November 22, 2017

RULES AND REGULATIONS Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF MEDICINE

[49 PA.CODE CHS. 16 AND 18]

Perfusionist

[43 Pa.B. 4329]
[Saturday, August 3, 2013]

16.1, 16.11 and 16.13 (relating The State Board of Medicine (Board) amends §  to definitions; licenses, certificates and registrations; and licensure, 18.601—18.611 certification, examination and registration fees) and adds §§ (relating to perfusionists) to read as set forth in Annex A.

Effective Date

This final-form rulemaking will be effective upon publication in the  Pennsylvania Bulletin.

Statutory Authority

The final-form rulemaking is authorized under sections 8 and 13.3(c) of the  422.8 and 422.13c(c)). The act Medical Practice Act of 1985 (act) (63 P. S. §§ of June 11, 2008 (P. L. 154, No. 19) (Act 19) amended the act to provide for licensure of perfusionists. This final-form rulemaking effectuates Act 19.

Summary of Comments to Proposed Rulemaking

The Board published notice of proposed rulemaking at 42 Pa.B. 3597 (June 23,  2012), with a 30-day public comment period. The Board did not receive comments from the public.

The House Professional Licensure Committee (HPLC) reviewed the proposed  rulemaking and submitted comments to the Board on July 27, 2012. The Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not submit comments. The Independent Regulatory Review Commission (IRRC) submitted comments to the Board on August 22, 2012. The Board reviewed the comments and proposed amendments at its meeting on September 11, 2012, and voted to promulgate this final-form rulemaking.

The HPLC noted that the proposed rulemaking was published approximately 18  months after the effective date of Act 19. The Board published a proposed rulemaking at 40 Pa.B. 2652 (May 22, 2010) and delivered a final-form rulemaking to the HPLC, the SCP/PLC and IRRC on September 12, 2011. On October 20, 2011, IRRC disapproved the final-form rulemaking for lack of clarity. On January 6, 2012, the Board withdrew the rulemaking to address IRRC’s concerns. As previously noted, the new version of the proposed rulemaking was published at 42 Pa.B. 3597. The Board acknowledges that the regulatory process has been lengthy and suggests that much of the delay was beyond the Board’s control.

The HPLC recommended that corrections be made to the references to  16.13(l). The corrections have 16.13(k) by replacing them with references to § § been made.

18.606 (relating to registration of The HPLC raised an issue with §  temporary emergency perfusionist service). The HPLC noted that the act requires that an out-of-State perfusionist submit a notification of emergency practice with an acknowledgement that the out-of-State perfusionist is subject to the jurisdiction of the Board. This acknowledgement is part of the registration form that an applicant for temporary emergency practice shall submit. To address this 18.606(b) that an out-of-State perfusionist concern, the Board clarified in § shall verify by personal or electronic signature the completed registration form. The HPLC also noted that the act specifies that the health care facility shall certify certain information to the Board. The certifications that the act requires be made by the health care facility are part of the registration form that shall be submitted by the health care facility. Therefore, the Board added 18.606(e) to clarify that the application for temporary emergency registration § of the out-of-State perfusionist is not complete unless the health care facility licensed by the Department of Health has submitted to the Board the certification required under the act. The HPLC also questioned whether there is a fee for an out-of-State emergency service perfusionist registration. There is not a fee for the registration; therefore, a fee is not listed in 16.13(l). §

The HPLC asked for clarification of whether an out-of-State emergency  service perfusionist needs individual professional liability insurance or is covered by a facility policy and suggested the Board require proof of insurance prior to the perfusionist performing services. The registration form both notifies the individual applicant that insurance is required and mandates that the health care facility in which the individual provides perfusion services ensures that the perfusionist has professional liability coverage for at least the minimum amount required under the act. Liability insurance for a perfusionist performing temporary emergency perfusion services may come from inclusion on a certificate of insurance issued to the institution where the services will be performed, individual purchase of a short-term insurance policy or an extension of coverage/endorsement by the insurance carrier who covers the perfusionist in the perfusionist’s home state. The Board chose to require the facility to ensure liability coverage because obtaining documentation of private coverage or providing facility-based coverage is already part of the credentialing process every institution undertakes prior to permitting a perfusionist to provide perfusion services within the facility.

