1-1     By:  Madla                                            S.B. No. 1243

 1-2           (In the Senate - Filed March 12, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Health and Human Services;

 1-4     April 2, 1997, reported favorably by the following vote:  Yeas 11,

 1-5     Nays 0; April 2, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the practice of perfusion.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 9, Licensed Perfusionists Act (Article

1-11     4529e, Revised Statutes), is amended to read as follows:

1-12           Sec. 9.  Fees; Funds; Annual Report; Audit.   (a)  After

1-13     consultation with the commissioner or the department, the board

1-14     shall set the fees imposed by this article in amounts so that the

1-15     fees in the aggregate produce sufficient revenue to cover the cost

1-16     of administering this article without accumulating an unnecessary

1-17     surplus in the licensed perfusionists fund created by this section.

1-18           (b)  [The amount of the fees that may be imposed in

1-19     connection with a license under this article may not exceed the

1-20     following:]

1-21                 [(1)  application fee:  $75;]

1-22                 [(2)  examination fee:  $100;]

1-23                 [(3)  initial license fee:  $75;]

1-24                 [(4)  initial provisional license fee:  $75;]

1-25                 [(5)  license renewal fee:  $75;]

1-26                 [(6)  delinquency fee:  $50; and]

1-27                 [(7)  duplicate license fee:  $10.]

1-28           [(c)]  The fees set by the board may be adjusted so that the

1-29     total fees collected are sufficient to meet the expenses of

1-30     administering this article.

1-31           (c) [(d)]  The department shall receive and account for funds

1-32     derived under this article.  The funds shall be deposited in the

1-33     state treasury to the credit of a special fund to be known as the

1-34     licensed perfusionists fund to be used only for the administration

1-35     of this article.

1-36           (d) [(e)]  The board shall make a complete and detailed

1-37     written report to the governor, lieutenant governor, and speaker of

1-38     the house of representatives accounting for all funds received and

1-39     disbursed by the board or the department for the administration of

1-40     this article during the preceding year.  The annual report must be

1-41     in the form and reported in the time provided by the General

1-42     Appropriations Act.

1-43           (e) [(f)]  The financial transactions of the board or the

1-44     department in relation to the administration of this article are

1-45     subject to audit by the state auditor in accordance with Chapter

1-46     321, Government Code, and its subsequent amendments.

1-47           SECTION 2.  Section 17, Licensed Perfusionists Act (Article

1-48     4529e, Revised Statutes), is amended to read as follows:

1-49           Sec. 17.  Exemptions.  This article does not apply to:

1-50                 (1)  a person licensed by another health professional

1-51     licensing board if:

1-52                       (A)  the person does not represent to the public,

1-53     directly or indirectly, that the person is licensed under this

1-54     article, and does not use any name, title, or designation

1-55     indicating that the person is licensed under this article; and

1-56                       (B)  the person confines the person's acts or

1-57     practice to the scope of practice authorized by the other health

1-58     professional licensing laws;

1-59                 (2)  a student enrolled in an accredited perfusion

1-60     education program if perfusion services performed by the student:

1-61                       (A)  are an integral part of the student's course

1-62     of study; and

1-63                       (B)  are performed under the direct supervision

1-64     of a licensed perfusionist assigned to supervise the student and

 2-1     who is on duty and immediately available in the assigned patient

 2-2     care area;

 2-3                 (3)  a person who has successfully completed an

 2-4     approved perfusion education program but who has not been issued a

 2-5     license as a provisional licensed perfusionist in accordance with

 2-6     the provisions of Section 14 of this article and:

 2-7                       (A)  is at all times in compliance with the

 2-8     provisions of Section 14(b) of this article; and

 2-9                       (B)  receives a license as a provisional licensed

2-10     perfusionist within 180 days of the date upon which the person

2-11     successfully completed an approved perfusion education program;

2-12                 (4)  the practice of any legally qualified perfusionist

2-13     employed by the United States government while in the discharge of

2-14     official duties; [or]

2-15                 (5)  a person who is not a resident of this state if:

2-16                       (A)  the person is authorized to perform the

2-17     activities and services of perfusion under the laws of the state of

2-18     the person's residence and is found by the board to possess

2-19     educational and training qualifications substantially similar to

2-20     those required of persons qualified to practice in this state; and

2-21                       (B)  such activities and services are performed,

2-22     after prior notice to and approval by the board or its designated

2-23     agent, for not more than 10 [30] days in any one year; or

2-24                 (6)  a person performing autotransfusion or blood

2-25     conservation techniques under the supervision of a licensed

2-26     physician.

2-27           SECTION 3.  This Act takes effect September 1, 1997.

2-28           SECTION 4.  The importance of this legislation and the

2-29     crowded condition of the calendars in both houses create an

2-30     emergency and an imperative public necessity that the

2-31     constitutional rule requiring bills to be read on three several

2-32     days in each house be suspended, and this rule is hereby suspended.

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