By Berlanga H.B. No. 1835
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of perfusion; providing
1-3 a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 71, Revised Statutes, is amended by adding
1-6 Chapter 7A and Article 4529e to read as follows:
1-7 CHAPTER 7A. PERFUSIONISTS
1-8 Art. 4529e. LICENSED PERFUSIONISTS
1-9 Sec. 1. SHORT TITLE. This article may be cited as the
1-10 Licensed Perfusionists Act.
1-11 Sec. 2. LEGISLATIVE FINDINGS; PURPOSE. (a) The legislature
1-12 finds that:
1-13 (1) the citizens of this state are entitled to the
1-14 protection of their health, safety, and welfare from the
1-15 unqualified or unprofessional practice of perfusion;
1-16 (2) the practice of perfusion by unauthorized,
1-17 unqualified, unprofessional, or incompetent persons is a threat to
1-18 the public; and
1-19 (3) the practice of perfusion is a dynamic and
1-20 changing health care field which is continually evolving to include
1-21 more sophisticated and demanding patient care activities.
1-22 (b) The purpose of this article is to protect the public
1-23 from the dangers described by Subsection (a) of this section by:
1-24 (1) establishing minimum standards of education,
2-1 training, and competency for persons engaged in the practice of
2-2 perfusion and of the performance of perfusion services in a manner
2-3 that provides for the continued evolution of the practice of
2-4 perfusion; and
2-5 (2) ensuring that the privilege of practicing in the
2-6 field of perfusion is entrusted only to those licensed and
2-7 regulated under this article.
2-8 Sec. 3. DEFINITIONS. In this article:
2-9 (1) "Board" means the Texas State Board of Examiners
2-10 of Perfusionists.
2-11 (2) "Board of health" means the Texas Board of Health.
2-12 (3) "Department" means the Texas Department of Health.
2-13 (4) "Commissioner" means the commissioner of health.
2-14 (5) "Extracorporeal circulation" means the diversion
2-15 of a patient's blood through a heart-lung machine or a similar
2-16 device that assumes the functions of the patient's heart, lungs, or
2-17 both.
2-18 (6) "Licensed perfusionist" means a person licensed
2-19 under this article.
2-20 (7) "Perfusion" means the functions necessary for the
2-21 support, treatment, measurement, or supplementation of the
2-22 cardiovascular, circulatory, or respiratory system, or a
2-23 combination of those activities, and to ensure the safe management
2-24 of physiologic functions by monitoring the parameters of the
2-25 systems under an order and under the supervision of a licensed
2-26 physician, including:
2-27 (A) the use of extracorporeal circulation,
3-1 cardiopulmonary support techniques, and other therapeutic and
3-2 diagnostic technologies;
3-3 (B) counterpulsation, ventricular assistance, or
3-4 autotransfusion (including blood conservation techniques),
3-5 administration of cardioplegia, and isolated limb perfusion;
3-6 (C) the use of techniques involving blood
3-7 management, advanced life support, and other related functions; and
3-8 (D) in the performance of the acts described in
3-9 this subsection:
3-10 (i) the administration of:
3-11 (aa) pharmacological and therapeutic
3-12 agents; or
3-13 (bb) blood products or anesthetic
3-14 agents through the extracorporeal circuit or through an intravenous
3-15 line as ordered by a physician;
3-16 (ii) the performance and use of:
3-17 (aa) anticoagulation analysis;
3-18 (bb) physiologic analysis;
3-19 (cc) blood gas and chemistry
3-20 analysis;
3-21 (dd) hematocrit analysis;
3-22 (ee) hypothermia;
3-23 (ff) hyperthermia;
3-24 (gg) hemoconcentration; and
3-25 (hh) hemodilution; and
3-26 (iii) the observation of signs and
3-27 symptoms related to perfusion services, the determination of
4-1 whether the signs and symptoms exhibit abnormal characteristics,
4-2 and the implementation of appropriate reporting, perfusion
4-3 protocols, or changes in or the initiation of emergency procedures.
4-4 (8) "Perfusion protocols" means perfusion-related
4-5 policies and protocols developed or approved by a licensed health
4-6 facility or a physician through collaboration with administrators,
4-7 licensed perfusionists, and other health professionals.
4-8 (9) "Provisional licensed perfusionist" means a person
4-9 provisionally licensed under this article.
4-10 Sec. 4. BOARD; MEMBERSHIP. (a) The Texas State Board of
4-11 Examiners of Perfusionists is created.
4-12 (b) The board is composed of nine members. Three members
4-13 must be members of the general public. Five members must be
4-14 perfusionists licensed under this article. One member must be a
4-15 physician licensed by the Texas State Board of Medical Examiners
4-16 who is also board certified in cardiovascular surgery.
