Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1180
Barcode 841980
CHAMBER ACTION
Senate House
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05/02/2005 10:20 AM .
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11 Senator Peaden moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 4, lines 27 and 28, delete those lines
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16 and insert:
17 Section 5. Effective January 1, 2006, section
18 458.3476, Florida Statutes, is created to read:
19 458.3476 Clinical perfusionist.--
20 (1) DEFINITIONS.--As used in this section, the term:
21 (a) "Approved program" means a program for the
22 education and training of clinical perfusion which has been
23 approved by the boards as provided in subsection (5).
24 (b) "Boards" means the Board of Medicine and the Board
25 of Osteopathic Medicine.
26 (c) "Clinical perfusionist" means a person who has
27 graduated from an approved program, who is licensed to perform
28 medical services, and who is prescribed, delegated, or
29 supervised by a licensed physician.
30 (d) "Clinical perfusion" means the functions necessary
31 for the support, treatment, measurement, or supplementation of
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1 the cardiovascular, circulatory, or respiratory systems or
2 other organs, or a combination of those activities, and the
3 safe management of physiologic functions by monitoring and
4 analyzing the parameters of the systems under an order and the
5 supervision of a licensed physician, through extracorporeal
6 circulation, long-term clinical support techniques, including
7 extracorporeal carbon-dioxide removal and extracorporeal
8 membrane oxygenation, and associated therapeutic and
9 diagnostic technologies, such as counter-pulsation,
10 ventricular assistance, autotransfusion, blood conservation
11 techniques, myocardial and organ preservation, extracorporeal
12 life support, isolated limb perfusion, therapeutic aphaeresis,
13 and platelet-rich plasma sequestration.
14 (e) "Clinical perfusionists' licensing committee"
15 means the clinical perfusion licensing committee appointed by
16 the board.
17 (f) "Continuing medical education" means courses
18 recognized and approved by the boards, the American Academy of
19 Physician Assistants, the American Medical Association, the
20 American Osteopathic Association, the American Board of
21 Cardiovascular Perfusion, or the Accreditation Council on
22 Continuing Medical Education.
23 (g) "Direct supervision" means on-site, personal
24 supervision by a licensed clinical perfusionist who is present
25 when a procedure is being performed and who is in all
26 instances immediately available to provide assistance and
27 direction to the clinical perfusionist while clinical
28 perfusion services are being performed.
29 (h) "Extracorporeal circulation" means the diversion
30 of a patient's blood through a heart-lung machine or a similar
31 device that assumes the functions of the patient's heart,
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for SB 1180
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1 lungs, kidney, liver, or other organs.
2 (i) "Trainee" means a person who is currently enrolled
3 in an approved program.
4 (j) "Perfusion protocols" means perfusion-related
5 policies and protocols developed or approved by a licensed
6 health facility or a physician through collaboration with
7 administrators, licensed clinical perfusionists, and other
8 health care professionals.
9 (k) "Proficiency examination" means an entry-level
10 examination approved by the boards, including examinations
11 administered by the American Board of Cardiovascular Perfusion
12 (ABCP).
13 (l) "Provisional licensed perfusionist" means a person
14 provisionally licensed under this section.
15 (m) "Supervising physician" means an allopathic
16 physician who holds an active license.
17 (n) "Temporarily licensed perfusionist" means a person
18 granted a temporary license under this section.
19 (2) PERFORMANCE OF A SUPERVISING PHYSICIAN.--A
20 physician who supervises a clinical perfusionist must be
21 qualified in the medical areas in which the clinical
22 perfusionist performs.
23 (3)(a) PERFORMANCE OF CLINICAL PERFUSIONISTS.--A
24 clinical perfusionist may perform duties established by rule
25 by the board, including the following duties that are included
26 in the clinical perfusionist's protocol, while prescribed by a
27 physician or under the supervision of a physician:
28 1. Perform extracorporeal circulation/clinical
29 support;
30 2. Perform or administer counter-pulsation;
31 3. Perform circulatory support and ventricular
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Bill No. CS for SB 1180
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1 assistance;
2 4. Perform extracorporeal membrane oxygenation (ECMO)
3 and extracorporeal life support (ECLS);
4 5. Perform blood conservation techniques,
5 autotransfusion, and blood component sequestration;
6 6. Perform myocardial preservation;
7 7. Perform coagulation and hemotalogic monitoring;
8 8. Perform physiological monitoring;
9 9. Perform blood gas and blood chemistry monitoring;
10 10. Perform induction of hypothermia or hyperthermia
11 with reversal;
12 11. Perform hemodilution;
13 12. Perform hemofiltration;
14 13. Administer blood, blood products, supportive
15 fluids, and anesthetic agents via the extracorporeal circuit;
16 14. Complete documentation associated with described
17 duties;
18 15. Perform isolated limb and organ perfusion;
19 16. Provide surgical assistance;
20 17. Perform organ preservation;
21 18. Perform dialysis while the patient is on clinical
22 bypass;
23 19. Perform therapeutic apheresis;
24 20. Administer blood, blood products and supportive
25 fluids via the therapeutic apheresis circuit; and
26 21. Perform pacemaker lead and battery analysis.
