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.
2-33 * * * * *