PRIOR PRINTER'S NO. 1573 PRINTER'S NO. 2055
No. 1106 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 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 MEDICINE <--
13 or the 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 AND THE SECTION IS AMENDED BY <--
17 ADDING SUBSECTIONS to read:
18 Section 2.1. State Board of Osteopathic Medicine.
19 (a) The State Board of Osteopathic Medicine shall consist of
20 the Commissioner of Professional and Occupational Affairs or his
21 designee; the Secretary of Health or his designee; two members
22 appointed by the Governor who shall be persons representing the
23 public at large; one member appointed by the Governor who shall
24 be a respiratory care practitioner, a perfusionist, a physician
25 assistant or a certified athletic trainer; and six members
26 appointed by the Governor who shall be graduates of a legally
27 incorporated and reputable college of [osteopathy] OSTEOPATHIC <--
28 MEDICINE and shall have been licensed to practice osteopathic
29 medicine under the laws of this Commonwealth and shall have been
30 engaged in the practice of [osteopathy] OSTEOPATHIC MEDICINE in <--
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1 this Commonwealth for a period of at least five years. All
2 professional and public members of the board shall be appointed
3 by the Governor with the advice and consent of a majority of the
4 members elected to the Senate. The Governor shall assure that
5 respiratory care practitioners, physician assistants and
6 certified athletic trainers are appointed to four-year terms on
7 a rotating basis.
8 * * *
9 (I) ALL APPLICATION AND LICENSURE FEES SHALL BE SET BY THE <--
10 BOARD AND SUBMITTED BY APPLICANTS AND LICENSEES TO THE BOARD.
11 (J) ANY ACTION TO DENY, SUSPEND, RESTRICT OR RESCIND THE
12 LICENSE OF A PERFUSIONIST LICENSED BY THE STATE BOARD OF
13 MEDICINE SHALL BE REFERRED TO THAT BOARD FOR APPROPRIATE ACTION.
14 THE STATE BOARD OF MEDICINE SHALL CONVEY ANY DENIAL, SUSPENSION,
15 RESTRICTION OR RESCISSION TO THE STATE BOARD OF OSTEOPATHIC
16 MEDICINE.
17 (K) THE BOARD SHALL ADOPT, PROMULGATE AND ENFORCE RULES AND
18 REGULATIONS CONSISTENT WITH THE PROVISIONS OF THIS ACT
19 ESTABLISHING REQUIREMENTS OF CONTINUING EDUCATION TO BE MET BY
20 INDIVIDUALS HOLDING LICENSURE AS PERFUSIONISTS UNDER THIS ACT AS
21 A CONDITION FOR LICENSE RENEWAL. INDIVIDUALS SHALL ACQUIRE A
22 MINIMUM OF THIRTY CONTINUING EDUCATION UNITS AS A CONDITION OF
23 BIENNIAL RENEWAL. THE REGULATIONS MAY INCLUDE ANY FEES NECESSARY
24 FOR THE BOARD TO CARRY OUT ITS RESPONSIBILITIES UNDER THIS
25 SECTION.
26 Section 3. The act is amended by adding a section to read:
27 Section 13.3. Perfusionist.
28 (a) License required.--Eighteen months after the effective
29 date of this section, it shall be unlawful for any person to
30 hold himself out to the public as a perfusionist or to practice
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1 or offer to practice perfusion unless the person holds a valid,
2 current license issued by the board or the State Board of
3 Osteopathic Medical Examiners MEDICINE. <--
4 (b) Use of title.--A perfusionist who holds a valid, current
5 license issued by either board may use the title perfusionist or
6 licensed perfusionist, or an appropriate abbreviation of the
7 title, such as "LP."
8 (c) Regulations.--The board is authorized to promulgate
9 regulations to implement this section.
10 (d) Supervision and scope of practice.--A perfusionist may
11 perform perfusion to an individual being treated by a physician
12 licensed under this act or the act of December 20, 1985
13 (P.L.457, No.112), known as the "Medical Practice Act of 1985,"
14 under medical supervision and approval consistent with standing
15 orders or protocols of a hospital. HOSPITAL THAT ARE PROMULGATED <--
16 AND APPROVED BY THE PHYSICIAN DESIGNATED AS THE MEDICAL DIRECTOR
17 OF THE CARDIOVASCULAR SURGERY PROGRAM. These services shall
18 include:
19 (1) The use of extracorporeal circulation, long-term
20 cardiopulmonary support techniques, including extracorporeal
21 carbon dioxide removal, extracorporeal membrane oxygenation
22 and associated therapeutic and diagnostic techniques.
23 (2) Counterpulsion, ventricular assistance,
24 autotransfusion, blood and blood component conservation
25 techniques, myocardial and organ preservation, extracorporeal
26 life support and isolated limb perfusion.
27 (3) Blood and blood component management techniques,
28 advanced life support and other related functions.
29 (4) In the performance of the acts described in
30 paragraphs (1) through (3):
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1 (i) The administration of:
2 (A) Pharmacological and therapeutic agents.
3 (B) Blood products or anesthetic agents through
4 the extracorporeal circuit or through an intravenous
5 line in conjunction with extracorporeal support,
6 under the supervision of the treating physician.
7 (ii) The performance and use of:
8 (A) Anticoagulation monitoring and analysis.
9 (B) Physiologic monitoring and analysis.
10 (C) Blood gas and chemistry monitoring and
11 analysis.
12 (D) Hematologic monitoring and analysis.
13 (E) Hypothermia.
14 (F) Hyperthermia.
15 (G) Normothermia.
16 (H) Hemoconcentration and hemodilution.
17 (I) Hemodialysis in conjunction with perfusion
18 service.
19 (iii) The observation of signs and symptoms related
20 to perfusion services, the determination of whether the
21 signs and symptoms exhibit abnormal characteristics and
22 the implementation of appropriate reporting, perfusion
23 protocols or changes in or the initiation of emergency
24 procedures.
25 (e) Exemptions.--The following persons may perform
26 perfusion, as indicated:
27 (1) A person licensed under any other section of this
28 act or any other law of this Commonwealth, while engaging in
29 the practice for which the person is licensed.
30 (2) A student enrolled in an accredited perfusion
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1 education program if perfusion performed by the student:
2 (i) is an integral part of the student's course of
3 study; and
4 (ii) is performed under the direct supervision of a
5 perfusionist who is assigned to supervise the student and
6 who is on duty and immediately available in the assigned
7 patient care area.
8 (3) A graduate of an accredited perfusion education <--
9 program, if perfusion services:
10 (i) are necessary to fulfill the eligibility
11 requirements for a certification examination; and
12 (ii) are performed under the supervision and
13 responsibility of a perfusionist who is on duty and
14 assigned to supervise the graduate.
15 (4) (3) A legally qualified person employed by the <--
16 Federal Government to practice perfusion while in the
17 discharge of the person's official duties.
18 (f) Qualifications.--An applicant shall be licensed to
19 practice perfusion under this act if the applicant meets all of
20 the following qualifications and has otherwise complied with the
21 provisions of this act:
22 (1) The person is at least 18 years of age.
23 (2) The person is of good moral character.
24 (3) The person has completed an application form
25 provided by the board.
26 (4) The person has successfully completed a perfusion
27 education program approved by the board.
28 (5) The person is certified as a certified clinical
29 perfusionist by a certifying agency approved by the board.
30 The certification shall include an examination approved by
20060S1106B2055 - 6 -
1 the board.
2 (6) THE PERSON COMPLIES WITH THE COURSE OF CONTINUING <--
3 EDUCATION PRESCRIBED BY THE BOARD.
4 (g) Certain certified persons not graduates of accredited
5 programs.--Within two years of the effective date of this
6 section, an applicant who was not a graduate of an accredited
7 program prior to 1981, but met the then-current eligibility
8 requirements for certification as a certified clinical
9 perfusionist and subsequently was certified, shall be licensed
10 as a perfusionist if the applicant otherwise complies with the
11 provisions of this act.
12 (H) TEMPORARY LICENSE.-- <--
13 (1) A TEMPORARY GRADUATE LICENSE MAY BE GRANTED BY THE
14 BOARD FOR A PERIOD OF NO MORE THAN TWO YEARS TO A PERSON WHO
15 HAS COMPLETED THE EDUCATION REQUIREMENTS OF THIS ACT IN ALL
16 OF THE FOLLOWING CATEGORIES:
17 (I) A PERSON WHO HAS APPLIED FOR A LICENSE UNDER
18 SECTION 10 AND WHO IS IN THE JUDGMENT OF THE BOARD
19 ELIGIBLE TO TAKE THE EXAMINATION UNDER SUBSECTION (F).
20 (II) THE ISSUANCE BY THE BOARD OF A TEMPORARY
21 LICENSE SHALL AUTHORIZE THE PRACTICE OF PERFUSION ONLY
22 UNDER THE SUPERVISION AND DIRECTION OF A PERFUSIONIST
23 LICENSED UNDER THIS ACT.
24 (2) A TEMPORARY PROVISIONAL LICENSE MAY BE GRANTED TO A
25 PERSON ENGAGED IN THE PERFORMANCE OF PERFUSION SERVICES WHO
26 IS A NONRESIDENT OF THIS COMMONWEALTH AND NOT LICENSED UNDER
27 THIS ACT IF THE SERVICES OF THE LICENSEE ARE PERFORMED FOR A
28 PERIOD OF NO MORE THAN SIX CONSECUTIVE MONTHS AND ARE
29 PERFORMED IN ASSOCIATION WITH A PERFUSIONIST LICENSED UNDER
30 THIS ACT AND ONE OF THE FOLLOWING APPLIES:
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1 (I) THE PERSON IS LICENSED UNDER THE LAWS OF A
2 STATE, THE DISTRICT OF COLUMBIA OR TERRITORY OF THE
3 UNITED STATES WHICH HAS LICENSURE REQUIREMENTS
4 SUBSTANTIALLY EQUAL TO THE REQUIREMENTS OF THIS ACT.
5 (II) THE PERSON HAS MET THE REQUIREMENTS FOR
6 CERTIFICATION AS A PERFUSIONIST ESTABLISHED BY THE STATE
7 BOARD OF MEDICINE.
8 (III) A PERSON WHO HAS APPLIED FOR A LICENSE UNDER
9 SECTION 10 AND HAS FAILED THE REQUIRED EXAMINATION UNDER
10 SUBSECTION (F) SHALL HAVE THEIR TEMPORARY LICENSE EXPIRE
11 IMMEDIATELY UPON NOTICE.
12 Section 4. This act shall take effect in 60 days.
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