By: Berlanga H.B. No. 1835
73R5550 CAG-F
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 a diversion of
2-15 a patient's blood through a heart-lung machine or a similar device
2-16 that assumes the functions of the patient's heart, lungs, or both.
2-17 (6) "Licensed perfusionist" means a person licensed
2-18 under this article.
2-19 (7) "Perfusion" means the functions necessary for the
2-20 support, treatment, measurement, or supplementation of the
2-21 cardiovascular, circulatory, or respiratory system, or a
2-22 combination of those activities, and to ensure the safe management
2-23 of physiologic functions by monitoring the parameters of the
2-24 systems under an order and under the supervision of a licensed
2-25 physician, including:
2-26 (A) the use of extracorporeal circulation,
2-27 cardiopulmonary support techniques, and other therapeutic and
3-1 diagnostic technologies;
3-2 (B) counterpulsation, ventricular assistance, or
3-3 autotransfusion, including blood conservation techniques,
3-4 administration of cardioplegia, and isolated limb perfusion;
3-5 (C) the use of techniques involving blood
3-6 management, advanced life support, and other related functions; and
3-7 (D) in the performance of the acts described in
3-8 this subsection:
3-9 (i) the administration of pharmacological
3-10 and therapeutic agents, blood products, or anesthetic agents
3-11 through the extracorporeal circuit or through an intravenous line
3-12 as ordered by a physician;
3-13 (ii) the use of anticoagulation
3-14 monitoring, physiologic monitoring, blood gas and chemistry
3-15 monitoring, hematocrit monitoring, hypothermia, hyperthermia,
3-16 hemoconcentration, and hemodilution; and
3-17 (iii) the observation of signs and
3-18 symptoms related to perfusion services, the determination of
3-19 whether the signs and symptoms exhibit abnormal characteristics,
3-20 and the implementation of appropriate reporting, perfusion
3-21 protocols, or changes in or the initiation of emergency procedures.
3-22 (8) "Perfusion protocols" means perfusion-related
3-23 policies and protocols developed or approved by a licensed health
3-24 facility or a physician through collaboration with administrators
3-25 and other health professionals.
3-26 (9) "Provisional licensed perfusionist" means a person
3-27 provisionally licensed under this article.
4-1 Sec. 4. BOARD; MEMBERSHIP. (a) The Texas State Board of
4-2 Examiners of Perfusionists is created.
4-3 (b) The board is composed of nine members. Three members
4-4 must be members of the general public. Five members must be
4-5 perfusionists licensed under this article. One member must be a
4-6 physician licensed by the Texas State Board of Medical Examiners
4-7 who is also board certified in cardiovascular surgery.
4-8 (c) The governor with the advice and consent of the senate
4-9 shall appoint the board members, who shall serve staggered terms of
4-10 six years with three members' terms expiring February 1 of each
4-11 odd-numbered year.
4-12 (d) A license holder eligible for appointment as a licensed
4-13 perfusionist board member must have been licensed under this
4-14 article for at least three years before appointment to the board.
4-15 (e) A person is eligible for appointment as a public member
4-16 if the person and the person's spouse:
4-17 (1) are not licensed by an occupational regulatory
4-18 agency in the field of health care; and
4-19 (2) are not employed by and do not participate in the
4-20 management of an agency or business entity that provides
4-21 health-care services or that sells, manufactures, or distributes
4-22 health-care supplies or equipment.
4-23 (f) It is the intent of the legislature that the membership
4-24 of the board reflect the historical and cultural diversity of the
4-25 inhabitants of this state. Appointments to the board should be
4-26 made without discrimination based on race, creed, sex, religion,
4-27 national origin, or geographical distribution of the appointees.
5-1 (g) A member or employee of the board may not be an officer,
5-2 employee, or paid consultant of a trade or professional association
5-3 in the field of health care.
5-4 (h) A person who is required to register as a lobbyist under
5-5 Chapter 305, Government Code, and its subsequent amendments in a
5-6 health-related area may not serve as a member of the board or act
5-7 as the general counsel to the board.
5-8 Sec. 5. GROUNDS FOR REMOVAL. (a) It is a ground for
5-9 removal from the board if a member:
5-10 (1) does not have at the time of appointment the
5-11 qualifications required for appointment to the board;
5-12 (2) does not maintain during service on the board the
5-13 qualifications required for appointment to the board; or
5-14 (3) violates a prohibition established by this
5-15 article.