The HPLC asked if the District of Columbia should be named on the list of  18.607 (relating to biennial registration of other states and jurisdictions in § perfusionist license). The Board notes that the definition of ”state” in 1 1991 (relating to definitions) provides that ”[w]hen used in Pa.C.S. § reference to the different parts of the United States, [the term] includes the District of Columbia and the several territories of the United States.” 422.37), Therefore, the use of ”state” in section 37 of the act (63 P. S. § regarding reporting of multiple licensure, which is the statutory basis for the requirement, includes the District of Columbia. However, for added clarity, the 18.607(b)(2). Board added ”district” to the listed jurisdictions in §

18.610(b)(5) (relating The HPLC recommended a typographical correction in §  to continuing education for licensed perfusionists), which has been made. The HPLC questioned if a reference to a continuing education ”sponsor” in 18.610(b)(6) referred to a continuing education provider discussed elsewhere § in the section. It does and the Board changed ”sponsor” to ”provider” in 18.610(b)(6) for clarity. The HPLC recommended correcting ”visit” in § 18.610(b)(11) to ”visitor.” The Board made the correction. §

18.610(b)(12) be written to read: ”Proof of The HPLC suggested that §  completion of continuing education shall be retained by a licensee for 5 years after completion of the continuing education or after the completion of the biennial registration period for which the continuing education as required, 18.610, the Board realized that neither whichever is later.” Upon review of § paragraph (12) nor paragraph (13) should be part of subsection (b). Accordingly, rather than rewrite paragraph (12), the Board renumbered paragraph (12) as subsection (c) and renumbered paragraph (13) as subsection (d). Proposed subsection (c) was renumbered as subsection (e).

The HPLC asked if there are sanctions for a licensee who fails to submit  proof of meeting continuing education requirements upon the Board’s request 18.610(d)). A licensee who cannot submit 18.610(b)(13) (final-form § under § proof of meeting the continuing education requirements is subject to discipline 422.41(1) and (6)), which under section 41(1) or (6) of the act (63 P. S. § authorizes the Board to discipline a licensee for failing to demonstrate the qualifications for registration and for violating a lawful regulation promulgated by the Board. Currently, individuals who have failed to meet the continuing education requirement are most frequently disciplined by means of a consent agreement, when the individual pays a fine and agrees to make up the deficiency in addition to completing the continuing education required for the current biennial period.

18.611(c) (relating to The HPLC pointed out a typographical error in §  professional liability insurance coverage for licensed perfusionists), which has been corrected.

IRRC questioned the proposed application and biennial renewal fees for  perfusionists, which are higher than the fees for other licensees. Application fees are determined by the Department of State’s Division Chief for the Revenue Office (Division Chief) at the time the application is developed and are based on the estimated amount of time to review the application and the level of the individual who performs the reviewing functions. Biennial renewal fees are based on the Board’s overall budget and are intended to cover the expenses of functions performed by the Board. Fee report forms are developed by the Division Chief and presented to the Board for approval. Some of the Board’s fees have not been re-evaluated in many years; therefore, the fees are not necessarily comparable.

IRRC suggested that the Board use ”may” instead of ”will” in  18.610(d)), regarding the biennial audit performed 18.610(b)(13) (final-form § § for continuing education compliance. The Board made the suggested amendment.

IRRC also commented that the limitation on counting continuing education  18.610(c)(2)(vi) (final-form credits for teaching was not clear in § 18.610(e)(2)(vi)). The Board amended the section to clarify that two § continuing education credits may be earned for teaching a single course, with a maximum of four credits earned biennially under the subparagraph.

