Florida Senate - 2009 SB 2196 By Senator Peaden 2-01527A-09 20092196__ 1 A bill to be entitled 2 An act relating to clinical perfusionists; amending s. 3 456.048, F.S.; specifying financial responsibility 4 requirements for clinical perfusionists; creating s. 5 468.901, F.S.; providing definitions; requiring a 6 supervising physician to be qualified in the medical 7 area in which the clinical perfusionist performs; 8 prescribing duties of a clinical perfusionist; 9 requiring a clinical perfusionist to convey that he or 10 she is a clinical perfusionist to a patient; 11 authorizing a clinical perfusionist to perform medical 12 tasks and services within a certain protocol; 13 prohibiting a clinical perfusionist from prescribing, 14 ordering, compounding, or dispensing certain drugs or 15 a medical device; providing that a clinical 16 perfusionist may administer certain drugs, fluids, and 17 blood products under the supervision of a physician; 18 exempting a perfusionist in training from requirements 19 of a clinical perfusionist; requiring board approval 20 of training programs for clinical perfusionists; 21 providing certification requirements; providing 22 provisional certifying requirements; providing for a 23 temporary certificate as a clinical perfusionist; 24 authorizing the Board of Medicine and the Board of 25 Osteopathic Medicine to impose a penalty against a 26 clinical perfusionist found guilty of or investigated 27 for violating ch. 456, ch. 457, or ch. 458, F.S.; 28 authorizing the chairpersons of the Board of Medicine 29 and the Board of Osteopathic Medicine to appoint 30 certain persons to advise the boards regarding rules 31 for the certification of clinical perfusionists; 32 providing duties of the boards; providing for the 33 denial, suspension, or revocation of a certificate; 34 requiring the boards to adopt rules; requiring the 35 Department of Health to allocate fees collected to the 36 boards; providing exemptions from certification 37 requirements for clinical perfusionists; excluding 38 hospitals from payment of certain costs; providing an 39 effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Section 456.048, Florida Statutes, is amended 44 to read: 45 456.048 Financial responsibility requirements for certain 46 health care practitioners.— 47 (1) As a prerequisite for licensure or license renewal, the 48 Board of Acupuncture, the Board of Chiropractic Medicine, the 49 Board of Podiatric Medicine, and the Board of Dentistry shall, 50 by rule, require that all health care practitioners licensed 51 under the respective board, and the Board of Medicine and the 52 Board of Osteopathic Medicine shall, by rule, require that all 53 anesthesiologist assistants licensed pursuant to s. 458.3475 or 54 s. 459.023, and clinical perfusionists certified pursuant to s. 55 s. 468.901, and the Board of Nursing shall, by rule, require 56 that advanced registered nurse practitioners certified under s. 57 464.012, and the department shall, by rule, require that 58 midwives maintain medical malpractice insurance or provide proof 59 of financial responsibility in an amount and in a manner 60 determined by the board or department to be sufficient to cover 61 claims arising out of the rendering of or failure to render 62 professional care and services in this state. 63 (2) The board or department may grant exemptions upon 64 application by practitioners meeting any of the following 65 criteria: 66 (a) Any person licensed under chapter 457, s. 458.3475, s. 67 459.023, chapter 460, chapter 461, s. 464.012, chapter 466,or68 chapter 467, or certified under s. 468.901 who practices 69 exclusively as an officer, employee, or agent of the Federal 70 Government or of the state or its agencies or its subdivisions. 71 For the purposes of this subsection, an agent of the state, its 72 agencies, or its subdivisions is a person who is eligible for 73 coverage under any self-insurance or insurance program 74 authorized by the provisions of s. 768.28(16) or who is a 75 volunteer under s. 110.501(1). 76 (b) Any person whose license or certification has become 77 inactive under chapter 457, s. 458.3475, s. 459.023, chapter 78 460, chapter 461, part I of chapter 464, chapter 466,orchapter 79 467, or s. 468.901 and who is not practicing in this state. Any 80 person applying for reactivation of a license must show either 81 that such licensee maintained tail insurance coverage which 82 provided liability coverage for incidents that occurred on or 83 after October 1, 1993, or the initial date of licensure in this 84 state, whichever is later, and incidents that occurred before 85 the date on which the license became inactive; or such licensee 86 must submit an affidavit stating that such licensee has no 87 unsatisfied medical malpractice judgments or settlements at the 88 time of application for reactivation. 