By Janek H.B. No. 2909
Substitute the following for H.B. No. 2909:
By Glaze C.S.H.B. No. 2909
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the practice of perfusion.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 14(b), Article 4529e, Vernon's Texas
1-5 Civil Statutes, is amended to read as follows:
1-6 (b) A provisional licensed perfusionist shall be under the
1-7 supervision and direction of a licensed perfusionist at all times
1-8 during which the provisional licensed perfusionist performs
1-9 perfusion. When the board finds that a licensed perfusionist is
1-10 not reasonably available to provide such supervision and direction,
1-11 and upon application by the provisional licensed perfusionist to
1-12 and approval by the board, the supervision and direction of a
1-13 provisional licensed perfusionist required by this subsection may
1-14 be performed by a physician licensed by the Texas State Board of
1-15 Medical Examiners and certified by the American Board of Thoracic
1-16 Surgery, Inc. or certified in cardiovascular surgery by the
1-17 American Osteopathic Board of Surgery. Rules adopted by the board
1-18 governing such supervision and direction may not require the
1-19 immediate physical presence of the supervising licensed
1-20 perfusionist or physician.
1-21 SECTION 2. Section 17(a), Article 4529e, Vernon's Texas
1-22 Civil Statutes, is amended to read as follows:
1-23 Sec. 17. This article does not apply to:
2-1 (1) a person licensed by another health professional
2-2 licensing board if:
2-3 (A) the person does not represent to the public,
2-4 directly or indirectly, that the person is licensed under this
2-5 article, and does not use any name, title, or designation
2-6 indicating that the person is licensed under this article; and
2-7 (B) the person confines the person's acts or
2-8 practice to the scope of practice authorized by the other health
2-9 professional licensing laws;
2-10 (2) a student enrolled in an accredited perfusion
2-11 education program if perfusion services performed by the student:
2-12 (A) are an integral part of the student's course
2-13 of study; and
2-14 (B) are performed under the direct supervision
2-15 of a licensed perfusionist assigned to supervise the student and
2-16 who is on duty and immediately available in the assigned patient
2-17 care area;
2-18 (3) a person who has successfully completed an
2-19 approved perfusion education program but who has not been issued a
2-20 license as a provisional licensed perfusionist in accordance with
2-21 the provisions of Section 14 of this article and:
2-22 (A) is at all times in compliance with the
2-23 provisions of Section 14(b) of this article; and
2-24 (B) receives a license as a provisional licensed
2-25 perfusionist within 180 days of the date upon which the person
3-1 successfully completed an approved perfusion education program;
3-2 (4) the practice of any legally qualified perfusionist
3-3 employed by the United States government while in the discharge of
3-4 official duties; or
3-5 (5) a person who is not a resident of this state if:
3-6 (A) the person is authorized to perform the
3-7 activities and services of perfusion under the laws of the state of
3-8 the person's residence and is found by the board to possess
3-9 educational and training qualifications substantially similar to
3-10 those required of person's qualified to practice in this state; and
3-11 (B) such activities and services are performed
3-12 for not more than 30 days in any one year; or
3-13 (6) a person performing autotransfusion or blood
3-14 conservation techniques under the supervision of a licensed
3-15 physician.
3-16 SECTION 3. Section 20, Article 4529e, Vernon's Texas Civil
3-17 Statutes, is amended to read as follows:
3-18 Sec. 20. (a) The board by rule shall adopt procedures
3-19 governing:
3-20 (1) informal disposition of a contested case under
3-21 Section 13(e), Administrative Procedure and Texas Register Act
3-22 (Article 6252-13a, Vernon's Texas Civil Statutes); and
3-23 (2) informal proceedings held in compliance with
3-24 Section 18(c), Administrative Procedure and Texas Register Act
3-25 (Article 6252-13a, Vernon's Texas Civil Statues).
4-1 (b) Rules adopted under this section must provide the
4-2 complainant and the license holder an opportunity to be heard and
4-3 must require the presence of a representative of the office of the
4-4 attorney general or the board's legal counsel to advise the board
4-5 or the board's employees.
4-6 SECTION 4. A person actively engaged in the practice of
4-7 perfusion consistent with applicable law on or prior to January 1,
4-8 1993, shall receive a license as a licensed perfusionist without
4-9 examination if application is made before December 31, 1995, so
4-10 long as the person submits proof satisfactory to the board that the
4-11 person meets one of the following requirements:
4-12 (a) the person, as of January 1, 1994, was operating
4-13 cardiopulmonary bypass systems during cardiopulmonary surgery in a
4-14 health care facility licensed in the United States as the person's
4-15 primary function and had been operating the systems since January
4-16 1, 1989;
4-17 (b) the person has had at least five years' experience
4-18 operating cardiopulmonary bypass systems during cardiopulmonary
4-19 surgery in a health care facility licensed in the United States
4-20 since January 1, 1986; or
4-21 (c) the person has successfully completed a perfusion
4-22 education program approved by the Committee on Allied Health
4-23 Education and Accreditation of the American Medical Association, or
4-24 its successors, after January 1, 1989, and holds a certificate as a
4-25 certified clinical perfusionist issued by the American Board of
5-1 Cardiovascular Perfusion.
5-2 SECTION 5. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days be suspended, and this rule is hereby suspended.