By Janek 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. In those circumstances in which the board finds that a
1-10 licensed perfusionist is not reasonably available to provide such
1-11 supervision and direction, and upon application to and approval by
1-12 the board, the supervision and direction of a provisional licensed
1-13 perfusionist required by this subsection may be performed by a
1-14 physician licensed by the Texas State Board of Medical Examiners
1-15 and certified by the American Board of Cardiovascular Surgeons.
1-16 Rules adopted by the board governing such supervision and direction
1-17 may not require the immediate physical presence of the supervising
1-18 licensed perfusionist or physician."
1-19 SECTION 2. Section 17(a), Article 4529e, Vernon's Texas
1-20 Civil Statutes, is amended to read as follows:
1-21 "Sec. 17. This article does not apply to:
1-22 (1) a person licensed by another health professional
1-23 licensing board if:
2-1 (A) the person does not represent to the public,
2-2 directly or indirectly, that the person is licensed under this
2-3 article, and does not use any name, title, or designation
2-4 indicating that the person is licensed under this article; and
2-5 (B) the person confines the person's acts or
2-6 practice to the scope of practice authorized by the other health
2-7 professional licensing laws;
2-8 (2) a student enrolled in an accredited perfusion
2-9 education program if perfusion services performed by the student:
2-10 (A) are an integral part of the student's course
2-11 of study; and
2-12 (B) are performed under the direct supervision
2-13 of a licensed perfusionist assigned to supervise the student and
2-14 who is on duty and immediately available in the assigned patient
2-15 care area;
2-16 (3) a person who has successfully completed an
2-17 approved perfusion education program but who has not been issued a
2-18 license as a provisional licensed perfusionist in accordance with
2-19 the provisions of Section 14 of this article and:
2-20 (A) is at all times in compliance with the
2-21 provisions of Section 14(b) of this article; and
2-22 (B) receives a license as a provisional licensed
2-23 perfusionist within 180 days of the date upon which the person
2-24 successfully completed an approved perfusion education program;
2-25 (4) the practice of any legally qualified perfusionist
3-1 employed by the United States government while in the discharge of
3-2 official duties; or
3-3 (5) a person who is not a resident of this state if:
3-4 (A) the person is authorized to perform the
3-5 activities and services of perfusion under the laws of the state of
3-6 the person's residence and is found by the board to possess
3-7 educational and training qualifications substantially similar to
3-8 those required of person's qualified to practice in this state; and
3-9 (B) such activities and services are performed
3-10 for not more than 30 days in any one year; or
3-11 (6) a person performing autotransfusion or blood
3-12 conservation techniques under the supervision of a licensed
3-13 physician."
3-14 SECTION 3. Section 20, Article 4529e, Vernon's Texas Civil
3-15 Statutes, is amended to read as follows:
3-16 "Sec. 20. (a) The board by rule shall adopt procedures
3-17 governing:
3-18 (1) informal disposition of a contested case under
3-19 Section 13(e), Administrative Procedure and Texas Register Act
3-20 (Article 6252-13a, Vernon's Texas Civil Statutes); and
3-21 (2) informal proceedings held in compliance with
3-22 Section 18(c), Administrative Procedure and Texas Register Act
3-23 (Article 6252-13a, Vernon's Texas Civil Statutes).
3-24 (b) Rules adopted under this section must provide the
3-25 complainant and the license holder an opportunity to be heard and
4-1 must, upon the request of the board or an authorized representative
4-2 of the board, the complainant, or the license holder, require the
4-3 presence of a representative of the office of the attorney general
4-4 to advise the board or the board's employees."
4-5 SECTION 4. A person actively engaged in the practice of
4-6 perfusion consistent with applicable law on or prior to January 1,
4-7 1993, shall receive a license as a licensed perfusionist without
4-8 examination if application is made before December 31, 1995, so
4-9 long as the person submits proof satisfactory to the board that the
4-10 person meets one of the following requirements:
4-11 (a) the person, as of January 1, 1994, was operating
4-12 cardiopulmonary bypass systems during cardiopulmonary surgery in a
4-13 health care facility licensed in the United States as the person's
4-14 primary function and had been operating the systems since January
4-15 1, 1989;
4-16 (b) the person has had at least five years' experience
4-17 operating cardiopulmonary bypass systems during cardiopulmonary
4-18 surgery in a health care facility licensed in the United States
4-19 since January 1, 1986; or
4-20 (c) the person has successfully completed a perfusion
4-21 education program approved by the committee on Allied Health
4-22 Education and Accreditation of the American Medical Association, or
4-23 its successors, after January 1, 1989, and holds a certificate as a
4-24 certified clinical perfusionist issued by the American Board of
4-25 Cardiovascular Perfusion.
5-1 SECTION 5. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days be suspended, and this rule is hereby suspended.