IML C.S.S.B. 1243 75(R)    BILL ANALYSIS


PUBLIC HEALTH
C.S.S.B. 1243
By: Madla (Janek)
4-30-97
Committee Report (Substituted)


BACKGROUND

Currently, the State Board of Examiners of Perfusionists (board) regulates
perfusionists under Article 4529e, V.T.C.S., the Licensed Perfusionists
Act.  A perfusionist is a health care professional who operates the
heart/lung machine during open heart surgery and keeps a surgical patient
alive while the patient's heart is stopped.  The Act authorizes the board
to contract with the American Board of Cardiovascular Perfusion (ABCP) to
develop the licensure examination it administers.  Section 9 of the Act
specifies the maximum amount the board may impose for the examination and
other fees. The cost of ABCP's examination now exceeds the $100 maximum
the board is authorized to impose under the Act.  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.  The board
believes  that foreign perfusionists are practicing in Texas in excess of
the 30-day limit.  This bill would remove the limitations on the amount of
fees that the board is authorized to impose in connection with a
perfusionist's license.  Additionally, this bill would require persons
authorized to practice perfusion in another state to notify the board and
secure its approval prior to practicing in Texas and would reduce the
permissible length of temporary practice for such perfusionists from 30 to
10 days per year.  

PURPOSE

CSSB 1243 removes the limitations on the amount of fees that the State
Board of Examiners of Perfusionists is authorized to impose in connection
with licensing under this Act.  Additionally, the bill amends the
exemption to the Licensed Perfusionists Act relating to non-residents.   

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 any" in subsection (4) to clarify the
exemption for legally qualified perfusionists working for the U.S.
government.  Adds language in subsection (5)(B) regarding exemption for a
nonresident who notifies, and is approved by, the board as specified;
changes the maximum period for this exemption from 30 days to 10 days per
year.  

SECTION 2.   Repeals Section 9(b), Article 4529e, Revised Statutes,
relating to the amount of fees that may be imposed in connection with a
license.  

SECTION 3.  Effective date is September 1, 1997.  The repeal of Section
9(b), Article 4529e, Revised Statutes, applies only to fees that become
due on or after the effective date.  

SECTION 4.   Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSSB 1243 renumbers SECTION 2 of the original as SECTION 1 of the
substitute bill.  The substitute bill corrects a wording error in
Subsection 17(4),  Article 4529e, for purposes of  clarification,  since
licensure is granted to an individual and not to a "practice."  Also, the
language of Subsection 17(5)(B), 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.   

CSSB 1243 renumbers and redrafts SECTION 1 of the original as SECTION 2 of
the committee substitute and repeals subsection 9(b), 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).  

Additionally, CSSB 1243 adds a new subsection (b) to SECTION 3, relating
to the effective date of the Act.