HF 1084

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to health occupations; requiring licensure for clinical perfusionist;
establishing fees; requiring rulemaking; providing penalties; proposing coding
for new law in Minnesota Statutes, chapter 147A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [147A.50] TITLE.
new text end

new text begin Sections 147A.50 to 147A.78 shall be referred to as the "Minnesota Clinical
Perfusionist Licensure Act."
new text end

Sec. 2.

new text begin [147A.51] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin As used in sections 147A.50 to 147A.78, the definitions
in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Medical Practice.
new text end

new text begin Subd. 3. new text end

new text begin Extracorporeal circulation. new text end

new text begin "Extracorporeal circulation" means the
diversion of a patient's blood through a heart-lung machine or a similar device that
assumes the functions of the patient's heart, lungs, kidney, liver, or other organs.
new text end

new text begin Subd. 4. new text end

new text begin Licensed clinical perfusionist. new text end

new text begin "Licensed clinical perfusionist" means
an individual licensed by the board to practice perfusion.
new text end

new text begin Subd. 5. new text end

new text begin Perfusion protocols. new text end

new text begin "Perfusion protocols" means perfusion-related
policies and protocols developed or approved by a licensed health care facility or a
physician through collaboration with administrators, licensed clinical perfusionists, and
other health care professionals.
new text end

new text begin Subd. 6. new text end

new text begin Practice of perfusion. new text end

new text begin "Practice of perfusion" means the functions
necessary for the support, treatment, measurement, or supplementation of the
cardiovascular, circulatory, or respiratory systems or other organs, or a combination
of activities that ensures the safe management of physiologic functions of the body
by monitoring and analyzing the parameters of the body systems under an order and
supervision of a licensed physician. The practice of perfusion includes the following:
new text end

new text begin (1) the use of extracorporeal circulation, long-term cardiopulmonary support
techniques including extracorporeal carbon dioxide removal and extracorporeal membrane
oxygenation and associated therapeutic and diagnostic technologies;
new text end

new text begin (2) counterpulsation, ventricular assistance, autotransfusion, blood conservation
techniques, myocardial and organ preservation, extracorporeal life support, and isolated
limb perfusion;
new text end

new text begin (3) the use of techniques involving blood management, advanced life support, and
other related functions;
new text end

new text begin (4) the administration of:
new text end

new text begin (i) pharmacological and therapeutic agents; and
new text end

new text begin (ii) blood products or anesthetic agents through the extracorporeal circuit or through
an intravenous line as ordered by a physician;
new text end

new text begin (5) the performance and use of:
new text end

new text begin (i) anticoagulation monitoring and analysis;
new text end

new text begin (ii) physiologic monitoring and analysis;
new text end

new text begin (iii) blood gas and chemistry monitoring and analysis;
new text end

new text begin (iv) hematologic monitoring and analysis;
new text end

new text begin (v) hypothermia and hyperthermia;
new text end

new text begin (vi) hemoconcentration and hemodilution; and
new text end

new text begin (vii) hemodialysis;
new text end

new text begin (6) the observation of signs and symptoms related to perfusion services; and
new text end

new text begin (7) the determination of whether the signs and symptoms exhibit abnormal
characteristics and the implementation of appropriate reporting of clinical perfusion
protocols or changes in or the initiation of emergency procedures.
new text end

new text begin Subd. 7. new text end

new text begin Provisional licensed clinical perfusionist. new text end

new text begin "Provisional licensed clinical
perfusionist" means an individual provisionally licensed under sections 147A.50 to
147A.78.
new text end

Sec. 3.

new text begin [147A.52] APPLICATION; ELIGIBILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Grandfathering provision. new text end

new text begin Notwithstanding the provisions in
sections 147A.50 to 147A.78, prior to January 1, 2010, a person is eligible to make an
application to the board and receive a license if the person is actively engaged in the
practice of perfusion consistent with sections 147A.50 to 147A.78. The applicant under
this subdivision must meet one of the following requirements:
new text end

new text begin (1) on August 1, 2009, the person was operating cardiopulmonary bypass systems
during cardiac surgical cases in a licensed health care facility as the person's primary
function and was operating the systems for eight years; or
new text end

new text begin (2) the person has at least six years of experience within the last eight years operating
cardiopulmonary bypass systems during cardiac surgical cases in a licensed health care
facility as the person's primary function.
new text end

new text begin Subd. 2. new text end

new text begin Examination. new text end

new text begin Beginning January 1, 2010, the board shall license by
examination all clinical perfusionists who meet the requirements in sections 147A.50 to
147A.78, except those persons granted a license under subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Application procedure. new text end

new text begin An applicant for a license to practice as a licensed
clinical perfusionist shall submit a sworn application accompanied by the required fees.
The board shall adopt rules that prescribe the form of the application and establish the
dates by which applications and fees must be received.
new text end

new text begin Subd. 4. new text end

new text begin Requirement to take licensing examination. new text end

new text begin To qualify for the licensing
examination, an applicant must have successfully completed a perfusion education
program approved by the board. In approving a perfusion education program necessary for
qualification for the licensing examination, the board shall approve only those programs
that have education standards established by the Accreditation Committee for Perfusion
Education and approved by the Commission on Accreditation of Allied Health Education
Programs or its successor.
new text end