27 (b) This section or chapter does not prevent
28 third-party payors from reimbursing employers of clinical
29 perfusionists for covered services rendered by such clinical
30 perfusionists.
31 (c) A clinical perfusionist shall clearly convey to a
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1 patient that he or she is a clinical perfusionist.
2 (d) A clinical perfusionist may perform medical tasks
3 and services within the framework of a written practice
4 protocol developed between the supervising physician and the
5 clinical perfusionist.
6 (e) A clinical perfusionist may not prescribe, order,
7 compound, or dispense any controlled substance, legend drug,
8 or medical device to any patient. This paragraph does not
9 prohibit a clinical perfusionist from administering legend
10 drugs, controlled substances, intravenous drugs, fluids, or
11 blood products that are ordered by the physician and
12 administered to a patient while under the orders of such
13 physician.
14 (4) PERFORMANCE BY TRAINEES.--The practice of a
15 trainee is exempt from the requirements of this chapter while
16 the trainee is performing assigned tasks as a trainee in
17 conjunction with an approved program. Before providing
18 clinical perfusion in conjunction with the requirements of an
19 approved program, the trainee shall clearly convey to the
20 patient that he or she is a trainee and is under direct
21 supervision.
22 (5) PROGRAM APPROVAL.--The boards shall approve
23 programs for the education and training of clinical
24 perfusionists which meet standards established by board rules.
25 The boards may recommend only those programs for clinical
26 perfusionist training which hold full accreditation or
27 provisional accreditation from the Commission on Accreditation
28 of Allied Health Education Programs.
29 (6) CLINICAL PERFUSIONIST LICENSURE.--
30 (a) Any person seeking to be licensed as a clinical
31 perfusionist must apply to the department. The department
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1 shall issue a license to any person certified by the board to:
2 1. Be at least 18 years of age.
3 2. Have satisfactorily passed a proficiency
4 examination established by the American Board of
5 Cardiovascular Perfusion (ABCP). The board, on receipt of an
6 application and application fee, shall waive the examination
7 requirement for an applicant who at the time of application:
8 a. Is appropriately licensed or certified by another
9 state, territory, or possession of the United States if the
10 requirements of that state, territory, or possession for the
11 license or certificate are the substantial equivalent of the
12 requirements of this section determined by the board; or
13 b. Holds a current certificate as a certified clinical
14 perfusionist issued by the American Board of Cardiovascular
15 Perfusion (ABCP) or its successor before July 1, 2005.
16 3. Be certified in basic cardiac life support.
17 4. Have completed the application form and remitted an
18 application fee, not to exceed $1,500, as set by the board. An
19 application must include:
20 a. A certificate of completion of an approved program;
21 b. A sworn statement of any prior felony convictions;
22 c. A sworn statement of any prior discipline or denial
23 of licensure or certification in any state; and
24 d. Two letters of recommendation, one from a physician
25 and one from a certified or licensed clinical perfusionist.
26
27 Before January 1, 2006, a person is eligible to apply to the
28 board and receive a license notwithstanding the requirements
29 of this subsection if the person was actively engaged in the
30 practice of perfusion consistent with applicable law, and if
31 the person was operating cardiopulmonary bypass systems during
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1 cardiac surgical cases in a licensed health care facility as
2 the person's primary function and had been operating the
3 system for 10 of the 12 years preceding application for
4 licensure.
5 (b) A license must be renewed biennially. Each renewal
6 must include:
7 1. A renewal fee, not to exceed $1,500, as set by the
8 board; and
9 2. A sworn statement of no felony convictions in the
10 immediately preceding 2 years.
11 (c) Each licensed clinical perfusionist shall
12 biennially complete continuing medical education as required
13 by the board.