4-17 (c) The governor with the advice and consent of the senate
4-18 shall appoint the board members, who shall serve staggered terms of
4-19 six years with three members' terms expiring February 1 of each
4-20 odd-numbered year.
4-21 (d) A license holder eligible for appointment as a licensed
4-22 perfusionist board member must have been licensed under this
4-23 article for at least three years before appointment to the board.
4-24 (e) An officer, employee, or paid consultant of a Texas
4-25 trade association in the field of health care may not be a member
4-26 or employee of the board who is exempt from the state's position
4-27 classification plan or is compensated at or above the amount
5-1 prescribed by the General Appropriations Act for step 1, salary
5-2 group 17, of the position classification salary schedule.
5-3 (f) A person who is the spouse of an officer, manager, or
5-4 paid consultant of a Texas trade association in the field of health
5-5 care may not be a board member and may not be an employee of the
5-6 board who is exempt from the state's position classification plan
5-7 or is compensated at or above the amount prescribed by the General
5-8 Appropriations Act for step 1, salary group 17, of the position
5-9 classification salary schedule. For the purposes of this
5-10 subsection and Subsection (e) of this section, a Texas trade
5-11 association is a nonprofit, cooperative, and voluntarily joined
5-12 association of business or professional competitors in this state
5-13 designed to assist its members and its industry or profession in
5-14 dealing with mutual business or professional problems and in
5-15 promoting their common interests.
5-16 (g) It is the intent of the legislature that the membership
5-17 of the board reflect the historical and cultural diversity of the
5-18 inhabitants of this state. Appointments to the board should be
5-19 made without discrimination based on race, creed, sex, religion,
5-20 national origin, or geographical distribution of the appointees.
5-21 (h) A person may not serve as a member of the board or act
5-22 as general counsel to the board if the person is required to
5-23 register as a lobbyist under Chapter 305, Government Code, and its
5-24 subsequent amendments, because of the person's activities for
5-25 compensation on behalf of a profession related to the operation of
5-26 the board.
5-27 Sec. 5. GROUNDS FOR REMOVAL. (a) It is a ground for
6-1 removal from the board if a member:
6-2 (1) does not have at the time of appointment the
6-3 qualifications required for appointment to the board;
6-4 (2) does not maintain during service on the board the
6-5 qualifications required for appointment to the board;
6-6 (3) violates a prohibition established by this
6-7 article;
6-8 (4) cannot discharge the member's term for a
6-9 substantial part of the term for which the member is appointed
6-10 because of illness or disability; or
6-11 (5) is absent from more than half of the regularly
6-12 scheduled board meetings that the member is eligible to attend
6-13 during a calendar year unless the absence is excused by majority
6-14 vote of the board.
6-15 (b) The validity of an action of the board is not affected
6-16 by the fact that it is taken when a ground for removal of a member
6-17 of the board exists.
6-18 (c) If the executive director has knowledge that a potential
6-19 ground for removal exists, the executive director shall notify the
6-20 presiding officer of the board of the ground. The presiding
6-21 officer shall then notify the governor that a potential ground for
6-22 removal exists.
6-23 Sec. 6. OFFICERS; MEETINGS; QUORUM; EXPENSES. (a) Not
6-24 later than the 30th day after the day its new members are appointed
6-25 by the governor, the board shall meet to elect a chairman and
6-26 vice-chairman who shall hold office according to rules adopted by
6-27 the board.
7-1 (b) The board shall hold at least two regular meetings each
7-2 year as provided by rules adopted by the board. The rules may not
7-3 be inconsistent with present rules of the department relating to
7-4 meetings of boards.
7-5 (c) A majority of the members constitutes a quorum.
7-6 (d) A member of the board is entitled to a per diem as set
7-7 by the General Appropriations Act for each day that the member
7-8 engages in the business of the board. A member is entitled to
7-9 compensation for travel expenses as provided by the General
7-10 Appropriations Act.
7-11 Sec. 7. POWERS AND DUTIES OF BOARD. (a) The board may
7-12 adopt rules not inconsistent with this article as are necessary for
7-13 the governing of its own proceedings, the performance of its
7-14 duties, the regulation of the practice of perfusion in this state,
7-15 and the enforcement of this article. In adopting rules, the board
7-16 shall consider the rules and procedures of the board of health and
7-17 the department and shall adopt procedural rules not inconsistent
7-18 with existing rules and procedures of the board of health or the
7-19 department.