18.610(c)(2)(vii) (final-form IRRC suggested that the language in §  18.610(e)(2)(vii)), regarding counting credits for site visits, was unclear as § to whether all site visits counted for five credits or whether five was the maximum number of credits. A site visit is an extensive, multiday evaluation and the Board intended that participation in a site visit would be credited with five credits. The Board also intended that an individual not be permitted to earn these five credits more than once in a biennial period. The Board clarified this subsection.

Description of Amendments to the Final-Form Rulemaking

16.13(k) by changing the The Board amended incorrect references to §  18.603(a), 18.604(a), 18.605(a), 18.607(b)(1) and 16.13(l) in §§ references to § 18.608(d)(2).

18.606(b), the Board added a requirement for registration of temporary In §  emergency perfusionist service that the out-of-State perfusionist verify the completed registration form by personal or electronic signature. The application form requires that the out-of-State perfusionist verify that the registrant is 18.606(e), the Board added a subject to the authority of the Board. In § requirement for registration of temporary emergency perfusionist service that the health care facility have completed the certification required under section 13.3(j)(1)(ii) of the act. This certification is part of the application form for registration of temporary emergency perfusionist service.

The Board added ”district” to the list including other states and  18.607(b)(2). territories in §

18.608 (relating to inactive and expired status of The Board amended §  perfusionist license; reactivation of inactive or expired license) to reflect the distinction made by the Board between inactive and expired licenses. A license becomes inactive by licensee request. A license becomes expired by the failure of a licensee to register the license biennially. Upon review, it became apparent to the Board that the distinction should be clarified in the regulations.

18.610(b)(5) and The Board corrected the spelling of ”complete” in §  18.610(b)(6). The Board corrected changed ”sponsor” to ”provider” in § 18.610(b)(11). The Board renumbered ”visit” to ”visitor” in § 18.610(c) as 18.610(c) and (d) and renumbered § 18.610(b)(12) and (13) as § § 18.610(d), the Board changed ”will” to ”may,” indicating 18.610(e). In § § that it does not always audit 100% of licensees for continuing education 18.610(e)(2)(vi), the Board clarified that working as a compliance. In § clinical or didactic instructor in an accredited school will earn two continuing 18.610(e)(2)(vii), the education credits for teaching a single course. In § Board clarified that five continuing education credits may be earned for participation in a site visitor’s workshop or as an official site visitor for perfusion program accreditation.

Fiscal Impact and Paperwork Requirements

The final-form rulemaking will not have an adverse fiscal impact on the  Commonwealth or its political subdivisions. Perfusionists who wish to become licensed to practice in this Commonwealth will bear the fiscal impact in the form of required fees and costs associated with obtaining the required continuing education and professional liability insurance.

The act and these regulations require perfusionists to maintain records of  their participation in continuing education activities to present to the Board as evidence of their completion of statutorily-mandated continuing education. The act and the regulations require the Board and the Department of State to maintain licensure records, including application forms, on applicants for licensure and licensees. The act and the regulations require health care facilities licensed by the Department of Health who intend to utilize the perfusion services of an out-of-State perfusionist to certify certain information to the Board as part of the process for registration of the out-of-State perfusionist. It is anticipated that these requirements will have a very minimal fiscal impact on affected parties.

Sunset Date

The Board continuously monitors its regulations. Therefore, a sunset date  has not been assigned.

Regulatory Review

745.5(a)), on Under section 5(a) of the Regulatory Review Act (71 P. S. §  June 12, 2012, the Board submitted a copy of the notice of proposed rulemaking, published at 42 Pa.B. 3597, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.

Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the  SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.

Under section 5.1(j.2) of the Regulatory Review Act (71 P. S.  745.5a(j.2)), on June 19, 2013, the final-form rulemaking was deemed approved § by the HPLC and the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on June 20, 2013, and approved the final-form rulemaking.

Findings

The Board finds that:

Public notice of proposed rulemaking was given under sections 201 and (1)  202 of the act of Ju1201 and 1202) ly 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 7.1 and 7.2. and the regulations promulgated thereunder, 1 Pa. Code §§

A public comment period was provided as required by law and the comments (2)  were considered.