14 (d)1. A license as a provisionally licensed
15 perfusionist may be issued by the board to a person who has
16 successfully completed an approved perfusion education program
17 and the filing of an application, payment of an application
18 fee, and the submission of evidence satisfactory to the board
19 of the successful completion of the requisite education
20 requirements.
21 2. A provisionally licensed perfusionist must be under
22 the supervision and direction of a licensed perfusionist at
23 all times during which the provisional licensed perfusionist
24 performs perfusion. Rules adopted by the board governing such
25 supervision and direction may not require the immediate
26 physical presence of the supervising licensed perfusionist.
27 3. A provisional license is valid for 2 years from the
28 date it is issued and may be extended subject to rule by the
29 board. The application for extension must be signed by a
30 supervising licensed perfusionist. Upon notification by the
31 approved testing service, or the board, that any portion of
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1 the licensing examination has been failed after the 2-year
2 provisional license term, the provisional license must be
3 surrendered to the board.
4 (e) A license as a temporarily licensed perfusionist
5 may be issued by the department to a person who has
6 successfully completed the perfusion licensure application.
7 (f) The Board of Medicine may impose upon a clinical
8 perfusionist any penalty specified in s. 456.072 or s.
9 458.331(2) if the clinical perfusionist is found guilty of or
10 is investigated for an act that constitutes a violation of
11 this chapter or chapter 456.
12 (7) CARDIOVASCULAR SURGEON AND CLINICAL PERFUSIONIST
13 TO ADVISE THE BOARD.--
14 (a) The chairperson of the board may appoint a
15 cardiovascular surgeon and a certified clinical perfusionist
16 to advise the board as to the adoption of rules for the
17 licensure of clinical perfusionists. The board may use a
18 committee structure that is most practicable in order to
19 receive any recommendations to the board regarding rules and
20 all matters relating to clinical perfusionists, including, but
21 not limited to, recommendations to improve safety in the
22 clinical practices of licensed clinical perfusionists.
23 (b) In addition to its other duties and
24 responsibilities as prescribed by law, the board shall:
25 1. Recommend to the department the licensure of
26 clinical perfusionists.
27 2. Develop rules regulating the use of clinical
28 perfusionists under this chapter and chapter 459, except for
29 rules relating to the formulary developed under s. 458.347(4).
30 The board shall also develop rules to ensure that the
31 continuity of supervision is maintained in each practice
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1 setting. The boards shall consider adopting a proposed rule at
2 the regularly scheduled meeting immediately following the
3 submission of the proposed rule. A proposed rule may not be
4 adopted by either board unless both boards have accepted and
5 approved the identical language contained in the proposed
6 rule. The language of all proposed rules must be approved by
7 both boards pursuant to each respective board's guidelines and
8 standards regarding the adoption of proposed rules.
9 3. Address concerns and problems of clinical
10 perfusionists to improve safety in the clinical practices of
11 licensed clinical perfusionists.
12 (c) When the board finds that an applicant for
13 licensure has failed to meet, to the board's satisfaction,
14 each of the requirements for licensure set forth in this
15 section, the board may enter an order to:
16 1. Refuse to certify the applicant for licensure;
17 2. Approve the applicant for licensure with
18 restrictions on the scope of practice or license; or
19 3. Approve the applicant for conditional licensure.
20 Such conditions may include placement of the applicant on
21 probation for a period of time and subject to such conditions
22 as the board specifies, including, but not limited to,
23 requiring the applicant to undergo treatment, to attend
24 continuing education courses, or to take corrective action.
25 (8) PENALTY.--A person who falsely holds himself or
26 herself out as a clinical perfusionist commits a felony of the
27 third degree, punishable as provided in s. 775.082, s.
28 775.083, or s. 775.084.
29 (9) DENIAL, SUSPENSION, OR REVOCATION OF
30 LICENSURE.--The boards may deny, suspend, or revoke the
31 license of a clinical perfusionist whom one of the boards
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1 determines has violated any provision of this section,
2 chapter, or any rule adopted pursuant thereto.
3 (10) RULES.--The boards shall adopt rules to
4 administer this section.
5 (11) FEES.--The department shall allocate the fees
6 collected under this section to the boards.
7 (12) EXEMPTIONS.--
8 (a) This section may not be construed to limit the
9 practice of a physician licensed under this chapter or a
10 respiratory therapist licensed under chapter 468, so long as
11 that person does not hold himself or herself out to the public
12 as possessing a license, provisional license, registration, or
13 certificate issued under this section or use a professional
14 title protected by this section.
