PRIOR PRINTER'S NO. 1572 PRINTER'S NO. 2054
No. 1105 Session of 2006
INTRODUCED BY WONDERLING, PILEGGI, KITCHEN, FONTANA, LEMMOND,
O'PAKE, WAUGH, M. WHITE AND RHOADES, MARCH 16, 2006
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, AS AMENDED, SEPTEMBER 20, 2006
AN ACT
1 Amending the act of December 20, 1985 (P.L.457, No.112),
2 entitled "An act relating to the right to practice medicine
3 and surgery and the right to practice medically related acts;
4 reestablishing the State Board of Medical Education and
5 Licensure as the State Board of Medicine and providing for
6 its composition, powers and duties; providing for the
7 issuance of licenses and certificates and the suspension and
8 revocation of licenses and certificates; providing penalties;
9 and making repeals," providing for perfusionist licensing,
10 qualifications, supervision and scope of practice,
11 regulations and exemptions.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 2 of the act of December 20, 1985
15 (P.L.457, No.112), known as the Medical Practice Act of 1985, is
16 amended by adding definitions to read:
17 Section 2. Definitions.
18 The following words and phrases when used in this act shall
19 have the meanings given to them in this section unless the
20 context clearly indicates otherwise:
21 * * *
22 "Extracorporeal circulation." The diversion of a patient's
1 blood through a heart-lung machine or similar device that
2 assumes the functions of the patient's heart, lung, kidney,
3 liver or other organs.
4 * * *
5 "Perfusion." The functions necessary for the support,
6 treatment, measurement or supplementation of the cardiovascular
7 systems or other organs, or a combination of those functions,
8 and for ensuring the safe management of physiologic functions by
9 monitoring and analyzing the parameters of the systems under the
10 supervision of a licensed physician.
11 "Perfusionist." An individual who is licensed to practice
12 perfusion by the State Board of Medicine or the State Board of
13 Osteopathic Medical Examiners MEDICINE. <--
14 * * *
15 Section 2. Section 3(a) of the act, amended December 10,
16 2001 (P.L.859, No.92), is amended AND THE SECTION IS AMENDED BY <--
17 ADDING SUBSECTIONS to read:
18 Section 3. State Board of Medicine.
19 (a) Establishment.--The State Board of Medicine shall
20 consist of the commissioner or his designee, the Secretary of
21 Health or his designee, two members appointed by the Governor
22 who shall be persons representing the public at large and seven
23 members appointed by the Governor, six of whom shall be medical
24 doctors with unrestricted licenses to practice medicine and
25 surgery in this Commonwealth for five years immediately
26 preceding their appointment and one who shall be a nurse
27 midwife, physician assistant, certified registered nurse
28 practitioner, respiratory care practitioner [or], certified
29 athletic trainer or perfusionist licensed or certified under the
30 laws of this Commonwealth. All professional and public members
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1 of the board shall be appointed by the Governor, with the advice
2 and consent of a majority of the members elected to the Senate.
