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                                                      PRINTER'S NO. 1573

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1106 Session of 2006


        INTRODUCED BY WONDERLING, PILEGGI, KITCHEN, FONTANA, LEMMOND,
           O'PAKE, WAUGH, M. WHITE AND RHOADES, MARCH 16, 2006

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           MARCH 16, 2006

                                     AN ACT

     1  Amending the act of October 5, 1978 (P.L.1109, No.261), entitled
     2     "An act requiring the licensing of practitioners of
     3     osteopathic medicine and surgery; regulating their practice;
     4     providing for certain funds and penalties for violations and
     5     repeals," providing for perfusionist licensing,
     6     qualifications, supervision and scope of practice,
     7     regulations and exemptions.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 2 of the act of October 5, 1978
    11  (P.L.1109, No.261), known as the Osteopathic Medical Practice
    12  Act, is amended by adding definitions to read:
    13  Section 2.  Definitions.
    14     The following words and phrases when used in this act shall
    15  have, unless the context clearly indicates otherwise, the
    16  meanings given to them in this section:
    17     * * *
    18     "Extracorporeal circulation."  The diversion of a patient's
    19  blood through a heart-lung machine or similar device that
    20  assumes the functions of the patient's heart, lung, kidney,

     1  liver or other organs.
     2     * * *
     3     "Perfusion."  The functions necessary for the support,
     4  treatment, measurement or supplementation of the cardiovascular
     5  systems or other organs, or a combination of those functions,
     6  and for ensuring the safe management of physiologic functions by
     7  monitoring and analyzing the parameters of the systems under the
     8  supervision of a physician licensed under this act or the act of
     9  December 20, 1985 (P.L.457, No.112), known as the "Medical
    10  Practice Act of 1985."
    11     "Perfusionist."  An individual who is licensed to practice
    12  perfusion by the State Board of Osteopathic Examiners or the
    13  State Board of Medicine.
    14     * * *
    15     Section 2.  Section 2.1(a) of the act, amended December 10,
    16  2001 (P.L.863, No.93), is amended to read:
    17  Section 2.1.  State Board of Osteopathic Medicine.
    18     (a)  The State Board of Osteopathic Medicine shall consist of
    19  the Commissioner of Professional and Occupational Affairs or his
    20  designee; the Secretary of Health or his designee; two members
    21  appointed by the Governor who shall be persons representing the
    22  public at large; one member appointed by the Governor who shall
    23  be a respiratory care practitioner, a perfusionist, a physician
    24  assistant or a certified athletic trainer; and six members
    25  appointed by the Governor who shall be graduates of a legally
    26  incorporated and reputable college of osteopathy and shall have
    27  been licensed to practice osteopathic medicine under the laws of
    28  this Commonwealth and shall have been engaged in the practice of
    29  osteopathy in this Commonwealth for a period of at least five
    30  years. All professional and public members of the board shall be
    20060S1106B1573                  - 2 -     

     1  appointed by the Governor with the advice and consent of a
     2  majority of the members elected to the Senate. The Governor
     3  shall assure that respiratory care practitioners, physician
     4  assistants and certified athletic trainers are appointed to
     5  four-year terms on a rotating basis.
     6     * * *
     7     Section 3.  The act is amended by adding a section to read:
     8  Section 13.3.  Perfusionist.
     9     (a)  License required.--Eighteen months after the effective
    10  date of this section, it shall be unlawful for any person to
    11  hold himself out to the public as a perfusionist or to practice
    12  or offer to practice perfusion unless the person holds a valid,
    13  current license issued by the board or the State Board of
    14  Osteopathic Medical Examiners.
    15     (b)  Use of title.--A perfusionist who holds a valid, current
    16  license issued by either board may use the title perfusionist or
    17  licensed perfusionist, or an appropriate abbreviation of the
    18  title, such as "LP."
    19     (c)  Regulations.--The board is authorized to promulgate
    20  regulations to implement this section.
    21     (d)  Supervision and scope of practice.--A perfusionist may
    22  perform perfusion to an individual being treated by a physician
    23  licensed under this act or the act of December 20, 1985
    24  (P.L.457, No.112), known as the "Medical Practice Act of 1985,"
    25  under medical supervision and approval consistent with standing
    26  orders or protocols of a hospital. These services shall include:
    27         (1)  The use of extracorporeal circulation, long-term
    28     cardiopulmonary support techniques, including extracorporeal
    29     carbon dioxide removal, extracorporeal membrane oxygenation
    30     and associated therapeutic and diagnostic techniques.
    20060S1106B1573                  - 3 -     

