(a) As a prerequisite to the registration of a surgical assistant's license, 36 hours of continuing education (CE) in surgical assisting or in courses that enhance the practice of surgical assisting are required to be completed every 24 months in the following categories:
  (1) at least 18 of the hours are to be from formal courses that are:
    (A) designated for AMA/PRA Category I credit by a CE sponsor accredited by the Accreditation Council for Continuing Medical Education;
    (B) approved for prescribed credit by the Association of Surgical Technologists/ Association of Surgical Assistants, the American Board of Surgical Assistants, or the National Surgical Assistants Association;
    (C) approved by the Texas Medical Association based on standards established by the AMA; or
    (D) designated for AOA Category 1-A credit approved by the American Osteopathic Association.
  (2) At least two of the formal hours of CE which are required by paragraph (1) of this subsection must involve the study of medical ethics and/or professional responsibility. Whether a particular hour of CE involves the study of medical ethics and/or professional responsibility shall be determined by the organizations which are enumerated in paragraph (1) of this subsection as part of their course planning.
  (3) As part of the required hours set forth under paragraph (1) of this subsection, a course in human trafficking prevention approved by the executive commissioner of the Texas Health and Human Services Commission must be completed. The course shall be approved by the Board to be credited toward the required medical ethics or professional responsibility hours set forth under paragraph (2) of this subsection.
  (4) The remaining 18 hours may be composed of informal self-study, attendance at hospital lectures or grand rounds not approved for formal CE, or case conferences and shall be recorded in a manner that can be easily transmitted to the board upon request.
(b) A licensed surgical assistant must report on the license renewal application if he or she has completed the required continuing education since the licensee last registered with the board. A licensee who timely registers, may apply CE credit hours retroactively to the preceding biennial registration period requirement, however, those hours may be counted only toward one registration permit. A licensee may carry forward CE credit hours earned prior to a registration report which are in excess of the 36-hour requirement and such excess hours may be applied to the renewal period's requirements, except for the course in human trafficking prevention required under subsection (a)(3) of this section. A maximum of 36 total excess credit hours may be carried forward and shall be reported according to the categories set out in subsection (a) of this section. Excess CE credit hours of any type may not be carried forward or applied to a report of CE more than two years beyond the date of the registration following the period during which the hours were earned.
(c) A licensed surgical assistant may request in writing an exemption for the following reasons:
  (1) the licensee's catastrophic illness;
  (2) the licensee's military service of longer than one year's duration outside the state;
  (3) the licensee's residence of longer than one year's duration outside the United States; or
  (4) good cause shown submitted in writing by the licensee that gives satisfactory evidence to the board that the licensee is unable to comply with the requirement for continuing education.
(d) Exemptions are subject to the approval of the executive director of the board and must be requested in writing at least 30 days prior to the expiration date of the license.
(e) An exception under subsection (c) of this section may not exceed two years but may be requested biennially, subject to the approval of the executive director of the board.
(f) This section does not prevent the board from taking board action with respect to a licensee or an applicant for a license by requiring additional hours of continuing education or of specific course subjects.
(g) The board may require written verification of both formal and informal credits from any licensee within 30 days of request. Failure to provide such verification may result in disciplinary action by the board.
(h) Unless exempted under the terms of this section, a licensee's apparent failure to obtain and timely report the 36 hours of CE as required and provided for in this section shall result in the denial of licensure renewal until such time as the licensee obtains and reports the required CE hours; however, the executive director of the board may issue to such a surgical assistant a temporary license numbered so as to correspond to the nonrenewed license. Such a temporary license shall be issued at the direction of the executive director for a period of no longer than 90 days. A temporary license issued pursuant to this subsection may be issued to allow the surgical assistant who has not obtained or timely reported the required number of hours an opportunity to correct any deficiency so as not to require termination of ongoing patient care.
(i) CE hours that are obtained to comply with the CE requirements for the prior biennial period as a prerequisite for obtaining licensure renewal, shall first be credited to meet the CE requirements for the previous period. Once the previous period's CE requirement is satisfied, any additional hours obtained shall be credited to meet the CE requirements for the current period.
(j) A false report or statement to the board by a licensee regarding CE hours reportedly obtained shall be a basis for disciplinary action by the board pursuant to §§206.302-.304 of the Act and §§164.051-.053 of the Medical Practice Act, Tex. Occ. Code Ann. A licensee who is disciplined by the board for such a violation may be subject to the full range of actions authorized by the Act including suspension or revocation of the surgical assistant's license, but in no event shall such action be less than an administrative penalty of $500.
(k) Unless otherwise exempted under the terms of this section, failure to obtain and timely report CE hours for the renewal of a license shall subject the licensee to a monetary penalty for late registration in the amount set forth in Chapter 175 of this title (relating to Fees, Penalties, and Applications). Any temporary CE licensure fee and any administrative penalty imposed for failure to obtain and timely report the 36 hours of CE required for renewal of a license shall be in addition to the applicable penalties for late registration or as set forth in Chapter 175 of this title (relating to Fees, Penalties and Applications).
(l) A surgical assistant, who is a military service member, may request an extension of time, not to exceed two years, to complete any CE requirements.

Source Note: The provisions of this §184.25 adopted to be effective April 27, 2003, 28 TexReg 3326; amended to be effective November 30, 2003, 28 TexReg 10493; amended to be effective January 24, 2016, 41 TexReg 623; amended to be effective July 7, 2016, 41 TexReg 4827; amended to be effective December 31, 2020, 45 TexReg 9523