5-16 (b) If a ground for removal of a member from the board
5-17 exists, the board's actions taken during the existence of the
5-18 ground for removal are valid.
5-19 Sec. 6. OFFICERS; MEETINGS; QUORUM; EXPENSES. (a) Not
5-20 later than the 30th day after the day its new members are appointed
5-21 by the governor, the board shall meet to elect a chairman and
5-22 vice-chairman who shall hold office according to rules adopted by
5-23 the board.
5-24 (b) The board shall hold at least two regular meetings each
5-25 year as provided by rules adopted by the board. The rules may not
5-26 be inconsistent with present rules of the department relating to
5-27 meetings of boards.
6-1 (c) A majority of the members constitutes a quorum.
6-2 (d) Each member of the board is entitled to a per diem
6-3 payment at the rate set by the legislature for state employees in
6-4 the General Appropriations Act for each day that the member engages
6-5 in the business of the board. A member is entitled to compensation
6-6 for transportation expenses as provided by the General
6-7 Appropriations Act. A board member may not receive a fixed salary
6-8 for services.
6-9 Sec. 7. POWERS AND DUTIES OF BOARD. (a) The board may
6-10 adopt rules not inconsistent with this article as are necessary for
6-11 the governing of its own proceedings, the performance of its
6-12 duties, the regulation of the practice of perfusion in this state,
6-13 and the enforcement of this article. In adopting rules, the board
6-14 shall consider the rules and procedures of the board of health and
6-15 the department and shall adopt procedural rules not inconsistent
6-16 with existing rules and procedures of the board of health or the
6-17 department.
6-18 (b) The board shall:
6-19 (1) adopt and publish a code of ethics and adopt an
6-20 official seal;
6-21 (2) establish the qualifications and fitness of
6-22 applicants for licenses, renewal of licenses, and reciprocal
6-23 licenses;
6-24 (3) revoke, suspend, or deny a license, probate a
6-25 license suspension, or reprimand a license holder for a violation
6-26 of this article, the code of ethics, or the rules of the board;
6-27 (4) spend funds necessary for the proper
7-1 administration of its assigned duties;
7-2 (5) establish reasonable and necessary fees for the
7-3 administration and implementation of this article;
7-4 (6) comply with the law governing open meetings,
7-5 Chapter 271, Acts of the 60th Legislature, Regular Session, 1967,
7-6 (Article 6252-17, Vernon's Texas Civil Statutes), and its
7-7 subsequent amendments and the Administrative Procedure and Texas
7-8 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
7-9 its subsequent amendments;
7-10 (7) provide to its members and employees, as often as
7-11 necessary, information regarding their qualifications for office or
7-12 employment under this article and their responsibilities under
7-13 applicable laws relating to standards of conduct for state officers
7-14 or employees;
7-15 (8) develop and implement policies that provide the
7-16 public with a reasonable opportunity to appear before the board and
7-17 to speak on any issue under the jurisdiction of the board;
7-18 (9) develop and implement policies that clearly define
7-19 the respective responsibilities of the board and the staff of the
7-20 board;
7-21 (10) prepare and maintain a written plan that
7-22 describes how a person who does not speak English or who has a
7-23 physical, mental, or developmental disability can be provided
7-24 reasonable access to the board's programs; and
7-25 (11) recognize, approve, prepare, or administer
7-26 continuing professional education programs for licensed
7-27 perfusionists and provisional licensed perfusionists, require each
8-1 license holder to participate in an approved continuing education
8-2 program in order to renew a license issued under this article, and,
8-3 in recognizing, approving, or preparing continuing professional
8-4 education programs, adopt standards governing such programs at
8-5 least as stringent as those of the American Board of Cardiovascular
8-6 Perfusion or its successor agency.
8-7 (c) The board may not adopt rules restricting competitive
8-8 bidding or advertising by a person regulated by the board except to
8-9 prohibit false, misleading, or deceptive practices. The board may
8-10 not include in its rules to prohibit false, misleading, or
8-11 deceptive practices by a person regulated by the board a rule that:
8-12 (1) restricts the person's use of any medium for
8-13 advertising;
8-14 (2) restricts the person's personal appearance or use
8-15 of the person's personal voice in an advertisement;
8-16 (3) relates to the size or duration of any
8-17 advertisement by the person; or
8-18 (4) restricts the person's advertisement under a trade
8-19 name.
