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, or
   68  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, or chapter
   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, or chapter 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, or chapter 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         468.901Clinical 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         15Provide 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.