NY State Senate Bill 2009-S4310

Senate Bill S4310

2009-2010 Legislative Session

Provides for the licensure of perfusionists; establishes a state board of perfusion and provides for continuing professional education

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2010	print number 4310a
Apr 06, 2010	amend and recommit to higher education
Jan 06, 2010	referred to higher education
Apr 21, 2009	referred to higher education

Bill Amendments

Original

A (Active)

2009-S4310 - Details

See Assembly Version of this Bill:: A353
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 134 §§6630 - 6636, Ed L

2009-S4310 - Summary

Provides for the licensure of perfusionists; establishes a state committee for perfusion; allows for the issuance of limited permits; provides for continuing professional education

2009-S4310 - Sponsor Memo

                                 BILL NUMBER:  S4310

 TITLE OF BILL :
An act to amend the education law, in relation to licensure of
perfusionists


 PURPOSE :
To provide a requirement and procedure for New York State licensure of
perfusionists, who operate the equipment that supports the heart and
lungs during certain medical procedures.

 SUMMARY OF PROVISIONS :
The bill would amend the education law by adding a new article 134
containing Sections 6630 through 6636.  Section 6630 provides
definitions relevant to the practice of perfusion. Section 6631
establishes procedures and qualifications for licensure.  Section 6632
provides that only a person licensed or exempt under this article
shall practice perfusion or use the title of "perfusionist."  Section
6633 establishes a state board for perfusion, to be appointed by the
board of regents on the recommendation of the commissioner.  Section
6634 allows the commissioner to promulgate regulations necessary to
carry out the purposes of the article. Section 6635 provides for
limited permits. Section 6636 provides requirements for continuing
professional education. Section 6637 provides for reciprocity of
licensure with states that have requirements equal to or in excess of

the requirements of New York State.

 JUSTIFICATION :
The New York State Society of Perfusionists requested the introduction
of this bill because perfusion is a highly technical and skilled
profession. Perfusionists operate specialized medical equipment to
support the heart and lungs during certain medical procedures.
Present law does not require licensure, and certification by a
national board is only voluntary, so it is therefore possible for a
person to operate this equipment without formal training. At the
present time, there are approximately 203 perfusionists in New York
State and about 25 percent are not nationally credentialed.

This bill would provide for licensure in New York State while also
creating a transitional period so that medical facilities do not face
a sudden shortage of perfusionists after licensure is enacted, as well
as for reciprocity with certain other states.

 LEGISLATIVE HISTORY :
2007-2008: S.37/A.282
2005-2006: A.10822

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.

2009-S4310 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4310

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to  licensure  of  perfu-
  sionists

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares  that  the public interest requires the regulation of the prac-
tice of perfusion and the establishment of clear licensure standards for
perfusionists; and that the health and welfare of the residents  of  the
state  will  be protected by identifying to the public those individuals
who are qualified and legally authorized to practice perfusion.
  S 2. The education law is amended by adding a new article 134 to  read
as follows:
                                ARTICLE 134
                         LICENSED PERFUSIONISTS
SECTION 6630. DEFINITIONS.
        6631. LICENSURE.
        6632. PRACTICE OF PERFUSION AND USE OF TITLE "PERFUSIONIST".
        6633. STATE COMMITTEE FOR PERFUSION.
        6634. LIMITED PERMITS.
        6635. CONTINUING PROFESSIONAL EDUCATION.
        6636. RECIPROCITY.
  S  6630. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM "PERFUSION-
IST" MEANS A PERSON WHO IS LICENSED TO PRACTICE  PERFUSION  PURSUANT  TO
THIS ARTICLE.
  2.  THE  TERM  "APPROVED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OR
CONTINUING  PROFESSIONAL  EDUCATION  OF  PERFUSIONISTS  WHICH  HAS  BEEN
APPROVED BY THE DEPARTMENT.
  3. THE TERM "PERFUSION" MEANS THE FUNCTIONS NECESSARY FOR THE SUPPORT,
TREATMENT, MEASUREMENT, OR SUPPLEMENTATION OF THE CARDIOVASCULAR, CIRCU-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00518-01-9

