Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2372
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CHAMBER ACTION
Senate House
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11 The Committee on Health Care (Peaden) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
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 (d) "Clinical perfusion" means the functions necessary
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1 for the support, treatment, measurement, or supplementation of
2 the cardiovascular, circulatory, or respiratory systems or
3 other organs, or a combination of those activities, and the
4 safe management of physiologic functions by monitoring and
5 analyzing the parameters of the systems under an order and the
6 supervision of a licensed physician, through extracorporeal
7 circulation, long-term clinical support techniques, including
8 extracorporeal carbon-dioxide removal and extracorporeal
9 membrane oxygenation, and associated therapeutic and
10 diagnostic technologies, such as counter pulsation,
11 ventricular assistance, auto transfusion, blood conservation
12 techniques, myocardial and organ preservation, extracorporeal
13 life support, isolated limb perfusion, therapeutic aphaeresis,
14 and platelet rich plasma sequestration.
15 (e) "Clinical perfusionists' licensing committee"
16 means the clinical perfusion licensing committee appointed by
17 the board.
18 (f) "Continuing medical education" means courses
19 recognized and approved by the boards, the American Academy of
20 Physician Assistants, the American Medical Association, the
21 American Osteopathic Association, the American Board of
22 Cardiovascular Perfusion, or the Accreditation Council on
23 Continuing Medical Education.
24 (g) "Direct supervision" means the on-site, personal
25 supervision by a physician who is present when a procedure is
26 being performed and who is in all instances immediately
27 available to provide assistance and direction to the clinical
28 perfusionist while clinical perfusion services are being
29 performed.
30 (h) "Extracorporeal circulation" means the diversion
31 of a patient's blood through a heart-lung machine or a similar
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1 device that assumes the functions of the patient's heart,
2 lungs, kidney, liver, or other organs.
3 (i) "Trainee" means a person who is currently enrolled
4 in an approved program.
5 (j) "Perfusion protocols" means perfusion-related
6 policies and protocols developed or approved by a licensed
7 health facility or a physician through collaboration with
8 administrators, licensed cardiovascular perfusionists, and
9 other health care professionals.
10 (k) "Proficiency examination" means an entry-level
11 examination approved by the boards, including examinations
12 administered by the American Board of Cardiovascular Perfusion
13 (ABCP).
14 (l) "Provisional licensed perfusionist" means a person
15 provisionally licensed under this section.
16 (m) "Supervising physician" means an allopathic
17 physician who holds an active license.
18 (n) "Temporarily licensed perfusionist" means a person
19 granted a temporary license under this section.
20 (2) PERFORMANCE OF A SUPERVISING PHYSICIAN.--A
21 physician who supervises a clinical perfusionist must be
22 qualified in the medical areas in which the clinical
23 perfusionist performs.
24 (3)(a) PERFORMANCE OF CLINICAL PERFUSIONISTS.--A
25 clinical perfusionist may perform duties established by rule
26 by the board, including the following duties that are included
27 in the clinical perfusionist's protocol, while prescribed by a
28 physician or under the supervision of a 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
9 monitoring/analysis;
10 8. Perform physiological analysis and monitoring;
11 9. Perform blood gas and blood chemistry analysis and
12 monitoring;
13 10. Perform induction of hypothermia or hyperthermia
14 with reversal;
15 11. Perform hemodilution;
16 12. Perform hemofiltration;
17 13. Administer blood, blood products, supportive
18 fluids, and anesthetic agents via the extracorporeal circuit;
19 14. Complete documentation associated with described
20 duties;
21 15. Perform isolated limb and organ perfusion;
22 16. Provide surgical assistance;
23 17. Perform organ preservation;
24 18. Perform dialysis while on clinical bypass;
25 19. Perform therapeutic apheresis;
26 20. Administer blood, blood products and supportive
27 fluids via the therapeutic apheresis circuit; and
28 21. Perform pacemaker lead and battery analysis.
29 (b) This section or chapter does not prevent
30 third-party payors from reimbursing employers of clinical
31 perfusionists for covered services rendered by such clinical
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1 perfusionists.
2 (c) A clinical perfusionist shall clearly convey to a
3 patient that he or she is a clinical perfusionist.
