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.