S. 4310                             2

LATORY  OR RESPIRATORY SYSTEM OR OTHER ORGANS, OR A COMBINATION OF THOSE
ACTIVITIES, AND THE FUNCTIONS NECESSARY TO ENSURE THE SAFE MANAGEMENT OF
PHYSIOLOGIC FUNCTIONS BY MONITORING AND ANALYZING THE PARAMETERS OF  THE
SYSTEMS UNDER AN ORDER AND UNDER THE SUPERVISION OF A LICENSED PHYSICIAN
OR OTHER AUTHORIZED HEALTH CARE PRACTITIONER, INCLUDING:
  A.  THE  USE  OF EXTRACORPOREAL CIRCULATION, LONG-TERM CARDIOPULMONARY
SUPPORT TECHNIQUES INCLUDING EXTRACORPOREAL CARBON DIOXIDE  REMOVAL  AND
OXYGENATION,  EXTRACORPOREAL MEMBRANE OXYGENATION (ECMO), AND ASSOCIATED
THERAPEUTIC AND DIAGNOSTIC TECHNOLOGIES;
  B. COUNTERPULSATION, VENTRICULAR  ASSISTANCE,  AUTOTRANSFUSION,  BLOOD
CONSERVATION  TECHNIQUES, MYOCARDIAL AND ORGAN PRESERVATION, EXTRACORPO-
REAL LIFE SUPPORT, AND ISOLATED LIMB PERFUSION;
  C. THE USE OF TECHNIQUES INVOLVING  BLOOD  MANAGEMENT,  ADVANCED  LIFE
SUPPORT, AND OTHER RELATED FUNCTIONS;
  D. THE ADMINISTRATION OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, BLOOD
PRODUCTS  OR  ANESTHETIC  AGENTS  THROUGH  THE EXTRACORPOREAL CIRCUIT OR
THROUGH AN INTRAVENOUS LINE AS ORDERED BY A PHYSICIAN;
  E. THE PERFORMANCE AND USE OF ANTICOAGULATION MONITORING AND ANALYSIS,
PHYSIOLOGIC MONITORING AND ANALYSIS, BLOOD GAS AND CHEMISTRY  MONITORING
AND ANALYSIS, HEMATOLOGIC MONITORING AND ANALYSIS, HYPOTHERMIA, HYPERTH-
ERMIA, HEMOCONCENTRATION AND HEMODILUTION, HEMODIALYSIS; AND
  F.  THE  OBSERVATION  OF  SIGNS  AND  SYMPTOMS  RELATED  TO  PERFUSION
SERVICES, THE DETERMINATION OF WHETHER THE SIGNS  AND  SYMPTOMS  EXHIBIT
ABNORMAL  CHARACTERISTICS, AND THE IMPLEMENTATION OF APPROPRIATE REPORT-
ING, PERFUSION PROTOCOLS, OR CHANGES IN OR THE INITIATION  OF  EMERGENCY
PROCEDURES.
  S 6631. LICENSURE. 1. TO QUALIFY FOR LICENSURE AS A "PERFUSIONIST", AN
APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  B. EDUCATION: HAS SUCCESSFULLY COMPLETED A COURSE OF STUDY APPROVED BY
THE BOARD OF REGENTS OR HAS PASSED AN EQUIVALENCY TEST. THE COMMISSIONER
IS  EMPOWERED  TO  DETERMINE  WHETHER  AN APPLICANT POSSESSES EQUIVALENT
EDUCATION AND TRAINING IN LIEU OF ALL OR PART OF  AN  APPROVED  PROGRAM;
AND
  C. EXAMINATION: HAS OBTAINED A PASSING SCORE ON EXAMINATION ACCEPTABLE
TO  THE  DEPARTMENT  OR IS ELIGIBLE FOR A WAIVER PURSUANT TO SUBDIVISION
FOUR OF THIS SECTION;
  D. AGE: AT THE TIME OF APPLICATION IS AT  LEAST  TWENTY-ONE  YEARS  OF
AGE;
  E.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT;
  F. FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL  LICENSE
AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
  2.  THE DEPARTMENT SHALL FURNISH TO EACH PERSON APPLYING FOR LICENSURE
PURSUANT TO THIS ARTICLE AN APPLICATION FORM CALLING FOR  SUCH  INFORMA-
TION AS THE DEPARTMENT DEEMS NECESSARY AND SHALL ISSUE TO EACH APPLICANT
WHO  SATISFIES  THE  REQUIREMENTS  OF  SUBDIVISION  ONE  OR FOUR OF THIS
SECTION A CERTIFICATE OF LICENSURE AS  A  PERFUSIONIST  FOR  THE  PERIOD
EXPIRING  DECEMBER THIRTY-FIRST OF THE FIRST ODD-NUMBERED YEAR TERMINAT-
ING SUBSEQUENT TO SUCH LICENSURE.   LICENSURE  SHALL  BE  RENEWED  ON  A
TRIENNIAL BASIS.
  3.  EVERY LICENSEE SHALL APPLY TO THE DEPARTMENT FOR A RENEWAL CERTIF-
ICATE OF LICENSURE. THE DEPARTMENT SHALL MAIL TO EVERY  LICENSED  PERFU-
SIONIST  AN  APPLICATION FORM FOR SUCH RENEWAL CERTIFICATE OF LICENSURE,
ADDRESSED TO THE LICENSEE'S POST OFFICE ADDRESS ON FILE WITH THE DEPART-
MENT. UPON RECEIPT OF SUCH APPLICATION PROPERLY EXECUTED, TOGETHER  WITH

