NCCSA » Rules & Regulations

ARTICLE I.

CERTIFICATION AND REGISTRATION

Section 1.01 General. The National Commission for the Certification of Surgical Assistants (NCCSA) shall establish qualifications for certification comprising the profession of surgical assisting. The NCCSA shall evaluate candidates for certification using the qualifications that it establishes, and shall duly certify individuals meeting these qualifications.

Section 1.02 CSA Certification. Individuals having satisfied the requirements for certification described in the NCCSA Rules and Regulations are awarded the Certified Surgical Assistant (CSA) certificate attesting to the fact that the requirements were met and are, therefore, certified by the NCCSA. Notwithstanding a candidate being awarded certification upon the satisfaction of all requirements and certification may be revoked as described in Section 8.03 of these Rules and Regulations.

Section 1.03 Designating CSA Certification. A certificate shall be issued to those who have met all qualifications and are otherwise eligible. The certificate confers upon the individual the right to use the title “Certified Surgical Assistant” and its abbreviation “CSA” in connection with his or her name so long as the certificate shall be in effect. The certificate initially issued shall be in effect for two years from the date of examination. NCCSA may issue to each CSA one or more forms of printed certificate to evidence such certification. Each such form of printed certificate remains the property of the NCCSA and shall be returned to the NCCSA upon its request. The CSA may indicate certification by the NCCSA by: (a) displaying any such certificate in the CSA’s place of employment as a surgical assistant; and (b) a factual statement on stationery, in advertisements, and in resumes, biographical sketches, and the like, using the name of the NCCSA or a recognizable abbreviation of the name. The name of the NCCSA and the logo of the NCCSA are registered trademarks and shall not be used by or for any certificate or material displayed, prepared, or distributed by or for the CSA, or on any other sign or display used by or for the CSA, without the NCCSA’s prior written permission.

ARTICLE II.

QUALIFICATIONS FOR CERTIFICATION

Section 2.01 General. A candidate for certification by the NCCSA must meet the ethics, education, and examination requirements as described in these Rules and Regulations and must agree to comply with the NCCSA Rules and Regulations and the NCCSA Standards of Ethics. The Board of Directors shall have the right to reject the application of any candidate for certification if the Board determines, in its sole and absolute discretion, that the person does not meet the qualifications for certification.

Section 2.02 Ethics Requirements for Certification. A candidate for certification must be a person of good moral character and must not have engaged in conduct that is inconsistent with the NCCSA Standards of Ethics or the NCCSA Rules and Regulations and must have complied and agree to continue to comply with the NCCSA Standards of Ethics and the NCCSA Rules and Regulations.

Section 2.03 Professional Education Requirements for Certification. Candidates for certification must meet the following requirements:

(a) SA Program Graduates. Candidates must have successfully completed a formal educational program in surgical assisting accredited by a mechanism acceptable to the NCCSA. Eligibility to participate in the certification examination must be established within five years of program completion for those completing a program before 2013 and within three years of program completion for those completing a program after 2012. Candidates for certification graduating on or after January 1, 2015 must have earned an associate degree, baccalaureate degree, or a graduate degree from an institution accredited by a mechanism acceptable to the NCCSA. The degree does not need to be in health sciences. The degree may be earned before entering the professional educational program or after graduation from the program, or may be awarded by the program, but must be awarded prior to being granted eligibility to sit for the CSA examination.

(b) Medical Doctor/Doctor of Osteopathy/Foreign Medical Graduate. Candidates must have successfully completed a formal educational program in medicine accredited by a mechanism acceptable to the NCCSA.

(c) Licensed or Certified Non-physician Surgical Assistant. Candidates must have Certification and/or License (must have held Certification or Licensure for the past 3 years and have a total of 2250 hours of first assistant experience within that timeframe) as an CSFA/OPA-C/RNFA/CRNFA/PA/SA-C.

(d) United States Military Trained. Candidates must have successfully completed a training program with an emphasis on surgical assisting approved by a mechanism acceptable to the NCCSA.