4 (d) A clinical perfusionist may perform medical tasks
5 and services within the framework of a written practice
6 protocol developed between the supervising physician and the
7 clinical perfusionist.
8 (e) A clinical perfusionist may not prescribe, order,
9 compound, or dispense any controlled substance, legend drug,
10 or medical device to any patient. This paragraph does not
11 prohibit a clinical perfusionist from administering legend
12 drugs, controlled substances, intravenous drugs, fluids, or
13 blood products that are ordered by the physician and
14 administered to a patient while under the orders of such
15 physician.
16 (4) PERFORMANCE BY TRAINEES.--The practice of a
17 trainee is exempt from the requirements of this chapter while
18 the trainee is performing assigned tasks as a trainee in
19 conjunction with an approved program. Before providing
20 clinical perfusion in conjunction with the requirements of an
21 approved program, the trainee shall clearly convey to the
22 patient that he or she is a trainee.
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 perfusionists 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
20 department. An 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 department; 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 provisional licensed perfusionist is under the
22 supervision and direction of a licensed perfusionist at all
23 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 the board determines
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1 has violated any provision of this section, chapter, or any
2 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 Section 2. Section 456.048, Florida Statutes, is
8 amended to read:
9 456.048 Financial responsibility requirements for
10 certain health care practitioners.--
11 (1) As a prerequisite for licensure or license
12 renewal, the Board of Acupuncture, the Board of Chiropractic
13 Medicine, the Board of Podiatric Medicine, and the Board of
14 Dentistry shall, by rule, require that all health care
15 practitioners licensed under the respective board, and the
16 Board of Medicine and the Board of Osteopathic Medicine shall,
17 by rule, require that all anesthesiologist assistants licensed
18 pursuant to s. 458.3475 or s. 459.023 and clinical
19 perfusionists licensed pursuant to s. 458.3476 or s. 459.025,
20 and the Board of Nursing shall, by rule, require that advanced
21 registered nurse practitioners certified under s. 464.012, and
22 the department shall, by rule, require that midwives maintain
23 medical malpractice insurance or provide proof of financial
24 responsibility in an amount and in a manner determined by the
25 board or department to be sufficient to cover claims arising
26 out of the rendering of or failure to render professional care
27 and services in this state.
28 (2) The board or department may grant exemptions upon
29 application by practitioners meeting any of the following
30 criteria:
31 (a) Any person licensed under chapter 457, s.
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1 458.3475, s. 458.3476, s. 459.023, s. 459.025, chapter 460,
2 chapter 461, s. 464.012, chapter 466, or chapter 467 who
3 practices exclusively as an officer, employee, or agent of the
4 Federal Government or of the state or its agencies or its
5 subdivisions. For the purposes of this subsection, an agent
6 of the state, its agencies, or its subdivisions is a person
7 who is eligible for coverage under any self-insurance or
8 insurance program authorized by the provisions of s.
9 768.28(16) or who is a volunteer under s. 110.501(1).
10 (b) Any person whose license or certification has
11 become inactive under chapter 457, s. 458.3475, s. 458.3476,
12 s. 459.023, s. 459.025, chapter 460, chapter 461, part I of
13 chapter 464, chapter 466, or chapter 467 and who is not
14 practicing in this state. Any person applying for
15 reactivation of a license must show either that such licensee
16 maintained tail insurance coverage which provided liability
17 coverage for incidents that occurred on or after October 1,
18 1993, or the initial date of licensure in this state,
19 whichever is later, and incidents that occurred before the
20 date on which the license became inactive; or such licensee
21 must submit an affidavit stating that such licensee has no
22 unsatisfied medical malpractice judgments or settlements at
23 the time of application for reactivation.
24 (c) Any person holding a limited license pursuant to
25 s. 456.015, and practicing under the scope of such limited
26 license.
27 (d) Any person licensed or certified under chapter
28 457, s. 458.3475, s. 458.3476, s. 459.023, s. 459.025 chapter
29 460, chapter 461, s. 464.012, chapter 466, or chapter 467 who
30 practices only in conjunction with his or her teaching duties
31 at an accredited school or in its main teaching hospitals.
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1 Such person may engage in the practice of medicine to the
2 extent that such practice is incidental to and a necessary
3 part of duties in connection with the teaching position in the
4 school.