S. 4310                             3

EVIDENCE   OF  SATISFACTORY  COMPLETION  OF  SUCH  CONTINUING  EDUCATION
REQUIREMENTS AS MAY BE ESTABLISHED BY THE COMMITTEE PURSUANT TO  SECTION
SIXTY-SIX  HUNDRED  THIRTY-THREE  OF  THIS ARTICLE, THE DEPARTMENT SHALL
ISSUE  A RENEWAL CERTIFICATE OF LICENSURE. LICENSURE SHALL BE RENEWED ON
A TRIENNIAL BASIS.
  4. APPLICANTS FOR LICENSURE  MAY  WAIVE  THE  EXAMINATION  REQUIREMENT
PURSUANT  TO  SUBDIVISION  ONE  OF THIS SECTION, BUT NOT THE APPLICATION
FEE, IF, WITHIN FIVE YEARS PRIOR  TO  APPLICATION,  SUCH  APPLICANT  HAS
PASSED THE AMERICAN BOARD OF CARDIOVASCULAR PERFUSION (ABCP) EXAMINATION
(PART  I AND II) AND/OR IS A CLINICAL PERFUSIONIST CERTIFIED BY ABCP, OR
IF SUCH APPLICANT HAS BEEN GAINFULLY EMPLOYED AS  A  PERFUSIONIST  IN  A
CERTIFIED  CARDIAC  SURGICAL PROGRAM IN THE STATE OF NEW YORK. EFFECTIVE
FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, APPLICANTS WHO HAVE
NEVER BEEN CERTIFIED BY ABCP AND WHO  HAVE  NOT  APPLIED  FOR  LICENSURE
PURSUANT  TO  THIS  ARTICLE  SHALL NOT BE ELIGIBLE FOR A WAIVER; AND ANY
APPLICANT GAINFULLY EMPLOYED AS A PERFUSIONIST AND/OR CERTIFIED BY  ABCP
MAY  PETITION THE COMMISSIONER AND THE STATE COMMITTEE FOR PERFUSION FOR
A WAIVER.
  S 6632. PRACTICE OF PERFUSION AND USE OF TITLE "PERFUSIONIST".  ONLY A
PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRACTICE PERFUSION OR
USE THE TITLE "PERFUSIONIST".
  S 6633.  STATE COMMITTEE FOR PERFUSION.   1.  A  STATE  COMMITTEE  FOR
PERFUSION  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMEN-
DATION OF THE COMMISSIONER AND SHALL ASSIST ON MATTERS OF LICENSURE  AND
PROFESSIONAL  CONDUCT IN ACCORDANCE WITH SECTION SIXTY-SIX HUNDRED THIR-
TY-FIVE OF THIS TITLE. THE COMMITTEE SHALL ASSIST THE BOARD  OF  REGENTS
