Association of Surgical Technologists ©, Page 1, Updated February 29, 2016
***Please note: The Association of Surgical Technologists provides this information on an educational basis and
does not offer legal advice. AST recommends that individuals or health care facilities consult with their
attorneys for answers to legal questions***
O
REGON SURGICAL TECHNOLOGIST LAW & REGULATIONS
F
REQUENTLY ASKED QUESTIONS
What does the Oregon surgical technologist law require?
The Oregon surgical technologist law requires documentation showing that the person has
completed an educational program for surgical technologists accredited by a national
accreditation organization approved by the Oregon Health Authority
1
and that the person holds
and maintains a surgical technologist certification issued by a nationally accredited certifying
organization for surgical technologists approved by the authority by rule.
2
Certain individuals are
grandfathered or otherwise exempt. The legislation also requires continuing education for
surgical technologists who quality for employment under the law but do not hold current
certification.
When does the Oregon law go into effect?
The first effective date is July 1, 2016. The education, certification and continuing education
standards take effect July 1, 2016. The section regarding rural or medically underserved
communities takes effect July 1, 2017.
Who may health care facilities hire to practice surgical technology in Oregon?
To practice as a surgical technologist in Oregon, a surgical technologist must provide evidence
to his or her employer of meeting one of following requirements:
Education and Certification
The person provides the health care facility with documentation showing that the person has
completed an educational program for surgical technologists accredited by a national accreditation
organization approved by the Oregon Health Authority by rule
1
and holds and maintains a surgical
technologist certification issued by a nationally accredited certifying organization for surgical
technologists approved by the authority by rule
2
;
1
The Oregon Health Authority has named the Commission on Accreditation of Allied Health Education Programs
(CAAHEP: www.caahep.org) and the Accrediting Bureau of Health Education Schools (ABHES: www.abhes.org) as the
organizations that accredit surgical technology programs. If a person holds a current, verified Certified Surgical
Technologist Certification from the National Board of Surgical Technology and Surgical Assisting (NBSTSA), it is highly
likely that the person is a graduate of an appropriately-accredited surgical technology educational program. The primary
eligibility criterion to sit for the Certified Surgical Technologist exam through the NBSTSA is successfully completing a
CAAHEP- or ABHES-accredited program.
2
The Oregon Health Authority has named the National Board of Surgical Technology and Surgical Assisting (NBSTSA) as
the surgical technologist certification body. The NBSTSA grants the Certified Surgical Technologist certification.
Certifications may be verified at www.nbstsa.org.
Association of Surgical Technologists ©, Page 2, Updated February 29, 2016
***Please note: The Association of Surgical Technologists provides this information on an educational basis and
does not offer legal advice. AST recommends that individuals or health care facilities consult with their
attorneys for answers to legal questions***
O
REGON SURGICAL TECHNOLOGIST LAW & REGULATIONS
F
REQUENTLY ASKED QUESTIONS
Completed US Military Surgical Technologist Training Program
The person provides the health care facility with documentation showing that the person has
completed a training program for surgical technologists in the US military and every two years
completes 16 hours of continuing education approved by the authority; or
Grandfathered
The person provides the health care facility with documentation showing that the person practiced
surgical technology during at least two of the three years immediately preceding January 1, 2017 in
a health care facility in Oregon or in another state or as an employee of an agency or institution of
the federal government and every two years completes 16 hours of continuing education approved
by the authority.
May health care facilities require certification as a condition of employment, even if an
individual is grandfathered in?
Yes. Health care facilities may require certification for all individuals practicing surgical
technology.
May a health care facility hire a person who is not certified, but has documentation showing
that they were practicing as a surgical technologist during at least two of the three years
immediately preceding January 1, 2017?
Yes. The Oregon law states a health care facility may hire someone to practice surgical technology
if he or she was employed as a surgical technologist in a health care facility in Oregon or in another
state if the person practiced surgical technology during at two of the three years immediately
preceding January 1, 2017. These individuals must earn 16 hours of continuing education every two
years.
Are grandfathered individuals grandfathered into certification?