Sec. 4.

new text begin [147A.54] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Annual licensure fee. new text end

new text begin The initial licensure fee shall be $…..and the
annual licensure renewal fee shall be $…….
new text end

new text begin Subd. 2. new text end

new text begin Penalty fee for late renewals. new text end

new text begin The penalty fee for late submission for
renewal applications is $…..
new text end

new text begin Subd. 3. new text end

new text begin Deposit. new text end

new text begin Fees collected by the board under this section must be deposited
in the state government special revenue fund.
new text end

Sec. 5.

new text begin [147A.56] COMPETENCY EXAMINATION; NOTIFICATION OF
RESULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Examination. new text end

new text begin To qualify for a license, an applicant must pass a
competency examination given by the American Board of Cardiovascular Perfusion or its
successor organization.
new text end

new text begin Subd. 2. new text end

new text begin Notice of exam results. new text end

new text begin No later than 45 days after the date on which
the licensing examination is administered, the board shall notify each examinee of the
results of the examination.
new text end

new text begin Subd. 3. new text end

new text begin Rulemaking. new text end

new text begin The board shall adopt rules to establish:
new text end

new text begin (1) a limit on the number of times an applicant who fails the examination may
retake the examination; and
new text end

new text begin (2) requirements for reexamination and the amount of any reexamination fee.
new text end

Sec. 6.

new text begin [147A.57] LICENSE HOLDER DUTIES.
new text end

new text begin A person licensed under sections 147A.50 to 147A.78 must provide a true and
correct copy of the person's license to the health care facility at which the person provides
perfusion services. The license holder must inform the board of any change in address for
the license holder. A license issued by the board is the property of the board and must be
surrendered upon demand by the board.
new text end

Sec. 7.

new text begin [147A.58] RULEMAKING.
new text end

new text begin (a) The board shall adopt rules that provide for license expiration on various dates
and continuing education requirements. A license holder may renew an unexpired license
by submitting proof of satisfactory compliance with continuing education requirements
required by the board. The license holder must pay the required renewal fee to the board
prior to the expiration of the license.
new text end

new text begin (b) The board shall adopt rules necessary to carry out the provisions of 147A.50 to
147A.78.
new text end

Sec. 8.

new text begin [147A.60] LICENSE RENEWAL AFTER EXPIRATION.
new text end

new text begin (a) If a person's license has been expired for not more than two years, the person may
renew the license by submitting proof, as determined by the board, of compliance with the
continuing education requirements prescribed by the board and any penalty fee required.
new text end

new text begin (b) If a person's license has been expired for two years or more, the person may not
renew the license. The person may obtain a new license by submitting to reexamination
and complying with the current requirements and procedures for obtaining a license.
new text end

new text begin (c) The board may renew without reexamination an expired license of a person who
was licensed in this state, moved to another state, and is currently appropriately licensed or
certified and has been practicing in another state for two years immediately preceding the
person's application to renew a license. The person must pay the licensing fee as required.
new text end

Sec. 9.

new text begin [147A.62] PROVISIONAL LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of license expiration. new text end

new text begin The board shall notify each license
holder in writing of the license expiration date one month before the expiration date.
The notice shall be mailed to the license holder's last known address according to the
records of the board.
new text end

new text begin Subd. 2. new text end

new text begin Provisional license. new text end

new text begin (a) The board may issue a provisional license to
a person who:
new text end

new text begin (1) has successfully completed an approved perfusion education program, submitted
an application, paid the application fee, and submitted satisfactory evidence of completion
of the education requirements under section 147A.52; or
new text end

new text begin (2) has held a certificate as a certified clinical perfusionist issued by the American
Board of Cardiovascular Perfusion, or its successor, if the person's certificate lapsed for
reasons other than disciplinary action by the American Board of Cardiovascular Perfusion.
The board shall adopt rules to ensure that the person is seeking to obtain a current
certification by the American Board of Cardiovascular Perfusion as a means of obtaining a
license as a clinical perfusionist according to section 147A.64.
new text end