89 (c) Any person holding a limited license pursuant to s. 90 456.015, and practicing under the scope of such limited license. 91 (d) Any person licensed or certified under chapter 457, s. 92 458.3475, s. 459.023, chapter 460, chapter 461, s. 464.012, 93 chapter 466,orchapter 467, or s. 468.901 who practices only in 94 conjunction with his or her teaching duties at an accredited 95 school or in its main teaching hospitals. Such person may engage 96 in the practice of medicine to the extent that such practice is 97 incidental to and a necessary part of duties in connection with 98 the teaching position in the school. 99 (e) Any person holding an active license or certification 100 under chapter 457, s. 458.3475, s. 459.023, chapter 460, chapter 101 461, s. 464.012, chapter 466,orchapter 467, or s. 468.901 who 102 is not practicing in this state. If such person initiates or 103 resumes practice in this state, he or she must notify the 104 department of such activity. 105 (f) Any person who can demonstrate to the board or 106 department that he or she has no malpractice exposure in the 107 state. 108 (3) Notwithstanding the provisions of this section, the 109 financial responsibility requirements of ss. 458.320 and 110 459.0085 shall continue to apply to practitioners licensed under 111 those chapters, except for anesthesiologist assistants licensed 112 pursuant to s. 458.3475 or s. 459.023 who must meet the 113 requirements of this section. 114 Section 2. Section 468.901, Florida Statutes, is created to 115 read: 116 468.901 Clinical perfusionist.— 117 (1) DEFINITIONS.—As used in this section, the term: 118 (a) “Approved program” means a program for the education 119 and training of clinical perfusion which has been approved by 120 the boards as provided in subsection (5). 121 (b) “Boards” means the Board of Medicine and the Board of 122 Osteopathic Medicine. 123 (c) “Clinical perfusionist” means a person who has 124 graduated from an approved program, who is certified to perform 125 medical services, and who is prescribed, delegated, or 126 supervised by a licensed physician. 127 (d) “Clinical perfusion” means the functions necessary for 128 the support, treatment, measurement, or supplementation of the 129 cardiovascular, circulatory, or respiratory systems or other 130 organs, or a combination of those activities, and the safe 131 management of physiologic functions by monitoring and analyzing 132 the parameters of the systems under an order and the supervision 133 of a physician licensed under chapter 458 or chapter 459, 134 through extracorporeal circulation, long-term clinical support 135 techniques, including extracorporeal carbon-dioxide removal and 136 extracorporeal membrane oxygenation, and associated therapeutic 137 and diagnostic technologies, such as counter pulsation, 138 ventricular assistance, auto transfusion, blood conservation 139 techniques, myocardial and organ preservation, extracorporeal 140 life support, isolated limb perfusion, therapeutic aphaeresis, 141 and platelet rich plasma sequestration. 142 (e) “Clinical perfusionists' certifying committee” means 143 the clinical perfusion certifying committee appointed by the 144 boards. 145 (f) “Continuing medical education” means courses recognized 146 and approved by the boards, the American Academy of Physician 147 Assistants, the American Medical Association, the American 148 Osteopathic Association, the American Board of Cardiovascular 149 Perfusion, or the Accreditation Council on Continuing Medical 150 Education. 151 (g) “Department” means the Department of Health. 152 (h) “Direct supervision” means the onsite, personal 153 supervision by a certified clinical perfusionist who is present 154 when a procedure is being performed and who is in all instances 155 immediately available to provide assistance and direction to the 156 clinical perfusionist while clinical perfusion services are 157 being performed. 158 (i) “Extracorporeal circulation” means the diversion of a 159 patient's blood through a heart-lung machine or a similar device 160 that assumes the functions of the patient's heart, lungs, 161 kidney, liver, or other organs. 162 (j) “Perfusionist in training” means a student enrolled in 163 an approved program who has not yet passed the proficiency 164 examination and works under the direct supervision of a 165 certified clinical perfusionist. 166 (k) “Perfusion protocols” means perfusion-related policies 167 and protocols developed or approved by a licensed health 168 facility or a physician through collaboration with 169 administrators, certified clinical perfusionists, and other 170 health care professionals. 171 (l) “Proficiency examination” means an entry-level 172 examination administered by the American Board of Cardiovascular 173 Perfusion. 