1-1 By: Berlanga (Senate Sponsor - Madla) H.B. No. 1835
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on Health
1-4 and Human Services; May 20, 1993, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; May 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Zaffirini x
1-9 Ellis x
1-10 Madla x
1-11 Moncrief x
1-12 Nelson x
1-13 Patterson x
1-14 Shelley x
1-15 Truan x
1-16 Wentworth x
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the regulation of the practice of perfusion; providing
1-20 a penalty.
1-21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-22 SECTION 1. Title 71, Revised Statutes, is amended by adding
1-23 Chapter 7A and Article 4529e to read as follows:
1-24 CHAPTER 7A. PERFUSIONISTS
1-25 Art. 4529e. LICENSED PERFUSIONISTS
1-26 Sec. 1. SHORT TITLE. This article may be cited as the
1-27 Licensed Perfusionists Act.
1-28 Sec. 2. LEGISLATIVE FINDINGS; PURPOSE. (a) The legislature
1-29 finds that:
1-30 (1) the citizens of this state are entitled to the
1-31 protection of their health, safety, and welfare from the
1-32 unqualified or unprofessional practice of perfusion;
1-33 (2) the practice of perfusion by unauthorized,
1-34 unqualified, unprofessional, or incompetent persons is a threat to
1-35 the public; and
1-36 (3) the practice of perfusion is a dynamic and
1-37 changing health care field which is continually evolving to include
1-38 more sophisticated and demanding patient care activities.
1-39 (b) The purpose of this article is to protect the public
1-40 from the dangers described by Subsection (a) of this section by:
1-41 (1) establishing minimum standards of education,
1-42 training, and competency for persons engaged in the practice of
1-43 perfusion and of the performance of perfusion services in a manner
1-44 that provides for the continued evolution of the practice of
1-45 perfusion; and
1-46 (2) ensuring that the privilege of practicing in the
1-47 field of perfusion is entrusted only to those licensed and
1-48 regulated under this article.
1-49 Sec. 3. DEFINITIONS. In this article:
1-50 (1) "Board" means the Texas State Board of Examiners
1-51 of Perfusionists.
1-52 (2) "Board of health" means the Texas Board of Health.
1-53 (3) "Department" means the Texas Department of Health.
1-54 (4) "Commissioner" means the commissioner of health.
1-55 (5) "Extracorporeal circulation" means the diversion
1-56 of a patient's blood through a heart-lung machine or a similar
1-57 device that assumes the functions of the patient's heart, lungs, or
1-58 both.
1-59 (6) "Licensed perfusionist" means a person licensed
1-60 under this article.
1-61 (7) "Perfusion" means the functions necessary for the
1-62 support, treatment, measurement, or supplementation of the
1-63 cardiovascular, circulatory, or respiratory system, or a
1-64 combination of those activities, and to ensure the safe management
1-65 of physiologic functions by monitoring the parameters of the
1-66 systems under an order and under the supervision of a licensed
1-67 physician, including:
1-68 (A) the use of extracorporeal circulation,
2-1 cardiopulmonary support techniques, and other therapeutic and
2-2 diagnostic technologies;
2-3 (B) counterpulsation, ventricular assistance, or
2-4 autotransfusion (including blood conservation techniques),
2-5 administration of cardioplegia, and isolated limb perfusion;
2-6 (C) the use of techniques involving blood
2-7 management, advanced life support, and other related functions; and
2-8 (D) in the performance of the acts described in
2-9 this subsection:
2-10 (i) the administration of:
2-11 (aa) pharmacological and therapeutic
2-12 agents; or
2-13 (bb) blood products or anesthetic
2-14 agents through the extracorporeal circuit or through an intravenous
2-15 line as ordered by a physician;
2-16 (ii) the performance and use of:
2-17 (aa) anticoagulation analysis;
2-18 (bb) physiologic analysis;
2-19 (cc) blood gas and chemistry
2-20 analysis;
2-21 (dd) hematocrit analysis;
2-22 (ee) hypothermia;
2-23 (ff) hyperthermia;
2-24 (gg) hemoconcentration; and
2-25 (hh) hemodilution; and
2-26 (iii) the observation of signs and
2-27 symptoms related to perfusion services, the determination of
2-28 whether the signs and symptoms exhibit abnormal characteristics,
2-29 and the implementation of appropriate reporting, perfusion
2-30 protocols, or changes in or the initiation of emergency procedures.
2-31 (8) "Perfusion protocols" means perfusion-related
2-32 policies and protocols developed or approved by a licensed health
2-33 facility or a physician through collaboration with administrators,
2-34 licensed perfusionists, and other health professionals.
2-35 (9) "Provisional licensed perfusionist" means a person
2-36 provisionally licensed under this article.
2-37 Sec. 4. BOARD; MEMBERSHIP. (a) The Texas State Board of
2-38 Examiners of Perfusionists is created.