Section 2.04 Examination Requirement for Certification. Candidates for certification must pass an examination developed and administered by the NCCSA after having met all other qualifications for certification. The examinations shall assess the knowledge and cognitive skills underlying the intelligent performance of the tasks typically required for practice within the discipline of surgical assisting.

ARTICLE III.

CERTIFICATION PROCESS

Section 3.01 Application for Certification. Applications shall be filed with the NCCSA on forms provided by the NCCSA, together with a fee in such sum as the Board of Directors may fix. All candidates shall furnish such information as the Board of Directors shall request. Applications for certification if applying under the formal educational program option shall be endorsed by the program director of an educational program meeting the requirements of Article II, Section 2.03. Applications may be investigated by the Board of Directors to determine moral character, educational preparation, and other qualifications of the candidate. Investigations may include criminal background checks through an examination of public records.

Section 3.02 Agreement of Candidates. Candidates for CSA certification must agree to comply with the following statement and must indicate agreement by signing the application form. “I hereby apply to the NCCSA for certification in the discipline of surgical assisting indicated elsewhere on this application in accordance with and subject to the NCCSA Rules and Regulations. I certify that I have read and understood the NCCSA Standards of Ethics and the NCCSA Rules and Regulations”.

By signing this document and filing it with the NCCSA, I understand and agree that:

I am and at all times have been in compliance with the NCCSA Standards of Ethics;
the NCCSA may confirm the information contained in the application and may also request information relating to my education, training, employment, and personal history;
the NCCSA may, in the exercise of its discretion, conduct a criminal background check through an examination of public records;
I am legally bound by and will abide by all the terms and conditions of this Application and Agreement and the NCCSA Rules and Regulations and NCCSA Standards of Ethics; and
upon the issuance of a certificate to me, I shall become bound by the NCCSA By-Laws and shall remain bound by the NCCSA Rules and Regulations and NCCSA Standards of Ethics, including, without limitation, provisions thereof pertaining to the denial or rejection of an application for renewal of a certificate, the revocation or suspension of a certificate, and the censure of a CSA.

I hereby certify that:

the information given in this application is true, correct, and complete;
any photographs enclosed are recent photographs of me; and
I have read and accept the terms and conditions set forth in the NCCSA Rules and Regulations and NCCSA Standards of Ethics.

I understand and agree that:

eligibility for the CSA certification is determined by the NCCSA and that each examination will be supervised by persons who are responsible to and are empowered by the NCCSA to ensure that the examination is conducted ethically and in accordance with the NCCSA Rules and Regulations.
any misrepresentation in this application or in any other document or other information I submit to the NCCSA (including the verification of my identity when I submit this application and when I participate in the examination);and/or
any offer of financial benefit to a Trustee, officer, employee, proctor, or other agent or representative of the NCCSA in order to obtain a right, privilege, or benefit not usually granted by the NCCSA to similarly situated candidates; and/or
disclosing examination information using language that is substantially similar to that used in questions and/or answers from CSA examinations when such information is gained as a direct result of having been an examinee or having communicated with an examinee; this includes, but is not limited to, disclosures to students in educational programs, graduates of educational programs, educators, or anyone else involved in the preparation of candidates to sit for the examinations; and/or
receiving examination information that uses language that is substantially similar to that used in questions and/or answers on CSA examinations from a examinee, whether requested or not; and/or
copying, publishing, reconstructing (whether by memory or otherwise), reproducing or transmitting any portion of examination materials by any means, verbal or written, electronic or mechanical, without the prior express written permission of NCCSA or using professional, paid, or repeat examination takers or any other individual for the purpose of reconstructing any portion of examination materials; and/or
using or purporting to use any portion of examination materials which were obtained improperly or without authorization for the purpose of instructing or preparing any candidate for examination or certification; and/or
selling or offering to sell, buying or offering to buy, or distributing or offering to distribute any portion of examination materials without authorization; and/or
removing or attempting to remove examination materials from an examination room, or having unauthorized possession of any portion of or information concerning a future, current, or previously administered examination of NCCSA; and/or
disclosing what purports to be, or what you claim to be, or under all circumstances is likely to be understood by the recipient as, any portion of or ‘inside’ information concerning any portion of a future, current, or previously administered examination of NCCSA; and/or
communicating with another individual during administration of the examination for the purpose of giving or receiving help in answering examination questions, copying another candidate’s answers, permitting another candidate to copy one’s answers, or possessing unauthorized materials including, but not limited to notes; and/or
impersonating a candidate or permitting an impersonator to take or attempt to take the examination on one’s own behalf; and/or
using any other means that potentially alters the results of the examination such that the results may not accurately represent the professional knowledge base of a candidate; Will be reported to the NCCSA and will constitute grounds for the NCCSA to:
bar me permanently from all future examinations; and/or
terminate my participation in the examination; and/or
invalidate the results of my examination and any prior examinations; and/or
withhold my scores or certificate; and/or
revoke or suspend my certificate; and/or
deny or reject my application for renewal of certificate or otherwise refuse to renew the certification; and/or
censure me; and/or
sue me for damages and civil remedies; and/or
pursue prosecution of me for any conduct that constitutes a criminal or civil violation; and/or
take any other appropriate action; and that the NCCSA’s decision on any such matter is final.

