BG C.S.H.B. 2014 75(R)BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 2014 By: Janek 4-10-97 Committee Report (Substituted) BACKGROUND A "perfusionist" is a health care professional licensed by the Texas State Board of Examiners of Perfusionists (board) under the "Licensed Perfusionists Act" (Article 4529e, Vernon's Civil Statutes). These professionals operate the heart/lung machine during open heart surgery, and keep a surgical patient alive while the patient's heart is stopped. The board is charged with determining the qualifications of applicants for licensure, administering a licensure examination, awarding licenses, and disciplining licensees. The Act authorizes the board to contract with the American Board of Cardiovascular Perfusion (ABCP) to develop and administer the licensure examination. Section 9 of the Act currently specifies the maximum amount that the board may impose for the examination and other fees. The cost of the ABCP's examination now substantially exceeds the $100 maximum fee the board may impose, and it is in danger of losing its ability to contract for the uniform national test. The Act also authorizes perfusionists, qualified to practice in other states, to practice in Texas for up to 30 days per year without securing a Texas license. It is believed that foreign perfusionists are practicing in Texas in excess of the 30-day limit, but the Act provides no means to determine whether a violation of the time limit has occurred. PURPOSE HB 2014 authorizes the Texas State Board of Examiners of Perfusionists to set fees at levels sufficient to pay the costs of administering the Licensed Perfusionist Act, including the licensure examination. The bill requires out-of-state licensees to notify the board and obtain its approval for temporary practice in Texas. HB 2014 also reduces the permissible period of temporary practice by a foreign perfusionist from 30 to 10 days per year. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 17, Article 4529e, Revised Statutes, by removing the words "the practice of" in subsection (4) to clarify that the legally qualified perfusionist is who is being exempted; and adding language in subsection (5)(B) regarding exemption for a nonresident who notifies the board, as specified, and is approved by the board or its designated agent, to perform as a perfusionist for not more than 10 days per year. Reference to more than 30 days is deleted. SECTION 2. Repeals Section 9(b), Article 4529e, Revised Statutes. SECTION 3. Establishes that this Act is effective September 1, 1997. Provides that the repeal of Section 9(b), Article 4529e, Revised Statutes applies only to fees that become due on or after the effective date; any fees due before this Act takes effect are governed by existing law which is continued in effect for that purpose. SECTION 4. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 2014 renumbers and redrafts SECTION 1 of HB 2014 as SECTION 2 of the committee substitute and repeals subsection (b) of Section 9 of Article 4529e by reference to the subsection rather than by setting out the full language of the section and striking through the language of subsection (b) to be repealed. CSHB 2014 renumbers SECTION 2 of HB 2014 as SECTION 1 of the substitute bill. In SECTION 2, the substitute bill corrects a grammatical error in the language of subsection (4) of Section 17 (Exemptions) of Article 4529e to clarify that it is the perfusionist who is an employee of the federal government who is exempt from licensure under the subsection and not the "practice" of the perfusionist, since licensure is granted to an individual and not to a "practice." Also, language of Subdivision (B) of subsection (5) of Section 17 (Exemptions) is revised to clarify that a qualified person who is not a Texas resident has a duty to notify the Board of intent to practice and to receive approval before practicing temporarily for a period not to exceed 10 days annually. Additionally, CSHB 2014 adds a new subsection (b) to SECTION 3 of HB 2014, relating to the effective date of the act.