new text begin (b) A provisional licensed clinical perfusionist must be under the supervision and
direction of a licensed clinical perfusionist at all times during which the provisional
licensed clinical perfusionist is practicing within the scope of activities specified in section
147A.50, subdivision 6. The board may adopt rules governing what activities do not
require the physical presence of the supervising licensed clinical perfusionist.
new text end

new text begin (c) A provisional license is valid for one year from the date it is issued and may be
renewed, subject to rules adopted by the board, and by the same procedures established for
the renewal of licenses under sections 147A.50 to 147A.78, if the application for renewal
is signed by a supervising licensed clinical perfusionist.
new text end

new text begin (d) If a provisional licensed clinical perfusionist who obtains a provisional license
under paragraph (a) fails any portion of the licensure examination, the person must
surrender the provisional license to the board.
new text end

Sec. 10.

new text begin [147A.64] WAIVER OF EXAMINATION AND EDUCATION
REQUIREMENTS.
new text end

new text begin Upon receipt of an application and application fee, the board may waive the
examination and educational requirements for an applicant who at the time of application:
new text end

new text begin (1) is appropriately licensed or certified by another state, territory, or possession of
the United States, if the requirements of the state, territory, or possession of the United
States for licensure or certification are substantially equivalent to the requirements of
sections 147A.50 to 147A.78; or
new text end

new text begin (2) holds a current certificate as a certified clinical perfusionist initially issued by the
American Board of Cardiovascular Perfusion or its successor prior to the effective date
of sections 147A.50 to 147A.78.
new text end

Sec. 11.

new text begin [147A.66] PROHIBITED ACTS.
new text end

new text begin (a) A person may not engage or offer to engage in the practice of perfusion, as defined
in section 147A.50, subdivision 6, for compensation or use the title or imply the person
has the title of licensed clinical perfusionist or provisional licensed clinical perfusionist,
or use the letters "LCP" or "PLCP," and may not use any facsimile of these titles in any
manner to indicate or imply that the person is a licensed or provisional licensed clinical
perfusionist, unless the person is licensed according to sections 147A.50 to 147A.78.
new text end

new text begin (b) A person may not use the title or represent or imply that the person has the title of
certified clinical perfusionist or use the letters "CCP," and may not use any facsimile of the
title in any manner to indicate or imply that the person is a certified clinical perfusionist,
unless the person holds a certificate as a certified clinical perfusionist issued by the
American Board of Cardiovascular Perfusion.
new text end

new text begin (c) A person who violates this section is guilty of a misdemeanor.
new text end

Sec. 12.

new text begin [147A.68] EXCEPTIONS.
new text end

new text begin Sections 147A.50 to 147A.78 do not apply to:
new text end

new text begin (1) a person licensed, registered, or certified in this state as a health care professional
if the person practices within the scope of the person's license, registration, or certification
and does not represent that the person is licensed under sections 147A.50 to 147A.78, and
does not use any title, name, or designation permitted under sections 147A.50 to 147A.78;
new text end

new text begin (2) a student enrolled in an accredited perfusion education program, if perfusion
services performed by the student are an integral part of the student's course of study
and are performed under the direct supervision of a licensed clinical perfusionist who is
immediately available in the assigned patient care area; and
new text end

new text begin (3) the practice of any legally qualified perfusionist employed by the United States
government while in the discharge of the person's official duties.
new text end

Sec. 13.

new text begin [147A.70] BOARD DUTIES.
new text end

new text begin The board shall:
new text end

new text begin (1) adopt rules prescribing a code of ethics for licensees;
new text end

new text begin (2) establish the qualifications and fitness of applicants for licenses, renewal of
licenses, and reciprocal licenses;
new text end

new text begin (3) revoke, suspend, or deny a license, or reprimand a license holder for a violation
of sections 147A.50 to 147A.78;
new text end

new text begin (4) provide for the expenditure of funds necessary for the proper administration
of sections 147A.50 to 147A.78;
new text end

new text begin (5) establish continuing education requirements for licensed clinical perfusionists
and provisional licensed clinical perfusionists using standards that are as stringent as those
of the American Board of Cardiovascular Perfusion or its successor agency;
new text end

new text begin (6) employ personnel necessary for the operation of sections 147A.50 to 147A.78;
and
new text end

new text begin (7) request the attorney general to institute a suit to prosecute any violation of
sections 147A.50 to 147A.78 that the board deems necessary or to pursue any other action,
proceeding, or remedy authorized by law.
new text end

Sec. 14.

