The purpose of this communication is to urge necessary and appropriate amendment of the referenced regulation which relates to Commonwealth of Virginia’s approval of surgical technologist certifications.  For reasons that are set forth below the current regulation and supporting statute should be amended to include either of the following suggested provisions:

1.    “Successful completion of a surgical technologist training program, and a current certification issued by a NCCA accredited certification program;” 

OR

2.       “Successful completion of a surgical technologist training program, and a current certification issued by the National Center for Competency Testing (NCCT), the National Board for Surgical Technology and Surgical Assisting (NBSTSA), or their successors,”

To briefly explain the need for this amendment, there are two organizations, the NCCT and NBSTSA, that issue certifications for surgical technologists.  The certification programs of both entities are equally accredited by the same accrediting agency, the NCCA. The NCCA, which is the benchmark of the national credentialing industry, has determined that both certification programs meet the same standards.   However, the current regulation does not permit persons holding NCCT certification who do not qualify to be grandfathered in to move from one surgical facility to another within Virginia, or who choose to move from another state, to practice their profession in the Commonwealth. 

There is no justification for the current distinction.  The effect of the statute and regulation, again without justification, prevents persons certified by the NCCT from practicing in Virginia. Under the current regulation a surgical technologist holding NBSTA certification can practice while a surgical technologist holding NCCT certification cannot practice.  Again this distinction is made in spite of the fact that both the NCCT and the NBSTA certification programs are accredited by the by the same agency, the NCCA.

Unless corrected by the foregoing proposed language or similar language, the regulation will continue to have an adverse impact on individuals and businesses in the Commonwealth of Virginia. More specifically, it effects the surgical technologist workforce by limiting recruitment opportunities for employers.  It denies qualified surgical technologists the right to practice and achieve gainful employment in their chosen field.  The regulation also limits the public access to safe surgical care from certified and qualified surgical technologists.  It also exacerbates the current shortage of surgical technologists.

Today, in many states, surgical technologists certified by NCCT work side by side performing the same job duties as NBSTSA certified surgical technologists.  There is no basis for this regulation which permits NBSTSA certified technologists but denies NCCT certified technologists. This needless distinction adversely impacts many individuals, employers, and schools.

Finally, from a legal standpoint, the current regulation gives NBSTSA an unfair and monopolistic competitive advantage. The proposed revision will not eliminate either the NBSTSA or the NCCT from serving the citizens of your state.  It merely creates a level playing field for all.  The proposed language does not eliminate competition but rather promotes fair competition and educational opportunities.

After thorough review of this regulation, we believe you will conclude that this regulation should be amended.