8-20 (d) The board by rule shall establish methods by which
8-21 consumers and service recipients are notified of the name, mailing
8-22 address, and telephone number of the board for directing complaints
8-23 to the board. The board may provide for that notification:
8-24 (1) on each license form, application, or written
8-25 contract for services of a person licensed under this article;
8-26 (2) on a sign prominently displayed in the place of
8-27 business of each person licensed under this article; or
9-1 (3) in a bill for services provided by a person
9-2 licensed under this article.
9-3 Sec. 8. ADMINISTRATIVE FUNCTION; PERSONNEL. (a) The basic
9-4 personnel and necessary facilities required to administer this
9-5 article shall be the personnel and facilities of the department.
9-6 The department personnel shall act as the agents of the board. If
9-7 necessary to the administration or implementation of this article,
9-8 the department by agreement may secure and provide for compensation
9-9 for services that it considers necessary and may employ and
9-10 compensate within available appropriations professional
9-11 consultants, technical assistants, and employees on a full-time or
9-12 part-time basis.
9-13 (b) The commissioner shall designate an employee to serve as
9-14 executive secretary of the board. The executive secretary shall be
9-15 an employee of the department. The executive secretary shall be
9-16 the administrator of the licensing activities for the board. In
9-17 addition to other duties prescribed by this article and by the
9-18 department, the executive secretary shall:
9-19 (1) keep full and accurate minutes of the transactions
9-20 and proceedings of the board;
9-21 (2) be the custodian of the files and records of the
9-22 board;
9-23 (3) prepare and recommend to the board plans and
9-24 procedures necessary to implement the purposes and objectives of
9-25 this article, including rules and proposals on administrative
9-26 procedures consistent with this article;
9-27 (4) exercise general supervision over persons employed
10-1 by the department in the administration of this article;
10-2 (5) be responsible for the investigation of complaints
10-3 and for the presentation of formal complaints;
10-4 (6) attend all meetings of the board as a nonvoting
10-5 participant; and
10-6 (7) handle the correspondence of the board and obtain,
10-7 assemble, or prepare the reports and information that the board may
10-8 direct or authorize.
10-9 Sec. 9. FEES; FUNDS; ANNUAL REPORT; AUDIT. (a) After
10-10 consultation with the commissioner or the department, the board
10-11 shall set the fees imposed by this article in amounts that are
10-12 adequate to collect sufficient revenue to meet the expenses
10-13 necessary to administer this Act without accumulating an
10-14 unnecessary surplus in the licensed perfusionists fund created by
10-15 this section.
10-16 (b) The amount of the fees that may be imposed in connection
10-17 with a license under this article may not exceed the following:
10-18 (1) application fee: $75;
10-19 (2) examination fee: $100;
10-20 (3) initial license fee: $75;
10-21 (4) initial provisional license fee: $75;
10-22 (5) license renewal fee: $75;
10-23 (6) delinquency fee: $50; and
10-24 (7) duplicate license fee: $10.
10-25 (c) The department shall receive and account for funds
10-26 derived under this article. The funds shall be deposited in the
10-27 state treasury to the credit of a special fund to be known as the
11-1 licensed perfusionists fund to be used only for the administration
11-2 of this article.
11-3 (d) Not later than January 1 each year, the department shall
11-4 make a written report to the governor, lieutenant governor, and
11-5 speaker of the house of representatives accounting for all funds
11-6 received and disbursed by the board or the department for the
11-7 administration of this article during the preceding year.
11-8 (e) The financial transactions of the board or the
11-9 department in relation to the administration of this article are
11-10 subject to audit by the state auditor in accordance with Chapter
11-11 321, Government Code, and its subsequent amendments.
11-12 Sec. 10. APPLICANT QUALIFICATIONS; APPLICATION REVIEW. (a)
11-13 An applicant for a perfusionist license must submit a sworn
11-14 application accompanied by an application fee.
11-15 (b) The board shall prescribe the form of the application
11-16 and by rule may establish dates by which applications and fees must
11-17 be received. These rules must not be inconsistent with present
11-18 rules of the department related to application dates of other
11-19 licenses.
11-20 (c) To qualify for the licensing examination, the applicant
11-21 must have successfully completed a perfusion training program
11-22 approved by the board.
11-23 (d) In approving perfusion training programs necessary for
11-24 qualification for licensing examination, the board shall approve
11-25 only a program that has educational standards that are at least as
11-26 stringent as those established by the Joint Review Committee for
11-27 Perfusion Education and approved by the Committee on Allied Health
12-1 Education and Accreditation or their successors.