I also understand and agree that:

The NCCSA may withhold my scores and may require me to retake one or more portions of an examination if the NCCSA is presented with evidence demonstrating to the NCCSA, in its sole discretion, that the security of those portions of the examination have been compromised, notwithstanding the absence of any evidence of my personal involvement in the compromising activities;
The examination and related materials utilized in the CSA examination are copyrighted as the sole property of the NCCSA and must not be removed from the test area or reproduced in any way, and that reproduction of copyrighted material, in whole or in part, is a federal offense and may subject me to the sanctions listed above;
Subverting or attempting to subvert the examination process may be a violation of applicable state law and may subject me to the sanctions listed above; and
The decision as to whether my scores and other performances on the CSA examination qualify me for a certification rests solely and exclusively with the NCCSA, and that its decision is final.

I understand that if I am certified by the NCCSA and/or if recertified by the NCCSA, the NCCSA may issue to me one or more forms of printed certificate to evidence such certification. I understand and agree that:

Each such form of printed certificate remains the property of the NCCSA and shall be returned to the NCCSA upon its request;
I may indicate my certification by the NCCSA by: (a) displaying any such certificate in my place of practice as a surgical assistant; and (b) a factual statement on stationery, in advertisements, in

resumes, biographical sketches, and the like, using the name of the NCCSA or a recognizable abbreviation of the name; and

the name of the NCCSA and the logo of the NCCSA shall not be used by me on any other certificate or material displayed, prepared, or distributed by or for me or on any other sign or display used by or for me, without the NCCSA’s prior written permission.

I hereby waive and release, and shall indemnify and hold harmless, the NCCSA and its Board of Directors, officers, committee members, employees, and agents from, against, and with respect to any and all claims, losses, costs, expenses, damages, and judgments (including reasonable attorney fees) that arise or are alleged to have arisen, from, out of, with respect to, or in connection with any action which they, or any of them, take or fail to take as a result of or in connection with this application, any examination conducted by the NCCSA which I apply to take or take, the score or scores given me on the examination, and, if applicable, the failure of the NCCSA to issue to me a certificate or to renew the certificate previously issued to me, the NCCSA’s revocation of any certificate previously issued to me,

or the NCCSA’s notification of legitimately interested persons of such actions taken by the NCCSA. This release does not purport to and does not release the NCCSA for any actions arising out of willful, wanton, or intentional misconduct.

I understand and agree that in the event of my breach of or default in any provision of this Application and Agreement in any respect whatsoever, the NCCSA shall have the right, in its absolute discretion, to revoke or suspend any certificate issued to me, refuse to issue to me any certificate or recertify thereof, censure me, and/or cancel my certification with the NCCSA, and to provide information regarding such circumstances to all legitimately interested persons without restriction.

