PART 1485 REGISTERED SURGICAL ASSISTANT AND REGISTERED SURGICAL TECHNOLOGIST TITLE PROTECTION ACT : Sections Listing

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1485 REGISTERED SURGICAL ASSISTANT AND REGISTERED SURGICAL TECHNOLOGIST TITLE PROTECTION ACT


AUTHORITY: Implementing the Registered Surgical Assistant and Registered Surgical Technologist Title Protection Act [225 ILCS 130] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/2105-15(7)].

SOURCE: Adopted at 28 Ill. Reg. 14447, effective October 20, 2004; amended at 32 Ill. Reg. 14973, effective September 3, 2008; amended at 48 Ill. Reg. 12813, effective August 9, 2024.

 

Section 1485.10  Application for Registration as a Surgical Assistant

 

An applicant for registration as a surgical assistant shall file an application on forms supplied by the Department of Financial and Professional Regulation-Division of Professional Regulation (Division), together with:

 

a)         Certification of completion from a medical education program approved by the Division, or has graduated from a United States Military Program that emphasizes surgical assisting.  The following applicants are considered from an approved program:

 

1)         Individuals who are graduates of a National Surgical Assistant Association approved program of surgical assisting.  The category shall include certificate programs, an associate degree or higher, and formal hospital-based programs for surgical assisting;

 

2)         Individuals with three consecutive years' experience as a surgical first assistant with 750 hours per year.  The individual must provide a signed and notarized affidavit from the individual's supervisor attesting to the individual's experience and five verifiable letters of reference from surgeons the individual has assisted;

 

3)         Individuals with two full years of first assisting experience during the last four years with 350 documented surgical cases; or

 

4)         Individuals who are graduates of a foreign medical school must submit: a copy of the diploma or a reference letter from their medical school (verifying surgical training and experience) and a reference letter from a sponsoring U.S. surgeon who has evaluated the individual's technical skills and aseptic technique;

 

b)         Proof of current certification by one of the following certifying bodies:

 

1)         the National Commission for the Certification of Surgical Assistants as a Certified Surgical Assistant;

 

2)         the National Board of Surgical Technology and Surgical Assisting as a Certified Surgical First Assistant; or

 

3)         American Board of Surgical Assistants as Surgical Assistant-Certified;

 

c)         If the applicant has ever been licensed/registered in another state or territory of the United States (jurisdiction), certification, on forms provided by the Division, from the jurisdiction applicant was originally licensed and the jurisdiction applicant predominantly practices and is currently licensed, stating:

 

1)         The time during which the applicant was registered in that jurisdiction, including the date of original issuance of the license; and

 

2)         Whether the file on the applicant contains any record of disciplinary actions taken or pending;

 

d)         The required fee as specified in Section 1485.80.

 

(Source:  Amended at 48 Ill. Reg. 12813, effective August 9, 2024)

 

Section 1485.20  Application for Registration as a Surgical Technologist

 

An applicant for registration as a surgical technologist shall file an application on forms supplied by the Division, together with:

 

a)         Proof of completion of a surgical technologist program approved by the Division;

 

b)         Proof of current certification and successful completion of the Surgical Technologist National Certification Examination provided by the Liaison Council on Certification for the Surgical Technologist or its successor agency;

 

c)         If the applicant has ever been licensed/registered in another state or territory of the United States, certification, on forms provided by the Division, from the jurisdiction in which the applicant was originally licensed and the jurisdiction in which the applicant predominantly practices and is currently licensed, stating:

 

1)         The time during which the applicant was registered in that jurisdiction, including the date of original issuance of the license; and

 

2)         Whether the file on the applicant contains any record of disciplinary actions taken or pending;

 

d)         The required fee as specified in Section 1485.80.

 

(Source:  Amended at 32 Ill. Reg. 14973, effective September 3, 2008)

 

Section 1485.30  Endorsement

 

a)         An applicant seeking registration in Illinois who is licensed/registered under the laws of another jurisdiction shall file an application with the Division, on forms provided by the Division, that includes:

 

1)         For Surgical Assistant

 

A)        Certification of completion from a medical education program approved by the Division or graduation from a United States Military Program that emphasizes surgical assisting;

 

B)        A complete work history since completion of a surgical assistant program;

 

C)        Verification of successful completion of a national certifying examination set forth in Section 1485.10(c).

 

D)        Current certification by one of the following organizations:

 

i)          National Surgical Assistant Association on Certification of Surgical Assistants;

 

ii)         Liaison Council on Certification for the Surgical Technologist as a certified first assistant; or

 

iii)        American Board of Surgical Assistants.

 

E)        The required fee set forth in Section 1485.80.

 

2)         For Surgical Technologist

 

A)        Proof of completion of a surgical technologist program approved by the Division;

 

B)        A complete work history since completion of a surgical technologist program;

 

C)        Successful completion of the surgical technologist national certification examination provided by the Liaison Council on Certification for the Surgical Technologist or its successor agency;

 

D)        Current certification from the Liaison Council on Certification for the Surgical Technologist or its successor agency and proof that the applicant has met the requirements set forth for certification; and

 

E)        The required fee set forth in Section 1485.80.

 

b)         Certification from the state or territory of the United States in which the applicant was originally licensed, and the states in which the applicant is currently licensed, stating:

 

1)         The time during which the applicant was licensed/registered in that jurisdiction;

 

2)         Whether the file on the applicant contains any record of disciplinary actions taken or pending.

 

c)         The Division shall either issue a registration by endorsement to the applicant or notify him/her of the reasons for the denial of the application.

 

Section 1485.40  Supervision

 

a)         As stated in Section 10 of the Act, all registered surgical assistants and registered surgical technologists shall perform duties only under direct supervision.