No. Grandfathering means a person may continue to work as a surgical technologist after July 1,
2016 if he or she worked as surgical technologist for at least two of the three years immediately
preceding January 1, 2017. If a person is grandfathered under the Oregon law, it does not mean
they are automatically certified. Eligibility for initial certification is based on completion of
accredited education and passage of a certification exam.
May a health care facility hire a person who recently graduated from an accredited
surgical technology program but has not passed the certification exam yet?
Yes. If a person recently graduated from an accredited surgical technology program, a health care
facility may employ that person from the date of his or her graduation until 12 months after his or
her graduation. By the one-year anniversary of the individual’s graduation date, he or she must
hold certification to continue to work as a surgical technologist.
Association of Surgical Technologists ©, Page 3, Updated February 29, 2016
***Please note: The Association of Surgical Technologists provides this information on an educational basis and
does not offer legal advice. AST recommends that individuals or health care facilities consult with their
attorneys for answers to legal questions***
O
REGON SURGICAL TECHNOLOGIST LAW & REGULATIONS
F
REQUENTLY ASKED QUESTIONS
Question: May a health care facility hire a person who is not certified, but was trained as a
surgical technologist in the U.S. Armed Forces?
Yes. A person who provides the health care facility with documentation showing that the person
has completed a training program for surgical technologists in the US military may be hired to
work as a surgical technologist. Such individuals must complete 16 hours of continuing
education every two years.
May a person who was employed at least two of the three years immediately preceding
January 1, 2017 switch facilities?
Yes. To be grandfathered as a surgical technologist in Oregon, a surgical technologist must provide
evidence to his or her employer that he or she was employed as a surgical technologist in a surgical
facility for at least two of the three years immediately preceding January 1, 2017.
Does the Oregon surgical technologist change the scope of practice for surgical
technologists in Oregon?
No. The statute simply defines surgical technology to indicate which professionals are subject to
the minimum education, certification and continuing education standards in law.
Which Oregon surgical technologists must earn continuing education?
The law requires continuing education for surgical technologists who are not certified, but qualify
to work as surgical technologists under the military program graduate and grandfathering provisions
of the law. The law requires 16 hours of continuing education every two years for these
individuals.
Who tracks continuing education for uncertified surgical technologists?
It is the employer’s responsibility to track continuing education for uncertified surgical
technologists.
Do licensed registered nurses who work as surgical technologists need to obtain surgical
technologist certification?
No. The certification requirement in the law does not apply to a health care facility that allows a
licensed health care practitioner to perform the duties of a surgical technologist if the practitioner
is acting within the scope of practice of the practitioner’s license.
Association of Surgical Technologists ©, Page 4, Updated February 29, 2016
***Please note: The Association of Surgical Technologists provides this information on an educational basis and
does not offer legal advice. AST recommends that individuals or health care facilities consult with their
attorneys for answers to legal questions***
O
REGON SURGICAL TECHNOLOGIST LAW & REGULATIONS
F
REQUENTLY ASKED QUESTIONS
What are the provisions in the law for rural or medically underserved facilities?
Section 3 of the law provides that a health care facility in a rural or medically underserved
community may allow a person to practice as a surgical technologist at a health care facility who
does not meet the requirements of Section 2 of the law while the person is attending an
educational program for surgical technologists accredited by a national accreditation organization
approved by the Oregon Health Authority by rule. If a person is hired as a surgical technologist
under this provision, the person is exempt from the requirements of Section 2 for three years from
the date on which the person began practicing as a surgical technologist a health care facility.
Where can the text of the law be found?
https://olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/HB2876
What do the Oregon Health Authority rules say about continuing education?
The continuing education requirements shall:
(A) Consist of 16 hours every two years;
(B) Be tracked by the surgical technologist and is subject to audit by the hospital in which the
person is practicing; and
(C) Be relevant to the medical-surgical practice of surgical technology.
(b) Continuing education may include but is not limited to:
(A) Continuing education credits approved by the Association for Surgical Technologist;
(B) Healthcare sponsored conferences, forums, seminars, symposiums or workshops;
(C) Online distance learning courses;
(D) Live lectures at national conferences; or
(E) College courses.
(12) A hospital shall conduct a random audit of a representative sample of the surgical
technologists employed by the hospital every two years to verify compliance with educational
requirements.