5 (e) Any person holding an active license or
6 certification under chapter 457, s. 458.3475, s. 458.3476, s.
7 459.023, s. 459.025, chapter 460, chapter 461, s. 464.012,
8 chapter 466, or chapter 467 who is not practicing in this
9 state. If such person initiates or resumes practice in this
10 state, he or she must notify the department of such activity.
11 (f) Any person who can demonstrate to the board or
12 department that he or she has no malpractice exposure in the
13 state.
14 (3) Notwithstanding the provisions of this section,
15 the financial responsibility requirements of ss. 458.320 and
16 459.0085 shall continue to apply to practitioners licensed
17 under those chapters, except for clinical perfusionists
18 licensed pursuant to s. 458.3476 or s. 459.025 and
19 anesthesiologist assistants licensed pursuant to s. 458.3475
20 or s. 459.023 who must meet the requirements of this section.
21 Section 3. Section 459.025, Florida Statutes, is
22 created to read:
23 459.025 Clinical perfusionist.--
24 (1) DEFINITIONS.--As used in this section, the term:
25 (a) "Approved program" means a program for the
26 education and training of clinical perfusion which has been
27 approved by the boards as provided in subsection (5).
28 (b) "Boards" means the Board of Medicine and the Board
29 of Osteopathic Medicine.
30 (c) "Clinical perfusionist" means a person who has
31 graduated from an approved program, who is licensed to perform
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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 physician, through extracorporeal
10 circulation, long-term clinical support techniques, including
11 extracorporeal carbon-dioxide removal and extracorporeal
12 membrane oxygenation, and associated therapeutic and
13 diagnostic technologies, such as counter pulsation,
14 ventricular assistance, auto transfusion, blood conservation
15 techniques, myocardial and organ preservation, extracorporeal
16 life support, isolated limb perfusion, therapeutic aphaeresis,
17 and platelet rich plasma sequestration.
18 (e) "Clinical perfusionists' licensing committee"
19 means the clinical perfusion licensing committee appointed by
20 the board.
21 (f) "Continuing medical education" means courses
22 recognized and approved by the boards, the American Academy of
23 Physician Assistants, the American Medical Association, the
24 American Osteopathic Association, the American Board of
25 Cardiovascular Perfusion, or the Accreditation Council on
26 Continuing Medical Education.
27 (g) "Direct supervision" means the on-site, personal
28 supervision by a physician who is present when a procedure is
29 being performed and who is in all instances immediately
30 available to provide assistance and direction to the clinical
31 perfusionist while clinical perfusion services are being
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1 performed.
2 (h) "Extracorporeal circulation" means the diversion
3 of a patient's blood through a heart-lung machine or a similar
4 device that assumes the functions of the patient's heart,
5 lungs, kidneys, liver, or other organs.
6 (i) "Trainee" means a person who is currently enrolled
7 in an approved program.
8 (j) "Perfusion protocols" means perfusion-related
9 policies and protocols developed or approved by a licensed
10 health facility or a physician through collaboration with
11 administrators, licensed cardiovascular perfusionists, and
12 other health care professionals.
13 (k) "Proficiency examination" means an entry-level
14 examination approved by the boards, including examinations
15 administered by the American Board of Cardiovascular Perfusion
16 (ABCP).
17 (l) "Provisional licensed perfusionist" means a person
18 provisionally licensed under this section.
19 (m) "Supervising physician" means an osteopathic
20 physician who holds an active license.
21 (n) "Temporarily licensed perfusionist" means a person
22 granted a temporary license under this section.
23 (2) PERFORMANCE OF A SUPERVISING PHYSICIAN.--A
24 physician who supervises a clinical perfusionist must be
25 qualified in the medical areas in which the clinical
26 perfusionist performs.
27 (3)(a) PERFORMANCE OF CLINICAL PERFUSIONISTS.--A
28 clinical perfusionist may perform duties established by rule
29 by the board, including the following duties that are included
30 in the clinical perfusionist's protocol, while prescribed by a
31 physician or under the supervision of a physician:
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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
12 monitoring/analysis;
13 8. Perform physiological analysis and monitoring;
14 9. Perform blood gas and blood chemistry analysis and
15 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.