 

b)          "Direct supervision" means supervision by an operating physician, licensed podiatrist, or licensed dentist who is physically present and who personally directs delegated acts and remains available to personally respond to an emergency until the patient is released from the operating room.  A registered professional nurse may also provide direct supervision within the scope of his or her license. A registered surgical assistant or registered surgical technologist shall perform duties as assigned. (Section 10 of the Act)

 

Section 1485.50  Renewal

 

a)         Every certification of registration issued under the Act shall expire on April 30 of each even numbered year.  The holder of a certification of registration may renew such registration during the month preceding the expiration date by paying the required fee.

 

b)         It is the responsibility of each registrant to notify the Division of any change of address.  Failure to receive a renewal form from the Division shall not constitute an excuse for failure to renew a registration or pay the renewal fee.

 

Section 1485.60  Inactive Status

 

a)         A registered surgical assistant or surgical technologist who notifies the Division in writing may place his or her registration on inactive status and shall be excused from paying renewal fees until he or she notifies the Division in writing of the intention to resume active practice.

 

b)         Any registered surgical assistant or surgical technologist seeking restoration of a registration that has been on inactive status for 5 years or less shall pay the current renewal fee specified in Section 1485.80 and have the certification of registration restored in accordance with Section 1485.70.

 

Section 1485.70  Restoration

 

a)         Any surgical assistant or surgical technologist whose registration has been expired for five years or less may have the registration restored by paying all lapsed renewal fees as required by Section 1485.80.

 

b)         A surgical assistant or surgical technologist who is seeking restoration of a registration that has been inactive for five years or less shall have the registration restored upon payment of the current renewal fee.

 

c)         A surgical assistant or surgical technologist seeking restoration of a registration that has been expired or placed on inactive status for more than five years shall file an application, on forms supplied by the Division, together with the fee required in Section 1485.80, and show proof of one of the following:

 

1)         Proof of current certification from one of the following:

 

A)        National Surgical Assistant Association for the certification of surgical assistants;

 

B)        National Board of Surgical Technology and Surgical Assisting; or

 

C)        American Board of Surgical Assistants;

 

2)         Sworn evidence of active practice in another jurisdiction;

 

3)         An affidavit attesting to military service as provided in Section 60 of the Act; or

 

4)         Proof of passage of an examination set forth in Section 1485.10(a)(3) and Section 1485.20(a)(3) during the 24 months preceding application for restoration.

 

d)         A registrant who is seeking restoration after disciplinary action must complete all requirements of the disciplinary order and shall submit a petition for restoration to be adjudicated through the hearing process.  As part of such petition the licensee shall submit evidence demonstrating rehabilitation to warrant the public trust as provided in Section 1485.100.

 

(Source:  Amended at 48 Ill. Reg. 12813, effective August 9, 2024)

 

Section 1485.80  Fees

 

The following fees shall be paid to the Division and are not refundable:

 

a)         Application Fees

The fee for application for registration as a surgical assistant or surgical technologist is $100.

 

b)         Renewal Fees

The fee for the renewal of a registration shall be calculated at the rate of $62.50 per year.

 

c)         General Fees

 

1)         The fee for the restoration of a registration other than from inactive status is $20 plus payment of all lapsed renewal fees.

 

2)         The fee for a certification of a registrant's record for any purpose is $20.

 

(Source:  Amended at 48 Ill. Reg. 12813, effective August 9, 2024)

 

Section 1485.90  Granting Variances

 

The Director of the Division of Professional Regulation of the Department (Director) may grant variances from this Part in individual cases when he/she finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance;

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

Section 1485.95  Applicant and Registrant Address of Record, Email Address of Record

 

All applicants and registrants shall:

 

a)         provide a valid address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for registration or renewal of a registration; and

 

b)         inform the Department of any change of address of record or email address of record within 14 days after such change, either through the Department's website or by contacting the Department's licensure maintenance unit. [225 ILCS 130/12]

 

(Source:  Added at 48 Ill. Reg. 12813, effective August 9, 2024)

 

Section 1485.100  Rehabilitation

 

Upon written application to the Division for restoration of a registration for any other relief following discipline, the Division shall consider, but is not limited to, the following in determining if the person is to be deemed sufficiently rehabilitated to warrant the public trust:

 

a)         The seriousness of the offense that resulted in the disciplinary action being considered;

 

b)         The length of time that elapsed since the disciplinary action was taken;

 

c)         The profession, occupation, and outside activities in which the applicant has been involved;

 

d)         Any counseling, medical treatment, or other rehabilitative treatment received by the applicant;

 

e)         Any continuing education courses or other types of courses taken to correct the grounds for the disciplinary action being considered;

 

f)         The results of a professional competency examination designated by the Division and paid for by the applicant;

 

g)         Written reports and oral testimony by peer review committees or other persons relating to the skill knowledge, honesty, integrity and contriteness of the applicant;

 

h)         The restitution to injured parties;

 

i)          The future plans of the applicant;

 

j)          The involvement of the applicant's family and friends in the individual's rehabilitation process;

 

k)         A written report of a physical or mental examination given by a practitioner selected by the Division and paid for by the applicant;

 

l)          Any other information evidencing rehabilitation that would bear upon the applicant's request for relief or restoration of a registration;

 

m)        Whether the order imposing sanctions was appealed and, if so, whether a reviewing court granted a stay or delay of imposition of the sanction;

 

n)         The date and disposition of any other petition for restoration filed since the last sanction was imposed; and

 

o)         Whether the applicant complied with any probationary terms.

 

(Source:  Added at 48 Ill. Reg. 12813, effective August 9, 2024)