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.