BILL ANALYSIS



C.S.H.B. 2909
By: Janek
03-28-95
Committee Report (Substituted)


BACKGROUND

In 1993, the Texas Legislature enacted the Licensed Perfusionists
Act (Article 4529e, Vernon's Texas Civil Statutes). The act
established a mechanism for the licensure and regulation of the
practice of perfusion to assure that all perfusionists who practice
in Texas meet certain minimal standards.

A perfusionist is the allied health professional who operates the
heart-lung machine during open-heart surgery. The perfusionist
keeps the patient alive and functioning while the heart is stopped
during surgery. Approximately 140 perfusionists participated in
more than 21,000 open-heart procedures in Texas in 1992.

Perfusionists are college graduates who are also graduates of a
perfusion education program accredited by the American Medical
Association's Committee on Allied Health Education Accreditation.
As program graduates, they are eligible for a private professional
certification examination administered by the American Board of
Cardiovascular Perfusion. A perfusionist must also be examined by
the Texas State Board of Examiners of Perfusionists (Perfusionists
Board), which was initially appointed in 1994 after passage of the
Licensed Perfusionists Act.

PURPOSE

H.B. 2909, as substituted, corrects problems encountered by the
Perfusionists Board when implementing the Act, by adding
flexibility in the supervision requirement, setting qualifications
for non-Texas perfusionists, relaxing the requirement that a
representative of the Attorney General attends informal complaint
proceedings, and extending the application deadline for a
"grandfathered" license application without examination from
September 1, 1995, to December 31, 1995.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sec. 14(b), Article 4529e, V.T.C.S., to allow
certain physicians to supervise a provisional licensed perfusionist
when a licensed perfusionist is not reasonably available to provide
the required supervision. As amended, the subsection permits a
provisional licensed perfusionist to be supervised by a
cardiovascular surgeon licensed in Texas and certified by the
American Board of Thoracic Surgery, Inc., or certified in
cardiovascular surgery by the American Osteopathic Board of
Surgery. Such supervision is subject to approval by the
Perfusionists Board.

SECTION 2.  Amends Section 17(a), Article 4529e, V.T.C.S., which
outlines who is exempt from provisions of this Act. Subsection
17(a)(5)(A) adds the stipulation that residents of other states who
are authorized to perform perfusion under the laws of their state
of residence are exempt from this Act if they also are found by the
Perfusionists Board to possess educational and training
qualifications substantially similar to those required of persons
qualified to practice in Texas.
SECTION 3.  Amends Section 20, Article 4529e, V.T.C.S., to add that
the Perfusionists Board's counsel or a representative of the
Attorney General's office, instead of just the latter, must be
present to advise the board or its employees during an informal
proceeding involving a complaint.

SECTION 4. Outlines specific conditions under which a person
practicing perfusion before this Act went into effect can be
exempted from the examination requirement for licensing and
provides a "grandfather" clause.

SECTION 5. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1 of the original bill is amended by the substitute to
reflect a name change from American Board of Cardiovascular
Surgeons to American Board of Thoracic Surgery, Inc., and to
include physicians certified in cardiovascular surgery by the
American Osteopathic Board of Surgery among those physicians
eligible to supervise a provisional licensed perfusionist.

SECTION 3(b) of the substitute amends the way in which the Act
proposes relaxing the requirement that a representative of the
Attorney General attends informal complaint proceedings. The
substitute requires that either a representative of the Attorney
General's office or the legal counsel for the Perfusionists Board
be present during informal complaint proceedings. The original bill
proposes requiring the presence of the Attorney General's
representative only if requested by the Perfusionists Board, an
authorized representative of the Board, the complainant, or the
license holder.

SUMMARY OF COMMITTEE ACTION

H.B. 2909 was considered by the committee in a public hearing on
March 28, 1995. The committee considered a complete substitute for
the bill. One amendment was offered to the substitute. The
amendment was adopted without objection. The substitute was adopted
without objection.

The following person testified in favor of the bill:
     Greg Hooser, representing Texas Association of Perfusionists.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
8 Ayes, 0 Nays, 0 PNV, and 1 Absent.