The amendments to the final-form rulemaking do not enlarge the purpose (3)  of proposed rulemaking published at 42 Pa.B. 3597.

This final-form rulemaking is necessary and appropriate for (4)  administering and enforcing the authorizing act.

Order

The Board, acting under its authorizing statute, orders that:

The regulations of the Board, 49 Pa. Code Chapters 16 and 18, are (a)  16.1, 16.11 and 16.13 to 18.601—18.611 and by amending §§ amended by adding §§ read as set forth in Annex A, with ellipses referring to the existing text of the regulations.

The Board shall submit this order and Annex A to the Office of General (b)  Counsel and the Office of Attorney General as required by law.

The Board shall certify this order and Annex A and deposit them with the (c)  Legislative Reference Bureau as required by law.

This order shall take effect upon publication in the (d)  Pennsylvania Bulletin.

 ANDREW J. BEHNKE, MD,
Chairperson

( Editor’s NoteFor the text of the order of the Independent : Regulatory Review Commission relating to this document, see 43 Pa.B. 3857 (July 6, 2013).)

Fiscal Note:Fiscal Note 16A-4935 remains valid for the final  adoption of the subject regulations.

Annex A

PROFESSIONAL AND VOCATIONAL STANDARDSTITLE 49.

DEPARTMENT OF STATEPART I.

PROFESSIONAL AND OCCUPATIONAL AFFAIRSSubpart A.

STATE BOARD OF MEDICINE—GENERAL PROVISIONSCHAPTER 16.

BASIC DEFINITIONS AND INFORMATIONSubchapter A.

Definitions.16.1.§

The following words and terms, when used in this chapter and Chapters 17 and  18 (relating to State Board of Medicine—medical doctors; and State Board of Medicine—practitioners other than medical doctors), have the following meanings, unless the context clearly indicates otherwise:

*  *  *  *  *

Board-regulated practitioner—A medical doctor, midwife, physician assistant, drugless therapist, athletic trainer, acupuncturist, practitioner of Oriental medicine, perfusionist or an applicant for a license or certificate that the Board may issue.

*  *  *  *  *

GENERAL LICENSE, CERTIFICATION AND REGISTRATIONSubchapter B. PROVISIONS

Licenses, certificates and registrations.16.11.§

The following medical doctor licenses are issued by the Board: (a)

License without restriction. (1)

Institutional license. (2)

Extraterritorial license. (3)

Graduate license. (4)

Temporary license. (5)

Interim limited license. (6)

The following nonmedical doctor licenses and certificates are issued by (b)  the Board:

Nurse-midwife license. (1)

Nurse-midwife certificate of prescriptive authority. (2)

Physician assistant license. (3)

Acupuncturist license. (4)

Practitioner of Oriental medicine license. (5)

Behavior specialist license. (6)

Athletic trainer license. (7)

Perfusionist license. (8)

The following registrations are issued by the Board: (c)

Registration as a supervising physician of a physician assistant. (1)

Biennial registration of a license without restriction. (2)

Biennial registration of an extraterritorial license. (3)

Biennial registration of a midwife license. (4)

Biennial registration of a physician assistant license. (5)

Biennial registration of a drugless therapist license. (6)

Biennial registration of a limited license-permanent. (7)

Biennial registration of an acupuncturist license. (8)

Biennial registration of a practitioner of Oriental medicine (9)  license.

Biennial registration of a behavior specialist license. (10)

Biennial registration of athletic trainer license. (11)

Biennial registration of a perfusionist license. (12)

Licensure, certification, examination and registration16.13.§ fees.

*  *  *  *  *

 (k) Examination Fees:

The Board has adopted Nationally recognized examinations in each licensing  class. Fees are established by the National owners/providers of the examinations and are indicated in the examination applications.

(l) Perfusionist License:

Application for perfusionist license
$50

Biennial registration of perfusionist license
$50

Application for reactivation of perfusionist license
$50

Application for temporary graduate perfusionist
license
$50

Application for temporary provisional perfusionist
license
$40

STATE BOARD OF MEDICINE—PRACTITIONERS OTHER THAN MEDICALCHAPTER 18. DOCTORS

PERFUSIONISTSSubchapter J.