I hereby authorize the NCCSA to release the results of my examination to appropriate state agencies for credentialing purposes. I also authorize the NCCSA to identify me and to report the fact of my certification or non-certification to prospective employers, universities, colleges, schools; federal, state, and local agencies; hospitals, health departments, and similar organizations and agencies.

I hereby authorize the NCCSA to release the results of any final actions taken regarding my eligibility for certification under the NCCSA Standards of Ethics.”

Section 3.03 Scheduling of Examinations. The NCCSA shall examine candidates for certification at such times and places as shall be designated by the Board of Directors.

Section 3.04 Failure to Appear for Examination. If a candidate fails to appear for examination as assigned by the NCCSA, and no rescheduling of the same has been authorized by the NCCSA, the candidate will be assigned to a subsequent examination date only at the request of the candidate and upon payment of an additional fee, and provided that the requirements of Section 3.06 are met.

Section 3.05 Cancellation of Scores. Candidates for certification who are not eligible at the time of examination administration will have scores cancelled, and scores will not be available for later reporting. Fees will not be refunded for cancelled scores.

Section 3.06 Re-Examination. A candidate who has failed an examination may be permitted to take a subsequent examination upon payment of an additional fee and at such time and place as the NCCSA may specify. Effective January 1, 2015, all candidates, regardless of when the initial application for certification was submitted, will be limited to three attempts to pass a certification examination.

The three attempts must be completed within a one year period that commences when the candidate is determined to have met all other qualifications based upon the application submitted by the candidate. Individuals failing the third attempt or not completing it within the one year period will be deemed no longer eligible and may regain eligibility only by repeating the Professional Education Requirements described in Section 2.03 of these NCCSA Rules and Regulations.

ARTICLE IV.

RECERTIFICATION PROCESSES

Section 4.01 Application for Recertification. Applications for recertification shall be filed with the NCCSA on forms provided by the NCCSA, or electronically through the NCCSA website, together with a fee in such sum as the Board of Directors may fix. Applications must be signed by the applicant. Applications may be investigated by the Board of Directors to determine moral character, compliance with the NCCSA Rules and Regulations, and other qualifications of the applicants for renewal.

Section 4.02 Agreement of Applicants for Recertification. Applicants for recertification of a CSA certificate must agree to comply with the following statement and must indicate agreement by signing the application form.

“I hereby apply to the NCCSA for recertification of a CSA certificate in the discipline of surgical assisting indicated elsewhere on this application in accordance with and subject to the NCCSA Rules and Regulations. I certify that I have read and understood the NCCSA Standards of Ethics, as well as the NCCSA Rules and Regulations (hereinafter sometimes collectively referred to as the “Governing Documents”).

By signing this document and filing it with the NCCSA, I understand and agree that:

I am and at all times since the date of my initial application for certification have been in compliance with the Governing Documents;
the NCCSA may confirm the information contained in the application and may also request information relating to my employment and relevant personal history;
the NCCSA may, in the exercise of its discretion, conduct a criminal background check through an examination of public records;
I am legally bound by and shall abide by all the terms and conditions of this Application and Agreement and the Governing Documents; and
upon the issuance to me of a renewal of my certificate, I shall be and remain bound by the Governing Documents.

I hereby certify that the information given in this application is true, correct, and complete, and that I have read and accept the terms and conditions set forth in the Governing Documents. I understand and agree that:

any misrepresentation in this application or in any other document or other information I submit to the NCCSA will constitute grounds for the NCCSA to revoke or suspend my certificate, to deny or reject my application for recertification or to otherwise refuse to renew the certificate, to censure me and/or
to take any other appropriate action; and
the NCCSA’s decision on any such matter is final and binding on me.

