prevents a registrant from complying. Requests for waivers must be sent in writing to the Board prior to the expiration of the calendar year in which the continuing education is due.

Notes

Tenn. Comp. R. & Regs. 0880-02-.26

New rule filed October 4, 2021; effective 1/2/2022.

Authority: T.C.A. § 63-6-219.