new text begin [147A.72] REPORTING OBLIGATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Permission to report. new text end

new text begin A person who has knowledge of any conduct
new text end new text begin constituting grounds for discipline under this chapter may report the violation to the board.
new text end

new text begin Subd. 2. new text end

new text begin Institutions. new text end

new text begin A hospital, clinic, prepaid medical plan, or other health
care institution or organization located in this state shall report to the board any action
taken by the institution or organization, any of its administrators, or its medical or other
committees to revoke, suspend, restrict, or condition a licensed clinical perfusionist or
provisional licensed clinical perfusionist's privilege to practice or treat patients in the
institution or as part of the organization, any denial of privileges, or any other disciplinary
action. The institution or organization shall also report the resignation of any licensed
clinical perfusionist or provisional licensed clinical perfusionst prior to the conclusion of
any disciplinary proceeding, or prior to the commencement of formal charges but after the
licensed clinical perfusionist or provisional licensed clinical perfusionist had knowledge
that formal charges were contemplated or in preparation. Each report made under this
subdivision must state the nature of the action taken, state in detail the reasons for the
action, and identify the specific patient medical records upon which the action was based.
No report shall be required of a licensed clinical perfusionist or provisional licensed
clinical perfusionist voluntarily limiting the practice of the licensed clinical perfusionist or
provisional licensed clinical perfusionist at a hospital provided that the licensed clinical
perfusionist or provisional licensed clinical perfusionist notifies all hospitals at which the
licensed clinical perfusionist or provisional licensed clinical perfusionist has privileges of
the voluntary limitation and the reasons for it.
new text end

new text begin Subd. 3. new text end

new text begin Perfusionist organizations. new text end

new text begin A state or local perfusionist organization new text end new text begin shall
report to the board any termination, revocation, or suspension of membership or any other
disciplinary action taken against a perfusionist. If the society has received a complaint
which might be grounds for discipline under sections 147A.50 to 147A.78 against a
member perfusionist on which it has not taken any disciplinary action, the society shall
report the complaint and the reason why it has not taken action on it or shall direct the
complainant to the Board of Medical Practice. This subdivision does not apply to a
perfusionist organization when it performs peer review functions as an agent of an outside
entity, organization, or system.
new text end

new text begin Subd. 4. new text end

new text begin Licensed professionals. new text end

new text begin Licensed health professionals and persons holding
residency permits under section new text end new text begin shall report to the board personal knowledge of
any conduct which the person reasonably believes constitutes grounds for disciplinary
action under this chapter by a licensed clinical perfusionist or provisional licensed clinical
perfusionist, including any conduct indicating that the person may be incompetent, or may
have engaged in unprofessional conduct or may be medically or physically unable to
engage safely in practice as a licensed clinical perfusionist or provisional licensed clinical
perfusionist. No report shall be required if the information was obtained in the course of a
physician-patient relationship if the patient is a licensed clinical perfusionist or provisional
licensed clinical perfusionist, and the treating physician successfully counsels the person
to limit or withdraw from practice to the extent required by the impairment.
new text end

new text begin Subd. 5. new text end

new text begin Insurers. new text end

new text begin Four times each year as prescribed by the board, each insurer
authorized to sell insurance described in section new text end new text begin 60A.06, subdivision 1 new text end new text begin , clause (13), and
providing professional liability insurance to licensed clinical perfusionists or provisional
licensed clinical perfusionists, and any medical clinic, hospital, political subdivision,
or other entity that self-insures and provides professional liability coverage to licensed
clinical perfusionists or provisional licensed clinical perfusionists shall submit to the board
a report concerning the perfusionist or provisional licensed clinical perfusionist against
whom professional malpractice settlements or awards have been made to the plaintiff.
new text end

new text begin Any medical clinic, hospital, political subdivision, or other entity that provides
liability coverage on behalf of a licensed clinical perfusionist or provisional licensed
clinical perfusionist shall submit to the board a report concerning settlements or awards
paid on behalf of a licensed clinical perfusionist or provisional licensed clinical
perfusionist, and any settlements or awards paid by a clinic, hospital, political subdivision,
or other entity on its own behalf because of care rendered by a licensed clinical perfusionist
or provisional licensed clinical perfusionist. The report shall be made to the board within
30 days of any settlement. The report must contain at least the following information:
new text end

new text begin (1) the total number of medical malpractice settlements or awards made to the
plaintiff;
new text end

new text begin (2) the date the medical malpractice settlements or awards to the plaintiff were made;
new text end

new text begin (3) the allegations contained in the claim or complaint leading to the settlements
or awards made to the plaintiff;
new text end

new text begin (4) the dollar amount of each medical malpractice settlement or award;
new text end

new text begin (5) the regular address of the practice of the licensed clinical perfusionist or
provisional licensed clinical perfusionist against whom an award was made or with whom
a settlement was made; and
new text end