I understand that if certification is renewed by the NCCSA, the NCCSA may issue to me one or more forms of printed certificate to evidence such certification. I understand and agree that:

each such form of printed certificate remains the property of the NCCSA and shall be returned to the NCCSA upon its request;
I may indicate my certification by the NCCSA by displaying any such certificate in my place of practice as a surgical assistant and by a factual statement on stationery, in advertisements, and in resumes, biographical sketches, and the like, using the name of the NCCSA or a recognizable abbreviation of the name; and the name of the NCCSA and the logo of the NCCSA shall not be used by me on any other certificate or material displayed, prepared, or distributed by or for me, or on any other sign or display used by or for me, without the NCCSA’s prior written permission.

I hereby waive and release, and shall indemnify and hold harmless, the NCCSA and its Board of Directors, officers, committee members, employees, and agents from, against, and with respect to: any and all claims, losses, costs, expenses, damages, and judgments (including reasonable attorney fees) that arise or are alleged to have arisen from, out of, with respect to, or in connection with any action which they, or any of them, take or fail to take as a result of or in connection with this application; any examination conducted by the NCCSA which I apply to take or take, the score or scores given me on the examination, and, if applicable, the failure of the NCCSA to renew a certificate previously issued to me; the NCCSA’s revocation of any certificate previously issued to me, or the NCCSA’s notification of

legitimately interested persons of such actions taken by the NCCSA. This release does not purport to and does not release the NCCSA for any actions arising out of willful, wanton, or intentional misconduct.

I understand and agree that in the event of my breach of or default in any provision of this Application and Agreement in any respect whatsoever, the NCCSA shall have the right, in its absolute discretion, to revoke or suspend any certificate issued to me, refuse renewal of my certificate, censure me, and/or cancel my certification with the NCCSA, and to provide information regarding such circumstances to all legitimately interested persons without restriction.

I hereby authorize the NCCSA to release the results of any final actions taken regarding my eligibility for certification under the NCCSA Standards of Ethics.

Section 4.03 Failure to Renew Certification. Failure to apply for renewal of certification, or failure to meet the qualifications for renewal of certification, or failure to supply all required information by the stated deadline shall result in the discontinuation of the certificate. The NCCSA does not permit the display of a certificate that is not currently registered with the NCCSA. The NCCSA does not permit use of the title “Certified Surgical Assistant” or its abbreviation “CSA” by those who are not currently certified by NCCSA.

Section 4.04 Change of Address. All surgical assistants certified by the NCCSA shall promptly notify the NCCSA of any change in the mailing address from that contained in the records of the NCCSA. The change must be submitted in writing, or electronically through the NCCSA website, or by telephone.

Any notices given by the NCCSA to a CSA or candidate pursuant to these Rules and Regulations shall be given by first-class or certified or registered mail, postage-prepaid, to his or her last known address appearing in the records of the NCCSA, and shall be deemed to have been given on deposit in the United States mail.

Section 4.05 Resignation or Withdrawal. A CSA may submit a resignation or application to withdraw from certification at any time, but such resignation shall not be effective unless accepted by the Board of Directors. The Board of Directors shall be under no obligation to accept a resignation or application for withdrawal and may institute any proceedings for revocation of a certificate or for other sanction in respect to the CSA or candidate as it deems appropriate and may impose such sanctions at any time prior to accepting such resignation or application for withdrawal.

Section 4.06 Disabled. CSAs may apply for disabled recognition in accordance with the following provisions:

CSA must:

(a) be permanently disabled as evidenced by documentation from the Social Security Administration, or their diagnosing physician, or their worker’s compensation statement; and