2-39 (b) The board is composed of nine members. Three members
2-40 must be members of the general public. Five members must be
2-41 perfusionists licensed under this article. One member must be a
2-42 physician licensed by the Texas State Board of Medical Examiners
2-43 who is also board certified in cardiovascular surgery.
2-44 (c) The governor with the advice and consent of the senate
2-45 shall appoint the board members, who shall serve staggered terms of
2-46 six years with three members' terms expiring February 1 of each
2-47 odd-numbered year.
2-48 (d) A license holder eligible for appointment as a licensed
2-49 perfusionist board member must have been licensed under this
2-50 article for at least three years before appointment to the board.
2-51 (e) An officer, employee, or paid consultant of a Texas
2-52 trade association in the field of health care may not be a member
2-53 or employee of the board who is exempt from the state's position
2-54 classification plan or is compensated at or above the amount
2-55 prescribed by the General Appropriations Act for step 1, salary
2-56 group 17, of the position classification salary schedule.
2-57 (f) A person who is the spouse of an officer, manager, or
2-58 paid consultant of a Texas trade association in the field of health
2-59 care may not be a board member and may not be an employee of the
2-60 board who is exempt from the state's position classification plan
2-61 or is compensated at or above the amount prescribed by the General
2-62 Appropriations Act for step 1, salary group 17, of the position
2-63 classification salary schedule. For the purposes of this
2-64 subsection and Subsection (e) of this section, a Texas trade
2-65 association is a nonprofit, cooperative, and voluntarily joined
2-66 association of business or professional competitors in this state
2-67 designed to assist its members and its industry or profession in
2-68 dealing with mutual business or professional problems and in
2-69 promoting their common interests.
2-70 (g) It is the intent of the legislature that the membership
3-1 of the board reflect the historical and cultural diversity of the
3-2 inhabitants of this state. Appointments to the board should be
3-3 made without discrimination based on race, creed, sex, religion,
3-4 national origin, or geographical distribution of the appointees.
3-5 (h) A person may not serve as a member of the board or act
3-6 as general counsel to the board if the person is required to
3-7 register as a lobbyist under Chapter 305, Government Code, and its
3-8 subsequent amendments, because of the person's activities for
3-9 compensation on behalf of a profession related to the operation of
3-10 the board.
3-11 Sec. 5. GROUNDS FOR REMOVAL. (a) It is a ground for
3-12 removal from the board if a member:
3-13 (1) does not have at the time of appointment the
3-14 qualifications required for appointment to the board;
3-15 (2) does not maintain during service on the board the
3-16 qualifications required for appointment to the board;
3-17 (3) violates a prohibition established by this
3-18 article;
3-19 (4) cannot discharge the member's term for a
3-20 substantial part of the term for which the member is appointed
3-21 because of illness or disability; or
3-22 (5) is absent from more than half of the regularly
3-23 scheduled board meetings that the member is eligible to attend
3-24 during a calendar year unless the absence is excused by majority
3-25 vote of the board.
3-26 (b) The validity of an action of the board is not affected
3-27 by the fact that it is taken when a ground for removal of a member
3-28 of the board exists.
3-29 (c) If the executive director has knowledge that a potential
3-30 ground for removal exists, the executive director shall notify the
3-31 presiding officer of the board of the ground. The presiding
3-32 officer shall then notify the governor that a potential ground for
3-33 removal exists.
3-34 Sec. 6. OFFICERS; MEETINGS; QUORUM; EXPENSES. (a) Not
3-35 later than the 30th day after the day its new members are appointed
3-36 by the governor, the board shall meet to elect a chairman and
3-37 vice-chairman who shall hold office according to rules adopted by
3-38 the board.
3-39 (b) The board shall hold at least two regular meetings each
3-40 year as provided by rules adopted by the board. The rules may not
3-41 be inconsistent with present rules of the department relating to
3-42 meetings of boards.
3-43 (c) A majority of the members constitutes a quorum.
3-44 (d) A member of the board is entitled to a per diem as set
3-45 by the General Appropriations Act for each day that the member
3-46 engages in the business of the board. A member is entitled to
3-47 compensation for travel expenses as provided by the General
3-48 Appropriations Act.
3-49 Sec. 7. POWERS AND DUTIES OF BOARD. (a) The board may
3-50 adopt rules not inconsistent with this article as are necessary for
3-51 the governing of its own proceedings, the performance of its
3-52 duties, the regulation of the practice of perfusion in this state,
3-53 and the enforcement of this article. In adopting rules, the board
3-54 shall consider the rules and procedures of the board of health and
3-55 the department and shall adopt procedural rules not inconsistent
3-56 with existing rules and procedures of the board of health or the
3-57 department.