15 (b) This section may not be construed to limit the
16 practice of nursing or to prevent qualified members of other
17 professions from doing work of a nature consistent with their
18 training and licensure so long as those persons do not hold
19 themselves out to the public as possessing a license,
20 provisional license, registration, or certificate issued under
21 this section or use a professional title protected by this
22 section.
23 (c) A person need not be licensed under this section
24 who:
25 1. Is licensed in this state under any other law and
26 is engaging in the profession or occupation for which he or
27 she is licensed.
28 2. Is a qualified person in this state or another
29 state or territory who is employed by the United States
30 Government or an agency thereof while discharging his or her
31 official duties.
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1 3. Is a student providing services regulated under
2 this chapter who is:
3 a. Pursuing a course of study that leads to a degree
4 in a profession regulated by this chapter;
5 b. Providing services in a training setting, as long
6 as such services and associated activities constitute part of
7 a supervised course of study; and
8 c. Designated by the title "trainee."
9 4. Is not a resident of this state but offers services
10 in this state, provided that:
11 a. Such services are performed in this state for no
12 more than 15 days in any calendar year; and
13 b. Such nonresident is licensed or certified by a
14 state or territory of the United States or by a foreign
15 country or province.
16 (d) Except as stipulated by the board, the exemptions
17 in this subsection do not apply to any person licensed under
18 this section whose license has been revoked or suspended by
19 the board or whose license or certification in another
20 jurisdiction has been revoked or suspended by the licensing or
21 certifying authority in that jurisdiction.
22 (e) This subsection may not be construed to exempt a
23 person from meeting the minimum standards of performance in
24 professional activities when measured against generally
25 prevailing peer performance, including the undertaking of
26 activities for which the person is not qualified by training
27 or experience.
28 (13) PAYMENT OR REIMBURSEMENT BY HOSPITALS OF COSTS OF
29 COMPLIANCE WITH PART.--A hospital is not required to pay for,
30 or reimburse any person for, the costs of compliance with any
31 requirement of this part, including costs of continuing
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1 education.
2 Section 6. Effective January 1, 2006, section 456.048,
3 Florida Statutes, is amended to read:
4 456.048 Financial responsibility requirements for
5 certain health care practitioners.--
6 (1) As a prerequisite for licensure or license
7 renewal, the Board of Acupuncture, the Board of Chiropractic
8 Medicine, the Board of Podiatric Medicine, and the Board of
9 Dentistry shall, by rule, require that all health care
10 practitioners licensed under the respective board, and the
11 Board of Medicine and the Board of Osteopathic Medicine shall,
12 by rule, require that all anesthesiologist assistants licensed
13 pursuant to s. 458.3475 or s. 459.023 and clinical
14 perfusionists licensed pursuant to s. 458.3476 or s. 459.025,
15 and the Board of Nursing shall, by rule, require that advanced
16 registered nurse practitioners certified under s. 464.012, and
17 the department shall, by rule, require that midwives maintain
18 medical malpractice insurance or provide proof of financial
19 responsibility in an amount and in a manner determined by the
20 board or department to be sufficient to cover claims arising
21 out of the rendering of or failure to render professional care
22 and services in this state.
23 (2) The board or department may grant exemptions upon
24 application by practitioners meeting any of the following
25 criteria:
26 (a) Any person licensed under chapter 457, s.
27 458.3475, s. 458.3476, s. 459.023, s. 459.025, chapter 460,
28 chapter 461, s. 464.012, chapter 466, or chapter 467 who
29 practices exclusively as an officer, employee, or agent of the
30 Federal Government or of the state or its agencies or its
31 subdivisions. For the purposes of this subsection, an agent
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1 of the state, its agencies, or its subdivisions is a person
2 who is eligible for coverage under any self-insurance or
3 insurance program authorized by the provisions of s.
4 768.28(16) or who is a volunteer under s. 110.501(1).
5 (b) Any person whose license or certification has
6 become inactive under chapter 457, s. 458.3475, s. 458.3476,
7 s. 459.023, s. 459.025, chapter 460, chapter 461, part I of
8 chapter 464, chapter 466, or chapter 467 and who is not
9 practicing in this state. Any person applying for
10 reactivation of a license must show either that such licensee
11 maintained tail insurance coverage which provided liability
12 coverage for incidents that occurred on or after October 1,
13 1993, or the initial date of licensure in this state,
14 whichever is later, and incidents that occurred before the
15 date on which the license became inactive; or such licensee
16 must submit an affidavit stating that such licensee has no
17 unsatisfied medical malpractice judgments or settlements at
18 the time of application for reactivation.