7-20 (b) The board shall:
7-21 (1) adopt and publish a code of ethics and adopt an
7-22 official seal;
7-23 (2) establish the qualifications and fitness of
7-24 applicants for licenses, renewal of licenses, and reciprocal
7-25 licenses;
7-26 (3) revoke, suspend, or deny a license, probate a
7-27 license suspension, or reprimand a license holder for a violation
8-1 of this article, the code of ethics, or the rules of the board;
8-2 (4) spend funds necessary for the proper
8-3 administration of its assigned duties;
8-4 (5) establish reasonable and necessary fees for the
8-5 administration and implementation of this article;
8-6 (6) comply with the open meetings law, Chapter 271,
8-7 Acts of the 60th Legislature, Regular Session, 1967 (Article
8-8 6252-17, Vernon's Texas Civil Statutes), and its subsequent
8-9 amendments, and the Administrative Procedure and Texas Register Act
8-10 (Article 6252-13a, Vernon's Texas Civil Statutes) and its
8-11 subsequent amendments;
8-12 (7) provide to its members and employees, as often as
8-13 necessary, information regarding their qualifications for office or
8-14 employment under this article and their responsibilities under
8-15 applicable laws relating to standards of conduct for state officers
8-16 or employees;
8-17 (8) develop and implement policies that provide the
8-18 public with a reasonable opportunity to appear before the board and
8-19 to speak on any issue under the jurisdiction of the board;
8-20 (9) develop and implement policies that clearly define
8-21 the respective responsibilities of the board and the staff of the
8-22 board;
8-23 (10) prepare and maintain a written plan that
8-24 describes how a person who does not speak English or who has a
8-25 physical, mental, or developmental disability can be provided
8-26 reasonable access to the board's programs and comply with federal
8-27 and state laws for program and facility accessibility;
9-1 (11) comply with the board member training
9-2 requirements established by any other state agency that is given
9-3 authority to establish the requirements for the board; and
9-4 (12) establish continuing professional education
9-5 programs for licensed perfusionists and provisional licensed
9-6 perfusionists under this chapter, the standards of which shall be
9-7 at least as stringent as those of the American Board of
9-8 Cardiovascular Perfusion or its successor agency, and shall:
9-9 (A) establish a minimum number of hours of
9-10 continuing education required to renew a license under this
9-11 article;
9-12 (B) develop a process to evaluate and approve
9-13 continuing education courses;
9-14 (C) identify the key factors for the competent
9-15 performance by a license holder of the license holder's
9-16 professional duties; and
9-17 (D) adopt a procedure to assess a license
9-18 holder's participation in continuing education programs.
9-19 (c) The board may not adopt rules restricting competitive
9-20 bidding or advertising by a person regulated by the board except to
9-21 prohibit false, misleading, or deceptive practices. The board may
9-22 not include in its rules to prohibit false, misleading, or
9-23 deceptive practices by a person regulated by the board a rule that:
9-24 (1) restricts the person's use of any medium for
9-25 advertising;
9-26 (2) restricts the person's personal appearance or use
9-27 of the person's personal voice in an advertisement;
10-1 (3) relates to the size or duration of any
10-2 advertisement by the person; or
10-3 (4) restricts the person's advertisement under a trade
10-4 name.
10-5 (d) The board by rule shall establish methods by which
10-6 consumers and service recipients are notified of the name, mailing
10-7 address, and telephone number of the board for directing complaints
10-8 to the board. The board may provide for that notification:
10-9 (1) on each license form, application, or written
10-10 contract for services of a person licensed under this article;
10-11 (2) on a sign prominently displayed in the place of
10-12 business of each person licensed under this article; or
10-13 (3) in a bill for services provided by a person
10-14 licensed under this article.
10-15 (e) The board shall list along with its regular telephone
10-16 number the toll-free telephone number that may be called to present
10-17 a complaint about a health professional if the toll-free number is
10-18 established under other state law.
10-19 Sec. 8. ADMINISTRATIVE FUNCTION; PERSONNEL. (a) The basic
10-20 personnel and necessary facilities required to administer this
10-21 article shall be the personnel and facilities of the department.
10-22 The department personnel shall act as the agents of the board. If
10-23 necessary to the administration or implementation of this article,
10-24 the department by agreement may secure and provide for compensation
10-25 for services that it considers necessary and may employ and
10-26 compensate within available appropriations professional
10-27 consultants, technical assistants, and employees on a full-time or
11-1 part-time basis.
11-2 (b) The commissioner shall designate an employee to serve as
11-3 executive secretary of the board. The executive secretary shall be
11-4 an employee of the department. The executive secretary shall be
11-5 the administrator of the licensing activities for the board.