12-2 (e) Not later than the 45th day after the date of receipt of
12-3 a properly submitted and timely application and not later than the
12-4 30th day before the next examination date, the department shall
12-5 notify an applicant in writing that the applicant's application and
12-6 any other relevant evidence pertaining to applicant qualifications
12-7 established by the board by rule have been received and
12-8 investigated. The notice shall state whether the application and
12-9 other evidence submitted have qualified the applicant for
12-10 examination. If the applicant has not qualified for examination,
12-11 the notice shall state the reasons for the lack of qualification.
12-12 Sec. 11. EXAMINATION. (a) To qualify for a license, an
12-13 applicant must pass a competency examination. Examinations shall
12-14 be prepared or approved by the board and administered to qualified
12-15 applicants at least twice each calendar year.
12-16 (b) An examination prescribed by the board may be or may
12-17 include an examination given by the American Board of
12-18 Cardiovascular Perfusion or by a national or state testing service
12-19 in lieu of an examination prepared by the board. An examination
12-20 prescribed by the board shall be validated by independent testing
12-21 professionals or competent professionals in the field to assure the
12-22 accuracy, integrity, and validity of the examination.
12-23 (c) Not later than the 30th day after the date on which a
12-24 licensing examination is administered under this article, the
12-25 department shall notify each examinee of the results of the
12-26 examination. If an examination is graded or reviewed by a national
12-27 or state testing service, the department shall notify examinees of
13-1 the results of the examination within two weeks after the date the
13-2 department receives the results from the testing service. If the
13-3 notice of the examination results will be delayed for more than 90
13-4 days after the examination date, the department shall notify the
13-5 examinee of the reason for the delay before the 90th day.
13-6 (d) If requested in writing by a person who fails the
13-7 licensing examination, the department shall furnish the person with
13-8 an analysis of the person's performance on the examination.
13-9 (e) If an applicant fails the examination three times, the
13-10 applicant must furnish to the board evidence of completed course
13-11 work taken for credit with a passing grade in the areas of weakness
13-12 determined by the board or department before the applicant may
13-13 reapply for examination.
13-14 Sec. 12. LICENSE. (a) A person who meets the licensing
13-15 qualifications under this article is entitled to receive a license
13-16 as a licensed perfusionist.
13-17 (b) The license holder must:
13-18 (1) display the license certificate in an appropriate
13-19 and public manner; and
13-20 (2) keep the department informed of any change of
13-21 address.
13-22 (c) A license certificate issued by the board is the
13-23 property of the board and shall be surrendered on demand.
13-24 Sec. 13. LICENSE EXPIRATION; RENEWAL. (a) A license is
13-25 valid for one year from the date it is issued and may be renewed
13-26 annually.
13-27 (b) The board of health by rule may adopt a system under
14-1 which licenses expire on various dates during the year.
14-2 (c) A person may renew an unexpired license by submitting
14-3 proof satisfactory to the board of compliance with the continuing
14-4 professional education requirements prescribed by the board and
14-5 paying the required renewal fee to the department before the
14-6 expiration date of the license.
14-7 (d) If a person's license has been expired for not more than
14-8 90 days, the person may renew the license by submitting proof
14-9 satisfactory to the board of compliance with the continuing
14-10 professional education requirements prescribed by the board and
14-11 paying to the department the required renewal fee and a penalty fee
14-12 that is one-half of the renewal fee.
14-13 (e) If a person's license has been expired for more than 90
14-14 days but less than two years, the person may renew the license by
14-15 submitting proof satisfactory to the board of compliance with the
14-16 continuing professional education requirements prescribed by the
14-17 board and paying to the department all unpaid renewal fees and a
14-18 penalty fee that is equal to the renewal fee.
14-19 (f) If a person's license has been expired two years or
14-20 more, the person may not renew the license. The person may obtain
14-21 a new license by submitting to reexamination and complying with the
14-22 current requirements and procedures for obtaining a license.
14-23 (g) The department shall notify each license holder in
14-24 writing of the license expiration date before the 30th day before
14-25 that date and shall obtain from the license holder a signed receipt
14-26 confirming receipt of notification.
14-27 Sec. 14. PROVISIONAL LICENSE. (a) A license as a
15-1 provisional licensed perfusionist may be issued by the board to a
15-2 person who has successfully completed an approved perfusion
15-3 training program on the filing of an application, payment of an
15-4 application fee, and the submission of evidence satisfactory to the
15-5 board of the successful completion of the training requirement set
15-6 forth in Section 10 of this article.
