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hb423_03_PH
As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 423
2025-2026
Representative Deeter
Cosponsors: Representatives
Schmidt, Somani, Brennan, Brownlee, Dovilla, Grim, Hall, D., Lorenz,
Manning, Mathews, T., Miller, J., Robb Blasdel, Russo, Sigrist, Sims,
Thomas, C., Thomas, D., Tims, White, A., White, E., Williams, Willis,
Young
To
enact sections 3702.3013 and 3727.26 of the Revised Code
regarding
the employment of surgical assistants and surgical technologists.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3702.3013 and 3727.26 of the Revised Code be enacted to read
as follows:
Sec.
3702.3013.
(A)
As used in this section:
(1)
"Commission on accreditation of allied health education
programs" means the organization known by that name or its
successor organization.
(2)
"National board of surgical technology and surgical assisting"
means the organization known by that name or its successor
organization.
(3)
"National center for competency testing" means the
organization known by that name or its successor organization.
(4)
"National commission for certifying agencies" means the
organization known by that name or its successor organization.
(5)
"National commission for the certification of surgical
assistants" means the organization known by that name or its
successor organization.
(B)
Except as provided in division (C) of this section, an ambulatory
surgical facility shall not employ, or continue to employ, an
individual as a surgical assistant or surgical technologist unless
the individual is eligible for employment under division (B)(1) or
(2) of this section.
(1)
To be eligible for initial or continued employment as a surgical
assistant, an individual shall demonstrate to the facility that the
individual meets the conditions described in either of the following:
(a)
That the individual practiced as a surgical assistant at an
ambulatory surgical facility or hospital located in this state during
any part of the six-month period immediately preceding the effective
date of this section;
(b)
That the individual is certified, or continues to be certified, as a
surgical assistant by any of the following:
(i)
National board of surgical technology and surgical assisting;
(ii)
National commission for the certification of surgical assistants;
(iii)
Another certifying organization that the state medical board and
director of health approve as an alternative to either organization
described in division (B)(1)(b)(i) or (ii) of this section.
For
purposes of division (B)(1)(b)(iii) of this section, the board and
director shall approve a certifying organization only if the board
and director determine that both of the following are the case: its
educational standards for surgical assistants are equivalent to those
of surgical assistant education programs accredited by the commission
on accreditation of allied health education programs and its
certification standards for surgical assistants are equivalent to
those of surgical assistant certification programs accredited by the
national commission for certifying agencies.
(2)
To be eligible for initial or continued employment as a surgical
technologist, an individual shall demonstrate to the facility that
the individual meets the conditions described in either of the
following:
(a)
That the individual practiced as a surgical technologist at an
ambulatory surgical facility or hospital located in this state during
any part of the six-month period immediately preceding the effective
date of this section;
(b)
That the individual has completed one hundred twenty hands-on
surgical cases and is certified, or continues to be certified, as a
surgical technologist by any of the following:
(i)
National board of surgical technology and surgical assisting;
(ii)
National center for competency testing;
(iii)
Another certifying organization that the state medical board and
director of health approve as an alternative to either organization
described in division (B)(2)(b)(i) or (ii) of this section.
For
purposes of division (B)(2)(b)(iii) of this section, the board and
director shall approve a certifying organization only if the board
and director determine that both of the following are the case: its
educational standards for surgical technologists are equivalent to
those of surgical technologist education programs accredited by the
commission on accreditation of allied health education programs and
its certification standards for surgical technologists are equivalent
to those of surgical technologist certification programs accredited
by the national commission for certifying agencies.
(C)
Division (B) of this section does not apply to an ambulatory surgical
facility that, on behalf of its current and prospective employees,
has been granted by the director of health a waiver from the
requirement that surgical assistants and surgical technologists be
employed by the facility only if they meet the eligibility conditions
described in division (B)(1) or (2) of this section.
To
be eligible for a waiver, a facility shall submit to the director
evidence that it is located in an area of the state that experiences
a shortage of surgical assistants and surgical technologists and an
inability to recruit them despite reasonable efforts. After receiving
and reviewing the evidence submitted, if the director determines that
the facility is located in such an area, the director shall grant a
waiver to the facility.