11-6 (c) In addition to other duties prescribed by this article
11-7 and by the department, the executive secretary shall:
11-8 (1) keep full and accurate minutes of the transactions
11-9 and proceedings of the board;
11-10 (2) be the custodian of the files and records of the
11-11 board;
11-12 (3) prepare and recommend to the board plans and
11-13 procedures necessary to implement the purposes and objectives of
11-14 this article, including rules and proposals on administrative
11-15 procedures consistent with this article;
11-16 (4) exercise general supervision over persons employed
11-17 by the department in the administration of this article;
11-18 (5) be responsible for the investigation of complaints
11-19 and for the presentation of formal complaints;
11-20 (6) attend all meetings of the board as a nonvoting
11-21 participant;
11-22 (7) handle the correspondence of the board and obtain,
11-23 assemble, or prepare the reports and information that the board may
11-24 direct or authorize;
11-25 (8) develop an intra-agency career ladder program
11-26 which shall require intra-agency posting of all nonentry level
11-27 positions concurrently with any public posting;
12-1 (9) develop a system of annual performance evaluations
12-2 based on measurable job tasks, which shall be the basis for all
12-3 merit pay for board employees; and
12-4 (10) prepare and maintain a written policy statement
12-5 to ensure implementation of a program of equal employment
12-6 opportunity under which all personnel transactions are made without
12-7 regard to race, color, disability, sex, religion, age, or natural
12-8 origin, which policy statement must cover an annual period, be
12-9 updated annually, be reviewed by the Commission on Human Rights for
12-10 compliance with Paragraph (A) of this subdivision, and be filed
12-11 with the governor's office and that must include:
12-12 (A) personnel policies, including policies
12-13 relating to recruitment, evaluation, selection, application,
12-14 training, and promotion of personnel that are in compliance with
12-15 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
12-16 Civil Statutes) and its subsequent amendments;
12-17 (B) a comprehensive analysis of the board
12-18 workforce that meets federal and state guidelines;
12-19 (C) procedures by which a determination can be
12-20 made of significant underuse in the board workforce of all persons
12-21 for whom federal or state guidelines encourage a more equitable
12-22 balance; and
12-23 (D) reasonable methods to appropriately address
12-24 those areas of underuse.
12-25 Sec. 9. FEES; FUNDS; ANNUAL REPORT; AUDIT. (a) After
12-26 consultation with the commissioner or the department, the board
12-27 shall set the fees imposed by this article in amounts so that the
13-1 fees in the aggregate produce sufficient revenue to cover the cost
13-2 of administering this article without accumulating an unnecessary
13-3 surplus in the licensed perfusionists fund created by this section.
13-4 (b) The amount of the fees that may be imposed in connection
13-5 with a license under this article may not exceed the following:
13-6 (1) application fee: $75;
13-7 (2) examination fee: $100;
13-8 (3) initial license fee: $75;
13-9 (4) initial provisional license fee: $75;
13-10 (5) license renewal fee: $75;
13-11 (6) delinquency fee: $50; and
13-12 (7) duplicate license fee: $10.
13-13 (c) The fees set by the board may be adjusted so that the
13-14 total fees collected are sufficient to meet the expenses of
13-15 administering this article.
13-16 (d) The department shall receive and account for funds
13-17 derived under this article. The funds shall be deposited in the
13-18 state treasury to the credit of a special fund to be known as the
13-19 licensed perfusionists fund to be used only for the administration
13-20 of this article.
13-21 (e) The board shall make a complete and detailed written
13-22 report to the governor, lieutenant governor, and speaker of the
13-23 house of representatives accounting for all funds received and
13-24 disbursed by the board or the department for the administration of
13-25 this article during the preceding year. The annual report must be
13-26 in the form and reported in the time provided by the General
13-27 Appropriations Act.
14-1 (f) The financial transactions of the board or the
14-2 department in relation to the administration of this article are
14-3 subject to audit by the state auditor in accordance with Chapter
14-4 321, Government Code, and its subsequent amendments.
14-5 Sec. 10. APPLICANT QUALIFICATIONS; APPLICATION REVIEW. (a)
14-6 An applicant for a perfusionist license must submit a sworn
14-7 application accompanied by an application fee.
14-8 (b) The board shall prescribe the form of the application
14-9 and by rule may establish dates by which applications and fees must
14-10 be received. These rules must not be inconsistent with present
14-11 rules of the department related to application dates of other
14-12 licenses.
14-13 (c) To qualify for the licensing examination, the applicant
14-14 must have successfully completed a perfusion education program
14-15 approved by the board.
14-16 (d) In approving perfusion education programs necessary for
14-17 qualification for licensing examination, the board shall approve
14-18 only a program that has educational standards that are at least as
14-19 stringent as those established by the Accreditation Committee for
14-20 Perfusion Education and approved by the Committee on Allied Health
14-21 Education and Accreditation of the American Medical Association or
14-22 their successors.