Sec.

18.601. Purpose.
18.602. Definitions.
18.603. Application for perfusionist license.
18.604. Application for temporary graduate perfusionist license.
18.605. Application for temporary provisional perfusionist license.
18.606. Registration of temporary emergency perfusionist service.
18.607. Biennial registration of perfusionist license.
18.608. Inactive and expired status of perfusionist license; reactivation of inactive or expired license.
18.609. Disciplinary action for licensed perfusionists.
18.610. Continuing education for licensed perfusionists.
18.611. Professional liability insurance coverage for licensed perfusionists.

Purpose.18.601.§

422.13c), This subchapter implements section 13.3 of the act (63 P. S. §  regarding perfusionists.

Definitions.18.602.§

The following words and terms, when used in this subchapter, have the  following meanings, unless the context clearly indicates otherwise:

ABCP—The American Board of Cardiovascular Perfusion.

Accredited perfusion program approved by the Board—A perfusion program accredited by a Nationally-recognized accrediting agency approved by the Board.

CAAHEP—The Commission on Accreditation of Allied Health Education Programs.

Extracorporeal circulation—The diversion of a patient’s blood through a heart-lung machine or similar device that assumes the functions of the patient’s heart, lungs, kidneys, liver or other organ.

Hour of continuing education—At least 50 minutes of instruction, including relevant question and answer sessions, in an approved course of continuing education or an equivalent time that an online or correspondence course would be presented live.

Nationally-recognized accrediting agency approved by the Board—CAAHEP or other organization for which the Board publishes notice that the organization is approved by the Board as an accrediting agency for perfusionist programs.

Nationally-recognized certifying agency approved by the Board—ABCP or other organization for which the Board publishes notice that the organization is approved by the Board as a certifying agency for perfusionists.

Out-of-State perfusionist—An individual who holds a current license as a perfusionist in another state, the District of Columbia or a territory of the United States or has obtained certification by a certifying agency approved by a Nationally-recognized accrediting agency.

Perfusion—The functions necessary for the support, treatment, measurement or supplementation of the cardiovascular system or other organs, or a combination of those functions, and for ensuring the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under the supervision of a physician licensed under the act or the Osteopathic 271.1—271.18). Medical Practice Act (63 P. S. §§

Perfusionist—An individual who is licensed to practice perfusion by the Board or the State Board of Osteopathic Medicine.

Ventricular assist device

A mechanical device used to partially or completely replace the function (i)  of a failing heart through connections to the heart and great vessels that may be located intracorporeally or extracorporeally.

The term includes a device that is placed intravascularly or (ii)  extravascularly and provides support through direct means or through counterpulsation.

Application for perfusionist license.18.603.§

An applicant for a license to practice as a perfusionist shall submit, (a)  on forms made available by the Board, a completed application, including the necessary supporting documents, for a license to practice as a perfusionist and 16.13(l) (relating to licensure, certification, examination and pay the fee in § registration fees) for application for a perfusionist license.

The Board may issue a license to practice as a perfusionist to an (b)  applicant who:

Demonstrates that the applicant holds a current certification by a (1)  certifying agency approved by a Nationally-recognized accrediting agency approved by the Board.

Demonstrates that the applicant has graduated from an accredited (2)  perfusion program approved by the Board.

Demonstrates that the applicant is at least 18 years of age and of good (3)  moral character.

Demonstrates that the applicant has obtained professional liability (4)  insurance as required under section 13.3(k) of the act (63 P. S. 422.13c(k)). §

Otherwise complies with this subchapter. (5)

The Board may deny an application for licensure as a perfusionist upon (c)  18.609 (relating to disciplinary action the grounds for disciplinary action in § for licensed perfusionists).