174 (m) “Provisional clinical perfusionist” means a person 175 provisionally certified under this section. 176 (n) “Supervising physician” means a physician licensed 177 under chapter 458 or chapter 459 who holds an active license. 178 (o) “Temporarily clinical perfusionist” means a person 179 granted a temporary certificate under this section. 180 (2) PERFORMANCE OF A SUPERVISING PHYSICIAN.—A physician who 181 supervises a clinical perfusionist must be qualified in the 182 medical areas in which the clinical perfusionist performs. 183 (3)(a) PERFORMANCE OF CLINICAL PERFUSIONISTS.—A clinical 184 perfusionist may perform duties established by rule by the 185 boards, including the following duties that are included in the 186 clinical perfusionist's protocol, if prescribed by a physician 187 or under the supervision of a physician: 188 1. Perform extracorporeal circulation and its clinical 189 support; 190 2. Perform or administer counter pulsation; 191 3. Perform circulatory support and ventricular assistance; 192 4. Perform extracorporeal membrane oxygenation and 193 extracorporeal life support; 194 5. Perform blood conservation techniques, autotransfusion, 195 and blood component sequestration; 196 6. Perform myocardial preservation; 197 7. Perform coagulation and hematologic monitoring; 198 8. Perform physiological monitoring; 199 9. Perform blood gas and blood chemistry monitoring; 200 10. Perform induction of hypothermia or hyperthermia with 201 reversal; 202 11. Perform hemodilution; 203 12. Perform hemofiltration; 204 13. Administer blood, blood products, supportive fluids, 205 and anesthetic agents via the extracorporeal circuit; 206 14. Perform isolated limb and organ perfusion; 207 15 Provide surgical assistance; 208 16. Perform organ preservation; 209 17. Perform dialysis while on clinical bypass; 210 18. Perform therapeutic apheresis; 211 19. Administer blood, blood products, and supportive fluids 212 via the therapeutic apheresis circuit; and 213 20. Perform pacemaker lead and battery analysis. 214 (b) This section does not prevent third-party payors from 215 reimbursing employers of clinical perfusionists for covered 216 services rendered by such clinical perfusionists. 217 (c) A clinical perfusionist shall clearly convey to a 218 patient that he or she is a clinical perfusionist. 219 (d) A clinical perfusionist may perform medical tasks and 220 services within the framework of a written practice protocol 221 developed between the supervising physician and the clinical 222 perfusionist. 223 (e) A clinical perfusionist may not prescribe, order, 224 compound, or dispense any controlled substance, legend drug, or 225 medical device to any patient. This paragraph does not prohibit 226 a clinical perfusionist from administering legend drugs, 227 controlled substances, intravenous drugs, fluids, or blood 228 products that are ordered by the physician and administered to a 229 patient while under the orders of such physician. 230 (4) PERFORMANCE BY PERFUSIONISTS IN TRAINING.—The practice 231 of a perfusionist in training is exempt from the requirements of 232 this section while the perfusionist in training is performing 233 assigned tasks as a perfusionist in training in conjunction with 234 an approved program. Before providing clinical perfusion in 235 conjunction with the requirements of an approved program, the 236 perfusionist in training shall clearly convey to the patient 237 that he or she is a perfusionist in training and is under direct 238 supervision. 239 (5) PROGRAM APPROVAL.—The boards shall approve programs for 240 the education and training of clinical perfusionists which hold 241 full accreditation or provisional accreditation from the 242 Commission on Accreditation of Allied Health Education Programs 243 or a successor organization, as approved by the boards. 244 (6) CLINICAL PERFUSIONIST CERTIFICATION.— 245 (a) Any person seeking to be certified as a clinical 246 perfusionist must apply to the department. The department shall 247 issue a certificate to any person certified by the boards to: 248 1. Be at least 21 years of age. 249 2. Have satisfactorily passed a proficiency examination 250 approved by the boards. The boards, on receipt of an application 251 and application fee, shall waive the examination requirement for 252 an applicant who at the time of application holds a current 253 certificate issued by a certifying agency approved by the 254 boards. 255 3. Be certified in basic cardiac life support. 256 4. Have completed the application form and remitted an 257 application fee, not to exceed $1,000, as set by the department. 