3-58 (b) The board shall:
3-59 (1) adopt and publish a code of ethics and adopt an
3-60 official seal;
3-61 (2) establish the qualifications and fitness of
3-62 applicants for licenses, renewal of licenses, and reciprocal
3-63 licenses;
3-64 (3) revoke, suspend, or deny a license, probate a
3-65 license suspension, or reprimand a license holder for a violation
3-66 of this article, the code of ethics, or the rules of the board;
3-67 (4) spend funds necessary for the proper
3-68 administration of its assigned duties;
3-69 (5) establish reasonable and necessary fees for the
3-70 administration and implementation of this article;
4-1 (6) comply with the open meetings law, Chapter 271,
4-2 Acts of the 60th Legislature, Regular Session, 1967 (Article
4-3 6252-17, Vernon's Texas Civil Statutes), and its subsequent
4-4 amendments, and the Administrative Procedure and Texas Register Act
4-5 (Article 6252-13a, Vernon's Texas Civil Statutes) and its
4-6 subsequent amendments;
4-7 (7) provide to its members and employees, as often as
4-8 necessary, information regarding their qualifications for office or
4-9 employment under this article and their responsibilities under
4-10 applicable laws relating to standards of conduct for state officers
4-11 or employees;
4-12 (8) develop and implement policies that provide the
4-13 public with a reasonable opportunity to appear before the board and
4-14 to speak on any issue under the jurisdiction of the board;
4-15 (9) develop and implement policies that clearly define
4-16 the respective responsibilities of the board and the staff of the
4-17 board;
4-18 (10) prepare and maintain a written plan that
4-19 describes how a person who does not speak English or who has a
4-20 physical, mental, or developmental disability can be provided
4-21 reasonable access to the board's programs and comply with federal
4-22 and state laws for program and facility accessibility;
4-23 (11) comply with the board member training
4-24 requirements established by any other state agency that is given
4-25 authority to establish the requirements for the board; and
4-26 (12) establish continuing professional education
4-27 programs for licensed perfusionists and provisional licensed
4-28 perfusionists under this chapter, the standards of which shall be
4-29 at least as stringent as those of the American Board of
4-30 Cardiovascular Perfusion or its successor agency, and shall:
4-31 (A) establish a minimum number of hours of
4-32 continuing education required to renew a license under this
4-33 article;
4-34 (B) develop a process to evaluate and approve
4-35 continuing education courses;
4-36 (C) identify the key factors for the competent
4-37 performance by a license holder of the license holder's
4-38 professional duties; and
4-39 (D) adopt a procedure to assess a license
4-40 holder's participation in continuing education programs.
4-41 (c) The board may not adopt rules restricting competitive
4-42 bidding or advertising by a person regulated by the board except to
4-43 prohibit false, misleading, or deceptive practices. The board may
4-44 not include in its rules to prohibit false, misleading, or
4-45 deceptive practices by a person regulated by the board a rule that:
4-46 (1) restricts the person's use of any medium for
4-47 advertising;
4-48 (2) restricts the person's personal appearance or use
4-49 of the person's personal voice in an advertisement;
4-50 (3) relates to the size or duration of any
4-51 advertisement by the person; or
4-52 (4) restricts the person's advertisement under a trade
4-53 name.
4-54 (d) The board by rule shall establish methods by which
4-55 consumers and service recipients are notified of the name, mailing
4-56 address, and telephone number of the board for directing complaints
4-57 to the board. The board may provide for that notification:
4-58 (1) on each license form, application, or written
4-59 contract for services of a person licensed under this article;
4-60 (2) on a sign prominently displayed in the place of
4-61 business of each person licensed under this article; or
4-62 (3) in a bill for services provided by a person
4-63 licensed under this article.
4-64 (e) The board shall list along with its regular telephone
4-65 number the toll-free telephone number that may be called to present
4-66 a complaint about a health professional if the toll-free number is
4-67 established under other state law.
4-68 Sec. 8. ADMINISTRATIVE FUNCTION; PERSONNEL. (a) The basic
4-69 personnel and necessary facilities required to administer this
4-70 article shall be the personnel and facilities of the department.
5-1 The department personnel shall act as the agents of the board. If
5-2 necessary to the administration or implementation of this article,
5-3 the department by agreement may secure and provide for compensation
5-4 for services that it considers necessary and may employ and
5-5 compensate within available appropriations professional
5-6 consultants, technical assistants, and employees on a full-time or
5-7 part-time basis.
5-8 (b) The commissioner shall designate an employee to serve as
5-9 executive secretary of the board. The executive secretary shall be
5-10 an employee of the department. The executive secretary shall be
5-11 the administrator of the licensing activities for the board.