FOR  MEDICINE  SOLELY  IN  MATTERS RELATING TO PERFUSION, WHICH BOARD OF
REGENTS SHALL ALSO FUNCTION AS THE STATE COMMITTEE  FOR  PERFUSION.  THE
LICENSURE  REQUIREMENTS  FOR  PROFESSIONAL PERFUSIONISTS SHALL BE WAIVED
FOR THE INITIAL COMMITTEE  APPOINTEES,  PROVIDED  THAT  SUCH  APPOINTEES
SHALL HAVE RECEIVED NATIONAL CERTIFICATION IN THEIR SPECIALTY.
  2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
  A. FOUR LICENSED PERFUSIONISTS;
  B. TWO LICENSED PHYSICIANS SPECIALIZING IN THORACIC SURGERY; AND
  C.  ONE  EDUCATOR WHO HOLDS A DOCTORATE OR EQUIVALENT DEGREE IN EITHER
ANATOMY, PHYSIOLOGY, PATHOLOGY, CHEMISTRY, OR MICROBIOLOGY.
  S 6634. LIMITED PERMITS. PERMITS LIMITED AS TO  ELIGIBILITY,  PRACTICE
AND  DURATION, SHALL BE ISSUED BY THE DEPARTMENT TO ELIGIBLE APPLICANTS,
AS FOLLOWS:
  1. ELIGIBILITY. A PERSON WHO FULFILLS ALL REQUIREMENTS  FOR  LICENSURE
AS  A  PERFUSIONIST  EXCEPT  THAT  RELATING  TO THE EXAMINATION SHALL BE
ELIGIBLE FOR A LIMITED PERMIT.
  2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED PERFUSIONIST.
  3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
ISSUANCE  OR  UPON  NOTICE  TO  THE PERMITTEE BY THE DEPARTMENT THAT THE
APPLICATION FOR REGISTRATION HAS BEEN DENIED. A LIMITED PERMIT SHALL  BE
EXTENDED  UPON  APPLICATION  FOR  ONE ADDITIONAL YEAR, PROVIDED THAT THE
PERMITTEE'S REQUEST FOR SUCH EXTENSION IS ENDORSED BY A LICENSED  PERFU-
SIONIST  WHO  EITHER  HAS  SUPERVISED  OR  WILL SUPERVISE THE PERMITTEE,
EXCEPT THAT SUCH EXTENSION MAY BE DENIED BY  THE  DEPARTMENT  FOR  CAUSE
WHICH  SHALL  BE  STATED  IN  WRITING.  IF THE PERMITTEE IS AWAITING THE
RESULTS OF A LICENSING EXAMINATION  AT  THE  TIME  SUCH  LIMITED  PERMIT
EXPIRES,  SUCH  PERMIT  SHALL  CONTINUE TO BE VALID UNTIL TEN DAYS AFTER
NOTIFICATION TO THE PERMITTEE OF THE RESULT OF SUCH EXAMINATION.

