(a) Except as otherwise provided in this section, an individual applying for licensure must:      
        (1) submit an application on forms approved by the board;       
        (2) pay the appropriate application fee;       
        (3) certify that the applicant is mentally and physically able to function safely as a surgical assistant;       
        (4) not have a license, certification, or registration in this state or from any other licensing authority or certifying professional organization that is currently revoked, suspended, or subject to probation or other disciplinary action for cause;       
        (5) have no proceedings that have been instituted against the applicant for the restriction, cancellation, suspension, or revocation of certificate, license, or authority to practice surgical assisting in the state, Canadian province, or uniformed service of the United States in which it was issued;       
        (6) have no prosecution pending against the applicant in any state, federal, or Canadian court for any offense that under the laws of this state is a felony;       
        (7) not have been convicted of a felony or a crime involving moral turpitude;       
        (8) not use drugs or alcohol to an extent that affects the applicant's professional competency;       
        (9) not have engaged in fraud or deceit in applying for a license;       
        (10) pass an independently evaluated surgical or first assistant examination approved by the board;       
        (11) have been awarded at least an associate's degree at a two or four year institution of higher education;       
        (12) have successfully completed an educational program as set forth in subparagraphs (A) and (B) of this paragraph;                  (A) A surgical assistant program accredited, for the entire duration of applicant's attendance, by the Commission on Accreditation of Allied Health Education Programs (CAAHEP); or                   (B) a substantially equivalent program that is one of the following:                      (i) a medical school whereby the applicant can verify completion of basic and clinical sciences coursework;                       (ii) a registered nurse first assistant program that is approved or recognized by an organization recognized by the Texas Board of Nursing for purposes of licensure as a registered nurse first assistant; or                       (iii) a post graduate clinical physician assistant program accredited, for the entire duration of applicant's attendance, by the Accreditation Review Commission on Education for the Physician Assistant, Inc. (ARC-PA), or by that committee's predecessor or successor entities designed to prepare the physician assistant for a surgical specialty.                     (C) The curriculum of an educational program listed in subparagraphs (A) and (B) of this paragraph must include at a minimum, either as a part of that curriculum or as a required prerequisite, successful completion of college level instruction in the following courses:                      (i) anatomy;                       (ii) physiology;                       (iii) basic pharmacology;                       (iv) aseptic techniques;                       (v) operative procedures;                       (vi) chemistry;                       (vii) microbiology; and                       (viii) pathophysiology.           
        (13) demonstrate to the satisfaction of the board the completion of full-time work experience performed in the United States under the direct supervision of a physician licensed in the United States consisting of at least 2,000 hours of performance as an assistant in surgical procedures for the three years preceding the date of the application;       
        (14) be currently certified by a national certifying board approved by the board; and       
        (15) submit to the board any other information the board considers necessary to evaluate the applicant's qualifications.       
      (b) An applicant must provide documentation that the applicant has passed a surgical or first assistant examination required for certification by one of the following certifying boards:      
        (1) American Board of Surgical Assistants;       
        (2) National Board of Surgical Technology and Surgical Assisting (NBSTSA) formerly known as Liaison Council on Certification for the Surgical Technologist (LCC-ST); or       
        (3) the National Surgical Assistant Association provided that the exam was administered on or after March 29, 2003.       
      (c) Alternative License Procedures for Military Service Members, Military Veterans, and Military Spouses.      
        (1) An applicant who is a military service member, military veteran, or military spouse may be eligible for alternative demonstrations of competency for certain licensure requirements. Unless specifically allowed in this subsection, an applicant must meet the requirements for licensure as specified in this chapter.       
        (2) To be eligible, an applicant must be a military service member, military veteran, or military spouse and meet one of the following requirements:                  (A) holds an active unrestricted surgical assistant license issued by another state that has licensing requirements that are substantially equivalent to the requirements for a Texas surgical assistant license; or                   (B) within the five years preceding the application date held a surgical assistant license in this state.         
        (3) The executive director may waive any prerequisite to obtaining a license for an applicant described by this subsection after reviewing the applicant's credentials.       
        (4) Applications for licensure from applicants qualifying under this section, shall be expedited by the board's licensure division. Such applicants shall be notified, in writing or by electronic means, as soon as practicable, of the requirements and process for renewal of the license.       
        (5) Alternative Demonstrations of Competency Allowed. Applicants qualifying under this section, notwithstanding:                  (A) the one year expiration in §184.5(a)(2) of this title (relating to Procedural Rules for Licensure Applicants), are allowed an additional six months to complete the application prior to it becoming inactive; and                   (B) the 20 day deadline in §184.5(a)(6) of this title, may be considered for permanent licensure up to five days prior to the board meeting; and                   (C) the requirement to produce a copy of a valid and current certificate from a board approved national certifying organization in §184.6(b)(4) of this title (relating to Licensure Documentation), may substitute certification from a board approved national certifying organization if it is made on a valid examination transcript.         
      (d) Applicants with Military Experience.      
        (1) For applications filed on or after March 1, 2014, the Board shall, with respect to an applicant who is a military service member or military veteran as defined in §184.2 of this title (relating to Definitions), credit verified military service, training, or education toward the licensing requirements, other than an examination requirement, for a license issued by the Board.       
        (2) This section does not apply to an applicant who:                  (A) has had a surgical assistant license suspended or revoked by another state or a Canadian province;                   (B) holds a surgical assistant license issued by another state or a Canadian province that is subject to a restriction, disciplinary order, or probationary order; or                   (C) has an unacceptable criminal history.         
     Source Note:        The provisions of this §184.4 adopted to be effective September 19, 2002, 27 TexReg 8771; amended to be effective March 6, 2003, 28 TexReg 1884; amended to be effective January 8, 2004, 29 TexReg 97; amended to be effective July 3, 2007, 32 TexReg 3994; amended to be effective August 10, 2008, 33 TexReg 6135; amended to be effective December 4, 2011, 36 TexReg 8033; amended to be effective January 20, 2014, 39 TexReg 282; amended to be effective August 3, 2014, 39 TexReg 5749; amended to be effective July 19, 2015, 40 TexReg 4461; 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, 45TexReg 9523