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.