(b) Permanently discontinue active practice in surgical assisting; and

Individuals eligible for disabled recognition may apply by signing an application and agreement form prescribed from time to time by the Board of Directors, submitting a one-time fee as set by the Board of Directors, and by surrendering to the NCCSA each current certificate theretofore issued by the NCCSA to them.
Disabled recognition may be conferred or withheld at the discretion of the Board of Directors.
If the Board of Directors accepts an individual’s application for disabled recognition, the NCCSA shall retire the certificate and provide a special certificate of recognition that indicates the certificate was retired and the individual is no longer certified; the assistant’s name; NCCSA certification number; initial date of certification, and date issued.
Individuals granted disabled recognition by NCCSA are no longer certified, they may not use the title “Certified Surgical Assistant” or its abbreviation “CSA”.
No annual renewal process is required and there is no annual application or fee.
No listing of disabled assistants will be maintained.
NCCSA will have no regular contact with disabled assistants for the purpose of maintaining their credential
Disabled assistants who wish to reinstate certification must submit request to the NCCSA 60 days prior to desired certification reinstatement date.
Individuals granted disabled recognition that seek or maintain employment by claiming to be certified by NCCSA will be subject to legal action for misrepresentation.

ARTICLE V.

QUALIFICATIONS FOR REINSTATEMENT OF CERTIFICATION

Section 5.01 General. The request of a certificate issued by the NCCSA that is not currently registered may be reinstated if the applicant for reinstatement meets the ethics and continuing education and/or examination requirements for reinstatement as described in these Rules and Regulations, as well as fulfilling other requirements as set by the Board of Directors from time to time.

The Board of Directors shall have the right to reject the request for reinstatement of certification of any person if the Board determines, in its sole and absolute discretion, that the person does not meet the qualifications for certification.

Section 5.02 Ethics Requirement for Reinstatement. An applicant for reinstatement of certification issued by the NCCSA must be a person of good moral character, must not have engaged in conduct that is inconsistent with the NCCSA Standards of Ethics or the NCCSA Rules and Regulations, and must have complied and agree to continue to comply with the NCCSA Rules and Regulations and NCCSA Standards of Ethics.

Section 5.03 Education and/or Examination Requirements for Reinstatement. An applicant for reinstatement must fulfill either education requirements or re-examination requirements depending upon how long registration has been dropped. The length of time dropped is determined relative to the individual’s biennium certification cycle. The biennium certification cycle is referenced from the applicant’s initial certification date.

Reinstatement requested prior to the certification expiration date:

If the individual meets all eligibility requirements for certification, reinstatement will be allowed without reporting CEUs until required with the recertification.
CEU credits must be reported with the Application for Renewal at the end of the biennium.

Reinstatement requested within six months after the certification expiration date:

Submit 25 CEU credits completed during the previously assigned certificate biennium; or
Apply for reinstatement under CEU probation. CEU credits completed during the previous certificate biennium should be reported to determine the number of credits required under the probation status.

Reinstatement requested more than six months after the certification expiration date, but less than 12 months after the certification expiration date:

Apply for reinstatement and submit CEU credits completed during the previous certification biennium and/or CEU probation period.
Reinstatement will not be granted under Section 5.03(c) without documentation that all 25 CEU credits were completed during the previous certification biennium and/or CEU probation period.
Reinstatement requests rejected under 5.03(c) must re-qualify (i.e., re-completing all eligibility requirements for certification in effect at the time, as described in Article II of the NCCSA Rules and Regulations).
Reinstatement requested more than six months after the certification expiration date if not eligible for reinstatement under Section 5.03(c):
Reinstatement will not be allowed without successful re-examination by completing the NCCSA Continued Demonstration of Qualifications (CDQ) Examination for which the individual is eligible. Upon reinstatement, a new certification biennium cycle will begin on the day of the passing of the re-examination.
Individuals seeking reinstatement by re-examination must successfully complete the Continued Demonstration of Qualifications (CDQ) Examination.
Applicants for reinstatement by re-examination will be limited to three attempts to pass the Continued Demonstration of Qualifications (CDQ) Examination. The three attempts must be completed within the one-year period that commences when the applicant is determined to have met all other qualifications based upon the application submitted. An individual not passing the examination within the “three attempts in one year” limit will be deemed no longer eligible for reinstatement by re-examination by CDQ, and may regain eligibility only by re-qualifying (i.e., re-completing all eligibility requirements for certification in effect at the time, as described in Article II of the NCCSA Rules and Regulations).