14-23 (e) Not later than the 45th day after the date of receipt of
14-24 a properly submitted and timely application and not later than the
14-25 30th day before the next examination date, the department shall
14-26 notify an applicant in writing that the applicant's application and
14-27 any other relevant evidence pertaining to applicant qualifications
15-1 established by the board by rule have been received and
15-2 investigated. The notice shall state whether the application and
15-3 other evidence submitted have qualified the applicant for
15-4 examination. If the applicant has not qualified for examination,
15-5 the notice shall state the reasons for the lack of qualification.
15-6 Sec. 11. EXAMINATION. (a) To qualify for a license, an
15-7 applicant must pass a competency examination. Examinations shall
15-8 be prepared or approved by the board and administered to qualified
15-9 applicants at least once each calendar year.
15-10 (b) An examination prescribed by the board may be or may
15-11 include the written and oral examinations given by the American
15-12 Board of Cardiovascular Perfusion or by a national or state testing
15-13 service in lieu of an examination prepared by the board. The board
15-14 shall have the written portion of the examination, if any,
15-15 validated by an independent testing professional.
15-16 (c) Not later than the 30th day after the date on which a
15-17 licensing examination is administered under this article, the
15-18 department shall notify each examinee of the results of the
15-19 examination. If an examination is graded or reviewed by a national
15-20 or state testing service, the department shall notify examinees of
15-21 the results of the examination within two weeks after the date the
15-22 department receives the results from the testing service. If the
15-23 notice of the examination results will be delayed for more than 90
15-24 days after the examination date, the department shall notify the
15-25 examinee of the reason for the delay before the 90th day.
15-26 (d) If requested in writing by a person who fails the
15-27 licensing examination, the department shall furnish the person with
16-1 an analysis of the person's performance on the examination.
16-2 (e) The board by rule shall establish:
16-3 (1) a limit on the number of times an applicant who
16-4 fails an examination may retake the examination;
16-5 (2) requirements for retaking an examination; and
16-6 (3) alternative methods of examining competency.
16-7 Sec. 12. LICENSE. (a) A person who meets the licensing
16-8 qualifications under this article is entitled to receive a license
16-9 as a licensed perfusionist.
16-10 (b) The license holder must:
16-11 (1) display the license certificate in an appropriate
16-12 and public manner; or
16-13 (2) maintain on file at all times during which the
16-14 license holder provides services in a health care facility a true
16-15 and correct copy of the license certificate in the appropriate
16-16 records of the facility; and
16-17 (3) keep the department informed of any change of
16-18 address.
16-19 (c) A license certificate issued by the board is the
16-20 property of the board and shall be surrendered on demand.
16-21 Sec. 13. LICENSE EXPIRATION; RENEWAL. (a) A license is
16-22 valid for one year from the date it is issued and may be renewed
16-23 annually.
16-24 (b) The board of health by rule may adopt a system under
16-25 which licenses expire on various dates during the year.
16-26 (c) A person may renew an unexpired license by submitting
16-27 proof satisfactory to the board of compliance with the continuing
17-1 professional education requirements prescribed by the board and
17-2 paying the required renewal fee to the department before the
17-3 expiration date of the license.
17-4 (d) If a person's license has been expired for not more than
17-5 90 days, the person may renew the license by submitting proof
17-6 satisfactory to the board of compliance with the continuing
17-7 professional education requirements prescribed by the board and
17-8 paying to the department the required renewal fee and a penalty fee
17-9 that is one-half of the renewal fee.
17-10 (e) If a person's license has been expired for more than 90
17-11 days but less than two years, the person may renew the license by
17-12 submitting proof satisfactory to the board of compliance with the
17-13 continuing professional education requirements prescribed by the
17-14 board and paying to the department all unpaid renewal fees and a
17-15 penalty fee that is equal to the renewal fee.
17-16 (f) If a person's license has been expired two years or
17-17 more, the person may not renew the license. The person may obtain
17-18 a new license by submitting to reexamination and complying with the
17-19 current requirements and procedures for obtaining a license.
17-20 (g) The board may renew without reexamination an expired
17-21 license of a person who was licensed in this state, moved to
17-22 another state, and is currently appropriately licensed or certified
17-23 and has been in practice in the other state for the two years
17-24 preceding application. The person must pay to the board a fee that
17-25 is equal to the examination fee for the license.
17-26 (h) The department shall notify each license holder in
17-27 writing of the license expiration date before the 30th day before
18-1 that date by notice to the license holder at the license holder's
18-2 last known address according to the records of the board.
18-3 Sec. 14. PROVISIONAL LICENSE. (a) A license as a
18-4 provisional licensed perfusionist may be issued by the board to a
18-5 person who has successfully completed an approved perfusion
18-6 education program on the filing of an application, payment of an
18-7 application fee, and the submission of evidence satisfactory to the
18-8 board of the successful completion of the education requirement set
18-9 forth in Section 10 of this article.
