22 Tex. Admin. Code § 188.4

Current through Register Vol. 49, No. 48, November 29, 2024

Section 188.4 - Qualifications for Licensure

(a) Except as otherwise provided in this section, an individual applying for licensure must:

(1) submit an application on forms approved by the board;

(2) pay the appropriate application fee;

(3) certify that the applicant is mentally and physically able to function safely as a perfusionist;

(4) not have a license, certification, or registration in this state or from any other licensing authority or certifying professional organization that is currently revoked, suspended, or subject to probation or other disciplinary action for cause;

(5) have no proceedings that have been instituted against the applicant for the restriction, cancellation, suspension, or revocation of certificate, license, or authority to practice perfusion in the state, territory, Canadian province, country, or uniformed service of the United States in which it was issued;

(6) have no prosecution pending against the applicant in any state, federal, or Canadian court for any offense that under the laws of this state is a felony;

(7) be of good professional character;

(8) not have violated any provision of any federal or state statute relating to confidentiality of patient communications or records;

(9) not have been convicted of a felony or a crime involving moral turpitude;

(10) not use drugs or alcohol to an extent that affects the applicant's professional competency;

(11) not have engaged in fraud or deceit in applying for a license;

(12) pass an independently evaluated perfusionist examination approved by the board;

(13) have successfully completed an educational program as set forth in subparagraphs (A) and (B) of this paragraph;

(A) A perfusion education program that is accredited by the Commission on Accreditation of Allied Health Education Programs (CAAHEP) at the time of graduation; or

(B) a substantially equivalent program with requirements as stringent as those established by the Accreditation Committee for Perfusion Education (AC-PE) and approved by the board.

(i) Degrees and course work received in international countries shall be acceptable only if the degree or coursework has educational standards that are as stringent as those established by the AC-PE and approved by CAAHEP or their successors.

(ii) An international training program shall be acceptable only if it has educational standards as stringent as those established by the AC-PE and approved by the CAAHEP or their successors.

(14) submit a complete and legible set of fingerprints, on a form prescribed by the medical board, to the medical board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation, as required by §603.2571 of the Act.

(15) submit to the board any other information the board considers necessary to evaluate the applicant's qualifications.

(b) Competency Examination. An individual applying for licensure must submit proof of passage of the required perfusion examination administered by the American Board of Cardiovascular Perfusion (ABCP).

(1) If an applicant has already successfully completed the required examination administered by the ABCP, the applicant shall not be required to be reexamined, provided that the applicant furnishes the board with a copy of the test results indicating that the applicant passed the examination and proof that he or she has been certified by the ABCP for some time period within three years immediately preceding date of application.

(2) An applicant who fails the required competency examination administered by the ABCP four times may not reapply as a provisional licensed perfusionist.

(3) The board shall waive the examination requirement for an applicant who, at the time of application:

(A) is licensed or certified by another state that has licensing or certification requirements that the board determines to be substantially equivalent to the requirements of this chapter; or

(B) holds a certificate as a certified clinical perfusionist issued by the ABCP before January 1, 1994, authorizing the holder to practice perfusion in a state that does not license or certify perfusionists.

(c) Jurisprudence Examination. Applicants for licensure must pass a jurisprudence examination ("JP exam"), which shall be conducted on the licensing requirements and other laws, rules, or regulations applicable to the perfusionist profession in this state. The jurisprudence examination shall be developed and administered as follows:

(1) Questions for the JP Exam shall be prepared by agency staff with input from the Advisory Committee and board and the agency staff shall make arrangements for a facility by which applicants can take the examination.

(2) Applicants must pass the JP exam with a score of 75 or better.

(3) An examinee shall not be permitted to bring books, compends, notes, journals, calculators or other help into the examination room, nor be allowed to communicate by word or sign with another examinee while the examination is in progress without permission of the presiding examiner, nor be allowed to leave the examination room except when so permitted by the presiding examiner.

(4) Irregularities during an examination such as giving or obtaining unauthorized information or aid as evidenced by observation or subsequent statistical analysis of answer sheets, shall be sufficient cause to terminate an applicant's participation in an examination, invalidate the applicant's examination results, or take other appropriate action.

(5) A person who has passed the JP Exam shall not be required to retake the Exam for another or similar license, except as a specific requirement of the board.

(6) The JP examination must be taken and passed no more than two years prior to the date of the application for licensure.

(d) Alternative License Procedures for Military Service Members, Military Veterans, and Military Spouses.

(1) An applicant who is a military service member, military veteran, or military spouse may be eligible for alternative demonstrations of competency for certain licensure requirements. Unless specifically allowed in this subsection, an applicant must meet the requirements for licensure as specified in this chapter.

(2) To be eligible, an applicant must be a military service member, military veteran, or military spouse and meet one of the following requirements:

(A) holds an active unrestricted perfusionist license issued by another state that has licensing requirements that are substantially equivalent to the requirements for a Texas perfusionist license; or

(B) within the five years preceding the application date held a perfusionist license in this state.

(3) The executive director may waive any prerequisite to obtaining a license for an applicant described by this subsection after reviewing the applicant's credentials.

(4) Applications for licensure from applicants qualifying under this section, shall be expedited by the board's licensure division. Such applicants shall be notified, in writing or by electronic means, as soon as practicable, of the requirements and process for renewal of the license.

(5) Alternative Demonstrations of Competency Allowed. Applicants qualifying under this section, notwithstanding:

(A) the one year expiration in § 188.5 of this chapter (relating to Procedural Rules for Licensure Applicants), are allowed an additional six months to complete the application prior to it becoming inactive; and

(B) the requirement to produce a copy of a valid and current certificate demonstrating completion of an educational program as described in this section and required in § 188.6 of this chapter (relating to Licensure Documentation), may substitute certification from the ABCP if it is made on a valid examination transcript.

(e) Applicants with Military Experience.

(1) The board shall, with respect to an applicant who is a military service member or military veteran as defined in § 188.2 of this chapter (relating to Definitions), credit verified military service, training, or education toward the licensing requirements, other than an examination requirement, for a license issued by the board.

(2) This section does not apply to an applicant who:

(A) has had a perfusionist license suspended or revoked by another state, territory, Canadian province or country;

(B) holds a perfusionist license issued by another state, territory, Canadian province or country that is subject to a restriction, disciplinary order, or probationary order; or

(C) has an unacceptable criminal history.

22 Tex. Admin. Code § 188.4

Adopted by Texas Register, Volume 41, Number 27, July 1, 2016, TexReg 4828, eff. 7/7/2016; Amended by Texas Register, Volume 43, Number 45, November 9, 2018, TexReg 7461, eff. 11/13/2018