75R8255 GJH-F                          

         By Madla                                              S.B. No. 1243

         Substitute the following for S.B. No. 1243:

         By Berlanga                                       C.S.S.B. No. 1243

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of perfusionists.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 17, Article 4529e, Revised Statutes, is

 1-5     amended to read as follows:

 1-6           Sec. 17.  EXEMPTIONS.  This article does not apply to:

 1-7                 (1)  a person licensed by another health professional

 1-8     licensing board if:

 1-9                       (A)  the person does not represent to the public,

1-10     directly or indirectly, that the person is licensed under this

1-11     article, and does not use any name, title, or designation

1-12     indicating that the person is licensed under this article; and

1-13                       (B)  the person confines the person's acts or

1-14     practice to the scope of practice authorized by the other health

1-15     professional licensing laws;

1-16                 (2)  a student enrolled in an accredited perfusion

1-17     education program if perfusion services performed by the student:

1-18                       (A)  are an integral part of the student's course

1-19     of study; and

1-20                       (B)  are performed under the direct supervision

1-21     of a licensed perfusionist assigned to supervise the student and

1-22     who is on duty and immediately available in the assigned patient

1-23     care area;

1-24                 (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.

2-26           SECTION 2.  Section 9(b), Article 4529e, Revised Statutes, is

2-27     repealed.

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

 3-2           (b)  The repeal of Section 9(b), Article 4529e, Revised

 3-3     Statutes, by this Act applies only to fees that become due on or

 3-4     after the effective date of this Act.  Fees that become due before

 3-5     the effective date of this Act are governed by the law in effect on

 3-6     the day the fees became due, and the former law is continued in

 3-7     effect for that purpose.

 3-8           SECTION 4.  The importance of this legislation and the

 3-9     crowded condition of the calendars in both houses create an

3-10     emergency and an imperative public necessity that the

3-11     constitutional rule requiring bills to be read on three several

3-12     days in each house be suspended, and this rule is hereby suspended.