Application for temporary graduate perfusionist license.18.604.§

An applicant for a temporary graduate perfusionist license shall submit, (a)  on forms made available by the Board, a completed application, including the 16.13(l) (relating to necessary supporting documents, and pay the fee in § licensure, certification, examination and registration fees) for an application for a temporary graduate perfusionist license.

The Board may grant a temporary graduate perfusionist license, which (b)  authorizes the license holder to practice only under the supervision and direction of a perfusionist licensed under the act, to an applicant who:

Demonstrates that the applicant is eligible for and has applied to sit (1)  for the examination of a certifying agency approved by a Nationally-recognized accrediting agency approved by the Board.

Demonstrates that the applicant has graduated from an accredited (2)  perfusion program approved by the Board.

Demonstrates that the applicant is at least 18 years of age and of good (3)  moral character.

Demonstrates that the applicant has obtained professional liability (4)  insurance as required under section 13.3(k) of the act (63 P. S. 422.13c(k)). §

Otherwise complies with this subchapter. (5)

The Board may deny an application for a temporary graduate perfusionist (c)  18.609 (relating to license upon the grounds for disciplinary action in § disciplinary action for licensed perfusionists).

A temporary graduate perfusionist license expires 2 years after the date (d)  of issuance and may not be renewed.

A temporary graduate perfusionist license expires upon notice to the (e)  Board that the holder has failed the Nationally-recognized certifying agency’s certification examination. The holder of a temporary graduate perfusionist license who fails the examination shall immediately cease practicing and return the license to the Board.

Application for temporary provisional perfusionist18.605.§ license.

An applicant for a temporary provisional perfusionist license shall (a)  submit, on forms made available by the Board, a completed application, including 16.13(l) (relating to the necessary supporting documents, and pay the fee in § licensure, certification, examination and registration fees) for application for a temporary provisional perfusionist license.

The Board may grant a temporary provisional perfusionist license to an (b)  applicant who:

Demonstrates that the applicant holds a current license in good standing (1)  under the laws of another state, the District of Columbia or a territory of the United States that includes certification by a certifying agency approved by a Nationally-recognized accrediting agency.

Demonstrates that the applicant has graduated from an accredited (2)  perfusion program approved by the Board.

Demonstrates that the applicant is at least 18 years of age and of good (3)  moral character.

Demonstrates that the applicant has obtained professional liability (4)  insurance as required under section 13.3(k) of the act (63 P. S. 422.13c(k)). §

Otherwise complies with this subchapter. (5)

The Board may deny an application for temporary provisional perfusionist (c)  18.609 (relating to licensure upon the grounds for disciplinary action in § disciplinary action for licensed perfusionists).

A temporary provisional perfusionist license expires 1 year after the (d)  date of issuance and may not be renewed.

Registration of temporary emergency perfusionist service.18.606.§

An out-of-State perfusionist shall register with the Board prior to (a)  providing temporary emergency perfusionist service in this Commonwealth in 422.13c(j)). accordance with section 13.3(j) of the act (63 P. S. §

The out-of-State perfusionist or another person acting on behalf of the (b)  out-of-State perfusionist shall submit, on forms made available by the Board, a completed registration form with the questions fully answered which shall be verified by the out-of-State perfusionist by personal or electronic signature. The completed registration form shall be submitted by electronic means, including computer-to-computer, computer-to-facsimile machine or e-mail transmission.

Although not limited to a single procedure or single patient or group of (c)  related patients, an out-of-State perfusionist may provide temporary emergency perfusionist services in this Commonwealth for no longer than 72 hours.

An out-of-State perfusionist may not provide temporary emergency (d)  perfusionist service in this Commonwealth more than once without being licensed 18.605 (relating to application for 18.604 or § 18.603, § in accordance with § perfusionist license; application for temporary graduate perfusionist license; and application for temporary provisional perfusionist license).

A registration for an out-of-State perfusionist is not complete unless (e)  the health care facility licensed by the Department of Health has submitted the certification required under section 13.3(j)(1)(ii) of the act to the Board by electronic means, including computer-to-computer, computer-to-facsimile machine or e-mail transmission.