S. 4310                             4

  4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL  BE  ONE  HUNDRED  FIVE
DOLLARS.
  S 6635. CONTINUING PROFESSIONAL EDUCATION. 1. THE DEPARTMENT SHALL:
  A.  APPROVE  ONLY  CONTINUING  PROFESSIONAL  EDUCATION PROGRAMS AS ARE
AVAILABLE TO ALL PERFUSIONISTS IN THIS STATE ON A REASONABLE  NONDISCRI-
MINATORY BASIS;
  B. ESTABLISH STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS,
INCLUDING  THE SPECIFIC SUBJECT MATTER AND CONTENTS OF COURSES OF STUDY;
AND
  C. ESTABLISH THE NUMBER OF CREDITS OF CONTINUING  PROFESSIONAL  EDUCA-
TION  REQUIRED  BY EACH APPLICANT FOR LICENSE RENEWAL. EACH CREDIT SHALL
REPRESENT OR BE EQUIVALENT TO FIFTY MINUTES OF ACTUAL COURSE ATTENDANCE.
  2. IF ANY APPLICANT FOR RENEWAL OF REGISTRATION COMPLETES A NUMBER  OF
CREDIT HOURS IN EXCESS OF THE NUMBER ESTABLISHED PURSUANT TO PARAGRAPH C
OF  SUBDIVISION  ONE  OF  THIS  SECTION,  THE EXCESS CREDITS MAY, AT THE
DISCRETION OF THE DEPARTMENT, BE APPLICABLE TO THE CONTINUING  EDUCATION
REQUIREMENT FOR THE FOLLOWING LICENSURE PERIOD, BUT NOT THEREAFTER.
  S  6636.  RECIPROCITY.  RECIPROCITY  SHALL BE GRANTED TO ANY CURRENTLY
LICENSED PERFUSIONIST FROM ANOTHER STATE, PROVIDING THE REQUIREMENTS FOR
LICENSURE IN SUCH OTHER STATE  EQUAL  OR  EXCEED  THE  REQUIREMENTS  FOR
LICENSURE  PURSUANT  TO  THIS ARTICLE. REQUESTS FOR RECIPROCITY SHALL BE
REVIEWED BY THE COMMISSIONER AND THE STATE COMMITTEE FOR PERFUSION AND A
LIMITED PERMIT, PURSUANT TO SECTION  SIXTY-SIX  HUNDRED  THIRTY-FOUR  OF
THIS  ARTICLE, SHALL BE ISSUED UPON APPROVAL OF THE COMMISSIONER AND THE
COMMITTEE.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the implementation of this act on its effective date are
authorized and directed to be made  and  completed  on  or  before  such
effective date.

co-Sponsors

2009-S4310A (ACTIVE) - Details

See Assembly Version of this Bill:: A353
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 134 §§6630 - 6636, Ed L

2009-S4310A (ACTIVE) - Summary

Provides for the licensure of perfusionists; establishes a state committee for perfusion; allows for the issuance of limited permits; provides for continuing professional education

2009-S4310A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4310A

 TITLE OF BILL :
An act to amend the education law, in relation to licensure of
perfusionists


 PURPOSE :
To provide a requirement and procedure for New York State licensure of
perfusionists, who operate the equipment that supports the heart and
lungs during certain medical procedures.

 SUMMARY OF PROVISIONS :
The bill would amend the education law by adding a new article 134
containing Sections 6630 through 6636.

Section 6630 provides definitions relevant to the practice of
perfusion.

Section 6631 establishes procedures and qualifications for licensure.

Section 6632 provides that only a person licensed or exempt under this
article shall practice perfusion or use the title of "licensed
perfusionist."

Section 6633 establishes a state committee for perfusion, to be

appointed by the board of regents on the recommendation of the
commissioner as a committee of the board for medicine to advise solely
in matters relating to perfusion.

Section 6634 provides for limited permits.

Section 6635 provides requirements for continuing professional
education.

Section 6636 provides for endorsement and exemptions.

 JUSTIFICATION :
The New York State Society of Perfusionists requested the introduction
of this bill because perfusion is a highly technical and skilled
profession. Perfusionists operate specialized medical equipment to
support the heart and lungs during certain medical procedures.
Present law does not require licensure, and certification by a
national board is only voluntary, so it is therefore possible for a
person to operate this equipment without formal training. At the
present time, there are approximately 203 perfusionists in New York
State and about 25 percent are not nationally credentialed.

This bill would provide for licensure in New York State while also
creating a transitional period so that medical facilities do not face
a sudden shortage of perfusionists after licensure is enacted, as well
as for reciprocity with certain other states.

 LEGISLATIVE HISTORY :
2007-2008: S.37/A.282
2005-2006: A.10822

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect three years after it shall have become a
law; provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

2009-S4310A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4310--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Higher  Education  --
  recommitted  to  the  Committee on Higher Education in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend the education law, in relation to licensure of perfu-
  sionists

