By:  Madla                                            S.B. No. 1243

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the practice of perfusion.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 9, Licensed Perfusionists Act (Article

 1-4     4529e, Revised Statutes), is amended to read as follows:

 1-5           Sec. 9.  Fees; Funds; Annual Report; Audit.   (a)  After

 1-6     consultation with the commissioner or the department, the board

 1-7     shall set the fees imposed by this article in amounts so that the

 1-8     fees in the aggregate produce sufficient revenue to cover the cost

 1-9     of administering this article without accumulating an unnecessary

1-10     surplus in the licensed perfusionists fund created by this section.

1-11           (b)  [The amount of the fees that may be imposed in

1-12     connection with a license under this article may not exceed the

1-13     following:]

1-14                 [(1)  application fee:  $75;]

1-15                 [(2)  examination fee:  $100;]

1-16                 [(3)  initial license fee:  $75;]

1-17                 [(4)  initial provisional license fee:  $75;]

1-18                 [(5)  license renewal fee:  $75;]

1-19                 [(6)  delinquency fee:  $50; and]

1-20                 [(7)  duplicate license fee:  $10.]

1-21           [(c)]  The fees set by the board may be adjusted so that the

1-22     total fees collected are sufficient to meet the expenses of

1-23     administering this article.

 2-1           (c) [(d)]  The department shall receive and account for funds

 2-2     derived under this article.  The funds shall be deposited in the

 2-3     state treasury to the credit of a special fund to be known as the

 2-4     licensed perfusionists fund to be used only for the administration

 2-5     of this article.

 2-6           (d) [(e)]  The board shall make a complete and detailed

 2-7     written report to the governor, lieutenant governor, and speaker of

 2-8     the house of representatives accounting for all funds received and

 2-9     disbursed by the board or the department for the administration of

2-10     this article during the preceding year.  The annual report must be

2-11     in the form and reported in the time provided by the General

2-12     Appropriations Act.

2-13           (e) [(f)]  The financial transactions of the board or the

2-14     department in relation to the administration of this article are

2-15     subject to audit by the state auditor in accordance with Chapter

2-16     321, Government Code, and its subsequent amendments.

2-17           SECTION 2.  Section 17, Licensed Perfusionists Act (Article

2-18     4529e, Revised Statutes), is amended to read as follows:

2-19           Sec. 17.  Exemptions.  This article does not apply to:

2-20                 (1)  a person licensed by another health professional

2-21     licensing board if:

2-22                       (A)  the person does not represent to the public,

2-23     directly or indirectly, that the person is licensed under this

2-24     article, and does not use any name, title, or designation

2-25     indicating that the person is licensed under this article; and

 3-1                       (B)  the person confines the person's acts or

 3-2     practice to the scope of practice authorized by the other health

 3-3     professional licensing laws;

 3-4                 (2)  a student enrolled in an accredited perfusion

 3-5     education program if perfusion services performed by the student:

 3-6                       (A)  are an integral part of the student's course

 3-7     of study; and

 3-8                       (B)  are performed under the direct supervision

 3-9     of a licensed perfusionist assigned to supervise the student and

3-10     who is on duty and immediately available in the assigned patient

3-11     care area;

3-12                 (3)  a person who has successfully completed an

3-13     approved perfusion education program but who has not been issued a

3-14     license as a provisional licensed perfusionist in accordance with

3-15     the provisions of Section 14 of this article and:

3-16                       (A)  is at all times in compliance with the

3-17     provisions of Section 14(b) of this article; and

3-18                       (B)  receives a license as a provisional licensed

3-19     perfusionist within 180 days of the date upon which the person

3-20     successfully completed an approved perfusion education program;

3-21                 (4)  the practice of any legally qualified perfusionist

3-22     employed by the United States government while in the discharge of

3-23     official duties; [or]

3-24                 (5)  a person who is not a resident of this state if:

3-25                       (A)  the person is authorized to perform the

 4-1     activities and services of perfusion under the laws of the state of

 4-2     the person's residence and is found by the board to possess

 4-3     educational and training qualifications substantially similar to

 4-4     those required of persons qualified to practice in this state; and

 4-5                       (B)  such activities and services are performed,

 4-6     after prior notice to and approval by the board or its designated

 4-7     agent, for not more than 10 [30] days in any one year; or

 4-8                 (6)  a person performing autotransfusion or blood

 4-9     conservation techniques under the supervision of a licensed

4-10     physician.

4-11           SECTION 3.  This Act takes effect September 1, 1997.

4-12           SECTION 4.  The importance of this legislation and the

4-13     crowded condition of the calendars in both houses create an

4-14     emergency and an imperative public necessity that the

4-15     constitutional rule requiring bills to be read on three several

4-16     days in each house be suspended, and this rule is hereby suspended.