5-12 (c) In addition to other duties prescribed by this article
5-13 and by the department, the executive secretary shall:
5-14 (1) keep full and accurate minutes of the transactions
5-15 and proceedings of the board;
5-16 (2) be the custodian of the files and records of the
5-17 board;
5-18 (3) prepare and recommend to the board plans and
5-19 procedures necessary to implement the purposes and objectives of
5-20 this article, including rules and proposals on administrative
5-21 procedures consistent with this article;
5-22 (4) exercise general supervision over persons employed
5-23 by the department in the administration of this article;
5-24 (5) be responsible for the investigation of complaints
5-25 and for the presentation of formal complaints;
5-26 (6) attend all meetings of the board as a nonvoting
5-27 participant;
5-28 (7) handle the correspondence of the board and obtain,
5-29 assemble, or prepare the reports and information that the board may
5-30 direct or authorize;
5-31 (8) develop an intra-agency career ladder program
5-32 which shall require intra-agency posting of all nonentry level
5-33 positions concurrently with any public posting;
5-34 (9) develop a system of annual performance evaluations
5-35 based on measurable job tasks, which shall be the basis for all
5-36 merit pay for board employees; and
5-37 (10) prepare and maintain a written policy statement
5-38 to ensure implementation of a program of equal employment
5-39 opportunity under which all personnel transactions are made without
5-40 regard to race, color, disability, sex, religion, age, or natural
5-41 origin, which policy statement must cover an annual period, be
5-42 updated annually, be reviewed by the Commission on Human Rights for
5-43 compliance with Paragraph (A) of this subdivision, and be filed
5-44 with the governor's office and that must include:
5-45 (A) personnel policies, including policies
5-46 relating to recruitment, evaluation, selection, application,
5-47 training, and promotion of personnel that are in compliance with
5-48 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
5-49 Civil Statutes) and its subsequent amendments;
5-50 (B) a comprehensive analysis of the board
5-51 workforce that meets federal and state guidelines;
5-52 (C) procedures by which a determination can be
5-53 made of significant underuse in the board workforce of all persons
5-54 for whom federal or state guidelines encourage a more equitable
5-55 balance; and
5-56 (D) reasonable methods to appropriately address
5-57 those areas of underuse.
5-58 Sec. 9. FEES; FUNDS; ANNUAL REPORT; AUDIT. (a) After
5-59 consultation with the commissioner or the department, the board
5-60 shall set the fees imposed by this article in amounts so that the
5-61 fees in the aggregate produce sufficient revenue to cover the cost
5-62 of administering this article without accumulating an unnecessary
5-63 surplus in the licensed perfusionists fund created by this section.
5-64 (b) The amount of the fees that may be imposed in connection
5-65 with a license under this article may not exceed the following:
5-66 (1) application fee: $75;
5-67 (2) examination fee: $100;
5-68 (3) initial license fee: $75;
5-69 (4) initial provisional license fee: $75;
5-70 (5) license renewal fee: $75;
6-1 (6) delinquency fee: $50; and
6-2 (7) duplicate license fee: $10.
6-3 (c) The fees set by the board may be adjusted so that the
6-4 total fees collected are sufficient to meet the expenses of
6-5 administering this article.
6-6 (d) The department shall receive and account for funds
6-7 derived under this article. The funds shall be deposited in the
6-8 state treasury to the credit of a special fund to be known as the
6-9 licensed perfusionists fund to be used only for the administration
6-10 of this article.
6-11 (e) The board shall make a complete and detailed written
6-12 report to the governor, lieutenant governor, and speaker of the
6-13 house of representatives accounting for all funds received and
6-14 disbursed by the board or the department for the administration of
6-15 this article during the preceding year. The annual report must be
6-16 in the form and reported in the time provided by the General
6-17 Appropriations Act.
6-18 (f) The financial transactions of the board or the
6-19 department in relation to the administration of this article are
6-20 subject to audit by the state auditor in accordance with Chapter
6-21 321, Government Code, and its subsequent amendments.
6-22 Sec. 10. APPLICANT QUALIFICATIONS; APPLICATION REVIEW.
6-23 (a) An applicant for a perfusionist license must submit a sworn
6-24 application accompanied by an application fee.
6-25 (b) The board shall prescribe the form of the application
6-26 and by rule may establish dates by which applications and fees must
6-27 be received. These rules must not be inconsistent with present
6-28 rules of the department related to application dates of other
6-29 licenses.
6-30 (c) To qualify for the licensing examination, the applicant
6-31 must have successfully completed a perfusion education program
6-32 approved by the board.
6-33 (d) In approving perfusion education programs necessary for
6-34 qualification for licensing examination, the board shall approve
6-35 only a program that has educational standards that are at least as
6-36 stringent as those established by the Accreditation Committee for
6-37 Perfusion Education and approved by the Committee on Allied Health
6-38 Education and Accreditation of the American Medical Association or
6-39 their successors.
6-40 (e) Not later than the 45th day after the date of receipt of
6-41 a properly submitted and timely application and not later than the
6-42 30th day before the next examination date, the department shall
6-43 notify an applicant in writing that the applicant's application and
6-44 any other relevant evidence pertaining to applicant qualifications
6-45 established by the board by rule have been received and
6-46 investigated. The notice shall state whether the application and
6-47 other evidence submitted have qualified the applicant for
6-48 examination. If the applicant has not qualified for examination,
6-49 the notice shall state the reasons for the lack of qualification.