19 (c) Any person holding a limited license pursuant to
20 s. 456.015, and practicing under the scope of such limited
21 license.
22 (d) Any person licensed or certified under chapter
23 457, s. 458.3475, s. 458.3476, s. 459.023, s. 459.025, chapter
24 460, chapter 461, s. 464.012, chapter 466, or chapter 467 who
25 practices only in conjunction with his or her teaching duties
26 at an accredited school or in its main teaching hospitals.
27 Such person may engage in the practice of medicine to the
28 extent that such practice is incidental to and a necessary
29 part of duties in connection with the teaching position in the
30 school.
31 (e) Any person holding an active license or
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1 certification under chapter 457, s. 458.3475, s. 458.3476, s.
2 459.023, s. 459.025, chapter 460, chapter 461, s. 464.012,
3 chapter 466, or chapter 467 who is not practicing in this
4 state. If such person initiates or resumes practice in this
5 state, he or she must notify the department of such activity.
6 (f) Any person who can demonstrate to the board or
7 department that he or she has no malpractice exposure in the
8 state.
9 (3) Notwithstanding the provisions of this section,
10 the financial responsibility requirements of ss. 458.320 and
11 459.0085 shall continue to apply to practitioners licensed
12 under those chapters, except for clinical perfusionists
13 licensed pursuant to s. 458.3476 or s. 459.025 and
14 anesthesiologist assistants licensed pursuant to s. 458.3475
15 or s. 459.023 who must meet the requirements of this section.
16 Section 7. Effective January 1, 2006, section 459.025,
17 Florida Statutes, is created to read:
18 459.025 Clinical perfusionist.--
19 (1) DEFINITIONS.--As used in this section, the term:
20 (a) "Approved program" means a program for the
21 education and training of clinical perfusion which has been
22 approved by the boards as provided in subsection (5).
23 (b) "Boards" means the Board of Medicine and the Board
24 of Osteopathic Medicine.
25 (c) "Clinical perfusionist" means a person who has
26 graduated from an approved program, who is licensed to perform
27 medical services, and who is prescribed, delegated, or
28 supervised by a licensed physician.
29 (d) "Clinical perfusion" means the functions necessary
30 for the support, treatment, measurement, or supplementation of
31 the cardiovascular, circulatory, or respiratory systems or
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1 other organs, or a combination of those activities, and the
2 safe management of physiologic functions by monitoring and
3 analyzing the parameters of the systems under an order and the
4 supervision of a licensed osteopathic physician, through
5 extracorporeal circulation, long-term clinical support
6 techniques, including extracorporeal carbon-dioxide removal
7 and extracorporeal membrane oxygenation, and associated
8 therapeutic and diagnostic technologies, such as counter
9 pulsation, ventricular assistance, autotransfusion, blood
10 conservation techniques, myocardial and organ preservation,
11 extracorporeal life support, isolated limb perfusion,
12 therapeutic aphaeresis, and platelet-rich plasma
13 sequestration.
14 (e) "Clinical perfusionists' licensing committee"
15 means the clinical perfusion licensing committee appointed by
16 the board.
17 (f) "Continuing medical education" means courses
18 recognized and approved by the boards, the American Academy of
19 Physician Assistants, the American Medical Association, the
20 American Osteopathic Association, the American Board of
21 Cardiovascular Perfusion, or the Accreditation Council on
22 Continuing Medical Education.
23 (g) "Direct supervision" means on-site, personal
24 supervision by a licensed clinical perfusionist who is present
25 when a procedure is being performed and who is in all
26 instances immediately available to provide assistance and
27 direction to the clinical perfusionist while clinical
28 perfusion services are being performed.
29 (h) "Extracorporeal circulation" means the diversion
30 of a patient's blood through a heart-lung machine or a similar
31 device that assumes the functions of the patient's heart,
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1 lungs, kidneys, liver, or other organs.
2 (i) "Trainee" means a person who is currently enrolled
3 in an approved program.
4 (j) "Perfusion protocols" means perfusion-related
5 policies and protocols developed or approved by a licensed
6 health facility or a physician through collaboration with
7 administrators, licensed clinical perfusionists, and other
8 health care professionals.
