Section 184.6 - Licensure Documentation(a) Original documents may include, but are not limited to, those listed in subsections (b) and (c) of this section.(b) Documentation required of all applicants for licensure. (1) Birth Certificate/Proof of Age. Each applicant for licensure must provide a copy of a birth certificate and translation if necessary to prove that the applicant is at least 21 years of age. In instances where a birth certificate is not available the applicant must provide copies of a passport or other suitable alternate documentation.(2) Name change. Any applicant who submits documentation showing a name other than the name under which the applicant has applied must present copies of marriage licenses, divorce decrees, or court orders stating the name change. In cases where the applicant's name has been changed by naturalization, the applicant should send the original naturalization certificate by certified mail to the board office for inspection.(3) Examination verification. Each applicant for licensure must have the appropriate testing service, that administered the surgical assistant examination, submit verification of the applicant's passage of the examination directly to the board.(4) Certification. All applicants must submit: (A) a valid and current certificate from a board approved national certifying organization; and(B) a certificate of successful completion of an educational program whose curriculum includes surgical assisting submitted directly from the program, unless the applicant qualifies for the special eligibility provision regarding education under § 184.4(a)(13)(B) of this title (relating to Qualifications for Licensure).(5) Transcripts. Each applicant must have his or her educational program(s) submit a transcript of courses taken and grades obtained to demonstrate compliance with curriculum requirements under § 184.4(a)(13)(C) of this title.(6) Evaluations. (A) All applicants must provide evaluations, on forms provided by the board, of their professional affiliations for the past three years or since graduation from an educational program, in compliance with § 184.4(a)(13) of this title, whichever is the shorter period.(B) The evaluations must come from at least three physicians who have each supervised the applicant for more than 100 hours or a majority of the applicant's work experience.(C) An exception to subparagraph (B) of this paragraph may be made for those applicants who provide adequate documentation that they have not been supervised by at least three physicians for the three years preceding the board's receipt of application or since graduation, whichever is the shorter period.(7) Temporary license affidavit. Each applicant must submit a completed form, furnished by the board, titled "Temporary License Affidavit" prior to the issuance of a temporary license.(8) License verifications. Each applicant for licensure who is licensed, registered, or certified in another state must have that state submit directly to the board, that the applicant's license, registration, or certification is current and in full force and that the license, registration, or certification has not been restricted, suspended, revoked or otherwise subject to disciplinary action. The other state shall also include a description of any sanctions imposed by or disciplinary matters pending in the state.(c) Applicants may be required to submit other documentation, which may include the following: (1) Translations. Any document that is in a language other than the English language will need to have a certified translation prepared and a copy of the translation submitted with the translated document. (A) An official translation from the school or appropriate agency attached to the foreign language transcript or other document is acceptable.(B) If a foreign document is received without a translation, the board will send the applicant a copy of the document to be translated and returned to the board.(C) Documents must be translated by a translation agency who is a member of the American Translation Association or a United States college or university official.(D) The translation must be on the translator's letterhead, and the translator must verify that it is a "true word for word translation" to the best of his/her knowledge, and that he/she is fluent in the language translated, and is qualified to translate the document.(E) The translation must be signed in the presence of a notary public and then notarized. The translator's name must be printed below his/her signature. The notary public must use the phrase: "Subscribed and Sworn this _______ day of ________, 20___." The notary must then sign and date the translation, and affix his/her notary seal to the document.(2) Arrest records. If an applicant has ever been arrested the applicant must request that the arresting authority submit to the board copies of the arrest and arrest disposition.(3) Inpatient treatment for alcohol/substance disorder or mental illness. Each applicant that has been admitted to an inpatient facility within the last five years for treatment of alcohol/substance disorder or mental illness must submit the following: (A) applicant's statement explaining the circumstances of the hospitalization;(B) all records, submitted directly from the inpatient facility;(C) a statement from the applicant's treating physician/psychotherapist as to diagnosis, prognosis, medications prescribed, and follow-up treatment recommended; and(D) a copy of any contracts signed with any licensing authority, professional society or impaired practitioner committee.(4) Outpatient treatment for alcohol/substance disorder or mental illness. Each applicant that has been treated on an outpatient basis within the past five years for alcohol/substance disorder must submit the following: (A) applicant's statement explaining the circumstances of the outpatient treatment;(B) a statement from the applicant's treating physician/psychotherapist as to diagnosis, prognosis, medications prescribed, and follow-up treatment recommended; and(C) a copy of any contracts signed with any licensing authority, professional society or impaired practitioners committee.(5) Malpractice. If an applicant has ever been named in a malpractice claim filed with any liability carrier or if an applicant has ever been named in a malpractice suit, the applicant must: (A) have each liability carrier complete a form furnished by this board regarding each claim filed against the applicant's insurance;(B) for each claim that becomes a malpractice suit, have the attorney representing the applicant in each suit submit a letter to the board explaining the allegation, relevant dates of the allegation, and current status of the suit. If the suit has been closed, the attorney must state the disposition of the suit, and if any money was paid, the amount of the settlement. If such letter is not available, the applicant will be required to furnish a notarized affidavit explaining why this letter cannot be provided; and(C) provide a statement composed by the applicant, explaining the circumstances pertaining to patient care in defense of the allegations.(6) Additional documentation. Additional documentation may be required as is deemed necessary to facilitate the investigation of any application for licensure.(d) The board may, in unusual circumstances, allow substitute documents where proof of exhaustive efforts on the applicant's part to secure the required documents is presented. These exceptions are reviewed by the board's executive director on a case-by-case basis.22 Tex. Admin. Code § 184.6
The provisions of this §184.6 adopted to be effective June 18, 2002, 27 TexReg 5205; amended to be effective November 3, 2002, 27 TexReg 10027; amended to be effective March 6, 2003, 28 TexReg 1884; amended to be effective June 29, 2003, 28 TexReg 4634; amended to be effective August 10, 2008, 33 TexReg 6135; amended to be effective December 4, 2011, 36 TexReg 8033; Amended by Texas Register, Volume 41, Number 03, January 15, 2016, TexReg 623, eff. 1/24/2016; Amended by Texas Register, Volume 41, Number 27, July 1, 2016, TexReg 4827, eff. 7/7/2016