258 An application must include: 259 a. A certificate of completion of an approved program or 260 its equivalent; 261 b. A sworn statement of any prior felony convictions; 262 c. A sworn statement of any prior discipline or denial of 263 certification or license in any state; 264 d. Two letters of recommendation, one from a physician and 265 one from a certified clinical perfusionist; and 266 e. A set of fingerprints on a form and under procedures 267 specified by the department, along with payment in an amount 268 equal to the costs incurred by the department for a national 269 criminal history check of the applicant. 270 271 Before January 1, 2010, a person is eligible to apply to the 272 boards and receive a certification notwithstanding the 273 requirements of this subsection if the person was actively 274 engaged in the practice of perfusion consistent with applicable 275 law, and if the person was operating cardiopulmonary bypass 276 systems during cardiac surgical cases in a licensed health care 277 facility in this state as the person's primary function and had 278 been operating the system for at least 9 of the 10 years 279 preceding application for certification. 280 (b) Between July 1, 2009, and June 30, 2010, an applicant 281 who was not a graduate of an accredited program before 1981, but 282 met the then-current eligibility requirements for certification 283 as a certified clinical perfusionist and subsequently was 284 certified, shall be certified as a perfusionist if the 285 application otherwise complies with this section. 286 (c) A certificate must be renewed biennially. Each renewal 287 must include: 288 1. A renewal fee, not to exceed $1,000, as set by the 289 department; and 290 2. A sworn statement of no felony convictions in the 291 immediately preceding 2 years. 292 (d) Each certified clinical perfusionist shall biennially 293 complete continuing medical education as required by the boards. 294 (e)1. A certificate as a provisional certified clinical 295 perfusionist may be issued by the boards to a person who has 296 successfully completed an approved perfusion education program, 297 completed an application and remitted an application fee, and 298 submitted evidence satisfactory to the boards of the successful 299 completion of the requisite education requirements. 300 2. A provisional certified clinical perfusionist is under 301 the supervision and direction of a certified clinical 302 perfusionist at all times during which the provisional certified 303 perfusionist performs the prescribed duties. The boards shall 304 adopt rules governing supervisory requirements between clinical 305 perfusionists and provisional clinical perfusionists, 306 temporarily clinical perfusionists, and clinical perfusionists 307 in training. 308 3. A provisional certificate is valid for 2 years from the 309 date it is issued and may be extended subject to rule by the 310 boards. The application for extension must be signed by a 311 supervising certified clinical perfusionist. Upon notification 312 by the approved testing service, or the boards, that any portion 313 of the certifying examination has been failed after the 2-year 314 provisional certificate term, the provisional certificate must 315 be surrendered to the boards. 316 (f) A certificate as a temporarily clinical perfusionist 317 may be issued by the department to a person who has successfully 318 completed the perfusion certification application and met other 319 requirements as established by the boards. 320 (g) The Board of Medicine may impose upon a clinical 321 perfusionist any penalty specified in s. 456.072 or s. 322 458.331(2) if the clinical perfusionist is found guilty of or is 323 investigated for an act that constitutes a violation of chapter 324 456, chapter 457, or chapter 458. 325 (7) CARDIOVASCULAR SURGEON AND CLINICAL PERFUSIONIST TO 326 ADVISE THE BOARDS.— 327 (a) The chairpersons of the Board of Medicine and the Board 328 of Osteopathic Medicine may appoint a cardiovascular surgeon and 329 a certified clinical perfusionist to advise the boards as to the 330 adoption of rules for the certification of clinical 331 perfusionists. The boards may use a committee structure that is 332 most practicable in order to receive any recommendations to the 333 boards regarding rules and all matters relating to clinical 334 perfusionists, including, but not limited to, recommendations to 335 improve safety in the clinical practices of certified clinical 336 perfusionists. 337 (b) In addition to its other duties and responsibilities as 338 prescribed by law, the boards shall: 339 1. Recommend to the department the certification of 340 clinical perfusionists. 