9 (k) "Proficiency examination" means an entry-level
10 examination approved by the boards, including examinations
11 administered by the American Board of Cardiovascular Perfusion
12 (ABCP).
13 (l) "Provisional licensed perfusionist" means a person
14 provisionally licensed under this section.
15 (m) "Supervising physician" means an osteopathic
16 physician who holds an active license.
17 (n) "Temporarily licensed perfusionist" means a person
18 granted a temporary license under this section.
19 (2) PERFORMANCE OF A SUPERVISING PHYSICIAN.--A
20 physician who supervises a clinical perfusionist must be
21 qualified in the medical areas in which the clinical
22 perfusionist performs.
23 (3)(a) PERFORMANCE OF CLINICAL PERFUSIONISTS.--A
24 clinical perfusionist may perform duties established by rule
25 by the board including the following duties that are included
26 in the clinical perfusionist's protocol, while prescribed by a
27 physician or under the supervision of an osteopathic
28 physician:
29 1. Perform extracorporeal circulation/clinical
30 support;
31 2. Perform or administer counter-pulsation;
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1 3. Perform circulatory support and ventricular
2 assistance;
3 4. Perform extracorporeal membrane oxygenation (ECMO)
4 and extracorporeal life support (ECLS);
5 5. Perform blood conservation techniques,
6 autotransfusion, and blood component sequestration;
7 6. Perform myocardial preservation;
8 7. Perform coagulation and hemotalogic monitoring;
9 8. Perform physiological monitoring;
10 9. Perform blood gas and blood chemistry monitoring;
11 10. Perform induction of hypothermia or hyperthermia
12 with reversal;
13 11. Perform hemodilution;
14 12. Perform hemofiltration;
15 13. Administer blood, blood products, supportive
16 fluids, and anesthetic agents via the extracorporeal circuit;
17 14. Complete documentation associated with described
18 duties;
19 15. Perform isolated limb and organ perfusion;
20 16. Provide surgical assistance;
21 17. Perform organ preservation;
22 18. Perform dialysis while the patient is on clinical
23 bypass;
24 19. Perform therapeutic apheresis;
25 20. Administer blood, blood products and supportive
26 fluids via the therapeutic apheresis circuit; and
27 21. Perform pacemaker lead and battery analysis.
28 (b) This section or chapter does not prevent
29 third-party payors from reimbursing employers of clinical
30 perfusionists for covered services rendered by such clinical
31 perfusionists.
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1 (c) A clinical perfusionist shall clearly convey to a
2 patient that he or she is a clinical perfusionist.
3 (d) A clinical perfusionist may perform medical tasks
4 and services within the framework of a written practice
5 protocol developed between the supervising physician and the
6 clinical perfusionist.
7 (e) A clinical perfusionist may not prescribe, order,
8 compound, or dispense any controlled substance, legend drug,
9 or medical device to any patient. This paragraph does not
10 prohibit a clinical perfusionist from administering legend
11 drugs, controlled substances, intravenous drugs, fluids, or
12 blood products that are ordered by the physician and
13 administered to a patient while under the orders of such
14 physician.
15 (4) PERFORMANCE BY TRAINEES.--The practice of a
16 trainee is exempt from the requirements of this chapter while
17 the trainee is performing assigned tasks as a trainee in
18 conjunction with an approved program. Before providing
19 clinical perfusion in conjunction with the requirements of an
20 approved program, the trainee shall clearly convey to the
21 patient that he or she is a trainee and is under direct
22 supervision.
23 (5) PROGRAM APPROVAL.--The boards shall approve
24 programs for the education and training of clinical
25 perfusionists which meet standards established by board rules.
26 The boards may recommend only those programs for clinical
27 perfusionist training which hold full accreditation or
28 provisional accreditation from the Commission on Accreditation
29 of Allied Health Education Programs.
30 (6) CLINICAL PERFUSIONIST LICENSURE.--
31 (a) Any person seeking to be licensed as a clinical
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1 perfusionist must apply to the department. The department
2 shall issue a license to any person certified by the board to:
3 1. Be at least 18 years of age.