6-50 Sec. 11. EXAMINATION. (a) To qualify for a license, an
6-51 applicant must pass a competency examination. Examinations shall
6-52 be prepared or approved by the board and administered to qualified
6-53 applicants at least once each calendar year.
6-54 (b) An examination prescribed by the board may be or may
6-55 include the written and oral examinations given by the American
6-56 Board of Cardiovascular Perfusion or by a national or state testing
6-57 service in lieu of an examination prepared by the board. The board
6-58 shall have the written portion of the examination, if any,
6-59 validated by an independent testing professional.
6-60 (c) Not later than the 30th day after the date on which a
6-61 licensing examination is administered under this article, the
6-62 department shall notify each examinee of the results of the
6-63 examination. If an examination is graded or reviewed by a national
6-64 or state testing service, the department shall notify examinees of
6-65 the results of the examination within two weeks after the date the
6-66 department receives the results from the testing service. If the
6-67 notice of the examination results will be delayed for more than 90
6-68 days after the examination date, the department shall notify the
6-69 examinee of the reason for the delay before the 90th day.
6-70 (d) If requested in writing by a person who fails the
7-1 licensing examination, the department shall furnish the person with
7-2 an analysis of the person's performance on the examination.
7-3 (e) The board by rule shall establish:
7-4 (1) a limit on the number of times an applicant who
7-5 fails an examination may retake the examination;
7-6 (2) requirements for retaking an examination; and
7-7 (3) alternative methods of examining competency.
7-8 Sec. 12. LICENSE. (a) A person who meets the licensing
7-9 qualifications under this article is entitled to receive a license
7-10 as a licensed perfusionist.
7-11 (b) The license holder must:
7-12 (1) display the license certificate in an appropriate
7-13 and public manner; or
7-14 (2) maintain on file at all times during which the
7-15 license holder provides services in a health care facility a true
7-16 and correct copy of the license certificate in the appropriate
7-17 records of the facility; and
7-18 (3) keep the department informed of any change of
7-19 address.
7-20 (c) A license certificate issued by the board is the
7-21 property of the board and shall be surrendered on demand.
7-22 Sec. 13. LICENSE EXPIRATION; RENEWAL. (a) A license is
7-23 valid for one year from the date it is issued and may be renewed
7-24 annually.
7-25 (b) The board of health by rule may adopt a system under
7-26 which licenses expire on various dates during the year.
7-27 (c) A person may renew an unexpired license by submitting
7-28 proof satisfactory to the board of compliance with the continuing
7-29 professional education requirements prescribed by the board and
7-30 paying the required renewal fee to the department before the
7-31 expiration date of the license.
7-32 (d) If a person's license has been expired for not more than
7-33 90 days, the person may renew the license by submitting proof
7-34 satisfactory to the board of compliance with the continuing
7-35 professional education requirements prescribed by the board and
7-36 paying to the department the required renewal fee and a penalty fee
7-37 that is one-half of the renewal fee.
7-38 (e) If a person's license has been expired for more than 90
7-39 days but less than two years, the person may renew the license by
7-40 submitting proof satisfactory to the board of compliance with the
7-41 continuing professional education requirements prescribed by the
7-42 board and paying to the department all unpaid renewal fees and a
7-43 penalty fee that is equal to the renewal fee.
7-44 (f) If a person's license has been expired two years or
7-45 more, the person may not renew the license. The person may obtain
7-46 a new license by submitting to reexamination and complying with the
7-47 current requirements and procedures for obtaining a license.
7-48 (g) The board may renew without reexamination an expired
7-49 license of a person who was licensed in this state, moved to
7-50 another state, and is currently appropriately licensed or certified
7-51 and has been in practice in the other state for the two years
7-52 preceding application. The person must pay to the board a fee that
7-53 is equal to the examination fee for the license.
7-54 (h) The department shall notify each license holder in
7-55 writing of the license expiration date before the 30th day before
7-56 that date by notice to the license holder at the license holder's
7-57 last known address according to the records of the board.
7-58 Sec. 14. PROVISIONAL LICENSE. (a) A license as a
7-59 provisional licensed perfusionist may be issued by the board to a
7-60 person who has successfully completed an approved perfusion
7-61 education program on the filing of an application, payment of an
7-62 application fee, and the submission of evidence satisfactory to the
7-63 board of the successful completion of the education requirement set
7-64 forth in Section 10 of this article.
7-65 (b) A provisional licensed perfusionist shall be under the
7-66 supervision and direction of a licensed perfusionist at all times
7-67 during which the provisional licensed perfusionist performs
7-68 perfusion. Rules adopted by the board governing such supervision
7-69 and direction may not require the immediate physical presence of
7-70 the supervising licensed perfusionist.
8-1 (c) A person qualified for a provisional license under this
8-2 article is entitled to receive a license as a provisional licensed
8-3 perfusionist. A provisional licensed perfusionist shall comply
8-4 with Sections 12(b) and (c) of this article.