new text begin (6) the name of the licensed clinical perfusionist or provisional licensed clinical
perfusionist against whom an award was made or with whom a settlement was made.
new text end

new text begin The insurance company shall, in addition to the information in this subdivision,
report to the board any information it possesses that tends to substantiate a charge that
a licensed clinical perfusionist or provisional licensed clinical perfusionist may have
engaged in conduct violating sections 147A.50 to 147A.78 or a rule of the board.
new text end

new text begin Subd. 6. new text end

new text begin Courts. new text end

new text begin The court administrator of district court or any other court of
competent jurisdiction shall report to the board any judgment or other determination of
the court which: (1) adjudges or includes a finding that a licensed clinical perfusionist or
provisional licensed clinical perfusionist is mentally ill, mentally incompetent, guilty of
a felony, guilty of a violation of federal or state narcotics laws or controlled substances
laws, or guilty of an abuse or fraud under Medicare or Medicaid; (2) appoints a guardian
of the licensed clinical perfusionist or provisional licensed clinical perfusionist according
to sections new text end new text begin to new text end new text begin ; or (3) commits a licensed clinical perfusionist or
provisional licensed clinical perfusionist according to chapter 253B.
new text end

new text begin Subd. 7. new text end

new text begin Self-reporting. new text end

new text begin A licensed clinical perfusionist or provisional licensed
clinical perfusionist shall report to the board any personal action new text end new text begin that is a violation of
this chapter.
new text end

new text begin Subd. 8. new text end

new text begin Deadlines; forms. new text end

new text begin Reports required by subdivisions 2 to 7 must be
submitted no later than 30 days after the occurrence of the reportable event or transaction.
The board may provide forms for the submission of reports required by this section, may
require that reports be submitted on the forms provided, and may adopt rules necessary
to ensure prompt and accurate reporting.
new text end

new text begin Subd. 9. new text end

new text begin Subpoenas. new text end

new text begin The board may issue subpoenas for the production of any
reports required by subdivisions 2 to 7 or any related documents.
new text end

Sec. 15.

new text begin [147A.74] GROUNDS FOR DISCIPLINARY ACTION.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds listed. new text end

new text begin The board may refuse to grant a license or may
impose disciplinary action as described in this subdivision against any licensed clinical
perfusionist or provisional licensed clinical perfusionist. The following conduct is
prohibited and is grounds for disciplinary action:
new text end

new text begin (1) failure to demonstrate the qualifications or satisfy the requirements for a license
contained in sections 147A.50 to 147A.78 or rules of the board. The burden of proof
shall be upon the applicant to demonstrate such qualifications or satisfaction of such
requirements;
new text end

new text begin (2) obtaining registration by fraud or cheating, or attempting to subvert the
examination process. Conduct that subverts or attempts to subvert the examination
process includes, but is not limited to:
new text end

new text begin (i) conduct that violates the security of the examination materials, such as removing
examination materials from the examination room or having unauthorized possession of
any portion of a future, current, or previously administered licensing examination;
new text end

new text begin (ii) conduct that violates the standard of test administration, such as communicating
with another examinee during administration of the examination, copying another
examinee's answers, permitting another examinee to copy one's answers, or possessing
unauthorized materials; and
new text end

new text begin (iii) impersonating an examinee or permitting an impersonator to take the
examination on one's own behalf;
new text end

new text begin (3) conviction, during the previous five years, of a felony reasonably related to the
practice of licensed clinical perfusionist or provisional licensed clinical perfusionist.
Conviction, as used in this subdivision, includes a conviction of an offense that if
committed in this state would be a felony without regard to its designation elsewhere, or
a criminal proceeding where a finding or verdict of guilt is made or returned but the
adjudication of guilt is either withheld or not entered;
new text end

new text begin (4) revocation, suspension, restriction, limitation, or other disciplinary action against
the person's licensed clinical perfusionist or provisional licensed clinical perfusionist
credentials in another state or jurisdiction, failure to report to the board that charges
regarding the person's credentials have been brought in another state or jurisdiction, or
having been refused registration by any other state or jurisdiction;
new text end

new text begin (5) advertising that is false or misleading, violates any rule of the board, or claims
without substantiation the positive cure of any disease or professional superiority to or
greater skill than that possessed by another licensed clinical perfusionist or provisional
licensed clinical perfusionist;
new text end

new text begin (6) violating a rule adopted by the board or an order of the board, a state law, or a
federal law new text end new text begin that relates to the practice of a licensed clinical perfusionist or provisional
licensed clinical perfusionist, or in part regulates the practice of a licensed clinical
perfusionist or provisional licensed clinical perfusionist, including without limitation
sections new text end new text begin , new text end new text begin , and new text end new text begin , or a state or federal narcotics or controlled
substance law;
new text end