341 2. Develop rules regulating the use of clinical 342 perfusionists under chapter 458 or chapter 459, except for rules 343 relating to the formulary developed under s. 458.347(4). The 344 boards shall also develop rules to ensure that the continuity of 345 supervision is maintained in each practice setting. The boards 346 shall consider adopting a proposed rule at the regularly 347 scheduled meeting immediately following the submission of the 348 proposed rule. A proposed rule may not be adopted by either 349 board unless both boards have accepted and approved the 350 identical language contained in the proposed rule. The 351 provisions of all the proposed rules must be approved by both 352 boards pursuant to each respective board's guidelines and 353 standards regarding the adoption of proposed rules. 354 3. Address concerns and problems of clinical perfusionists 355 to improve safety in the clinical practices of certified 356 clinical perfusionists. 357 (c) When the boards find that an applicant for 358 certification has failed to meet, to the boards' satisfaction, 359 any of the requirements for certification set forth in this 360 section, the boards may enter an order to: 361 1. Refuse to certify the applicant; 362 2. Approve the applicant for certification with 363 restrictions on the scope of practice; or 364 3. Approve the applicant for provisional or temporary 365 certification. Such conditions may include placement of the 366 applicant on probation for a period of time and subject to such 367 conditions as the boards specify, including, but not limited to, 368 requiring the applicant to undergo treatment, to attend 369 continuing medical education courses, or to take corrective 370 action. 371 (8) DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION.—The 372 boards may deny, suspend, or revoke the certification of a 373 clinical perfusionist whom the boards determine have violated 374 any provision of this section, chapter 456, chapter 458, or 375 chapter 459 or any rule adopted pursuant thereto. 376 (9) RULES.—The boards shall adopt rules to administer this 377 section. 378 (10) FEES.—The department shall allocate the fees collected 379 under this section to the boards for the sole purpose of 380 administering the provisions of this section. 381 (11) EXEMPTIONS.— 382 (a) This section does not limit the practice of a physician 383 licensed under chapter 458 or chapter 459 or a respiratory 384 therapist licensed under chapter 468, so long as that person 385 does not hold himself or herself out to the public as possessing 386 a certificate or provisional certificate issued under this 387 section or use a professional title protected by this section. 388 (b) This section does not limit the practice of nursing or 389 prevent qualified members of other regulated health professions 390 from doing work of a nature consistent with the state laws and 391 rules that govern their respective health professions, so long 392 as those persons do not hold themselves out to the public as 393 possessing a certificate or provisional certificate issued under 394 this section or use a professional title protected by this 395 section. 396 (c) A person need not be certified under this section who: 397 1. Is a qualified person in this state or another state or 398 territory who is employed by the United States Government or an 399 agency thereof while discharging his or her official duties. 400 2. Is a student providing services regulated under this 401 chapter who is: 402 a. Pursuing a course of study that leads to a degree in a 403 profession regulated by this chapter; 404 b. Providing services in a training setting, as long as 405 such services and associated activities constitute part of a 406 supervised course of study; and 407 c. Designated by the title “perfusionist in training.” 408 (d) The boards shall establish by rule the qualifications 409 necessary for a clinical perfusionist who is not a resident of 410 this state and is licensed or certified by any other state or 411 territory of the United States. Such clinical perfusionist may 412 not offer services in this state for more than 30 days in any 413 calendar year. 414 (e) Except as stipulated by the boards, the exemptions in 415 this subsection do not apply to any person certified under this 416 section whose certificate has been revoked or suspended by 417 either of the boards or whose license or certification in 418 another jurisdiction has been revoked or suspended by the 419 licensing or certifying authority in that jurisdiction. 420 (f) This subsection does not exempt a person from meeting 421 the minimum standards of performance in professional activities 422 when measured against generally prevailing peer performance, 423 including the undertaking of activities for which the person is 424 not qualified by training or experience. 425 (12) PAYMENT OR REIMBURSEMENT BY HOSPITALS OF COSTS OF 426 COMPLIANCE WITH PART.—A hospital is not required to pay for, or 427 reimburse any person for, the costs of compliance with any 428 requirement of this section, including costs of continuing 429 medical education. 430 Section 3. This act shall take effect October 1, 2009.