18-10 (b) A provisional licensed perfusionist shall be under the
18-11 supervision and direction of a licensed perfusionist at all times
18-12 during which the provisional licensed perfusionist performs
18-13 perfusion. Rules adopted by the board governing such supervision
18-14 and direction may not require the immediate physical presence of
18-15 the supervising licensed perfusionist.
18-16 (c) A person qualified for a provisional license under this
18-17 article is entitled to receive a license as a provisional licensed
18-18 perfusionist. A provisional licensed perfusionist shall comply
18-19 with Sections 12(b) and (c) of this article.
18-20 (d) A provisional license is valid for one year from the
18-21 date it is issued and may be renewed annually not more than five
18-22 times by the same procedures established for renewal under Section
18-23 13 of this article if the application for renewal is signed by a
18-24 supervising licensed perfusionist.
18-25 Sec. 15. ENDORSEMENT. On receipt of an application and
18-26 application fee, the board shall waive the examination requirement
18-27 for an applicant who at the time of application:
19-1 (1) is appropriately licensed or certified by another
19-2 state, territory, or possession of the United States if the
19-3 requirements of that state, territory, or possession for the
19-4 license or certificate are the substantial equivalent of the
19-5 requirements of this article as determined by the board; or
19-6 (2) holds a certificate as a certified clinical
19-7 perfusionist issued by the American Board of Cardiovascular
19-8 Perfusion prior to January 1, 1994, and who may practice perfusion
19-9 in another state, territory, or possession of the United States
19-10 which does not credential perfusionists.
19-11 Sec. 16. PROHIBITED ACTS; PENALTY. (a) A person may not
19-12 engage or offer to engage in perfusion, as defined in this article,
19-13 for compensation or use the title or represent or imply that the
19-14 person has the title of "licensed perfusionist" or "provisional
19-15 licensed perfusionist" or use the letters "LP" or "PLP" and may not
19-16 use any facsimile of those titles in any manner to indicate or
19-17 imply that the person is a licensed perfusionist or provisional
19-18 licensed perfusionist unless the person holds an appropriate
19-19 license issued under this article.
19-20 (b) A person may not use the title or represent or imply
19-21 that the person has the title of "certified clinical perfusionist"
19-22 or use the letters "CCP" and may not use any facsimile of those
19-23 titles in any manner to indicate or imply that the person is a
19-24 certified clinical perfusionist by the American Board of
19-25 Cardiovascular Perfusion unless the person holds a certificate as a
19-26 certified clinical perfusionist issued by the American Board of
19-27 Cardiovascular Perfusion.
20-1 (c) A person commits an offense if the person knowingly or
20-2 intentionally violates Subsection (a) or (b) of this section. An
20-3 offense under this section is a Class B misdemeanor.
20-4 Sec. 17. EXEMPTIONS. This article does not apply to:
20-5 (1) a person licensed by another health professional
20-6 licensing board if:
20-7 (A) the person does not represent to the public,
20-8 directly or indirectly, that the person is licensed under this
20-9 article, and does not use any name, title, or designation
20-10 indicating that the person is licensed under this article; and
20-11 (B) the person confines the person's acts or
20-12 practice to the scope of practice authorized by the other health
20-13 professional licensing laws;
20-14 (2) a student enrolled in an accredited perfusion
20-15 education program if perfusion services performed by the student:
20-16 (A) are an integral part of the student's course
20-17 of study; and
20-18 (B) are performed under the direct supervision
20-19 of a licensed perfusionist assigned to supervise the student and
20-20 who is on duty and immediately available in the assigned patient
20-21 care area;
20-22 (3) a person who has successfully completed an
20-23 approved perfusion education program but who has not been issued a
20-24 license as a provisional licensed perfusionist in accordance with
20-25 the provisions of Section 14 of this article and:
20-26 (A) is at all times in compliance with the
20-27 provisions of Section 14(b) of this article; and
21-1 (B) receives a license as a provisional licensed
21-2 perfusionist within 180 days of the date upon which the person
21-3 successfully completed an approved perfusion education program;
21-4 (4) the practice of any legally qualified perfusionist
21-5 employed by the United States government while in the discharge of
21-6 official duties; or
21-7 (5) a person who is not a resident of this state if:
21-8 (A) the person is authorized to perform the
21-9 activities and services of perfusion under the laws of the state of
21-10 the person's residence; and
21-11 (B) such activities and services are performed
21-12 for not more than 30 days in any one year; or
21-13 (6) a person performing autotransfusion or blood
21-14 conservation techniques under the supervision of a licensed
21-15 physician.