4 2. Have satisfactorily passed a proficiency
5 examination established by the American Board of
6 Cardiovascular Perfusion (ABCP). The board, on receipt of an
7 application and application fee, shall waive the examination
8 requirement for an applicant who at the time of application:
9 a. Is appropriately licensed or certified by another
10 state, territory, or possession of the United States if the
11 requirements of that state, territory, or possession for the
12 license or certificate are the substantial equivalent of the
13 requirements of this section determined by the board; or
14 b. Holds a current certificate as a certified clinical
15 perfusionist issued by the American Board of Cardiovascular
16 Perfusion (ABCP) or its successor before July 1, 2005.
17 3. Be certified in basic cardiac life support.
18 4. Have completed the application form and remitted an
19 application fee, not to exceed $1,500, as set by the board. An
20 application must include:
21 a. A certificate of completion of an approved program;
22 b. A sworn statement of any prior felony convictions;
23 c. A sworn statement of any prior discipline or denial
24 of licensure or certification in any state; and
25 d. Two letters of recommendation, one from a physician
26 and one from a certified or licensed clinical perfusionist.
27
28 Before January 1, 2006, a person is eligible to apply to the
29 board and receive a license notwithstanding the requirements
30 of this subsection if the person was actively engaged in the
31 practice of perfusion consistent with applicable law, and if
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1 the person was operating cardiopulmonary bypass systems during
2 cardiac surgical cases in a licensed health care facility as
3 the person's primary function and had been operating the
4 system for 10 of the 12 years preceding application for
5 licensure.
6 (b) A license must be renewed biennially. Each renewal
7 must include:
8 1. A renewal fee, not to exceed $1,500, as set by the
9 board; and
10 2. A sworn statement of no felony convictions in the
11 immediately preceding 2 years.
12 (c) Each licensed clinical perfusionist shall
13 biennially complete continuing medical education as required
14 by the board.
15 (d)1. A license as a provisional licensed perfusionist
16 may be issued by the board to a person who has successfully
17 completed an approved perfusion education program and the
18 filing of an application, payment of an application fee, and
19 the submission of evidence satisfactory to the board of the
20 successful completion of the requisite education requirements.
21 2. A provisionally licensed perfusionist must be under
22 the supervision and direction of a licensed perfusionist at
23 all times during which the provisional licensed perfusionist
24 performs perfusion. Rules adopted by the board governing such
25 supervision and direction may not require the immediate
26 physical presence of the supervising licensed perfusionist.
27 3. A provisional license is valid for 2 years from the
28 date it is issued and may be extended subject to rule by the
29 board. The application for extension must be signed by a
30 supervising licensed perfusionist. Upon notification by the
31 approved testing service, or the board, that any portion of
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1 the licensing examination has been failed after the 2-year
2 provisional license term, the provisional license must be
3 surrendered to the board.
4 (e) A license as a temporarily licensed perfusionist
5 may be issued by the department to a person who has
6 successfully completed the perfusion licensure application.
7 (f) The Board of Osteopathic Medicine may impose upon
8 a clinical perfusionist any penalty specified in s. 456.072 or
9 s. 458.331(2) if the clinical perfusionist is found guilty of
10 or is investigated for an act that constitutes a violation of
11 this chapter or chapter 456.
12 (7) CARDIOVASCULAR SURGEON AND CLINICAL PERFUSIONIST
13 TO ADVISE THE BOARD.--
14 (a) The chairperson of the board may appoint a
15 cardiovascular surgeon and a certified clinical perfusionist
16 to advise the board as to the adoption of rules for the
17 licensure of clinical perfusionists. The board may use a
18 committee structure that is most practicable in order to
19 receive any recommendations to the board regarding rules and
20 all matters relating to clinical perfusionists, including, but
21 not limited to, recommendations to improve safety in the
22 clinical practices of licensed clinical perfusionists.
23 (b) In addition to its other duties and
24 responsibilities as prescribed by law, the board shall:
25 1. Recommend to the department the licensure of
26 clinical perfusionists.
27 2. Develop rules regulating the use of clinical
28 perfusionists under this chapter and chapter 458, except for
29 rules relating to the formulary developed under s. 458.347(4).
30 The board shall also develop rules to ensure that the
31 continuity of supervision is maintained in each practice
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1 setting. The boards shall consider adopting a proposed rule at
2 the regularly scheduled meeting immediately following the
3 submission of the proposed rule. A proposed rule may not be
4 adopted by either board unless both boards have accepted and
5 approved the identical language contained in the proposed
6 rule. The language of all proposed rules must be approved by
7 both boards pursuant to each respective board's guidelines and
8 standards regarding the adoption of proposed rules.
9 3. Address concerns and problems of clinical
10 perfusionists to improve safety in the clinical practices of
11 licensed clinical perfusionists.