ARTICLE VI.

REINSTATEMENT OF CERTIFICATION PROCESS

Section 6.01 Application for Reinstatement of Certification. Applications for reinstatement of certification shall be filed with the NCCSA on forms provided by the NCCSA or electronically through the NCCSA website, together with a fee in such sum as the Board of Directors may fix. All applicants shall furnish such information as the Board of Directors shall request. Applications must be signed by the applicant. Applicants may be investigated by the NCCSA to determine moral character, compliance with the NCCSA Rules and Regulations and NCCSA Standards of Ethics, and other qualifications of the applicant for reinstatement.

Section 6.02 Agreement of Applicants for Reinstatement. Applicants for reinstatement of certification

of a CSA certificate must agree to comply with the agreement included in Article V, Section 5.03 and must indicate agreement by signing the application form.

ARTICLE VII.

STANDARDS OF ETHICS

The Board of Directors shall promulgate, annually review, and adopt changes it considers necessary or appropriate in the NCCSA Standards of Ethics; and evaluate their relevance and application to candidates for certification, and applicants for renewal or reinstatement of certification. Adherence to the NCCSA Standards of Ethics shall not be construed to prevent the Board of Directors from promulgating additional rules for the conduct of Certified Surgical Assistants, or from making determinations as to the types of conduct that the Board deems unethical, improper, or of a nature that may bring discredit to the profession.

ARTICLE VIII.

DISCIPLINARY ACTIONS

Section 8.01 General. The Board of Directors, in accordance with the NCCSA Rules and Regulations and NCCSA Standards of Ethics, may reject or deny an application for certification, refuse the renewal of a certificate, or revoke a certificate, whether current or not, or revoke eligibility to reinstate certification of any individual who does not meet or who does not continue to meet the qualifications for certification set forth in the NCCSA Rules and Regulations or in the NCCSA Standards of Ethics. The Board of Directors shall also have the right to censure CSAs or suspend a CSA’s certificate for such period of time as it deems appropriate.

Section 8.02 Denial of Application for Renewal of Certification. An application for the renewal of certification of a certificate previously issued may be denied if the Board of Directors determines that the applicant has not met or does not continue to meet the qualifications for certification specified in the NCCSA Rules and Regulations or in the NCCSA Standards of Ethics. The registration of a certificate of an individual whose application for renewal has been denied shall be deemed to remain in effect during the period in which such individual contests the action of the NCCSA, in respect to its refusal to renew such certificate.

Section 8.03 Revocation or Suspension of Certificate; Censure of Registrant. The Board of Directors may revoke or suspend a certificate issued by the NCCSA, or may censure a CSA, if it determines that the CSA:

(a) is not, or has ceased to be, a person of good moral character; or

(b) has been guilty of or advocated, directly or indirectly, unethical practices according to standards prescribed by the Board of Directors and the profession for surgical assistants; or

(c) shall have conducted himself or herself in the practice of his or her profession or in any other manner so as to bring discredit to the profession; or

(d) shall have violated or refused to comply with any of the terms of the Agreement signed at the time of application for certification, renewal of certification, or reinstatement of certification; or any of the NCCSA Rules and Regulations or the NCCSA Standards of Ethics; or

(e) shall in any other manner cease to meet the qualifications for certification specified in the NCCSA Rules and Regulations.

ARTICLE IX.

CONTINUING EDUCATION REQUIREMENTS FOR RENEWAL OF CERTIFICATION

The Board of Directors promulgate, annually review, and adopt changes it considers necessary or appropriate in the NCCSA Continuing Education Requirements for Renewal of Certification, and evaluate their relevance and application to Certified Surgical Assistants and applicants for renewal or reinstatement of certification.

ARTICLE X.