21-16 Sec. 18. COMPLAINT PROCEDURE IN GENERAL. (a) The board
21-17 shall keep an information file about each complaint filed with the
21-18 board. The board's information file shall be kept current and
21-19 contain a record for each complaint of:
21-20 (1) all persons contacted in relation to the
21-21 complaint;
21-22 (2) a summary of findings made at each step of the
21-23 complaint process;
21-24 (3) an explanation of the legal basis and reason for a
21-25 complaint that is dismissed; and
21-26 (4) other relevant information.
21-27 (b) If written complaint is filed with the board that the
22-1 board has authority to resolve, the board, at least as frequently
22-2 as quarterly and until final disposition of the complaint, shall
22-3 notify the parties to the complaint of the status of the complaint
22-4 unless the notice would jeopardize an undercover investigation.
22-5 (c) The board by rule shall adopt a form to standardize
22-6 information concerning complaints made to the board. The board by
22-7 rule shall prescribe information to be provided to a person when
22-8 the person files a complaint with the board.
22-9 (d) The board shall provide reasonable assistance to a
22-10 person who wishes to file a complaint with the board.
22-11 Sec. 19. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
22-12 board shall adopt rules concerning the investigation of a complaint
22-13 filed with the board. The rules adopted under this subsection
22-14 shall:
22-15 (1) distinguish between categories of complaints;
22-16 (2) ensure that complaints are not dismissed without
22-17 appropriate consideration;
22-18 (3) require that the board be advised of a complaint
22-19 that is dismissed and that a letter be sent to the person who filed
22-20 the complaint explaining the action taken on the dismissed
22-21 complaint;
22-22 (4) ensure that the person who filed the complaint has
22-23 an opportunity to explain the allegations made in the complaint;
22-24 and
22-25 (5) prescribe guidelines concerning the categories of
22-26 complaints that require the use of a private investigator and the
22-27 procedures for the board to obtain the services of a private
23-1 investigator.
23-2 (b) The board shall dispose of all complaints in a timely
23-3 manner. The board shall establish a schedule for conducting each
23-4 phase of a complaint that is under the control of the board not
23-5 later than the 30th day after the date the complaint is received by
23-6 the board. The schedule shall be kept in the information file for
23-7 the complaint and all parties shall be notified of the projected
23-8 time requirements for pursuing the complaint. A change in the
23-9 schedule must be noted in the complaint information file and all
23-10 parties to the complaint must be notified not later than the
23-11 seventh day after the date the change is made.
23-12 (c) The executive director of the board shall notify the
23-13 board of a complaint that extends beyond the time prescribed by the
23-14 board for resolving the complaint so that the board may take
23-15 necessary action on the complaint.
23-16 Sec. 20. INFORMAL PROCEEDINGS. (a) The board by rule shall
23-17 adopt procedures governing:
23-18 (1) informal disposition of a contested case under
23-19 Section 13(e), Administrative Procedure and Texas Register Act
23-20 (Article 6252-13a, Vernon's Texas Civil Statutes); and
23-21 (2) informal proceedings held in compliance with
23-22 Section 18(c), Administrative Procedure and Texas Register Act
23-23 (Article 6252-13a, Vernon's Texas Civil Statutes).
23-24 (b) Rules adopted under this section must provide the
23-25 complainant and the license holder an opportunity to be heard and
23-26 must require the presence of a representative of the office of the
23-27 attorney general to advise the board or the board's employees.
24-1 Sec. 21. MONITORING OF LICENSE HOLDER. The board by rule
24-2 shall develop a system for monitoring license holders' compliance
24-3 with the requirements of this article. Rules adopted under this
24-4 section shall include procedures for monitoring a license holder
24-5 who is ordered by the board to perform certain acts to ascertain
24-6 that the license holder performs the required acts and to identify
24-7 and monitor license holders who represent a risk to the public.
24-8 Sec. 22. REVOCATION AND SUSPENSION; EX PARTE COMMUNICATION.
24-9 (a) The board shall revoke or suspend a license, place on
24-10 probation a person whose license has been suspended, or reprimand a
24-11 license holder on proof of:
24-12 (1) any violation of this article; or
24-13 (2) any violation of a rule or code of ethics adopted
24-14 by the board.
24-15 (b) If a license suspension is probated, the board may
24-16 require the license holder:
24-17 (1) to report regularly to the board on matters that
24-18 are the basis of the probation;
24-19 (2) to limit practice to the areas prescribed by the
24-20 board; or
24-21 (3) to continue the person's professional education
24-22 until the license holder attains a degree of skill satisfactory to
24-23 the board in those areas that are the basis of the probation.
24-24 (c) If the board proposes to suspend or revoke a person's
24-25 license, the person is entitled to a hearing before a hearings
24-26 officer appointed by the State Office of Administrative Hearings.
