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.