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S 248

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2025 Regular Session Introduced by Luis Sepúlveda

Mass. S.248 licenses surgical assistants, requires direct supervision by licensed MD/DO or podiatrist, 38 hours CE, board enforcement, waivers and grandfathering to ease gaps.

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Bill Summary · S 248

Summary — S.248 (2025): "An Act Regulating Surgical Assistants" (Massachusetts)

Main purpose

S.248 establishes a statutory licensing and regulatory framework for surgical assistants in Massachusetts. The bill creates registration/licensing requirements, a supervising board with enforcement powers, education and continuing‑education standards, and limited grandfathering and waiver provisions to address workforce needs.

Key provisions

  • Definitions: Adds new Sections 243–246 to Chapter 111 and defines terms including “board” (Board of Registration in Surgical Assistants), “surgical assistant,” “surgical assisting,” “surgical facility,” and “health care practitioner.”
  • Licensing requirement: Surgical facilities may not employ or retain a person to perform surgical assisting unless that person is licensed by the board.
  • Supervision: Surgical assistants must work under the direct supervision of a licensed doctor of medicine (MD), osteopathy (DO) or podiatry.
  • Scope & allowance for other practitioners: Nothing prohibits registered nurses or other licensed health care practitioners from performing surgical assistant tasks if acting within their existing scope of practice.
  • Waiver authority: The department may grant temporary waivers (up to 3 months, renewable) for individuals who do not meet licensing requirements under special circumstances; criteria to be set by the department with clinician input.
  • Board powers/duties: The board may promulgate regulations, approve/deny licenses, set renewal procedures, retain records, discipline licensees (fines, suspension, revocation, probation, reprimand), summarily suspend licenses posing imminent danger (with a hearing within 7 days), and set continuing‑licensure standards.
  • Licensing eligibility:
    • Minimum age 18 and good moral character.
    • Credential from one of: National Board of Surgical Technology and Surgical Assisting (NBSTSA), National Surgical Assistant Association (NSAA), or National Commission for Certification of Surgical Assistants (NCCSA) — or
    • Completion of a surgical assistant training program while serving in U.S. armed forces — or
    • Grandfather clause: at least 1 year of experience as a surgical assistant in Massachusetts and practiced within 12 months prior to July 1, 2023, if registered with the Board by July 1, 2026.
  • Fees: Original and renewal fees set by the Secretary of Administration and Finance.
  • Continuing education: Renewal requires attestation of 38 hours of CE directly related to surgical assisting from recognized providers; licensees must keep records for 4 years; random audits possible; noncompliance may result in discipline. (Text truncated; bill allows for extensions/other board authorities.)

Who is affected

  • Surgical assistants (current and prospective) — will need to obtain and maintain a state license.
  • Surgical facilities (hospitals, clinics, outpatient centers, physicians’ offices) — must ensure assistants are licensed or hold a valid waiver.
  • Surgeons and supervising physicians — required to employ licensed assistants and oversee practice.
  • Registered nurses and other licensed practitioners — may continue to perform applicable functions within their scopes.
  • State agencies — department and new board will administer licensing, waivers, audits and disciplinary actions.

Procedural/timeline notes

  • Introduced in the 194th General Court (presented by Sen. John F. Keenan); filed January 16/24, 2025 (document lists Jan 24, 2025 as introduction).
  • Hearing on record: scheduled for 06/11/2025 (per provided actions).
  • Important statutory deadlines for applicants: practice-in-place grandfathering requires registration by July 1, 2026; the grandfathering reference point is July 1, 2023.
  • Some text was truncated in the supplied version; final bill language could add or clarify renewal/extension and other administrative provisions.

Potential impacts

  • Professionalizes and standardizes surgical assisting, likely increasing patient-safety oversight and accountability.
  • May impose compliance and administrative costs on facilities and individuals to meet licensing, CE, and record‑keeping requirements.
  • Temporary waiver and grandfathering provisions intend to mitigate short‑term workforce disruptions.

Compiled from official sources — confirm details with the bill’s official record.

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