new text begin (7) engaging in any unethical conduct; conduct likely to deceive, defraud, or harm
the public, or demonstrating a willful or careless disregard for the health, welfare, or
safety of a patient; or practice which is professionally incompetent, and may create
unnecessary danger to a patient's life, health, or safety, and proof of actual injury need
not be established;
new text end

new text begin (8) failure to adhere to the provisions of the licensed clinical perfusionist or
provisional licensed clinical perfusionist agreement;
new text end

new text begin (9) engaging in the scope of practice beyond that allowed by the licensed clinical
perfusionist or provisional licensed clinical perfusionist agreement, including the
delegation form or the addendum to the delegation form, or aiding or abetting an
unlicensed person in the practice of perfusion;
new text end

new text begin (10) adjudication as mentally incompetent, mentally ill or developmentally disabled,
or as a chemically dependent person, a person dangerous to the public, a sexually
dangerous person, or a person who has a sexual psychopathic personality by a state court
of competent jurisdiction, or another state court. The adjudication shall automatically
suspend a registration for its duration unless the board orders otherwise;
new text end

new text begin (11) engaging in unprofessional conduct, including any departure from or the
failure to conform to the minimal standards of acceptable and prevailing practice,
notwithstanding actual injury to a patient;
new text end

new text begin (12) inability to practice with reasonable skill and safety to patients by reason of
illness; drunkenness; use of drugs, narcotics, chemicals, or any other type of material; or
as a result of any mental or physical condition, including deterioration through the aging
process or loss of motor skills;
new text end

new text begin (13) revealing a privileged communication from or relating to a patient except when
new text end new text begin otherwise required or permitted by law;
new text end

new text begin (14) improper management of medical records, including failure to maintain
adequate new text end new text begin medical records, to comply with a patient's request made according to sections
new text end new text begin to 144.298, or to furnish a medical record or report required by law;
new text end

new text begin (15) engaging in abusive or fraudulent billing practices, including violations of the
federal new text end new text begin Medicare and Medicaid laws or state medical assistance laws;
new text end

new text begin (16) becoming addicted or habituated to a drug or intoxicant;
new text end

new text begin (17) prescribing a drug or device for other than medically accepted therapeutic,
experimental, or investigative purposes authorized by a state or federal agency or referring
a patient to any health care provider as defined in sections new text end new text begin to 144.298 for services
or tests not medically indicated at the time of referral;
new text end

new text begin (18) engaging in conduct with a patient that is sexual or may reasonably be
interpreted new text end new text begin by the patient as sexual, or in any verbal behavior that is seductive or sexually
demeaning to new text end new text begin a patient;
new text end

new text begin (19) failure to make reports as required new text end new text begin or to cooperate with an new text end new text begin investigation of the
board as required by sections 147A.50 to 147A.78;
new text end

new text begin (20) knowingly providing false or misleading information that is directly related
to the care new text end new text begin of a patient unless done for an accepted therapeutic purpose such as the
administration of new text end new text begin a placebo;
new text end

new text begin (21) aiding suicide or aiding attempted suicide in violation of section new text end new text begin as
established new text end new text begin by any of the following:
new text end

new text begin (i) a copy of the record of criminal conviction or plea of guilty for a felony in
violation of new text end new text begin section new text end new text begin 609.215, subdivision 1 new text end new text begin or 2;
new text end

new text begin (ii) a copy of the record of a judgment of contempt of court for violating an
injunction new text end new text begin issued under section new text end new text begin 609.215, subdivision 4 new text end new text begin ;
new text end

new text begin (iii) a copy of the record of a judgment assessing damages under section new text end new text begin 609.215,
subdivision new text end new text begin 5 new text end new text begin ; or
new text end

new text begin (iv) a finding by the board that the person violated section new text end new text begin 609.215, subdivision 1 new text end new text begin or
2. The board shall investigate any complaint of a violation of section new text end new text begin 609.215, subdivision
1 new text end new text begin or 2; or
new text end

new text begin (22) failure to maintain annually reviewed and updated licensed clinical perfusionist
or provisional licensed clinical perfusionist agreements, internal protocols, or failure to
provide copies of the documents upon request by the board.
new text end

new text begin Subd. 2. new text end

new text begin Effective dates; automatic suspension. new text end

new text begin A suspension, revocation,
condition, limitation, qualification, or restriction of a license shall be in effect pending
determination of an appeal unless the court, upon petition and for good cause shown,
orders otherwise.
new text end

new text begin A licensed clinical perfusionist or provisional licensed clinical perfusionist license is
automatically suspended if:
new text end