8-5 (d) A provisional license is valid for one year from the
8-6 date it is issued and may be renewed annually not more than five
8-7 times by the same procedures established for renewal under Section
8-8 13 of this article if the application for renewal is signed by a
8-9 supervising licensed perfusionist.
8-10 Sec. 15. ENDORSEMENT. On receipt of an application and
8-11 application fee, the board shall waive the examination requirement
8-12 for an applicant who at the time of application:
8-13 (1) is appropriately licensed or certified by another
8-14 state, territory, or possession of the United States if the
8-15 requirements of that state, territory, or possession for the
8-16 license or certificate are the substantial equivalent of the
8-17 requirements of this article as determined by the board; or
8-18 (2) holds a certificate as a certified clinical
8-19 perfusionist issued by the American Board of Cardiovascular
8-20 Perfusion prior to January 1, 1994, and who may practice perfusion
8-21 in another state, territory, or possession of the United States
8-22 which does not credential perfusionists.
8-23 Sec. 16. PROHIBITED ACTS; PENALTY. (a) A person may not
8-24 engage or offer to engage in perfusion, as defined in this article,
8-25 for compensation or use the title or represent or imply that the
8-26 person has the title of "licensed perfusionist" or "provisional
8-27 licensed perfusionist" or use the letters "LP" or "PLP" and may not
8-28 use any facsimile of those titles in any manner to indicate or
8-29 imply that the person is a licensed perfusionist or provisional
8-30 licensed perfusionist unless the person holds an appropriate
8-31 license issued under this article.
8-32 (b) A person may not use the title or represent or imply
8-33 that the person has the title of "certified clinical perfusionist"
8-34 or use the letters "CCP" and may not use any facsimile of those
8-35 titles in any manner to indicate or imply that the person is a
8-36 certified clinical perfusionist by the American Board of
8-37 Cardiovascular Perfusion unless the person holds a certificate as a
8-38 certified clinical perfusionist issued by the American Board of
8-39 Cardiovascular Perfusion.
8-40 (c) A person commits an offense if the person knowingly or
8-41 intentionally violates Subsection (a) or (b) of this section. An
8-42 offense under this section is a Class B misdemeanor.
8-43 Sec. 17. EXEMPTIONS. This article does not apply to:
8-44 (1) a person licensed by another health professional
8-45 licensing board if:
8-46 (A) the person does not represent to the public,
8-47 directly or indirectly, that the person is licensed under this
8-48 article, and does not use any name, title, or designation
8-49 indicating that the person is licensed under this article; and
8-50 (B) the person confines the person's acts or
8-51 practice to the scope of practice authorized by the other health
8-52 professional licensing laws;
8-53 (2) a student enrolled in an accredited perfusion
8-54 education program if perfusion services performed by the student:
8-55 (A) are an integral part of the student's course
8-56 of study; and
8-57 (B) are performed under the direct supervision
8-58 of a licensed perfusionist assigned to supervise the student and
8-59 who is on duty and immediately available in the assigned patient
8-60 care area;
8-61 (3) a person who has successfully completed an
8-62 approved perfusion education program but who has not been issued a
8-63 license as a provisional licensed perfusionist in accordance with
8-64 the provisions of Section 14 of this article and:
8-65 (A) is at all times in compliance with the
8-66 provisions of Section 14(b) of this article; and
8-67 (B) receives a license as a provisional licensed
8-68 perfusionist within 180 days of the date upon which the person
8-69 successfully completed an approved perfusion education program;
8-70 (4) the practice of any legally qualified perfusionist
9-1 employed by the United States government while in the discharge of
9-2 official duties; or
9-3 (5) a person who is not a resident of this state if:
9-4 (A) the person is authorized to perform the
9-5 activities and services of perfusion under the laws of the state of
9-6 the person's residence; and
9-7 (B) such activities and services are performed
9-8 for not more than 30 days in any one year; or
9-9 (6) a person performing autotransfusion or blood
9-10 conservation techniques under the supervision of a licensed
9-11 physician.
9-12 Sec. 18. COMPLAINT PROCEDURE IN GENERAL. (a) The board
9-13 shall keep an information file about each complaint filed with the
9-14 board. The board's information file shall be kept current and
9-15 contain a record for each complaint of:
9-16 (1) all persons contacted in relation to the
9-17 complaint;
9-18 (2) a summary of findings made at each step of the
9-19 complaint process;
9-20 (3) an explanation of the legal basis and reason for a
9-21 complaint that is dismissed; and
9-22 (4) other relevant information.
9-23 (b) If written complaint is filed with the board that the
9-24 board has authority to resolve, the board, at least as frequently
9-25 as quarterly and until final disposition of the complaint, shall
9-26 notify the parties to the complaint of the status of the complaint
9-27 unless the notice would jeopardize an undercover investigation.
9-28 (c) The board by rule shall adopt a form to standardize
9-29 information concerning complaints made to the board. The board by
9-30 rule shall prescribe information to be provided to a person when
9-31 the person files a complaint with the board.