Biennial registration of perfusionist license.18.607.§

The license of a perfusionist expires bi (a) ennially on December 31 of each 16.15 (relating to biennial even-numbered year in accordance with § registration; inactive status and unregistered status). A perfusionist may not practice after December 31 of an even-numbered year unless the perfusionist has completed the biennial registration process and the Board has issued a renewed registration.

As a condition of biennial registration, a perfusionist shall: (b)

Submit a completed application, including payment of the biennial (1)  16.13(l) (relating to licensure, certification, registration fee in § examination and registration fees), for application for biennial registration of a perfusionist license.

Disclose on the application a license to practice as a perfusionist in (2)  another state, district, territory, possession or country.

Disclose on the application disciplinary action pending before or taken (3)  by the appropriate health care licensing authority in another jurisdiction since the most recent application for biennial registration, whether or not licensed to practice in that other jurisdiction.

Disclose on the application pending criminal charges and a finding or (4)  verdict of guilt, admission of guilt, plea of nolo contendere, probation without verdict, disposition instead of trial or accelerated rehabilitative disposition in a criminal matter since the most recent application for biennial registration.

Verify on the application that the licensed perfusionist has complied (5)  with the continuing education requirements mandated under section 13.3(n) of the 422.13c(n)) during the biennial period immediately preceding the act (63 P. S. § 18.610 (relating to period for which registration is sought in accordance with § continuing education for licensed perfusionists).

Verify on the application that, if practicing as a perfusionist in this (6)  Commonwealth, the licensee maintains professional liability insurance coverage in accordance with section 13.3(k) of the act.

Inactive and expired status of perfusionist license; reactivation18.608.§ of inactive or expired license.

A perfusionist license will become inactive if the licensee requests in (a)  writing that the Board place the license on inactive status. The Board will provide written confirmation of inactive status to the licensee at the licensee’s last known address on file with the Board.

A perfusionist license will be classified as expired if the licensee (b)  fails to register the license by the expiration of the biennial registration period on December 31 of each even-numbered year. The Board will provide written notice to a licensee who fails to make biennial registration by sending a notice to the licensee’s last known address on file with the Board.

A perfusionist whose license has become inactive or expired may not (c)  practice as a perfusionist in this Commonwealth until the license has been reactivated.

To reactivate an inactive or expired license, the licensee shall apply (d)  on forms made available by the Board and fully answer the questions. The licensee shall:

18.610(b) (relating to Include the documentation required under § (1)  continuing education for licensed perfusionists) for the immediately preceding biennium, which may be completed during the current biennium. Unless waived by 422.13c(n)(4)), the the Board under section 13.3(n)(4) of the act (63 P. S. § Board will not reactivate a license until the required continuing education for the preceding biennium has been successfully completed.

Pay the current biennial registration fee and the reactivation (2)  16.13(l) (relating to licensure, certification, examination application fee in § and registration fees).

Verify that the licensee did not practice as a perfusionist in this (3)  Commonwealth while the license was inactive or expired except as provided in subsection (e).

A licensee who has practiced with an inactive or expired license and who (e)  cannot make the verification required under subsection (d)(3) shall also pay the fees required under this subsection. Payment of a late fee does not preclude the Board from taking disciplinary action for practicing as a perfusionist without a currently registered license.

A licensee whose license was active at the end of the immediately (1)  preceding biennial registration period and who practiced after the license became inactive or expired shall pay a late fee of $5 for each month or part of a month from the beginning of the current biennium until the date the reactivation application is filed.

A licensee whose license has been inactive or expired since before the (2)  beginning of the current biennium shall pay the biennial registration fee for each biennial registration period during which the licensee practiced and shall pay a late fee of $5 for each month or part of a month from the first date the licensee practiced as a perfusionist in this Commonwealth after the license became inactive or expired until the date the reactivation application is filed.