new text begin (1) a guardian of a licensee is appointed by order of a court according to sections
524.5-101 to 524.5-502 for reasons other than the minority of the licensee; or new text end

new text begin (2) the licensee is committed by order of a court according to chapter 253B. The
licensee remains suspended until the licensee is restored to capacity by a court and, upon
petition by the licensee, the suspension is terminated by the board after a hearing.
new text end

new text begin Subd. 3. new text end

new text begin Conditions on reissued license. new text end

new text begin In its discretion, the board may restore
and reissue a licensed clinical perfusionist or provisional licensed clinical perfusionist
registration, but may impose as a condition any disciplinary or corrective measure that it
might originally have imposed.
new text end

new text begin Subd. 4. new text end

new text begin Temporary suspension of license. new text end

new text begin In addition to any other remedy
provided by law, the board may, without a hearing, temporarily suspend the license of
a licensed clinical perfusionist or provisional licensed clinical perfusionist if the board
finds that the licensed clinical perfusionist or provisional licensed clinical perfusionist has
violated a statute or rule that the board is empowered to enforce and continued practice by
the licensed clinical perfusionist or provisional licensed clinical perfusionist would create
a serious risk of harm to the public. The suspension shall take effect upon written notice to
the licensed clinical perfusionist or provisional licensed clinical perfusionist, specifying
the statute or rule violated. The suspension shall remain in effect until the board issues a
final order in the matter after a hearing. At the time it issues the suspension notice, the
board shall schedule a disciplinary hearing to be held according to the Administrative
Procedure Act.
new text end

new text begin The licensed clinical perfusionist or provisional licensed clinical perfusionist shall
be provided with at least 20 days' notice of any hearing held according to this subdivision.
The hearing shall be scheduled to begin no later than 30 days after the issuance of the
suspension order.
new text end

new text begin Subd. 5. new text end

new text begin Evidence. new text end

new text begin In disciplinary actions alleging a violation of subdivision
1, clause (3) or (4), a copy of the judgment or proceeding under the seal of the court
administrator or of the administrative agency that entered it shall be admissible into
evidence without further authentication and shall constitute prima facie evidence of its
contents.
new text end

new text begin Subd. 6. new text end

new text begin Mental examination; access to medical data. new text end

new text begin (a) If the board has
probable cause to believe that a licensed clinical perfusionist or provisional licensed
clinical perfusionist is subject to subdivision 1, clause (1), it may direct the licensed
clinical perfusionist or provisional licensed clinical perfusionist to submit to a mental or
physical examination. For purposes of this subdivision, every licensed clinical perfusionist
or provisional licensed clinical perfusionist licensed under sections 147A.50 to 147A.78 is
deemed to have consented to submit to a mental or physical examination when directed
in writing by the board and further to have waived all objections to the admissibility
of the examining physician's testimony or examination reports on the grounds that the
testimony or report constitutes a privileged communication. Failure of a licensed clinical
perfusionist or provisional licensed clinical perfusionist to submit to an examination
when directed constitutes an admission of the allegations against the licensed clinical
perfusionist or provisional licensed clinical perfusionist, unless the failure was due to
circumstances beyond the licensed clinical perfusionist's or provisional licensed clinical
perfusionist's control, in which case a default and final order may be entered without
the taking of testimony or presentation of evidence. A licensed clinical perfusionist or
provisional licensed clinical perfusionist affected under this subdivision shall at reasonable
intervals be given an opportunity to demonstrate that the licensed clinical perfusionist or
provisional licensed clinical perfusionist can resume competent practice with reasonable
skill and safety to patients. In any proceeding under this subdivision, neither the record of
proceedings nor the orders entered by the board shall be used against a licensed clinical
perfusionist or provisional licensed clinical perfusionist in any other proceeding.
new text end

new text begin (b) In addition to ordering a physical or mental examination, the board may,
notwithstanding section new text end new text begin or new text end new text begin or any other law limiting access to medical or
other health data, obtain medical data and health records relating to a licensee or applicant
without the licensee's or applicant's consent if the board has probable cause to believe that
a licensed clinical perfusionist or provisional licensed clinical perfusionist is subject to
subdivision 1, clause (1).
new text end

new text begin The medical data may be requested from a provider, as defined in section new text end new text begin 144.291,
new text end new text begin subdivision 2 new text end new text begin , paragraph (h), an insurance company, or a government agency, including
the Department of Human Services. A provider, insurance company, or government
agency shall comply with any written request of the board under this subdivision and
is not liable in any action for damages for releasing the data requested by the board
if the data are released according to a written request under this subdivision, unless
the information is false and the provider giving the information knew, or had reason
to believe, the information was false. Information obtained under this subdivision is
classified as private under chapter 13.
new text end