9-32 (d) The board shall provide reasonable assistance to a
9-33 person who wishes to file a complaint with the board.
9-34 Sec. 19. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
9-35 board shall adopt rules concerning the investigation of a complaint
9-36 filed with the board. The rules adopted under this subsection
9-37 shall:
9-38 (1) distinguish between categories of complaints;
9-39 (2) ensure that complaints are not dismissed without
9-40 appropriate consideration;
9-41 (3) require that the board be advised of a complaint
9-42 that is dismissed and that a letter be sent to the person who filed
9-43 the complaint explaining the action taken on the dismissed
9-44 complaint;
9-45 (4) ensure that the person who filed the complaint has
9-46 an opportunity to explain the allegations made in the complaint;
9-47 and
9-48 (5) prescribe guidelines concerning the categories of
9-49 complaints that require the use of a private investigator and the
9-50 procedures for the board to obtain the services of a private
9-51 investigator.
9-52 (b) The board shall dispose of all complaints in a timely
9-53 manner. The board shall establish a schedule for conducting each
9-54 phase of a complaint that is under the control of the board not
9-55 later than the 30th day after the date the complaint is received by
9-56 the board. The schedule shall be kept in the information file for
9-57 the complaint and all parties shall be notified of the projected
9-58 time requirements for pursuing the complaint. A change in the
9-59 schedule must be noted in the complaint information file and all
9-60 parties to the complaint must be notified not later than the
9-61 seventh day after the date the change is made.
9-62 (c) The executive director of the board shall notify the
9-63 board of a complaint that extends beyond the time prescribed by the
9-64 board for resolving the complaint so that the board may take
9-65 necessary action on the complaint.
9-66 Sec. 20. INFORMAL PROCEEDINGS. (a) The board by rule shall
9-67 adopt procedures governing:
9-68 (1) informal disposition of a contested case under
9-69 Section 13(e), Administrative Procedure and Texas Register Act
9-70 (Article 6252-13a, Vernon's Texas Civil Statutes); and
10-1 (2) informal proceedings held in compliance with
10-2 Section 18(c), Administrative Procedure and Texas Register Act
10-3 (Article 6252-13a, Vernon's Texas Civil Statutes).
10-4 (b) Rules adopted under this section must provide the
10-5 complainant and the license holder an opportunity to be heard and
10-6 must require the presence of a representative of the office of the
10-7 attorney general to advise the board or the board's employees.
10-8 Sec. 21. MONITORING OF LICENSE HOLDER. The board by rule
10-9 shall develop a system for monitoring license holders' compliance
10-10 with the requirements of this article. Rules adopted under this
10-11 section shall include procedures for monitoring a license holder
10-12 who is ordered by the board to perform certain acts to ascertain
10-13 that the license holder performs the required acts and to identify
10-14 and monitor license holders who represent a risk to the public.
10-15 Sec. 22. REVOCATION AND SUSPENSION; EX PARTE COMMUNICATION.
10-16 (a) The board shall revoke or suspend a license, place on
10-17 probation a person whose license has been suspended, or reprimand a
10-18 license holder on proof of:
10-19 (1) any violation of this article; or
10-20 (2) any violation of a rule or code of ethics adopted
10-21 by the board.
10-22 (b) If a license suspension is probated, the board may
10-23 require the license holder:
10-24 (1) to report regularly to the board on matters that
10-25 are the basis of the probation;
10-26 (2) to limit practice to the areas prescribed by the
10-27 board; or
10-28 (3) to continue the person's professional education
10-29 until the license holder attains a degree of skill satisfactory to
10-30 the board in those areas that are the basis of the probation.
10-31 (c) If the board proposes to suspend or revoke a person's
10-32 license, the person is entitled to a hearing before a hearings
10-33 officer appointed by the State Office of Administrative Hearings.
10-34 The board shall prescribe procedures by which all decisions to
10-35 suspend or revoke a license are appealable to the board.
10-36 (d) Proceedings for the suspension or revocation of a
10-37 license are governed by the Administrative Procedure and Texas
10-38 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes) and
10-39 its subsequent amendments.
10-40 (e) The board by rule shall adopt a broad schedule of
10-41 sanctions for violations under this article. The State Office of
10-42 Administrative Hearings shall use the schedule for any sanction
10-43 imposed as the result of a hearing conducted by that office.
10-44 (f) A member of the board or hearings examiner may not
10-45 communicate with a party to a proceeding pending before the board
10-46 or the hearings examiner or with a party's representative unless
10-47 notice and an opportunity to participate are given to each party to
10-48 the proceeding if the member or hearings examiner proposes to make
10-49 a decision, a finding of fact, or a conclusion of law in the
10-50 proceeding.