12 (c) When the board finds that an applicant for
13 licensure has failed to meet, to the board's satisfaction,
14 each of the requirements for licensure set forth in this
15 section, the board may enter an order to:
16 1. Refuse to certify the applicant for licensure;
17 2. Approve the applicant for licensure with
18 restrictions on the scope of practice or license; or
19 3. Approve the applicant for conditional licensure.
20 Such conditions may include placement of the applicant on
21 probation for a period of time and subject to such conditions
22 as the board specifies, including, but not limited to,
23 requiring the applicant to undergo treatment, to attend
24 continuing education courses, or to take corrective action.
25 (8) PENALTY.--A person who falsely holds himself or
26 herself out as a clinical perfusionist commits:
27 (a) For the first offense, a misdemeanor of the first
28 degree, punishable as provided in s. 775.082, s. 775.083, or
29 s. 775.084.
30 (b) For the second or subsequent offense, a felony of
31 the third degree, punishable as provided in s. 775.082, s.
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1 775.083, or s. 775.084.
2 (9) DENIAL, SUSPENSION, OR REVOCATION OF
3 LICENSURE.--The boards may deny, suspend, or revoke the
4 license of a clinical perfusionist whom one of the boards
5 determines has violated any provision of this section,
6 chapter, or any rule adopted pursuant thereto.
7 (10) RULES.--The boards shall adopt rules to
8 administer this section.
9 (11) FEES.--The department shall allocate the fees
10 collected under this section to the boards.
11 (12) EXEMPTIONS.--
12 (a) This section may not be construed to limit the
13 practice of an osteopathic physician licensed under this
14 chapter or a respiratory therapist licensed under chapter 468,
15 so long as that person does not hold himself or herself out to
16 the public as possessing a license, provisional license,
17 registration, or certificate issued under this section or use
18 a professional title protected by this section.
19 (b) This section may not be construed to limit the
20 practice of nursing or to prevent qualified members of other
21 professions from doing work of a nature consistent with their
22 training and licensure so long as those persons do not hold
23 themselves out to the public as possessing a license,
24 provisional license, registration, or certificate issued under
25 this section or use a professional title protected by this
26 section.
27 (c) A person need not be licensed under this section
28 who:
29 1. Is licensed in this state under any other law and
30 is engaging in the profession or occupation for which he or
31 she is licensed.
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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 8. Except as otherwise expressly provided in
7 this act, this act shall take effect January 1, 2006.
8
9
10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 1, line 11, delete that line
13
14 and insert:
15 creating ss. 458.3476 and 459.025, F.S.;
16 providing definitions; requiring a supervising
17 physician to be qualified in the medical area
18 in which the clinical perfusionist performs;
19 prescribing duties of a clinical perfusionist;
20 requiring a clinical perfusionist to convey
21 that he or she is a clinical perfusionist to a
22 patient; authorizing a clinical perfusionist to
23 perform medical tasks and services within a
24 certain protocol; prohibiting a clinical
25 perfusionist from prescribing, ordering,
26 compounding, or dispensing certain drugs or a
27 medical device; providing that a clinical
28 perfusionist may administer certain drugs,
29 fluids, and blood products under the
30 supervision of a physician; exempting a trainee
31 from requirements of a clinical perfusionist;
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1 requiring board approval of training programs
2 for clinical perfusionists; providing licensure
3 requirements; providing provisional licensing
4 requirements; providing for a temporary license
5 as a clinical perfusionist; authorizing the
6 Board of Medicine and the Board of Osteopathic
7 Medicine to impose a penalty against a clinical
8 perfusionist found guilty of or investigated
9 for violating ch. 456, ch. 458, or ch. 459,
10 F.S.; authorizing the chair of each board to
11 appoint certain persons to advise the board
12 regarding rules for the licensure of clinical
13 perfusionists; providing duties of each board;
14 providing a penalty for any person who falsely
15 holds himself or herself out as a clinical
16 perfusionist; providing for the denial,
17 suspension, or revocation of a license;
18 requiring each board to adopt rules; requiring
19 the Department of Health to allocate collected
20 fees to each board; providing exemptions from
21 clinical perfusionist licensure requirements;
22 providing that hospitals are not obligated to
23 pay certain costs; amending s. 456.048, F.S.;
24 specifying financial responsibility
25 requirements for clinical perfusionists;
26 providing effective dates.
27
28
29
30
31
26
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