new text begin Subd. 7. new text end

new text begin Tax clearance certificate. new text end

new text begin (a) In addition to the provisions of subdivision
1, the new text end new text begin board may not issue or renew a license if the commissioner of revenue notifies the
board and new text end new text begin the licensee or applicant for licensure that the licensee or applicant owes the
state delinquent new text end new text begin taxes in the amount of $500 or more. The board may issue or renew
the license only if:
new text end

new text begin (1) the commissioner of revenue issues a tax clearance certificate; and
new text end

new text begin (2) the commissioner of revenue, the licensee, or the applicant forwards a copy of
the new text end new text begin clearance to the board.
new text end

new text begin The commissioner of revenue may issue a clearance certificate only if the licensee or
applicant new text end new text begin does not owe the state any uncontested delinquent taxes.
new text end

new text begin (b) For purposes of this subdivision, the following terms have the meanings given:
new text end

new text begin (1) "taxes" are all taxes payable to the commissioner of revenue, including penalties
and new text end new text begin interest due on those taxes; and
new text end

new text begin (2) "delinquent taxes" do not include a tax liability if:
new text end

new text begin (i) an administrative or court action that contests the amount or validity of the
liability has new text end new text begin been filed or served;
new text end

new text begin (ii) the appeal period to contest the tax liability has not expired; or
new text end

new text begin (iii) the licensee or applicant has entered into a payment agreement to pay the
liability new text end new text begin and is current with the payments.
new text end

new text begin (c) When a licensee or applicant is required to obtain a clearance certificate under
this subdivision, a contested case hearing must be held if the licensee or applicant requests
a hearing in writing to the commissioner of revenue within 30 days of the date of the
notice provided in paragraph (a). The hearing must be held within 45 days of the date
the commissioner of revenue refers the case to the Office of Administrative Hearings.
Notwithstanding any law to the contrary, the licensee or applicant must be served with 20
days' notice in writing specifying the time and place of the hearing and the allegations
against the licensee or applicant. The notice may be served personally or by mail.
new text end

new text begin (d) The board shall require all licensees or applicants to provide their Social Security
number and Minnesota business identification number on all license applications. Upon
request of the commissioner of revenue, the board must provide to the commissioner of
revenue a list of all licensees and applicants, including their names and addresses, Social
Security numbers, and business identification numbers. The commissioner of revenue may
request a list of the licensees and applicants no more than once each calendar year.
new text end

Sec. 16.

new text begin [147A.76] REGISTRY OF LICENSED PERFUSIONISTS.
new text end

new text begin For purposes of sections 147A.50 to 147A.78, the board may request necessary
assistance from state educational institutions or other state agencies in order to prepare a
registry of licensed clinical perfusionists and provisional licensed clinical perfusionists
and make this information available to the public.
new text end

Sec. 17.

new text begin [147A.78] LICENSED CLINICAL PERFUSIONIST ADVISORY
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Council members. new text end

new text begin (a) The board shall establish a licensed clinical
perfusionist advisory council to guide, advise, and make recommendations to the board.
The council shall advise the board in carrying out the provisions of sections 147A.50 to
147A.78.
new text end

new text begin (b) The council shall consist of five perfusionist members and two public members
who shall be appointed by the governor. The members of the council shall be appointed
for terms of six years, except of those first appointed, one shall have a term of one year,
one shall have a term of two years, one shall have a term of three years, one shall have a
term of four years, one shall have a term of five years, and two shall have a term of six
years. The five perfusionist members must be licensed clinical perfusionists or provisional
licensed clinical perfusionists according to sections 147A.50 to 147A.78 and maintain
licensure during the term of the appointment to the council. All council members must
be residents of this state.
new text end

new text begin (c) A member of the council may be removed if the member:
new text end

new text begin (1) does not maintain the licensure required under this section;
new text end

new text begin (2) violates any provision of sections 147A.50 to 147A.78;
new text end

new text begin (3) cannot discharge the member's duties for a substantial part of the term for which
the member is appointed because of illness or disability; or
new text end

new text begin (4) is absent from more than half of the regularly scheduled council meetings that
the member is eligible to attend during a calendar year, unless the absence is excused
by a majority vote of the council.
new text end

new text begin Subd. 2. new text end

new text begin Council meetings; quorum. new text end

new text begin No later than 30 days after the governor
appoints the initial members of the council and annually thereafter, the council shall meet
and elect one of its members as a chair and one of its members as a vice chair. The council
shall meet at least quarterly or at any other time if called by the chair or a majority of the
council. A majority of the council constitutes a quorum.
new text end