Disciplinary action for licensed perfusionists.18.609.§

A licensed perfusionist, including a perfusionist holding a temporary (a)  graduate license or a temporary provisional license, is subject to disciplinary 422.41). Following a final action under section 41 of the act (63 P. S. § determination subject to the right of notice, hearing and adjudication and the 501—508 and 701—704 (relating to right of appeal in accordance with 2 Pa.C.S. §§ Administrative Agency Law), the Board may impose a corrective action in section 422.42). 42 of the act (63 P. S. §

(b) Unprofessional conduct includes:

16.110 (relating to sexual Engaging in conduct prohibited under § (1)  misconduct).

Performing an act in a health care profession in a fraudulent, (2)  incompetent or negligent manner.

Violating a provision of the act or this chapter setting a standard of (3)  professional conduct.

Engaging in health care practice beyond the licensee’s authority to (4)  practice.

Representing oneself to be a physician, physician assistant, certified (5)  registered nurse practitioner or other health care practitioner whose profession the perfusionist is not licensed to practice.

Practicing while the licensee’s ability to do so is impaired by alcohol, (6)  drugs, physical disability or mental instability.

Revealing personally identifiable facts obtained as the result of a (7)  practitioner-patient relationship without the prior consent of the patient, except as authorized or required under statute or regulation.

Failing to provide supervision as required under section 13.3(e)(2) of (8)  422.13c(e)(2)) of a perfusion student or failing to provide the act (63 P. S. § supervision as required under section 13.3(e)(3) of the act of a perfusion graduate who is not otherwise licensed by the Board to perform perfusion in this Commonwealth.

Immoral conduct includes: (c)

Misrepresenting or concealing a material fact in obtaining a license (1)  issued by the Board or renewal, reactivation or reinstatement thereof.

Being convicted of a crime involving moral turpitude, dishonesty or (2)  corruption in the courts of the Commonwealth, the United States, another state, the District of Columbia, a territory of the United States or another country.

Committing an act involving moral turpitude, dishonesty or (3)  corruption.

Continuing education for licensed perfus- ionists.18.610.§

(a) Credit hour requirements. A licensed perfusionist shall satisfy the following continuing education credit hour requirements.

As a condition for biennial registration, a licensee shall complete at (1)  least 30 hours of continuing education applicable to the practice of perfusion, including at least 10 hours of category I continuing education. A licensee is not required to complete continuing education during the biennium in which the licensee is first licensed.

Except when reactivating an inactive license, when the Board has granted (2)  a waiver or when ordered by the Board, continuing education credits may be used to satisfy the continuing education credit hour requirements only for the biennial period in which the credits were earned. An hour of continuing education may not be used to satisfy the requirement of paragraph (1) for more than 1 biennium.

A licensee may request a waiver of the continuing education credit hour (3)  requirements because of serious illness, military service or other demonstrated hardship by submitting a request for waiver with supporting documentation to the Board at least 90 days prior to the end of the biennial registration period for which the waiver is sought. The Board may grant the waiver request in whole or in part and may extend the deadline by which the credit hour requirements shall be met.

A licensee may be subject to disciplinary sanction as provided in (4)  422.41), including the suspension or section 41 of the act (63 P. S. § revocation of the license, imposition of a civil penalty or other corrective measure as determined by the Board if the licensee either submits false information to the Board regarding completion of the continuing education credit hour requirements to complete biennial registration or fails to complete the continuing education hour requirements and practices as a perfusionist after the end of the biennial period.

(b) Documentation of continuing education. Continuing education shall be documented in the following manner.

Proof of attendance at an ABCP-approved perfusion meeting consists of a (1)  certified record issued by the provider, including:

The name of the participant. (i)

The name of the provider. (ii)

The date or dates of the course. (iii)

The name of the course. (iv)

The number of hours of continuing education credit. (v)

Proof of a perfusion-related publication consists of the complete (2)  citation reference to the book, chapter or paper in a professional publication.

Proof of presentation at an ABCP-approved or international perfusion (3)  meeting consists of a copy of the program agenda.

Proof of participation in an ABCP knowledge base survey consists of a (4)  letter from ABCP.

Proof of reading or viewing medical journals, audio-visual or other (5)