     1         (2)  Counterpulsion, ventricular assistance,
     2     autotransfusion, blood and blood component conservation
     3     techniques, myocardial and organ preservation, extracorporeal
     4     life support and isolated limb perfusion.
     5         (3)  Blood and blood component management techniques,
     6     advanced life support and other related functions.
     7         (4)  In the performance of the acts described in
     8     paragraphs (1) through (3):
     9             (i)  The administration of:
    10                 (A)  Pharmacological and therapeutic agents.
    11                 (B)  Blood products or anesthetic agents through
    12             the extracorporeal circuit or through an intravenous
    13             line in conjunction with extracorporeal support,
    14             under the supervision of the treating physician.
    15             (ii)  The performance and use of:
    16                 (A)  Anticoagulation monitoring and analysis.
    17                 (B)  Physiologic monitoring and analysis.
    18                 (C)  Blood gas and chemistry monitoring and
    19             analysis.
    20                 (D)  Hematologic monitoring and analysis.
    21                 (E)  Hypothermia.
    22                 (F)  Hyperthermia.
    23                 (G)  Normothermia.
    24                 (H)  Hemoconcentration and hemodilution.
    25                 (I)  Hemodialysis in conjunction with perfusion
    26             service.
    27             (iii)  The observation of signs and symptoms related
    28         to perfusion services, the determination of whether the
    29         signs and symptoms exhibit abnormal characteristics and
    30         the implementation of appropriate reporting, perfusion
    20060S1106B1573                  - 4 -     

     1         protocols or changes in or the initiation of emergency
     2         procedures.
     3     (e)  Exemptions.--The following persons may perform
     4  perfusion, as indicated:
     5         (1)  A person licensed under any other section of this
     6     act or any other law of this Commonwealth, while engaging in
     7     the practice for which the person is licensed.
     8         (2)  A student enrolled in an accredited perfusion
     9     education program if perfusion performed by the student:
    10             (i)  is an integral part of the student's course of
    11         study; and
    12             (ii)  is performed under the direct supervision of a
    13         perfusionist who is assigned to supervise the student and
    14         who is on duty and immediately available in the assigned
    15         patient care area.
    16         (3)  A graduate of an accredited perfusion education
    17     program, if perfusion services:
    18             (i)  are necessary to fulfill the eligibility
    19         requirements for a certification examination; and
    20             (ii)  are performed under the supervision and
    21         responsibility of a perfusionist who is on duty and
    22         assigned to supervise the graduate.
    23         (4)  A legally qualified person employed by the Federal
    24     Government to practice perfusion while in the discharge of
    25     the person's official duties.
    26     (f)  Qualifications.--An applicant shall be licensed to
    27  practice perfusion under this act if the applicant meets all of
    28  the following qualifications and has otherwise complied with the
    29  provisions of this act:
    30         (1)  The person is at least 18 years of age.
    20060S1106B1573                  - 5 -     

     1         (2)  The person is of good moral character.
     2         (3)  The person has completed an application form
     3     provided by the board.
     4         (4)  The person has successfully completed a perfusion
     5     education program approved by the board.
     6         (5)  The person is certified as a certified clinical
     7     perfusionist by a certifying agency approved by the board.
     8     The certification shall include an examination approved by
     9     the board.
    10     (g)  Certain certified persons not graduates of accredited
    11  programs.--Within two years of the effective date of this
    12  section, an applicant who was not a graduate of an accredited
    13  program prior to 1981, but met the then-current eligibility
    14  requirements for certification as a certified clinical
    15  perfusionist and subsequently was certified, shall be licensed
    16  as a perfusionist if the applicant otherwise complies with the
    17  provisions of this act.
    18     Section 4.  This act shall take effect in 60 days.








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