AMENDMENTS TO THE RULES AND REGULATIONS, THE STANDARDS OF ETHICS, AND THE CONTINUING EDUCATION REQUIREMENTS FOR RENEWAL OF CERTIFICATION

Section 10.01 General. Any person, group, or representatives of groups or associations may register their names with the NCCSA to receive notice of proposed or amended NCCSA Rules and Regulations or amended NCCSA Standards of Ethics, or amended NCCSA Continuing Education Requirements for Renewal of Registration. Substantive revisions will follow the amendment process described in Section 10.02, but other changes may be made by the Board of Directors from time to time at its discretion.

Section 10.02 Amendment Procedures. NCCSA Rules and Regulations or amendments thereto, or amendments to the NCCSA Standards of Ethics, or amendments to the NCCSA Continuing Education Requirements for Renewal of Certification, hereinafter collectively referred to as a “proposed rule,” may be proposed, considered, or adopted in the following manner:

(a) Notice of a proposed rule shall be given by mail to each member of the Board of Directors at least 30 days prior to the meeting at which it is to be considered.

(b) The proposed rule may be approved for public distribution and publication by majority vote of the Board of Directors prior to adoption. A proposed rule shall be accompanied by a date or proposed date on which it is proposed to adopt such rule.

(c) All interested persons who desire to comment on any proposed rule shall make such comments in writing and direct them to the Credentials Liaison of the NCCSA at the offices of the NCCSA, 1775 Eye Street, NW, Suite 1150, Washington, DC 20006, at least 30 days prior to the date at which the Board of Directors is to take action to adopt the proposed rule. Copies of such written comments shall be made available to any interested persons requesting to review the same and shall be distributed to each member of the Board of Directors who will act upon and consider the proposed rule or regulation. All such comments shall be reviewed by the Board of Directors at the meeting at which consideration of adoption of proposed rule takes place.

(e) At the request of an interested party, and with the consent of the President of the NCCSA, any person may appear before the Board of Directors at a date and time scheduled by it, to speak in respect to any proposed rule.

(f) At any meeting of the Board of Directors at which a proposed rule or regulation is considered, the Board of Directors shall determine affirmatively that facts exist establishing the need for, and reasonableness of, the rule or regulation proposed for adoption. Upon such affirmative showing and approval of the proposed rule by a majority of the Board of Directors, the proposed rule shall become effective immediately, unless a later effective date is established by resolution of the Board of Directors, or unless such rule is republished as provided in Subparagraph (g) of this article.

(g) At the meeting of the Board of Directors at which adoption of the proposed rule is considered, the Board of Directors may adopt the proposed rule and make such changes, amendments, or modifications to the proposed rule as it shall determine appropriate. In the event, in the judgment of the Board of Directors, the rule as adopted contains any substantive and material changes from the form of proposed regulations as previously published, the proposed rule, as amended, shall be republished, noting the changes that have been made. In absence of substantive and material changes being made to the proposed rule, the NCCSA shall not, unless the Board of Directors so directs, be obligated to republish or redistribute any rule or regulation so adopted. The Board of Directors shall determine whether a substantive or material change has been made to a proposed rule, and its determination on such matter shall be conclusive. If the Board of Directors adopts a proposed rule that it requires to be republished, such rule shall become effective immediately after the publication of the rule by the NCCSA or on such later date as the Board of Directors shall specify.

(h) Nothing herein shall prevent the Board of Directors, without prior publication of any proposed rule or regulation, or circulation of the same to interested parties, from considering and adopting any rule or regulation determined by it to be appropriate on an interim basis to deal with any emergency condition, event, or situation, or any circumstance of hardship; provided, however, that such rule or regulation shall expire one year after its adoption, unless adopted as a rule or regulation in the manner prescribed by Section 10.02 of these Rules and Regulations.

(i) Notwithstanding anything apparently or expressly to the contrary contained in these NCCSA Rules and Regulations, the NCCSA Standards of Ethics, or the NCCSA Continuing Education Requirements for Renewal of Certification as adopted by the Board of Directors, amendments shall become effective upon the date of adoption and shall remain in full force and effect unless and until amended as hereinabove provided for.