10-51 Sec. 23. DUTIES OF THE BOARD. For the purposes of this
10-52 article, the board:
10-53 (1) shall request and receive necessary assistance
10-54 from state educational institutions or other state agencies;
10-55 (2) shall prepare information of consumer interest
10-56 describing the regulatory functions of the board, the procedures by
10-57 which consumer complaints are filed and resolved, and the
10-58 profession of perfusion and shall make the information available to
10-59 the public and appropriate state agencies;
10-60 (3) shall prepare a registry of licensed perfusionists
10-61 and provisional licensed perfusionists and make this information
10-62 available to the general public, license holders, and appropriate
10-63 state agencies; and
10-64 (4) may request the attorney general or the
10-65 appropriate county or district attorney to institute a suit to
10-66 enjoin a violation of this article in addition to any other action,
10-67 proceeding, or remedy authorized by law.
10-68 Sec. 24. SUNSET PROVISION. The Texas State Board of
10-69 Examiners of Perfusionists is subject to Chapter 325, Government
10-70 Code (Texas Sunset Act), and its subsequent amendments. Unless
11-1 continued in existence as provided by that chapter, the board is
11-2 abolished September 1, 2005.
11-3 SECTION 2. (a) Notwithstanding Section 4, Article 4529e,
11-4 Revised Statutes, as added by this Act, not later than December 31,
11-5 1993, the governor shall make the initial appointments to the Texas
11-6 State Board of Examiners of Perfusionists as follows:
11-7 (1) one member engaged in the practice of perfusion,
11-8 the physician member, and one public member, who shall serve until
11-9 February 1, 1995;
11-10 (2) two members engaged in the practice of perfusion
11-11 and one public member, who shall serve until February 1, 1997; and
11-12 (3) two members engaged in the practice of perfusion
11-13 and one public member, who shall serve until February 1, 1999.
11-14 (b) A person actively engaged in the practice of perfusion
11-15 consistent with applicable law on or prior to January 1, 1993,
11-16 shall receive a license as a licensed perfusionist without
11-17 examination if application is made before September 1, 1995, so
11-18 long as the person submits proof satisfactory to the board that the
11-19 person meets one of the following requirements:
11-20 (1) the person, as of the effective date of this Act,
11-21 was operating cardiopulmonary bypass systems during cardiopulmonary
11-22 surgery in a health care facility licensed in the United States as
11-23 the person's primary function and had been operating the systems
11-24 since January 1, 1989;
11-25 (2) the person has had at least five years' experience
11-26 operating cardiopulmonary bypass systems during cardiopulmonary
11-27 surgery in a health care facility licensed in the United States
11-28 since January 1, 1986; or
11-29 (3) the person has successfully completed a perfusion
11-30 education program approved by the Committee on Allied Health
11-31 Education and Accreditation of the American Medical Association, or
11-32 their successors, after January 1, 1989, and holds a certificate as
11-33 a certified clinical perfusionist issued by the American Board of
11-34 Cardiovascular Perfusion.
11-35 (c) Notwithstanding Section 4, Article 4529e, Revised
11-36 Statutes, as added by this Act, a perfusionist member of the Texas
11-37 State Board of Examiners of Perfusionists:
11-38 (1) is not required to be licensed if the member was
11-39 appointed to the board before January 1, 1995; and
11-40 (2) is not required to be licensed under Article
11-41 4529e, Revised Statutes, as added by this Act, for three years or
11-42 more if the member was appointed to the board within four years
11-43 following the effective date of this Act.
11-44 SECTION 3. This Act takes effect January 1, 1994.
11-45 SECTION 4. The importance of this legislation and the
11-46 crowded condition of the calendars in both houses create an
11-47 emergency and an imperative public necessity that the
11-48 constitutional rule requiring bills to be read on three several
11-49 days in each house be suspended, and this rule is hereby suspended.
11-50 * * * * *
11-51 Austin,
11-52 Texas
11-53 May 20, 1993
11-54 Hon. Bob Bullock
11-55 President of the Senate
11-56 Sir:
11-57 We, your Committee on Health and Human Services to which was
11-58 referred H.B. No. 1835, have had the same under consideration, and
11-59 I am instructed to report it back to the Senate with the
11-60 recommendation that it do pass and be printed.
11-61 Zaffirini,
11-62 Chair
11-63 * * * * *
11-64 WITNESSES
11-65 FOR AGAINST ON
11-66 ___________________________________________________________________
11-67 Name: Homer Arnold, MD x
11-68 Representing: Self
11-69 City: Austin
11-70 -------------------------------------------------------------------
12-1 Name: Greg Hooser x
12-2 Representing: Tx Asso of Perfusionists
12-3 City: Austin
12-4 -------------------------------------------------------------------
12-5 Name: David Marwitz x
12-6 Representing: Tx Hospital Asso
12-7 City: Austin
12-8 -------------------------------------------------------------------
12-9 Name: Shannon Ballard x
12-10 Representing: Tx Asso of Perfusionists
12-11 City: Austin
12-12 -------------------------------------------------------------------
12-13 Name: Kathy Craft x
12-14 Representing: Tx Dept of Health
12-15 City: Austin
12-16 -------------------------------------------------------------------