15-7 (b) A provisional licensed perfusionist shall be under the
15-8 supervision and direction of a licensed perfusionist at all times
15-9 during which the provisional licensed perfusionist performs
15-10 perfusion. Rules adopted by the board governing such supervision
15-11 and direction may not require the immediate physical presence of
15-12 the supervising licensed perfusionist.
15-13 (c) A person qualified for a provisional license under this
15-14 article is entitled to receive a license as a provisional licensed
15-15 perfusionist. A provisional licensed perfusionist shall comply
15-16 with Subsections (b) and (c) of Section 12 of this article.
15-17 (d) A provisional license is valid for one year from the
15-18 date it is issued and may be renewed annually not more than four
15-19 times by the same procedures established for renewal under Section
15-20 13 of this article if the application for renewal is signed by a
15-21 supervising licensed perfusionist.
15-22 Sec. 15. RECIPROCITY. On receipt of an application and
15-23 application fee, the board shall waive the examination requirement
15-24 for an applicant who, at the time of application, holds a valid
15-25 license or certificate as a licensed or certified perfusionist
15-26 issued by another state with which this state has a reciprocity
15-27 agreement.
16-1 Sec. 16. PROHIBITED ACTS; PENALTY. (a) A person may not
16-2 engage or offer to engage in perfusion, as defined in this article,
16-3 for compensation or use the title or represent or imply that the
16-4 person has the title of "licensed perfusionist" or "provisional
16-5 licensed perfusionist" or use the letters "LP" or "PLP" and may not
16-6 use any facsimile of those titles in any manner to indicate or
16-7 imply that the person is a licensed perfusionist or provisional
16-8 licensed perfusionist unless the person holds an appropriate
16-9 license issued under this article.
16-10 (b) A person commits an offense if the person knowingly or
16-11 intentionally violates Subsection (a) of this section. An offense
16-12 under this section is a Class B misdemeanor.
16-13 Sec. 17. EXEMPTIONS. This article does not apply to:
16-14 (1) a person licensed by other health professional
16-15 licensing boards if:
16-16 (A) the person does not represent to the public,
16-17 directly or indirectly, that the person is licensed under this
16-18 article, and does not use any name, title, or designation
16-19 indicating that the person is licensed under this article; and
16-20 (B) the person confines the person's acts or
16-21 practice strictly to the scope of practice authorized by other
16-22 health professional licensing law;
16-23 (2) a student enrolled in an approved perfusion
16-24 training program if perfusion services performed by the student:
16-25 (A) are an integral part of the student's course
16-26 of study; and
16-27 (B) are performed under the direct supervision
17-1 of a licensed perfusionist assigned to supervise the student and
17-2 who is on duty and immediately available in the assigned patient
17-3 care area;
17-4 (3) the practice of any legally qualified perfusionist
17-5 employed by the United States government while in the discharge of
17-6 official duties; or
17-7 (4) a person who is not a resident of this state if:
17-8 (A) the person is authorized to perform the
17-9 activities and services of perfusion under the laws of the state of
17-10 the person's residence; and
17-11 (B) such activities and services are performed
17-12 for not more than 30 days in any one year.
17-13 Sec. 18. COMPLAINT FILE AND STATUS. (a) The department
17-14 shall keep an information file about each complaint filed with the
17-15 board related to a license holder.
17-16 (b) If a written complaint is filed with the board relating
17-17 to a license holder, the department, at least quarterly, shall
17-18 notify the parties to the complaint of the status of the complaint
17-19 until final disposition of the complaint.
17-20 Sec. 19. REVOCATION AND SUSPENSION; EX PARTE COMMUNICATION.
17-21 (a) The board shall revoke or suspend a license, place on
17-22 probation a person whose license has been suspended or reprimand a
17-23 license holder on proof of:
17-24 (1) any violation of this article; or
17-25 (2) any violation of a rule or code of ethics adopted
17-26 by the board.
17-27 (b) If a license suspension is probated, the board may
18-1 require the license holder:
18-2 (1) to report regularly to the board on matters that
18-3 are the basis of the probation;
18-4 (2) to limit practice to the areas prescribed by the
18-5 board; or
18-6 (3) to continue the person's professional education
18-7 until the license holder attains a degree of skill satisfactory to
18-8 the board in those areas that are the basis of the probation.
