Sec. 259.002.  REQUIREMENTS FOR PRACTICING SURGICAL TECHNOLOGY; CONTINUING EDUCATION.  (a)  A health care facility licensed by the department under this subtitle or owned or operated by the state may not employ a person to practice surgical technology in that health care facility unless that person provides evidence that the person:
(1)  has successfully completed an accredited educational program for surgical technologists and holds and maintains certification as a surgical technologist by:
(A)  the National Board of Surgical Technology and Surgical Assisting or its successor;
(B)  the National Center for Competency Testing or its successor; or
(C)  another surgical technologist certification program approved by the department;
(2)  has completed an appropriate 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;
(3)  was employed to practice surgical technology in a health care facility before September 1, 2009; or
(4)  is in the service of the federal government, to the extent the person is performing duties related to that service.
(b)  Notwithstanding Subsection (a), a health care facility may employ a person to practice surgical technology at that health care facility from the date the person graduates from an accredited educational program for surgical technologists until the 180th day after the date of graduation.  The person may not continue to practice surgical technology after the 180th day after the date of graduation without showing documentation to the health care facility that the person holds and maintains the surgical technologist certification required by Subsection (a)(1).
(c)  Notwithstanding Subsection (a), a health care facility may employ a surgical technologist who does not meet the requirements of this section if:
(1)  after a diligent and thorough effort has been made, the health care facility is unable to employ a sufficient number of qualified surgical technologists who meet the requirements of this section; and
(2)  the health care facility makes a written record of its efforts under Subdivision (1) and retains the record at the health care facility.
(d)  A person employed by a health care facility to practice surgical technology under Subsection (a)(1) shall complete the number of hours of continuing education required to maintain certification by the organization that issued the surgical technologist certification to the person.  On the facility's request, the person shall submit to the facility evidence of completion of the continuing education.
(e)  A person employed by a health care facility to practice surgical technology under Subsection (a)(2) or (3) or Subsection (c) shall complete every two years 30 hours of continuing education related to surgical technology.  On the facility's request, the person shall submit to the facility evidence of completion of the continuing education.
(f)  A health care facility may restrict the ability of a person employed by the facility to practice surgical technology in the facility if the person fails to complete the continuing education required by Subsection (d) or (e). 
Added by Acts 2009, 81st Leg., R.S., Ch. 321 (H.B. 643), Sec. 1, eff. September 1, 2009.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 435 (S.B. 1239), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 435 (S.B. 1239), Sec. 2, eff. September 1, 2019.