26 (5) PROGRAM APPROVAL.--The boards shall approve
27 programs for the education and training of clinical
28 perfusionists which meet standards established by board rules.
29 The boards may recommend only those programs for clinical
30 perfusionists training which hold full accreditation or
31 provisional accreditation from the Commission on Accreditation
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1 of Allied Health Education Programs.
2 (6) CLINICAL PERFUSIONIST LICENSURE.--
3 (a) Any person seeking to be licensed as a clinical
4 perfusionist must apply to the department. The department
5 shall issue a license to any person certified by the board to:
6 1. Be at least 18 years of age.
7 2. Have satisfactorily passed a proficiency
8 examination established by the American Board of
9 Cardiovascular Perfusion (ABCP). The board, on receipt of an
10 application and application fee, shall waive the examination
11 requirement for an applicant who at the time of application:
12 a. Is appropriately licensed or certified by another
13 state, territory, or possession of the United States if the
14 requirements of that state, territory, or possession for the
15 license or certificate are the substantial equivalent of the
16 requirements of this section determined by the board; or
17 b. Holds a current certificate as a certified clinical
18 perfusionist issued by the American Board of Cardiovascular
19 Perfusion (ABCP), or its successor before July 1, 2005.
20 3. Be certified in basic cardiac life support.
21 4. Have completed the application form and remitted an
22 application fee, not to exceed $1,500, as set by the
23 department. An application must include:
24 a. A certificate of completion of an approved program;
25 b. A sworn statement of any prior felony convictions;
26 c. A sworn statement of any prior discipline or denial
27 of licensure or certification in any state; and
28 d. Two letters of recommendation, one from a physician
29 and one from a certified or licensed clinical perfusionist.
30
31 Before January 1, 2006, a person is eligible to apply to the
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1 board and receive a license notwithstanding the requirements
2 of this subsection if the person was actively engaged in the
3 practice of perfusion consistent with applicable law, and if
4 the person was operating cardiopulmonary bypass systems during
5 cardiac surgical cases in a licensed health care facility as
6 the person's primary function and had been operating the
7 system for 10 of the 12 years preceding application for
8 licensure.
9 (b) A license must be renewed biennially. Each renewal
10 must include:
11 1. A renewal fee, not to exceed $1,500, as set by the
12 department; and
13 2. A sworn statement of no felony convictions in the
14 immediately preceding 2 years.
15 (c) Each licensed clinical perfusionist shall
16 biennially complete continuing medical education as required
17 by the board.
18 (d)1. A license as a provisional licensed perfusionist
19 may be issued by the board to a person who has successfully
20 completed an approved perfusion education program and the
21 filing of an application, payment of an application fee, and
22 the submission of evidence satisfactory to the board of the
23 successful completion of the requisite education requirements.
24 2. A provisional licensed perfusionist is under the
25 supervision and direction of a licensed perfusionist at all
26 times during which the provisional licensed perfusionist
27 performs perfusion. Rules adopted by the board governing such
28 supervision and direction may not require the immediate
29 physical presence of the supervising licensed perfusionist.
30 3. A provisional license is valid for 2 years from the
31 date it is issued and may be extended subject to rule by the
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2372
Barcode 082874
1 board. The application for extension must be signed by a
2 supervising licensed perfusionist. Upon notification by the
3 approved testing service, or the board, that any portion of
4 the licensing examination has been failed after the 2-year
5 provisional license term, the provisional license must be
6 surrendered to the board.
7 (e) A license as a temporarily licensed perfusionist
8 may be issued by the department to a person who has
9 successfully completed the perfusion licensure application.
10 (f) The Board of Osteopathic Medicine may impose upon
11 a clinical perfusionist any penalty specified in s. 456.072 or
12 s. 458.331(2) if the clinical perfusionist is found guilty of
13 or is investigated for an act that constitutes a violation of
14 this chapter or chapter 456.