18-9 (c) If the board proposes to suspend or revoke a person's
18-10 license, the person is entitled to a hearing before a hearings
18-11 officer appointed by the State Office of Administrative Hearings.
18-12 The board shall prescribe procedures by which all decisions to
18-13 suspend or revoke a license are appealable to the board.
18-14 (d) Proceedings for the suspension or revocation of a
18-15 license are governed by the Administrative Procedure and Texas
18-16 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
18-17 its subsequent amendments.
18-18 (e) A member of the board or hearings examiner may not
18-19 communicate with a party to a proceeding pending before the board
18-20 or the hearings examiner or with a party's representative, unless
18-21 notice and an opportunity to participate are given to each party to
18-22 the proceeding if the member or hearings examiner proposes to make
18-23 a decision, a finding of fact, or a conclusion of law in the
18-24 proceeding.
18-25 Sec. 20. DUTIES OF THE BOARD OF HEALTH. For the purposes of
18-26 this article, the board of health:
18-27 (1) shall request and receive necessary assistance
19-1 from state educational institutions or other state agencies;
19-2 (2) shall prepare information of consumer interest
19-3 describing the regulatory functions of the board, the procedures by
19-4 which consumer complaints are filed and resolved, and the
19-5 profession of perfusion and shall make the information available to
19-6 the public and appropriate state agencies;
19-7 (3) shall prepare a registry of licensed perfusionists
19-8 and provisional licensed perfusionists and make this information
19-9 available to the general public, license holders, and appropriate
19-10 state agencies; and
19-11 (4) may request the attorney general or the
19-12 appropriate county or district attorney to institute a suit to
19-13 enjoin a violation of this article in addition to any other action,
19-14 proceeding, or remedy authorized by law.
19-15 Sec. 21. SUNSET PROVISION. The Texas State Board of
19-16 Examiners of Perfusionists is subject to Chapter 325, Government
19-17 Code (Texas Sunset Act), and its subsequent amendments. Unless
19-18 continued in existence as provided by that chapter, the board is
19-19 abolished September 1, 2005.
19-20 SECTION 2. (a) Notwithstanding Section 4, Article 4529e,
19-21 Revised Statutes, as added by this Act, not later than December 31,
19-22 1993, the governor shall make the initial appointments to the Texas
19-23 State Board of Examiners of Perfusionists as follows:
19-24 (1) one member engaged in the practice of perfusion,
19-25 the physician member, and one public member, who shall serve until
19-26 February 1, 1995;
19-27 (2) two members engaged in the practice of perfusion
20-1 and one public member, who shall serve until February 1, 1997; and
20-2 (3) two members engaged in the practice of perfusion
20-3 and one public member, who shall serve until February 1, 1999.
20-4 (b) A person actively engaged in the practice of perfusion
20-5 consistent with applicable law on or prior to January 1, 1993,
20-6 shall receive a license as a licensed perfusionist without
20-7 examination if application is made before January 1, 1995, so long
20-8 as the person submits proof satisfactory to the board that the
20-9 person meets either of the following requirements:
20-10 (1) the person, as of the effective date of this Act,
20-11 was operating cardiopulmonary bypass systems during cardiopulmonary
20-12 surgery in a licensed health care facility as the person's primary
20-13 function and had been operating the systems since January 1, 1989;
20-14 or
20-15 (2) the person has had at least five years' experience
20-16 operating cardiopulmonary bypass systems during cardiopulmonary
20-17 surgery in a licensed health care facility since January 1, 1985.
20-18 (c) Notwithstanding Section 4, Article 4529e, Revised
20-19 Statutes, as added by this Act, a perfusionist member of the Texas
20-20 State Board of Examiners of Perfusionists:
20-21 (1) is not required to be licensed if the member was
20-22 appointed to the board before January 1, 1995; and
20-23 (2) is not required to be licensed under Article
20-24 4529e, Revised Statutes, as added by this Act, for three years or
20-25 more if the member was appointed to the board within four years
20-26 following the effective date of this Act.
20-27 SECTION 3. This Act takes effect January 1, 1994.
21-1 SECTION 4. The importance of this legislation and the
21-2 crowded condition of the calendars in both houses create an
21-3 emergency and an imperative public necessity that the
21-4 constitutional rule requiring bills to be read on three several
21-5 days in each house be suspended, and this rule is hereby suspended.