3 * * *
4 (K) LICENSURE FEES.--ALL APPLICATION AND LICENSURE FEES <--
5 SHALL BE SET BY THE BOARD AND SUBMITTED BY APPLICANTS AND
6 LICENSEES TO THE BOARD.
7 (L) REFERRALS TO STATE BOARD OF OSTEOPATHIC MEDICINE.--ANY
8 ACTION TO DENY, SUSPEND, RESTRICT OR RESCIND THE LICENSE OF A
9 PERFUSIONIST LICENSED BY THE STATE BOARD OF OSTEOPATHIC MEDICINE
10 SHALL BE REFERRED TO THAT BOARD FOR APPROPRIATE ACTION. THE
11 STATE BOARD OF MEDICINE SHALL CONVEY ANY DENIAL, SUSPENSION,
12 RESTRICTION OR RESCISSION TO THE STATE BOARD OF OSTEOPATHIC
13 MEDICINE.
14 (M) CONTINUING EDUCATION.--THE BOARD SHALL ADOPT, PROMULGATE
15 AND ENFORCE RULES AND REGULATIONS CONSISTENT WITH THE PROVISIONS
16 OF THIS ACT ESTABLISHING REQUIREMENTS OF CONTINUING EDUCATION TO
17 BE MET BY INDIVIDUALS HOLDING LICENSURE AS PERFUSIONISTS UNDER
18 THIS ACT AS A CONDITION FOR LICENSE RENEWAL. INDIVIDUALS SHALL
19 ACQUIRE A MINIMUM OF THIRTY CONTINUING EDUCATION UNITS AS A
20 CONDITION OF BIENNIAL RENEWAL. THE REGULATIONS MAY INCLUDE ANY
21 FEES NECESSARY FOR THE BOARD TO CARRY OUT ITS RESPONSIBILITIES
22 UNDER THIS SECTION.
23 Section 3. The act is amended by adding a section to read:
24 Section 13.3. Perfusionist.
25 (a) License required.--Eighteen months after the effective
26 date of this section, it shall be unlawful for any person to
27 hold himself out to the public as a perfusionist or to practice
28 or offer to practice perfusion unless the person holds a valid,
29 current license issued by the board or the State Board of
30 Osteopathic Medical Examiners MEDICINE. <--
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1 (b) Use of title.--A perfusionist who holds a valid, current
2 license issued by either board may use the title perfusionist or
3 licensed perfusionist, or an appropriate abbreviation of the
4 title, such as "LP."
5 (c) Regulations.--The board is authorized to promulgate
6 regulations to implement this section.
7 (d) Supervision and scope of practice.--A perfusionist may
8 perform perfusion to an individual being treated by a licensed
9 physician under medical supervision and approval consistent with
10 standing orders or protocols of a hospital THAT ARE PROMULGATED <--
11 AND APPROVED BY THE PHYSICIAN DESIGNATED AS THE MEDICAL DIRECTOR
12 OF THE CARDIOVASCULAR SURGERY PROGRAM. These services shall
13 include:
14 (1) The use of extracorporeal circulation, long-term
15 cardiopulmonary support techniques, including extracorporeal
16 carbon dioxide removal, extracorporeal membrane oxygenation
17 and associated therapeutic and diagnostic techniques.
18 (2) Counterpulsion, ventricular assistance,
19 autotransfusion, blood and blood component conservation
20 techniques, myocardial and organ preservation, extracorporeal
21 life support and isolated limb perfusion.
22 (3) Blood and blood component management techniques,
23 advanced life support and other related functions.
24 (4) In the performance of the acts described in
25 paragraphs (1), (2) and (3):
26 (i) The administration of:
27 (A) Pharmacological and therapeutic agents.
28 (B) Blood products or anesthetic agents through
29 the extracorporeal circuit or through an intravenous
30 line in conjunction with extracorporeal support,
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1 under the supervision of the treating physician.
2 (ii) The performance and use of:
3 (A) Anticoagulation monitoring and analysis.
4 (B) Physiologic monitoring and analysis.
5 (C) Blood gas and chemistry monitoring and
6 analysis.
7 (D) Hematologic monitoring and analysis.
8 (E) Hypothermia.
9 (F) Hyperthermia.
10 (G) Normothermia.
11 (H) Hemoconcentration and hemodilution.
12 (I) Hemodialysis in conjunction with perfusion
13 service.
14 (iii) The observation of signs and symptoms related
15 to perfusion services, the determination of whether the
16 signs and symptoms exhibit abnormal characteristics and
17 the implementation of appropriate reporting, perfusion
18 protocols or changes in or the initiation of emergency
19 procedures.
20 (e) Exemptions.--The following persons may perform
21 perfusion, as indicated:
22 (1) A person licensed under any other section of this
23 act or any other law of this Commonwealth, while engaging in
24 the practice for which the person is licensed.
25 (2) A student enrolled in an accredited perfusion
26 education program if perfusion performed by the student:
27 (i) is an integral part of the student's course of
28 study; and
29 (ii) is performed under the direct supervision of a
30 perfusionist who is assigned to supervise the student and
20060S1105B2054 - 5 -
1 who is on duty and immediately available in the assigned
2 patient care area.