15 (7) CARDIOVASCULAR SURGEON AND CLINICAL PERFUSIONIST
16 TO ADVISE THE BOARD.--
17 (a) The chairperson of the board may appoint a
18 cardiovascular surgeon and a certified clinical perfusionist
19 to advise the board as to the adoption of rules for the
20 licensure of clinical perfusionists. The board may use a
21 committee structure that is most practicable in order to
22 receive any recommendations to the board regarding rules and
23 all matters relating to clinical perfusionists, including, but
24 not limited to, recommendations to improve safety in the
25 clinical practices of licensed clinical perfusionists.
26 (b) In addition to its other duties and
27 responsibilities as prescribed by law, the board shall:
28 1. Recommend to the department the licensure of
29 clinical perfusionists.
30 2. Develop rules regulating the use of clinical
31 perfusionists under this chapter and chapter 458, except for
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2372
Barcode 082874
1 rules relating to the formulary developed under s. 458.347(4).
2 The board shall also develop rules to ensure that the
3 continuity of supervision is maintained in each practice
4 setting. The boards shall consider adopting a proposed rule at
5 the regularly scheduled meeting immediately following the
6 submission of the proposed rule. A proposed rule may not be
7 adopted by either board unless both boards have accepted and
8 approved the identical language contained in the proposed
9 rule. The language of all proposed rules must be approved by
10 both boards pursuant to each respective board's guidelines and
11 standards regarding the adoption of proposed rules.
12 3. Address concerns and problems of clinical
13 perfusionists to improve safety in the clinical practices of
14 licensed clinical perfusionists.
15 (c) When the board finds that an applicant for
16 licensure has failed to meet, to the board's satisfaction,
17 each of the requirements for licensure set forth in this
18 section, the board may enter an order to:
19 1. Refuse to certify the applicant for licensure;
20 2. Approve the applicant for licensure with
21 restrictions on the scope of practice or license; or
22 3. Approve the applicant for conditional licensure.
23 Such conditions may include placement of the applicant on
24 probation for a period of time and subject to such conditions
25 as the board specifies, including, but not limited to,
26 requiring the applicant to undergo treatment, to attend
27 continuing education courses, or to take corrective action.
28 (8) PENALTY.--A person who falsely holds himself or
29 herself out as a clinical perfusionist commits a felony of the
30 third degree, punishable as provided in s. 775.082, s.
31 775.083, or s. 775.084.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2372
Barcode 082874
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 Section 4. This act shall take effect January 1, 2006.
11
12
13 ================ T I T L E A M E N D M E N T ===============
14 And the title is amended as follows:
15 Delete everything before the enacting clause
16
17 and insert:
18 A bill to be entitled
19 An act relating to clinical perfusionists;
20 creating ss. 458.3476 and 459.025, F.S.;
21 providing definitions; requiring a supervising
22 physician to be qualified in the medical area
23 in which the clinical perfusionist performs;
24 prescribing duties of a clinical perfusionist;
25 requiring a clinical perfusionist to convey
26 that he or she is a clinical perfusionist to a
27 patient; authorizing a clinical perfusionist to
28 perform medical tasks and services within a
29 certain protocol; prohibiting a clinical
30 perfusionist from prescribing, ordering,
31 compounding, or dispensing certain drugs or a
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2372
Barcode 082874
1 medical device; providing that a clinical
2 perfusionist may administer certain drugs,
3 fluids, and blood products under the
4 supervision of a physician; exempting a trainee
5 from requirements of a clinical perfusionist;
6 requiring board approval of training programs
7 for clinical perfusionists; providing licensure
8 requirements; providing provisional licensing
9 requirements; providing for a temporary license
10 as a clinical perfusionist; authorizing the
11 Board of Medicine and the Board of Osteopathic
12 Medicine to impose a penalty against a clinical
13 perfusionist found guilty of or investigated
14 for violating ch. 456, ch. 458, or ch. 459,
15 F.S.; authorizing the chair of each board to
16 appoint certain persons to advise the board
17 regarding rules for the licensure of clinical
18 perfusionists; providing duties of each board;
19 providing a penalty for any person who falsely
20 holds himself or herself out as a clinical
21 perfusionist; providing for the denial,
22 suspension, or revocation of a license;
23 requiring each board to adopt rules; requiring
24 the Department of Health to allocate fees
25 collected to each board; amending s. 456.048,
26 F.S.; specifying financial responsibility
27 requirements for clinical perfusionists;
28 providing an effective date.
29
30
31
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