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that the public interest requires the regulation of  the  prac-
tice of perfusion and the establishment of clear licensure standards for
perfusionists;  and  that the health and welfare of the residents of the
state will be protected by identifying to the public  those  individuals
who are qualified and legally authorized to practice perfusion.
  S  2. The education law is amended by adding a new article 134 to read
as follows:
                                ARTICLE 134
                         LICENSED PERFUSIONISTS
SECTION 6630. DEFINITIONS.
        6631. LICENSURE.
        6632. PRACTICE OF PERFUSION AND USE OF  TITLE  "LICENSED  PERFU-
                SIONIST".
        6633. STATE COMMITTEE FOR PERFUSION.
        6634. LIMITED PERMITS.
        6635. CONTINUING PROFESSIONAL EDUCATION.
        6636. ENDORSEMENT AND EXEMPTIONS.
  S  6630. DEFINITIONS. AS USED IN THIS ARTICLE: 1. THE TERM "PERFUSION-
IST" MEANS A PERSON WHO IS LICENSED TO PRACTICE  PERFUSION  PURSUANT  TO
THIS ARTICLE.
  2.  THE TERM "REGISTERED PROGRAM" MEANS A PROGRAM FOR THE EDUCATION OF
PERFUSIONISTS WHICH HAS BEEN REGISTERED BY THE DEPARTMENT  OR DETERMINED
BY THE DEPARTMENT TO BE THE SUBSTANTIAL EQUIVALENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD00518-02-0

S. 4310--A                          2

  3. THE TERM "PERFUSION" MEANS THE FUNCTIONS NECESSARY FOR THE SUPPORT,
TREATMENT, MEASUREMENT, OR SUPPLEMENTATION OF THE CARDIOVASCULAR, CIRCU-
LATORY OR RESPIRATORY SYSTEM OR OTHER ORGANS, OR A COMBINATION OF  THOSE
ACTIVITIES, AND THE FUNCTIONS NECESSARY TO ENSURE THE SAFE MANAGEMENT OF
PHYSIOLOGIC  FUNCTIONS BY MONITORING AND ANALYZING THE PARAMETERS OF THE
SYSTEMS UNDER AN ORDER AND UNDER THE SUPERVISION OF A LICENSED PHYSICIAN
OR OTHER AUTHORIZED HEALTH  CARE  PRACTITIONER  DURING  AND  WITHIN  THE
PERFUSION PROCEDURES, INCLUDING:
  A.  THE  USE  OF EXTRACORPOREAL CIRCULATION, LONG-TERM CARDIOPULMONARY
SUPPORT TECHNIQUES INCLUDING EXTRACORPOREAL CARBON DIOXIDE  REMOVAL  AND
OXYGENATION,  EXTRACORPOREAL MEMBRANE OXYGENATION (ECMO), AND ASSOCIATED
THERAPEUTIC AND DIAGNOSTIC TECHNOLOGIES;
  B. COUNTERPULSATION, VENTRICULAR  ASSISTANCE,  AUTOTRANSFUSION,  BLOOD
CONSERVATION  TECHNIQUES, MYOCARDIAL AND ORGAN PRESERVATION, EXTRACORPO-
REAL LIFE SUPPORT, AND ISOLATED LIMB PERFUSION;
  C. THE USE OF TECHNIQUES INVOLVING  BLOOD  MANAGEMENT,  ADVANCED  LIFE
