AN ACT

 1-1     relating to the regulation of perfusionists.

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

 1-3           SECTION 1.  Section 17, Licensed Perfusionists Act (Article

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

 1-5           Sec. 17.  EXEMPTIONS.  This article does not apply to:

 1-6                 (1)  a person licensed by another health professional

 1-7     licensing board if:

 1-8                       (A)  the person does not represent to the public,

 1-9     directly or indirectly, that the person is licensed under this

1-10     article, and does not use any name, title, or designation

1-11     indicating that the person is licensed under this article; and

1-12                       (B)  the person confines the person's acts or

1-13     practice to the scope of practice authorized by the other health

1-14     professional licensing laws;

1-15                 (2)  a student enrolled in an accredited perfusion

1-16     education program if perfusion services performed by the student:

1-17                       (A)  are an integral part of the student's course

1-18     of study; and

1-19                       (B)  are performed under the direct supervision

1-20     of a licensed perfusionist assigned to supervise the student and

1-21     who is on duty and immediately available in the assigned patient

1-22     care area;

1-23                 (3)  a person who has successfully completed an

 2-1     approved perfusion education program but who has not been issued a

 2-2     license as a provisional licensed perfusionist in accordance with

 2-3     the provisions of Section 14 of this article and:

 2-4                       (A)  is at all times in compliance with the

 2-5     provisions of Section 14(b) of this article; and

 2-6                       (B)  receives a license as a provisional licensed

 2-7     perfusionist within 180 days of the date upon which the person

 2-8     successfully completed an approved perfusion education program;

 2-9                 (4)  a [the practice of any] legally qualified

2-10     perfusionist employed by the United States government while in the

2-11     discharge of official duties; or

2-12                 (5)  a person who is not a resident of this state if:

2-13                       (A)  the person is authorized to perform the

2-14     activities and services of perfusion under the laws of the state of

2-15     the person's residence and is found by the board to possess

2-16     educational and training qualifications substantially similar to

2-17     those required of persons qualified to practice in this state; and

2-18                       (B)  the person notifies the board of the

2-19     person's intent, and the person is approved by the board or its

2-20     designated agent, to perform the [such] activities and services of

2-21     a perfusionist [are performed] for a period not to exceed 10 [more

2-22     than 30] days in any one year; or

2-23                 (6)  a person performing autotransfusion or blood

2-24     conservation techniques under the supervision of a licensed

2-25     physician.

 3-1           SECTION 2.  Subsection (b), Section 9, Licensed Perfusionists

 3-2     Act (Article 4529e, Revised Statutes), is repealed.

 3-3           SECTION 3.  (a)  This Act takes effect September 1, 1997.

 3-4           (b)  The repeal of Subsection (b), Section 9, Licensed

 3-5     Perfusionists Act (Article 4529e, Revised Statutes), by this Act

 3-6     applies only to fees that become due on or after the effective date

 3-7     of this Act.  Fees that become due before the effective date of

 3-8     this Act are governed by the law in effect on the day the fees

 3-9     became due, and the former law is continued in effect for that

3-10     purpose.

3-11           SECTION 4.  The importance of this legislation and the

3-12     crowded condition of the calendars in both houses create an

3-13     emergency and an imperative public necessity that the

3-14     constitutional rule requiring bills to be read on three several

3-15     days in each house be suspended, and this rule is hereby suspended.

                                                               S.B. No. 1243

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1243 passed the Senate on

         April 14, 1997, by a viva-voce vote; and that the Senate concurred

         in House amendment on May 9, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1243 passed the House, with

         amendment, on May 7, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor