Senate Bill sb2372c1

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    Florida Senate - 2005                           CS for SB 2372

    By the Committee on Health Care; and Senator Peaden





    587-2359-05

  1                      A bill to be entitled

  2         An act relating to clinical perfusionists;

  3         creating ss. 458.3476 and 459.025, F.S.;

  4         providing definitions; requiring a supervising

  5         physician to be qualified in the medical area

  6         in which the clinical perfusionist performs;

  7         prescribing duties of a clinical perfusionist;

  8         requiring a clinical perfusionist to convey

  9         that he or she is a clinical perfusionist to a

10         patient; authorizing a clinical perfusionist to

11         perform medical tasks and services within a

12         certain protocol; prohibiting a clinical

13         perfusionist from prescribing, ordering,

14         compounding, or dispensing certain drugs or a

15         medical device; providing that a clinical

16         perfusionist may administer certain drugs,

17         fluids, and blood products under the

18         supervision of a physician; exempting a trainee

19         from requirements of a clinical perfusionist;

20         requiring board approval of training programs

21         for clinical perfusionists; providing licensure

22         requirements; providing provisional licensing

23         requirements; providing for a temporary license

24         as a clinical perfusionist; authorizing the

25         Board of Medicine and the Board of Osteopathic

26         Medicine to impose a penalty against a clinical

27         perfusionist found guilty of or investigated

28         for violating ch. 456, ch. 458, or ch. 459,

29         F.S.; authorizing the chair of each board to

30         appoint certain persons to advise the board

31         regarding rules for the licensure of clinical

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 1         perfusionists; providing duties of each board;

 2         providing a penalty for any person who falsely

 3         holds himself or herself out as a clinical

 4         perfusionist; providing for the denial,

 5         suspension, or revocation of a license;

 6         requiring each board to adopt rules; requiring

 7         the Department of Health to allocate fees

 8         collected to each board; providing exemptions

 9         from clinical perfusionist licensure

10         requirements; excluding hospitals from payment

11         of certain costs; amending s. 456.048, F.S.;

12         specifying financial responsibility

13         requirements for clinical perfusionists;

14         providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Section 458.3476, Florida Statutes, is

19  created to read:

20         458.3476  Clinical perfusionist.--

21         (1)  DEFINITIONS.--As used in this section, the term:

22         (a)  "Approved program" means a program for the

23  education and training of clinical perfusion which has been

24  approved by the boards as provided in subsection (5).

25         (b)  "Boards" means the Board of Medicine and the Board

26  of Osteopathic Medicine.

27         (c)  "Clinical perfusionist" means a person who has

28  graduated from an approved program, who is licensed to perform

29  medical services, and who is prescribed, delegated, or

30  supervised by a licensed physician.

31  

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 1         (d)  "Clinical perfusion" means the functions necessary

 2  for the support, treatment, measurement, or supplementation of

 3  the cardiovascular, circulatory, or respiratory systems or

 4  other organs, or a combination of those activities, and the

 5  safe management of physiologic functions by monitoring and

 6  analyzing the parameters of the systems under an order and the

 7  supervision of a licensed physician, through extracorporeal

 8  circulation, long-term clinical support techniques, including

 9  extracorporeal carbon-dioxide removal and extracorporeal

10  membrane oxygenation, and associated therapeutic and

11  diagnostic technologies, such as counter pulsation,

12  ventricular assistance, auto transfusion, blood conservation

13  techniques, myocardial and organ preservation, extracorporeal

14  life support, isolated limb perfusion, therapeutic aphaeresis,

15  and platelet rich plasma sequestration.

16         (e)  "Clinical perfusionists' licensing committee"

17  means the clinical perfusion licensing committee appointed by

18  the board.

19         (f)  "Continuing medical education" means courses

20  recognized and approved by the boards, the American Academy of

21  Physician Assistants, the American Medical Association, the

22  American Osteopathic Association, the American Board of

23  Cardiovascular Perfusion, or the Accreditation Council on

24  Continuing Medical Education.

25         (g)  "Direct supervision" means the on-site, personal

26  supervision by a licensed clinical perfusionist who is present

27  when a procedure is being performed and who is in all

28  instances immediately available to provide assistance and

29  direction to the clinical perfusionist while clinical

30  perfusion services are being performed.

31  

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 1         (h)  "Extracorporeal circulation" means the diversion

 2  of a patient's blood through a heart-lung machine or a similar

 3  device that assumes the functions of the patient's heart,

 4  lungs, kidney, liver, or other organs.

 5         (i)  "Trainee" means a person who is currently enrolled

 6  in an approved program.

 7         (j)  "Perfusion protocols" means perfusion-related

 8  policies and protocols developed or approved by a licensed

 9  health facility or a physician through collaboration with

10  administrators, licensed clinical perfusionists, and other

11  health care professionals.

12         (k)  "Proficiency examination" means an entry-level

13  examination approved by the boards, including examinations

14  administered by the American Board of Cardiovascular Perfusion

15  (ABCP).

16         (l)  "Provisional licensed perfusionist" means a person

17  provisionally licensed under this section.

18         (m)  "Supervising physician" means an allopathic

19  physician who holds an active license.

20         (n)  "Temporarily licensed perfusionist" means a person

21  granted a temporary license under this section.

22         (2)  PERFORMANCE OF A SUPERVISING PHYSICIAN.--A

23  physician who supervises a clinical perfusionist must be

24  qualified in the medical areas in which the clinical

25  perfusionist performs.

26         (3)(a)  PERFORMANCE OF CLINICAL PERFUSIONISTS.--A

27  clinical perfusionist may perform duties established by rule

28  by the board, including the following duties that are included

29  in the clinical perfusionist's protocol, while prescribed by a

30  physician or under the supervision of a physician:

31  

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 1         1.  Perform extracorporeal circulation/clinical

 2  support;

 3         2.  Perform or administer counter pulsation;

 4         3.  Perform circulatory support and ventricular

 5  assistance;

 6         4.  Perform extracorporeal membrane oxygenation (ECMO)

 7  and extracorporeal life support (ECLS);

 8         5.  Perform blood conservation techniques,

 9  autotransfusion, and blood component sequestration;

10         6.  Perform myocardial preservation;

11         7.  Perform coagulation and hemotalogic monitoring;

12         8.  Perform physiological monitoring;

13         9.  Perform blood gas and blood chemistry monitoring;

14         10.  Perform induction of hypothermia or hyperthermia

15  with reversal;

16         11.  Perform hemodilution;

17         12.  Perform hemofiltration;

18         13.  Administer blood, blood products, supportive

19  fluids, and anesthetic agents via the extracorporeal circuit;

20         14.  Complete documentation associated with described

21  duties;

22         15.  Perform isolated limb and organ perfusion;

23         16.  Provide surgical assistance;

24         17.  Perform organ preservation;

25         18.  Perform dialysis while on clinical bypass;

26         19.  Perform therapeutic apheresis;

27         20.  Administer blood, blood products and supportive

28  fluids via the therapeutic apheresis circuit; and

29         21.  Perform pacemaker lead and battery analysis.

30         (b)  This section or chapter does not prevent

31  third-party payors from reimbursing employers of clinical

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 1  perfusionists for covered services rendered by such clinical

 2  perfusionists.

 3         (c)  A clinical perfusionist shall clearly convey to a

 4  patient that he or she is a clinical perfusionist.

 5         (d)  A clinical perfusionist may perform medical tasks

 6  and services within the framework of a written practice

 7  protocol developed between the supervising physician and the

 8  clinical perfusionist.

 9         (e)  A clinical perfusionist may not prescribe, order,

10  compound, or dispense any controlled substance, legend drug,

11  or medical device to any patient. This paragraph does not

12  prohibit a clinical perfusionist from administering legend

13  drugs, controlled substances, intravenous drugs, fluids, or

14  blood products that are ordered by the physician and

15  administered to a patient while under the orders of such

16  physician.

17         (4)  PERFORMANCE BY TRAINEES.--The practice of a

18  trainee is exempt from the requirements of this chapter while

19  the trainee is performing assigned tasks as a trainee in

20  conjunction with an approved program. Before providing

21  clinical perfusion in conjunction with the requirements of an

22  approved program, the trainee shall clearly convey to the

23  patient that he or she is a trainee and is under direct

24  supervision.

25         (5)  PROGRAM APPROVAL.--The boards shall approve

26  programs for the education and training of clinical

27  perfusionists which meet standards established by board rules.

28  The boards may recommend only those programs for clinical

29  perfusionists training which hold full accreditation or

30  provisional accreditation from the Commission on Accreditation

31  of Allied Health Education Programs.

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 1         (6)  CLINICAL PERFUSIONIST LICENSURE.--

 2         (a)  Any person seeking to be licensed as a clinical

 3  perfusionist must apply to the department. The department

 4  shall issue a license to any person certified by the board to:

 5         1.  Be at least 18 years of age.

 6         2.  Have satisfactorily passed a proficiency

 7  examination established by the American Board of

 8  Cardiovascular Perfusion (ABCP). The board, on receipt of an

 9  application and application fee, shall waive the examination

10  requirement for an applicant who at the time of application:

11         a.  Is appropriately licensed or certified by another

12  state, territory, or possession of the United States if the

13  requirements of that state, territory, or possession for the

14  license or certificate are the substantial equivalent of the

15  requirements of this section determined by the board; or

16         b.  Holds a current certificate as a certified clinical

17  perfusionist issued by the American Board of Cardiovascular

18  Perfusion (ABCP), or its successor before July 1, 2005.

19         3.  Be certified in basic cardiac life support.

20         4.  Have completed the application form and remitted an

21  application fee, not to exceed $1,500, as set by the

22  department. An application must include:

23         a.  A certificate of completion of an approved program;

24         b.  A sworn statement of any prior felony convictions;

25         c.  A sworn statement of any prior discipline or denial

26  of licensure or certification in any state; and

27         d.  Two letters of recommendation, one from a physician

28  and one from a certified or licensed clinical perfusionist.

29  

30  Before January 1, 2006, a person is eligible to apply to the

31  board and receive a license notwithstanding the requirements

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 1  of this subsection if the person was actively engaged in the

 2  practice of perfusion consistent with applicable law, and if

 3  the person was operating cardiopulmonary bypass systems during

 4  cardiac surgical cases in a licensed health care facility as

 5  the person's primary function and had been operating the

 6  system for 10 of the 12 years preceding application for

 7  licensure.

 8         (b)  A license must be renewed biennially. Each renewal

 9  must include:

10         1.  A renewal fee, not to exceed $1,500, as set by the

11  department; and

12         2.  A sworn statement of no felony convictions in the

13  immediately preceding 2 years.

14         (c)  Each licensed clinical perfusionist shall

15  biennially complete continuing medical education as required

16  by the board.

17         (d)1.  A license as a provisional licensed perfusionist

18  may be issued by the board to a person who has successfully

19  completed an approved perfusion education program and the

20  filing of an application, payment of an application fee, and

21  the submission of evidence satisfactory to the board of the

22  successful completion of the requisite education requirements.

23         2.  A provisional licensed perfusionist is under the

24  supervision and direction of a licensed perfusionist at all

25  times during which the provisional licensed perfusionist

26  performs perfusion. Rules adopted by the board governing such

27  supervision and direction may not require the immediate

28  physical presence of the supervising licensed perfusionist.

29         3.  A provisional license is valid for 2 years from the

30  date it is issued and may be extended subject to rule by the

31  board. The application for extension must be signed by a

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 1  supervising licensed perfusionist. Upon notification by the

 2  approved testing service, or the board, that any portion of

 3  the licensing examination has been failed after the 2-year

 4  provisional license term, the provisional license must be

 5  surrendered to the board.

 6         (e)  A license as a temporarily licensed perfusionist

 7  may be issued by the department to a person who has

 8  successfully completed the perfusion licensure application.

 9         (f)  The Board of Medicine may impose upon a clinical

10  perfusionist any penalty specified in s. 456.072 or s.

11  458.331(2) if the clinical perfusionist is found guilty of or

12  is investigated for an act that constitutes a violation of

13  this chapter or chapter 456.

14         (7)  CARDIOVASCULAR SURGEON AND CLINICAL PERFUSIONIST

15  TO ADVISE THE BOARD.--

16         (a)  The chairperson of the board may appoint a

17  cardiovascular surgeon and a certified clinical perfusionist

18  to advise the board as to the adoption of rules for the

19  licensure of clinical perfusionists. The board may use a

20  committee structure that is most practicable in order to

21  receive any recommendations to the board regarding rules and

22  all matters relating to clinical perfusionists, including, but

23  not limited to, recommendations to improve safety in the

24  clinical practices of licensed clinical perfusionists.

25         (b)  In addition to its other duties and

26  responsibilities as prescribed by law, the board shall:

27         1.  Recommend to the department the licensure of

28  clinical perfusionists.

29         2.  Develop rules regulating the use of clinical

30  perfusionists under this chapter and chapter 459, except for

31  rules relating to the formulary developed under s. 458.347(4).

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 1  The board shall also develop rules to ensure that the

 2  continuity of supervision is maintained in each practice

 3  setting. The boards shall consider adopting a proposed rule at

 4  the regularly scheduled meeting immediately following the

 5  submission of the proposed rule. A proposed rule may not be

 6  adopted by either board unless both boards have accepted and

 7  approved the identical language contained in the proposed

 8  rule. The language of all proposed rules must be approved by

 9  both boards pursuant to each respective board's guidelines and

10  standards regarding the adoption of proposed rules.

11         3.  Address concerns and problems of clinical

12  perfusionists to improve safety in the clinical practices of

13  licensed clinical perfusionists.

14         (c)  When the board finds that an applicant for

15  licensure has failed to meet, to the board's satisfaction,

16  each of the requirements for licensure set forth in this

17  section, the board may enter an order to:

18         1.  Refuse to certify the applicant for licensure;

19         2.  Approve the applicant for licensure with

20  restrictions on the scope of practice or license; or

21         3.  Approve the applicant for conditional licensure.

22  Such conditions may include placement of the applicant on

23  probation for a period of time and subject to such conditions

24  as the board specifies, including, but not limited to,

25  requiring the applicant to undergo treatment, to attend

26  continuing education courses, or to take corrective action.

27         (8)  PENALTY.--A person who falsely holds himself or

28  herself out as a clinical perfusionist commits a felony of the

29  third degree, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084.

31  

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 1         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

 2  LICENSURE.--The boards may deny, suspend, or revoke the

 3  license of a clinical perfusionist whom the board determines

 4  has violated any provision of this section, chapter, or any

 5  rule adopted pursuant thereto.

 6         (10)  RULES.--The boards shall adopt rules to

 7  administer this section.

 8         (11)  FEES.--The department shall allocate the fees

 9  collected under this section to the boards.

10         (12)  EXEMPTIONS.--

11         (a)  This section may not be construed to limit the

12  practice of a physician licensed under this chapter or a

13  respiratory therapist licensed under chapter 468, so long as

14  that person does not hold himself or herself out to the public

15  as possessing a license, provisional license, registration, or

16  certificate issued under this section or use a professional

17  title protected by this section.

18         (b)  This section may not be construed to limit the

19  practice of nursing or to prevent qualified members of other

20  professions from doing work of a nature consistent with their

21  training and licensure, so long as those persons do not hold

22  themselves out to the public as possessing a license,

23  provisional license, registration, or certificate issued under

24  this section or use a professional title protected by this

25  section.

26         (c)  A person need not be licensed under this section

27  who:

28         1.  Is licensed in this state under any other law and

29  is engaging in the profession or occupation for which he or

30  she is licensed.

31  

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 1         2.  Is a qualified person in this state or another

 2  state or territory who is employed by the United States

 3  Government or an agency thereof while discharging his or her

 4  official duties.

 5         3.  Is a student providing services regulated under

 6  this chapter who is:

 7         a.  Pursuing a course of study that leads to a degree

 8  in a profession regulated by this chapter;

 9         b.  Providing services in a training setting, as long

10  as such services and associated activities constitute part of

11  a supervised course of study; and

12         c.  Designated by the title "trainee."

13         4.  Is not a resident of this state but offers services

14  in this state, provided that:

15         a.  Such services are performed in this state for no

16  more than 15 days in any calendar year; and

17         b.  Such nonresident is licensed or certified by a

18  state or territory of the United States or by a foreign

19  country or province.

20         (d)  Except as stipulated by the board, the exemptions

21  in this subsection do not apply to any person licensed under

22  this section whose license has been revoked or suspended by

23  the board or whose license or certification in another

24  jurisdiction has been revoked or suspended by the licensing or

25  certifying authority in that jurisdiction.

26         (e)  This subsection may not be construed to exempt a

27  person from meeting the minimum standards of performance in

28  professional activities when measured against generally

29  prevailing peer performance, including the undertaking of

30  activities for which the person is not qualified by training

31  or experience.

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 1         (13) PAYMENT OR REIMBURSEMENT BY HOSPITALS OF COSTS OF

 2  COMPLIANCE WITH PART.--A hospital is not required to pay for,

 3  or reimburse any person for, the costs of compliance with any

 4  requirement of this part, including costs of continuing

 5  education.

 6         Section 2.  Section 456.048, Florida Statutes, is

 7  amended to read:

 8         456.048  Financial responsibility requirements for

 9  certain health care practitioners.--

10         (1)  As a prerequisite for licensure or license

11  renewal, the Board of Acupuncture, the Board of Chiropractic

12  Medicine, the Board of Podiatric Medicine, and the Board of

13  Dentistry shall, by rule, require that all health care

14  practitioners licensed under the respective board, and the

15  Board of Medicine and the Board of Osteopathic Medicine shall,

16  by rule, require that all anesthesiologist assistants licensed

17  pursuant to s. 458.3475 or s. 459.023 and clinical

18  perfusionists licensed pursuant to s. 458.3476 or s. 459.025,

19  and the Board of Nursing shall, by rule, require that advanced

20  registered nurse practitioners certified under s. 464.012, and

21  the department shall, by rule, require that midwives maintain

22  medical malpractice insurance or provide proof of financial

23  responsibility in an amount and in a manner determined by the

24  board or department to be sufficient to cover claims arising

25  out of the rendering of or failure to render professional care

26  and services in this state.

27         (2)  The board or department may grant exemptions upon

28  application by practitioners meeting any of the following

29  criteria:

30         (a)  Any person licensed under chapter 457, s.

31  458.3475, s. 458.3476, s. 459.023, s. 459.025, chapter 460,

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 1  chapter 461, s. 464.012, chapter 466, or chapter 467 who

 2  practices exclusively as an officer, employee, or agent of the

 3  Federal Government or of the state or its agencies or its

 4  subdivisions.  For the purposes of this subsection, an agent

 5  of the state, its agencies, or its subdivisions is a person

 6  who is eligible for coverage under any self-insurance or

 7  insurance program authorized by the provisions of s.

 8  768.28(16) or who is a volunteer under s. 110.501(1).

 9         (b)  Any person whose license or certification has

10  become inactive under chapter 457, s. 458.3475, s. 458.3476,

11  s. 459.023, s. 459.025, chapter 460, chapter 461, part I of

12  chapter 464, chapter 466, or chapter 467 and who is not

13  practicing in this state.  Any person applying for

14  reactivation of a license must show either that such licensee

15  maintained tail insurance coverage which provided liability

16  coverage for incidents that occurred on or after October 1,

17  1993, or the initial date of licensure in this state,

18  whichever is later, and incidents that occurred before the

19  date on which the license became inactive; or such licensee

20  must submit an affidavit stating that such licensee has no

21  unsatisfied medical malpractice judgments or settlements at

22  the time of application for reactivation.

23         (c)  Any person holding a limited license pursuant to

24  s. 456.015, and practicing under the scope of such limited

25  license.

26         (d)  Any person licensed or certified under chapter

27  457, s. 458.3475, s. 458.3476, s. 459.023, s. 459.025 chapter

28  460, chapter 461, s. 464.012, chapter 466, or chapter 467 who

29  practices only in conjunction with his or her teaching duties

30  at an accredited school or in its main teaching hospitals.

31  Such person may engage in the practice of medicine to the

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 1  extent that such practice is incidental to and a necessary

 2  part of duties in connection with the teaching position in the

 3  school.

 4         (e)  Any person holding an active license or

 5  certification under chapter 457, s. 458.3475, s. 458.3476, s.

 6  459.023, s. 459.025, chapter 460, chapter 461, s. 464.012,

 7  chapter 466, or chapter 467 who is not practicing in this

 8  state.  If such person initiates or resumes practice in this

 9  state, he or she must notify the department of such activity.

10         (f)  Any person who can demonstrate to the board or

11  department that he or she has no malpractice exposure in the

12  state.

13         (3)  Notwithstanding the provisions of this section,

14  the financial responsibility requirements of ss. 458.320 and

15  459.0085 shall continue to apply to practitioners licensed

16  under those chapters, except for clinical perfusionists

17  licensed pursuant to s. 458.3476 or s. 459.025 and

18  anesthesiologist assistants licensed pursuant to s. 458.3475

19  or s. 459.023 who must meet the requirements of this section.

20         Section 3.  Section 459.025, Florida Statutes, is

21  created to read:

22         459.025  Clinical perfusionist.--

23         (1)  DEFINITIONS.--As used in this section, the term:

24         (a)  "Approved program" means a program for the

25  education and training of clinical perfusion which has been

26  approved by the boards as provided in subsection (5).

27         (b)  "Boards" means the Board of Medicine and the Board

28  of Osteopathic Medicine.

29         (c)  "Clinical perfusionist" means a person who has

30  graduated from an approved program, who is licensed to perform

31  

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 1  medical services, and who is prescribed, delegated, or

 2  supervised by a licensed physician.

 3         (d)  "Clinical perfusion" means the functions necessary

 4  for the support, treatment, measurement, or supplementation of

 5  the cardiovascular, circulatory, or respiratory systems or

 6  other organs, or a combination of those activities, and the

 7  safe management of physiologic functions by monitoring and

 8  analyzing the parameters of the systems under an order and the

 9  supervision of a licensed osteopathic physician, through

10  extracorporeal circulation, long-term clinical support

11  techniques, including extracorporeal carbon-dioxide removal

12  and extracorporeal membrane oxygenation, and associated

13  therapeutic and diagnostic technologies, such as counter

14  pulsation, ventricular assistance, auto transfusion, blood

15  conservation techniques, myocardial and organ preservation,

16  extracorporeal life support, isolated limb perfusion,

17  therapeutic aphaeresis, and platelet rich plasma

18  sequestration.

19         (e)  "Clinical perfusionists' licensing committee"

20  means the clinical perfusion licensing committee appointed by

21  the board.

22         (f)  "Continuing medical education" means courses

23  recognized and approved by the boards, the American Academy of

24  Physician Assistants, the American Medical Association, the

25  American Osteopathic Association, the American Board of

26  Cardiovascular Perfusion, or the Accreditation Council on

27  Continuing Medical Education.

28         (g)  "Direct supervision" means the on-site, personal

29  supervision by a licensed clinical perfusionist who is present

30  when a procedure is being performed and who is in all

31  instances immediately available to provide assistance and

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 1  direction to the clinical perfusionist while clinical

 2  perfusion services are being performed.

 3         (h)  "Extracorporeal circulation" means the diversion

 4  of a patient's blood through a heart-lung machine or a similar

 5  device that assumes the functions of the patient's heart,

 6  lungs, kidneys, liver, or other organs.

 7         (i)  "Trainee" means a person who is currently enrolled

 8  in an approved program.

 9         (j)  "Perfusion protocols" means perfusion-related

10  policies and protocols developed or approved by a licensed

11  health facility or a physician through collaboration with

12  administrators, licensed clinical perfusionists, and other

13  health care professionals.

14         (k)  "Proficiency examination" means an entry-level

15  examination approved by the boards, including examinations

16  administered by the American Board of Cardiovascular Perfusion

17  (ABCP).

18         (l)  "Provisional licensed perfusionist" means a person

19  provisionally licensed under this section.

20         (m)  "Supervising physician" means an osteopathic

21  physician who holds an active license.

22         (n)  "Temporarily licensed perfusionist" means a person

23  granted a temporary license under this section.

24         (2)  PERFORMANCE OF A SUPERVISING PHYSICIAN.--A

25  physician who supervises a clinical perfusionist must be

26  qualified in the medical areas in which the clinical

27  perfusionist performs.

28         (3)(a)  PERFORMANCE OF CLINICAL PERFUSIONISTS.--A

29  clinical perfusionist may perform duties established by rule

30  by the board, including the following duties that are included

31  in the clinical perfusionist's protocol, while prescribed by a

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 1  physician or under the supervision of an osteopathic

 2  physician:

 3         1.  Perform extracorporeal circulation/clinical

 4  support;

 5         2.  Perform or administer counter pulsation;

 6         3.  Perform circulatory support and ventricular

 7  assistance;

 8         4.  Perform extracorporeal membrane oxygenation (ECMO)

 9  and extracorporeal life support (ECLS);

10         5.  Perform blood conservation techniques,

11  autotransfusion, and blood component sequestration;

12         6.  Perform myocardial preservation;

13         7.  Perform coagulation and hemotalogic monitoring;

14         8.  Perform physiological monitoring;

15         9.  Perform blood gas and blood chemistry monitoring;

16         10.  Perform induction of hypothermia or hyperthermia

17  with reversal;

18         11.  Perform hemodilution;

19         12.  Perform hemofiltration;

20         13.  Administer blood, blood products, supportive

21  fluids, and anesthetic agents via the extracorporeal circuit;

22         14.  Complete documentation associated with described

23  duties;

24         15.  Perform isolated limb and organ perfusion;

25         16.  Provide surgical assistance;

26         17.  Perform organ preservation;

27         18.  Perform dialysis while on clinical bypass;

28         19.  Perform therapeutic apheresis;

29         20.  Administer blood, blood products and supportive

30  fluids via the therapeutic apheresis circuit; and

31         21.  Perform pacemaker lead and battery analysis.

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 1         (b)  This section or chapter does not prevent

 2  third-party payors from reimbursing employers of clinical

 3  perfusionists for covered services rendered by such clinical

 4  perfusionists.

 5         (c)  A clinical perfusionist shall clearly convey to a

 6  patient that he or she is a clinical perfusionist.

 7         (d)  A clinical perfusionist may perform medical tasks

 8  and services within the framework of a written practice

 9  protocol developed between the supervising physician and the

10  clinical perfusionist.

11         (e)  A clinical perfusionist may not prescribe, order,

12  compound, or dispense any controlled substance, legend drug,

13  or medical device to any patient. This paragraph does not

14  prohibit a clinical perfusionist from administering legend

15  drugs, controlled substances, intravenous drugs, fluids, or

16  blood products that are ordered by the physician and

17  administered to a patient while under the orders of such

18  physician.

19         (4)  PERFORMANCE BY TRAINEES.--The practice of a

20  trainee is exempt from the requirements of this chapter while

21  the trainee is performing assigned tasks as a trainee in

22  conjunction with an approved program. Before providing

23  clinical perfusion in conjunction with the requirements of an

24  approved program, the trainee shall clearly convey to the

25  patient that he or she is a trainee and is under direct

26  supervision.

27         (5)  PROGRAM APPROVAL.--The boards shall approve

28  programs for the education and training of clinical

29  perfusionists which meet standards established by board rules.

30  The boards may recommend only those programs for clinical

31  perfusionists training which hold full accreditation or

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 1  provisional accreditation from the Commission on Accreditation

 2  of Allied Health Education Programs.

 3         (6)  CLINICAL PERFUSIONIST LICENSURE.--

 4         (a)  Any person seeking to be licensed as a clinical

 5  perfusionist must apply to the department. The department

 6  shall issue a license to any person certified by the board to:

 7         1.  Be at least 18 years of age.

 8         2.  Have satisfactorily passed a proficiency

 9  examination established by the American Board of

10  Cardiovascular Perfusion (ABCP). The board, on receipt of an

11  application and application fee, shall waive the examination

12  requirement for an applicant who at the time of application:

13         a.  Is appropriately licensed or certified by another

14  state, territory, or possession of the United States if the

15  requirements of that state, territory, or possession for the

16  license or certificate are the substantial equivalent of the

17  requirements of this section determined by the board; or

18         b.  Holds a current certificate as a certified clinical

19  perfusionist issued by the American Board of Cardiovascular

20  Perfusion (ABCP), or its successor before July 1, 2005.

21         3.  Be certified in basic cardiac life support.

22         4.  Have completed the application form and remitted an

23  application fee, not to exceed $1,500, as set by the

24  department. An application must include:

25         a.  A certificate of completion of an approved program;

26         b.  A sworn statement of any prior felony convictions;

27         c.  A sworn statement of any prior discipline or denial

28  of licensure or certification in any state; and

29         d.  Two letters of recommendation, one from a physician

30  and one from a certified or licensed clinical perfusionist.

31  

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 1  Before January 1, 2006, a person is eligible to apply to the

 2  board and receive a license notwithstanding the requirements

 3  of this subsection if the person was actively engaged in the

 4  practice of perfusion consistent with applicable law, and if

 5  the person was operating cardiopulmonary bypass systems during

 6  cardiac surgical cases in a licensed health care facility as

 7  the person's primary function and had been operating the

 8  system for 10 of the 12 years preceding application for

 9  licensure.

10         (b)  A license must be renewed biennially. Each renewal

11  must include:

12         1.  A renewal fee, not to exceed $1,500, as set by the

13  department; and

14         2.  A sworn statement of no felony convictions in the

15  immediately preceding 2 years.

16         (c)  Each licensed clinical perfusionist shall

17  biennially complete continuing medical education as required

18  by the board.

19         (d)1.  A license as a provisional licensed perfusionist

20  may be issued by the board to a person who has successfully

21  completed an approved perfusion education program and the

22  filing of an application, payment of an application fee, and

23  the submission of evidence satisfactory to the board of the

24  successful completion of the requisite education requirements.

25         2.  A provisional licensed perfusionist is under the

26  supervision and direction of a licensed perfusionist at all

27  times during which the provisional licensed perfusionist

28  performs perfusion. Rules adopted by the board governing such

29  supervision and direction may not require the immediate

30  physical presence of the supervising licensed perfusionist.

31  

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 1         3.  A provisional license is valid for 2 years from the

 2  date it is issued and may be extended subject to rule by the

 3  board. The application for extension must be signed by a

 4  supervising licensed perfusionist. Upon notification by the

 5  approved testing service, or the board, that any portion of

 6  the licensing examination has been failed after the 2-year

 7  provisional license term, the provisional license must be

 8  surrendered to the board.

 9         (e)  A license as a temporarily licensed perfusionist

10  may be issued by the department to a person who has

11  successfully completed the perfusion licensure application.

12         (f)  The Board of Osteopathic Medicine may impose upon

13  a clinical perfusionist any penalty specified in s. 456.072 or

14  s. 458.331(2) if the clinical perfusionist is found guilty of

15  or is investigated for an act that constitutes a violation of

16  this chapter or chapter 456.

17         (7)  CARDIOVASCULAR SURGEON AND CLINICAL PERFUSIONIST

18  TO ADVISE THE BOARD.--

19         (a)  The chairperson of the board may appoint a

20  cardiovascular surgeon and a certified clinical perfusionist

21  to advise the board as to the adoption of rules for the

22  licensure of clinical perfusionists. The board may use a

23  committee structure that is most practicable in order to

24  receive any recommendations to the board regarding rules and

25  all matters relating to clinical perfusionists, including, but

26  not limited to, recommendations to improve safety in the

27  clinical practices of licensed clinical perfusionists.

28         (b)  In addition to its other duties and

29  responsibilities as prescribed by law, the board shall:

30         1.  Recommend to the department the licensure of

31  clinical perfusionists.

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 1         2.  Develop rules regulating the use of clinical

 2  perfusionists under this chapter and chapter 458, except for

 3  rules relating to the formulary developed under s. 458.347(4).

 4  The board shall also develop rules to ensure that the

 5  continuity of supervision is maintained in each practice

 6  setting. The boards shall consider adopting a proposed rule at

 7  the regularly scheduled meeting immediately following the

 8  submission of the proposed rule. A proposed rule may not be

 9  adopted by either board unless both boards have accepted and

10  approved the identical language contained in the proposed

11  rule. The language of all proposed rules must be approved by

12  both boards pursuant to each respective board's guidelines and

13  standards regarding the adoption of proposed rules.

14         3.  Address concerns and problems of clinical

15  perfusionists to improve safety in the clinical practices of

16  licensed clinical perfusionists.

17         (c)  When the board finds that an applicant for

18  licensure has failed to meet, to the board's satisfaction,

19  each of the requirements for licensure set forth in this

20  section, the board may enter an order to:

21         1.  Refuse to certify the applicant for licensure;

22         2.  Approve the applicant for licensure with

23  restrictions on the scope of practice or license; or

24         3.  Approve the applicant for conditional licensure.

25  Such conditions may include placement of the applicant on

26  probation for a period of time and subject to such conditions

27  as the board specifies, including, but not limited to,

28  requiring the applicant to undergo treatment, to attend

29  continuing education courses, or to take corrective action.

30         (8)  PENALTY.--A person who falsely holds himself or

31  herself out as a clinical perfusionist commits:

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 1         (a)  For the first offense, a misdemeanor of the first

 2  degree, punishable as provided in s. 775.082, s. 775.083, or

 3  s. 775.084.

 4         (b)  For the second or subsequent offense, a felony of

 5  the third degree, punishable as provided in s. 775.082, s.

 6  775.083, or s. 775.084.

 7         (9)  DENIAL, SUSPENSION, OR REVOCATION OF

 8  LICENSURE.--The boards may deny, suspend, or revoke the

 9  license of a clinical perfusionist whom the board determines

10  has violated any provision of this section, chapter, or any

11  rule adopted pursuant thereto.

12         (10)  RULES.--The boards shall adopt rules to

13  administer this section.

14         (11)  FEES.--The department shall allocate the fees

15  collected under this section to the boards.

16         (12)  EXEMPTIONS.--

17         (a)  This section may not be construed to limit the

18  practice of an osteopathic physician licensed under this

19  chapter or a respiratory therapist licensed under chapter 468,

20  so long as that person does not hold himself or herself out to

21  the public as possessing a license, provisional license,

22  registration, or certificate issued under this section or use

23  a professional title protected by this section.

24         (b)  This section may not be construed to limit the

25  practice of nursing or to prevent qualified members of other

26  professions from doing work of a nature consistent with their

27  training and licensure, so long as those persons do not hold

28  themselves out to the public as possessing a license,

29  provisional license, registration, or certificate issued under

30  this section or use a professional title protected by this

31  section.

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 1         (c)  A person need not be licensed under this section

 2  who:

 3         1.  Is licensed in this state under any other law and

 4  is engaging in the profession or occupation for which he or

 5  she is licensed.

 6         2.  Is a qualified person in this state or another

 7  state or territory who is employed by the United States

 8  Government or an agency thereof while discharging his or her

 9  official duties.

10         3.  Is a student providing services regulated under

11  this chapter who is:

12         a.  Pursuing a course of study that leads to a degree

13  in a profession regulated by this chapter;

14         b.  Providing services in a training setting, as long

15  as such services and associated activities constitute part of

16  a supervised course of study; and

17         c.  Designated by the title "trainee."

18         4.  Is not a resident of this state but offers services

19  in this state, provided that:

20         a.  Such services are performed in this state for no

21  more than 15 days in any calendar year; and

22         b.  Such nonresident is licensed or certified by a

23  state or territory of the United States or by a foreign

24  country or province.

25         (d)  Except as stipulated by the board, the exemptions

26  in this subsection do not apply to any person licensed under

27  this section whose license has been revoked or suspended by

28  the board or whose license or certification in another

29  jurisdiction has been revoked or suspended by the licensing or

30  certifying authority in that jurisdiction.

31  

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 1         (e)  This subsection may not be construed to exempt a

 2  person from meeting the minimum standards of performance in

 3  professional activities when measured against generally

 4  prevailing peer performance, including the undertaking of

 5  activities for which the person is not qualified by training

 6  or experience.

 7         (13) PAYMENT OR REIMBURSEMENT BY HOSPITALS OF COSTS OF

 8  COMPLIANCE WITH PART.--A hospital is not required to pay for,

 9  or reimburse any person for, the costs of compliance with any

10  requirement of this part, including costs of continuing

11  education.

12         Section 4.  This act shall take effect January 1, 2006.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2372

16                                 

17  The Committee Substitute makes the following changes:

18  --  Revises requirements for the licensure of clinical
    perfusionists;
19  
    --  Revises the definition of "clinical perfusion,"
20  "extracorporeal circulation," and "supervising physician";

21  --  Increases the application fee for a clinical
    perfusionist's license from $1,000 to $1,500 as set by the
22  Department of Health rather than the Board of Medicine and
    Board of Osteopathic Medicine;
23  
    --  Revises requirements for continuing education as a
24  condition of licensure renewal so that 40 hours of continuing
    education are not required to be completed each 2 years;
25  
    --  Deletes grounds for which a medical or osteopathic
26  physician may be disciplined for failing to adequately
    supervise a clinical perfusionist;
27  
    --  Creates exemptions from the clinical perfusionist
28  licensure requirements;

29  --  Revises the functions that a clinical perfusionist may
    perform to exclude hemotalogic analysis and blood gas
30  analysis; and

31  --  Requires trainees to be under the direct supervision of a
    clinical perfusionist to perform assigned tasks.
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