SUPPORT, AND OTHER RELATED FUNCTIONS;
  D. THE ADMINISTRATION OF PHARMACOLOGICAL AND THERAPEUTIC AGENTS, BLOOD
PRODUCTS  OR  ANESTHETIC  AGENTS  THROUGH  THE EXTRACORPOREAL CIRCUIT OR
THROUGH AN INTRAVENOUS LINE AS ORDERED BY A PHYSICIAN OR  OTHER  AUTHOR-
IZED HEALTH CARE PRACTITIONER;
  E. THE PERFORMANCE AND USE OF ANTICOAGULATION MONITORING AND ANALYSIS,
PHYSIOLOGIC  MONITORING AND ANALYSIS, BLOOD GAS AND CHEMISTRY MONITORING
AND ANALYSIS, HEMATOLOGIC MONITORING AND ANALYSIS, HYPOTHERMIA, HYPERTH-
ERMIA, HEMOCONCENTRATION AND HEMODILUTION, HEMODIALYSIS; AND
  F.  THE  OBSERVATION  OF  SIGNS  AND  SYMPTOMS  RELATED  TO  PERFUSION
SERVICES,  THE  DETERMINATION  OF WHETHER THE SIGNS AND SYMPTOMS EXHIBIT
ABNORMAL CHARACTERISTICS, AND THE IMPLEMENTATION OF APPROPRIATE  REPORT-
ING,  PERFUSION  PROTOCOLS, OR CHANGES IN OR THE INITIATION OF EMERGENCY
PROCEDURES UNDER THE SUPERVISION OF A  PHYSICIAN  OR  AUTHORIZED  HEALTH
CARE  PRACTITIONER,  UNLESS  THE  PATIENT IS IN IMMINENT DANGER AND SUCH
CONSULTATION WOULD LEAD TO SERIOUS HEALTH IMPAIRMENT OR DEATH.
  4. THE TERM  "COMMITTEE"  MEANS  THE  STATE  COMMITTEE  FOR  PERFUSION
CREATED BY SECTION SIXTY-SIX HUNDRED THIRTY-THREE OF THIS ARTICLE.
  S  6631.  LICENSURE. 1. TO QUALIFY FOR LICENSURE AS A "LICENSED PERFU-
SIONIST", AN APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  B. EDUCATION: HAS SUCCESSFULLY COMPLETED  A  BACCALAUREATE  OR  HIGHER
DEGREE  IN  PERFUSION  REGISTERED  BY THE DEPARTMENT, OR THE SUBSTANTIAL
EQUIVALENT AS DETERMINED BY THE DEPARTMENT. AN EQUIVALENT  TEST  IS  NOT
ACCEPTABLE AS AN ALTERNATIVE TO AN EDUCATIONAL PROGRAM;
  C. EXAMINATION: HAS OBTAINED A PASSING SCORE ON EXAMINATION ACCEPTABLE
TO THE DEPARTMENT;
  D.  AGE:  AT  THE  TIME OF APPLICATION IS AT LEAST TWENTY-ONE YEARS OF
AGE;
  E. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
MENT;
  F.  FEE: PAY A FEE DETERMINED BY THE DEPARTMENT FOR AN INITIAL LICENSE
AND FOR EACH TRIENNIAL REGISTRATION PERIOD.
  2.  UNTIL TWO YEARS FROM THE IMPLEMENTATION OF THIS ARTICLE:
  (I) APPLICANTS MAY BE LICENSED IF THEY HAVE PRACTICED FOR  FIVE  YEARS
IN  THE  PAST  TEN  YEARS WITH NO DISCIPLINARY HISTORY AND HAVE PASSED A
NATIONAL CERTIFICATION EXAMINATION ACCEPTABLE TO THE COMMITTEE  AND  THE
DEPARTMENT;
  (II)  APPLICANTS  MAY  BE  LICENSED IF THEY HAVE BEEN EMPLOYED WITH NO
DISCIPLINARY HISTORY FOR FIVE YEARS IN THE PAST TEN YEARS IN  A  CARDIAC