3 (3) A graduate of an accredited perfusion education <--
4 program, if perfusion services:
5 (i) are necessary to fulfill the eligibility
6 requirements for a certification examination; and
7 (ii) are performed under the supervision and
8 responsibility of a perfusionist who is on duty and
9 assigned to supervise the graduate.
10 (4) (3) A legally qualified person employed by the <--
11 Federal Government to practice perfusion while in the
12 discharge of the person's official duties.
13 (f) Qualifications.--An applicant shall be licensed to
14 practice perfusion under this act if the applicant meets all of
15 the following qualifications and has otherwise complied with the
16 provisions of this act:
17 (1) The person is at least 18 years of age.
18 (2) The person is of good moral character.
19 (3) The person has completed an application form
20 provided by the board.
21 (4) The person has successfully completed a perfusion
22 education program approved by the board.
23 (5) The person is certified as a certified clinical
24 perfusionist by a certifying agency approved by the board.
25 The certification shall include an examination approved by
26 the board.
27 (6) THE PERSON COMPLIES WITH THE COURSE OF CONTINUING <--
28 EDUCATION PRESCRIBED BY THE BOARD.
29 (g) Certain certified persons not graduates of accredited
30 programs.--Within two years of the effective date of this
20060S1105B2054 - 6 -
1 section, an applicant who was not a graduate of an accredited
2 program prior to 1981, but met the then-current eligibility
3 requirements for certification as a certified clinical
4 perfusionist and subsequently was certified, shall be licensed
5 as a perfusionist if the applicant otherwise complies with the
6 provisions of this act.
7 (H) TEMPORARY LICENSE.-- <--
8 (1) A TEMPORARY GRADUATE LICENSE MAY BE GRANTED BY THE
9 BOARD FOR A PERIOD OF NO MORE THAN TWO YEARS TO A PERSON WHO
10 HAS COMPLETED THE EDUCATION REQUIREMENTS OF THIS ACT IN ALL
11 OF THE FOLLOWING CATEGORIES:
12 (I) A PERSON WHO HAS APPLIED FOR A LICENSE UNDER
13 SECTION 25 AND WHO IS IN THE JUDGMENT OF THE BOARD
14 ELIGIBLE TO TAKE THE EXAMINATION UNDER SUBSECTION (F).
15 (II) THE ISSUANCE BY THE BOARD OF A TEMPORARY
16 LICENSE SHALL AUTHORIZE THE PRACTICE OF PERFUSION ONLY
17 UNDER THE SUPERVISION AND DIRECTION OF A PERFUSIONIST
18 LICENSED UNDER THIS ACT.
19 (2) A TEMPORARY PROVISIONAL LICENSE MAY BE GRANTED TO A
20 PERSON ENGAGED IN THE PERFORMANCE OF PERFUSION SERVICES WHO
21 IS A NONRESIDENT OF THIS COMMONWEALTH AND NOT LICENSED UNDER
22 THIS ACT IF THE SERVICES OF THE LICENSEE ARE PERFORMED FOR A
23 PERIOD OF NO MORE THAN SIX CONSECUTIVE MONTHS AND ARE
24 PERFORMED IN ASSOCIATION WITH A PERFUSIONIST LICENSED UNDER
25 THIS ACT AND ONE OF THE FOLLOWING APPLIES:
26 (I) THE PERSON IS LICENSED UNDER THE LAWS OF A
27 STATE, THE DISTRICT OF COLUMBIA OR TERRITORY OF THE
28 UNITED STATES WHICH HAS LICENSURE REQUIREMENTS
29 SUBSTANTIALLY EQUAL TO THE REQUIREMENTS OF THIS ACT.
30 (II) THE PERSON HAS MET THE REQUIREMENTS FOR
20060S1105B2054 - 7 -
1 CERTIFICATION AS A PERFUSIONIST ESTABLISHED BY THE STATE
2 BOARD OF MEDICINE.
3 (III) A PERSON WHO HAS APPLIED FOR A LICENSE UNDER
4 SECTION 25 AND HAS FAILED THE REQUIRED EXAMINATION UNDER
5 SUBSECTION (F) SHALL HAVE THEIR TEMPORARY LICENSE EXPIRE
6 IMMEDIATELY UPON NOTICE.
7 Section 4. This act shall take effect in 60 days.
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