Section 130.861 - Surgical Technology(A) Each hospital that provides surgical services in operating rooms shall adopt policies and procedures that address the following requirements set forth in M.G.L. c. 111, § 229.(1) The hospital may not employ or otherwise retain the services of any person to perform surgical technology tasks or functions unless such person: (a) has successfully completed an accredited educational program for surgical technologists and holds and maintains a certified surgical technologist credential administered by a nationally recognized surgical technologist certifying body accredited by the National Commission for Certifying Agencies and recognized by the American College of Surgeons and the Association of Surgical Technologists;(b) has successfully completed an accredited school of surgical technology but has not, as of the date of hire, obtained the certified surgical technologist certification required in 105 CMR 130.861(A)(1)(a); provided, however, that such certification shall be obtained within 12 months of the graduation date;(c) was employed as a surgical technologist in a surgical facility on or before July 1, 2013;(d) has successfully completed a 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 which has been deemed appropriate by the commissioner; or(e) is performing surgical technology tasks or functions in the service of the federal government, but only to the extent the person is performing duties related to that service.(2) A person employed or otherwise retained to practice surgical technology in a hospital may assist in the performance of operating room circulator duties under the direct clinical supervision, limited to clinical guidance, of the operating room circulator if: (a) the operating room circulator is present in the operating room for the duration of the procedure;(b) any such assistance has been assigned to such person by the operating room circulator; and(c) such assistance is consistent with the education, training and experience of the person providing such assistance.(B) A hospital may employ a surgical technologist who does not meet the requirements of 105 CMR 130.861(A)(1) if the hospital receives a waiver from the department signifying that the hospital has:(1) made a diligent and thorough effort to employ qualified surgical technologists who meet the requirements of 105 CMR 130.861(A)(1); and(2) is unable to employ enough qualified surgical technologists for its needs.(C) Nothing in 105 CMR 130.861 shall prohibit a licensed registered nurse, licensed or registered health care provider or other health care practitioner from performing surgical technology tasks or functions if such person is acting within the scope of such person's license.Amended by Mass Register Issue 1267, eff. 8/15/2014.Amended by Mass Register Issue 1343, eff. 4/7/2017.