S. 4310--A                          3

SURGICAL  PROGRAM  IN  THE  STATE  ACCEPTABLE  TO  THE COMMITTEE AND THE
DEPARTMENT;
  (III)  APPLICANTS  WHO  POSSESS  CERTIFICATION FROM A NATIONAL CERTIF-
ICATION ORGANIZATION ACCEPTABLE TO THE COMMITTEE AND THE DEPARTMENT  MAY
BE  LICENSED  IF THEY HAVE BEEN EMPLOYED FOR THREE OF THE PAST TEN YEARS
WITH NO DISCIPLINARY HISTORY.
  S 6632. PRACTICE OF PERFUSION AND USE OF  TITLE  "LICENSED  PERFUSION-
IST".    ONLY A PERSON LICENSED OR EXEMPT UNDER THIS ARTICLE SHALL PRAC-
TICE PERFUSION OR USE THE TITLE "LICENSED PERFUSIONIST".
  S 6633.  STATE COMMITTEE FOR PERFUSION.   1.  A  STATE  COMMITTEE  FOR
PERFUSION  SHALL BE APPOINTED BY THE BOARD OF REGENTS UPON THE RECOMMEN-
DATION OF THE COMMISSIONER AS A COMMITTEE OF THE BOARD FOR  MEDICINE  TO
ADVISE  SOLELY  IN  MATTERS  RELATING  TO  PERFUSION AND SHALL ASSIST ON
MATTERS OF LICENSURE AND PROFESSIONAL CONDUCT IN ACCORDANCE  WITH  PARA-
GRAPH  E  OF  SUBDIVISION ONE OF SECTION SIXTY-SIX HUNDRED THIRTY-ONE OF
THIS ARTICLE.   THE LICENSURE REQUIREMENTS FOR  PERFUSIONISTS  SHALL  BE
WAIVED FOR THE INITIAL COMMITTEE APPOINTEES, PROVIDED THAT SUCH APPOINT-
EES SHALL BE LICENSED WITHIN ONE YEAR OF FOLLOWING THE EFFECTIVE DATE OF
THIS ARTICLE.
  2. THE COMMITTEE SHALL CONSIST OF SEVEN INDIVIDUALS, TO BE COMPOSED OF
THE FOLLOWING:
  A. FOUR LICENSED PERFUSIONISTS;
  B. TWO LICENSED PHYSICIANS SPECIALIZING IN THORACIC SURGERY; AND
  C. ONE EDUCATOR WHO HOLDS A DOCTORATE OR EQUIVALENT DEGREE.
  S  6634.  LIMITED PERMITS.   1. ELIGIBILITY. A PERSON WHO FULFILLS ALL
REQUIREMENTS FOR LICENSURE AS A PERFUSIONIST EXCEPT THAT RELATING TO THE
EXAMINATION SHALL BE ELIGIBLE FOR A LIMITED PERMIT.
  2. LIMIT OF PRACTICE. A PERMITTEE SHALL BE AUTHORIZED TO PRACTICE AS A
PERFUSIONIST ONLY UNDER THE SUPERVISION OF A LICENSED PERFUSIONIST.
  3. DURATION. A LIMITED PERMIT SHALL EXPIRE ONE YEAR FROM THE  DATE  OF
ISSUANCE OR TEN DAYS AFTER NOTIFICATION BY THE DEPARTMENT OF THE RESULTS
OF THE FIRST EXAMINATION FOR WHICH THE APPLICANT IS ELIGIBLE.  A LIMITED
PERMIT  SHALL  BE  EXTENDED  FOR  ONE  ADDITIONAL YEAR FOR GOOD CAUSE AS
DETERMINED BY THE DEPARTMENT.
  4. FEES. THE FEE FOR EACH LIMITED PERMIT SHALL  BE  ONE  HUNDRED  FIVE
DOLLARS.
  S  6635.  CONTINUING  PROFESSIONAL  EDUCATION.   THE COMMITTEE AND THE
DEPARTMENT  SHALL  ESTABLISH  REQUIREMENTS  FOR  CONTINUING  COMPETENCY,
INCLUDING  CONTINUING  EDUCATION IN REGULATION, THAT ARE CONSISTENT WITH
APPLICABLE REGULATIONS IN OTHER PROFESSIONS REGULATED UNDER THIS TITLE.
  S 6636.   ENDORSEMENT AND EXEMPTIONS.  1.  ENDORSEMENT.  PERFUSIONISTS
CURRENTLY  LICENSED  IN  ANOTHER  STATE  MAY BE LICENSED BY ENDORSEMENT,
PROVIDING THE REQUIREMENTS FOR LICENSURE IN SUCH OTHER  STATE  EQUAL  OR
EXCEED THE REQUIREMENTS FOR LICENSURE PURSUANT TO THIS ARTICLE.
  2. EXEMPTIONS. LICENSEES IN PROFESSIONS REGULATED UNDER THIS TITLE ARE
EXEMPT FROM THE PROVISIONS OF THIS ARTICLE TO THE EXTENT THAT THE ACTIV-
ITIES  AND  SERVICES  ALSO  FALL  WITHIN  THE  SCOPE OF PRACTICE OF SUCH
PROFESSIONS.
  S 3. This act shall take effect three years after it shall have become
a law; provided, however,  that  effective  immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on its  effective  date  are  authorized  and
directed to be made and completed on or before such effective date.

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Senate Bill S4310

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John A. DeFrancisco