24-27 The board shall prescribe procedures by which all decisions to
25-1 suspend or revoke a license are appealable to the board.
25-2 (d) Proceedings for the suspension or revocation of a
25-3 license are governed by the Administrative Procedure and Texas
25-4 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
25-5 its subsequent amendments.
25-6 (e) The board by rule shall adopt a broad schedule of
25-7 sanctions for violations under this article. The State Office of
25-8 Administrative Hearings shall use the schedule for any sanction
25-9 imposed as the result of a hearing conducted by that office.
25-10 (f) A member of the board or hearings examiner may not
25-11 communicate with a party to a proceeding pending before the board
25-12 or the hearings examiner or with a party's representative unless
25-13 notice and an opportunity to participate are given to each party to
25-14 the proceeding if the member or hearings examiner proposes to make
25-15 a decision, a finding of fact, or a conclusion of law in the
25-16 proceeding.
25-17 Sec. 23. DUTIES OF THE BOARD. For the purposes of this
25-18 article, the board:
25-19 (1) shall request and receive necessary assistance
25-20 from state educational institutions or other state agencies;
25-21 (2) shall prepare information of consumer interest
25-22 describing the regulatory functions of the board, the procedures by
25-23 which consumer complaints are filed and resolved, and the
25-24 profession of perfusion and shall make the information available to
25-25 the public and appropriate state agencies;
25-26 (3) shall prepare a registry of licensed perfusionists
25-27 and provisional licensed perfusionists and make this information
26-1 available to the general public, license holders, and appropriate
26-2 state agencies; and
26-3 (4) may request the attorney general or the
26-4 appropriate county or district attorney to institute a suit to
26-5 enjoin a violation of this article in addition to any other action,
26-6 proceeding, or remedy authorized by law.
26-7 Sec. 24. SUNSET PROVISION. The Texas State Board of
26-8 Examiners of Perfusionists is subject to Chapter 325, Government
26-9 Code (Texas Sunset Act), and its subsequent amendments. Unless
26-10 continued in existence as provided by that chapter, the board is
26-11 abolished September 1, 2005.
26-12 SECTION 2. (a) Notwithstanding Section 4, Article 4529e,
26-13 Revised Statutes, as added by this Act, not later than December 31,
26-14 1993, the governor shall make the initial appointments to the Texas
26-15 State Board of Examiners of Perfusionists as follows:
26-16 (1) one member engaged in the practice of perfusion,
26-17 the physician member, and one public member, who shall serve until
26-18 February 1, 1995;
26-19 (2) two members engaged in the practice of perfusion
26-20 and one public member, who shall serve until February 1, 1997; and
26-21 (3) two members engaged in the practice of perfusion
26-22 and one public member, who shall serve until February 1, 1999.
26-23 (b) A person actively engaged in the practice of perfusion
26-24 consistent with applicable law on or prior to January 1, 1993,
26-25 shall receive a license as a licensed perfusionist without
26-26 examination if application is made before September 1, 1995, so
26-27 long as the person submits proof satisfactory to the board that the
27-1 person meets one of the following requirements:
27-2 (1) the person, as of the effective date of this Act,
27-3 was operating cardiopulmonary bypass systems during cardiopulmonary
27-4 surgery in a health care facility licensed in the United States as
27-5 the person's primary function and had been operating the systems
27-6 since January 1, 1989;
27-7 (2) the person has had at least five years' experience
27-8 operating cardiopulmonary bypass systems during cardiopulmonary
27-9 surgery in a health care facility licensed in the United States
27-10 since January 1, 1986; or
27-11 (3) the person has successfully completed a perfusion
27-12 education program approved by the Committee on Allied Health
27-13 Education and Accreditation of the American Medical Association, or
27-14 their successors, after January 1, 1989, and holds a certificate as
27-15 a certified clinical perfusionist issued by the American Board of
27-16 Cardiovascular Perfusion.
27-17 (c) Notwithstanding Section 4, Article 4529e, Revised
27-18 Statutes, as added by this Act, a perfusionist member of the Texas
27-19 State Board of Examiners of Perfusionists:
27-20 (1) is not required to be licensed if the member was
27-21 appointed to the board before January 1, 1995; and
27-22 (2) is not required to be licensed under Article
27-23 4529e, Revised Statutes, as added by this Act, for three years or
27-24 more if the member was appointed to the board within four years
27-25 following the effective date of this Act.
27-26 SECTION 3. This Act takes effect January 1, 1994.
27-27 SECTION 4. The importance of this legislation and the
28-1 crowded condition of the calendars in both houses create an
28-2 emergency and an imperative public necessity that the
28-3 constitutional rule requiring bills to be read on three several
28-4 days in each house be suspended, and this rule is hereby suspended.