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.