(D)
If the director finds that an ambulatory surgical facility has
violated this section, the director shall assist the facility in
gaining compliance with this section.
(E)
The director may adopt any rules the director considers necessary to
implement this section. The rules shall be adopted in accordance with
Chapter 119. of the Revised Code.
Sec.
3727.26.
(A)
As used in this section:
(1)
"Commission on accreditation of allied health education
programs" means the organization known by that name or its
successor organization.
(2)
"National board of surgical technology and surgical assisting"
means the organization known by that name or its successor
organization.
(3)
"National center for competency testing" means the
organization known by that name or its successor organization.
(4)
"National commission for certifying agencies" means the
organization known by that name or its successor organization.
(5)
"National commission for the certification of surgical
assistants" means the organization known by that name or its
successor organization.
(B)
Except as provided in division (C) of this section, a hospital that
offers surgical services shall not employ, or continue to employ, an
individual as a surgical assistant or surgical technologist unless
the individual is eligible for employment under division (B)(1) or
(2) of this section.
(1)
To be eligible for initial or continued employment as a surgical
assistant, an individual shall demonstrate to the hospital that the
individual meets the conditions described in either of the following:
(a)
That the individual practiced as a surgical assistant at an
ambulatory surgical facility or hospital located in this state during
any part of the six-month period immediately preceding the effective
date of this section;
(b)
That the individual is certified, or continues to be certified, as a
surgical assistant by any of the following:
(i)
National board of surgical technology and surgical assisting;
(ii)
National commission for the certification of surgical assistants;
(iii)
Another certifying organization that the state medical board and
director of health approve as an alternative to either organization
described in division (B)(1)(b)(i) or (ii) of this section.
For
purposes of division (B)(1)(b)(iii) of this section, the board and
director shall approve a certifying organization only if the board
and director determine that both of the following are the case: its
educational standards for surgical assistants are equivalent to those
of surgical assistant education programs accredited by the commission
on accreditation of allied health education programs and its
certification standards for surgical assistants are equivalent to
those of surgical assistant certification programs accredited by the
national commission for certifying agencies.
(2)
To be eligible for initial or continued employment as a surgical
technologist, an individual shall demonstrate to the hospital that
the individual meets the conditions described in either of the
following:
(a)
That the individual practiced as a surgical technologist at an
ambulatory surgical facility or hospital located in this state during
any part of the six-month period immediately preceding the effective
date of this section;
(b)
That the individual has completed one hundred twenty hands-on
surgical cases and is certified, or continues to be certified, as a
surgical technologist by any of the following:
(i)
National board of surgical technology and surgical assisting;
(ii)
National center for competency testing;
(iii)
Another certifying organization that the state medical board and
director of health approve as an alternative to either organization
described in division (B)(2)(b)(i) or (ii) of this section.
For
purposes of division (B)(2)(b)(iii) of this section, the board and
director shall approve a certifying organization only if the board
and director determine that both of the following are the case: its
educational standards for surgical technologists are equivalent to
those of surgical technologist education programs accredited by the
commission on accreditation of allied health education programs and
its certification standards for surgical technologists are equivalent
to those of surgical technologist certification programs accredited
by the national commission for certifying agencies.
(C)
Division (B) of this section does not apply to a hospital that, on
behalf of its current and prospective employees, has been granted by
the director of health a waiver from the requirement that surgical
assistants and surgical technologists be employed by the hospital
only if they meet the eligibility conditions described in division
(B)(1) or (2) of this section.
To
be eligible for a waiver, a hospital shall submit to the director
evidence that it is located in an area of the state that experiences
a shortage of surgical assistants and surgical technologists and an
inability to recruit them despite reasonable efforts. If the
director, after receiving and reviewing the evidence submitted,
determines that the hospital is located in such an area, the director
shall grant a waiver to the hospital.
(D)
If the director finds that a hospital has violated this section, the
director shall assist the hospital in gaining compliance with this
section.
(E)
The director may adopt any rules the director considers necessary to
implement this section. The rules shall be adopted in accordance with
Chapter 119. of the Revised Code.
Section
2.
Sections
3702.3013 and 3727.26 of the Revised Code, as enacted by this act,
take effect three years after the effective date of this section.