AB256: Bill Text

LRB-0942/2

MDK:jld&kmg:km

2001 - 2002 LEGISLATURE

2001 Assembly BILL 256

March 30, 2001 - Introduced by Representatives Skindrud, Berceau, Duff, Gunderson, Hahn, La Fave, Musser, Ott, Plale, Shilling and Urban, cosponsored by Senators Erpenbach, Burke, George, Grobschmidt, M. Meyer, Plache, Risser and Rosenzweig. Referred to Committee on Public Health.

AB256,1,8 An Act to amend 15.08 (1m) (b), 146.81 (1) (d), 146.997 (1) (d) 4., 155.01 (7), 448.02 (1), 448.03 (2) (b), 448.03 (2) (c), 448.03 (2) (d), 448.03 (2) (k), 448.05 (1) (d), 448.05 (6) (a) and 448.07 (1) (d); and to create 15.407 (2m), 252.14 (1) (ar) 4c., 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c), 448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04 (1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2) (b) and 448.40 (2) (c) of the statutes; relating to: licensing perfusionists, creating a perfusionists examining council, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This bill requires a person who practices perfusion or represents that he or she is a perfusionist to be licensed by the medical examining board (board). The bill defines "perfusion" as operating and managing extracorporeal circulation to support, temporarily replace, measure, treat, or supplement the cardiopulmonary and circulatory system of a patient. "Perfusion" includes using blood testing and advanced life support techniques and technologies, autotransfusion, and the administration of blood, blood products, and anesthetic and pharmacological agents.

The bill allows a person who is licensed by the board to practice perfusion under the orders and supervision of a physician. In addition, the bill requires the board to promulgate rules that define the scope of the practice of perfusion. A person licensed under the bill is subject to the board's authority under current law to take disciplinary action, including limiting, suspending, or revoking the license, for engaging in unprofessional conduct or negligence in treatment. In addition, a person must renew his or her license every 2 years and complete any continuing education requirements established by the board by rule.

The following persons are exempt from the bill's licensure requirement: 1) perfusionists who are employed in the armed services or federal health services; 2) perfusion students; 3) out-of-state perfusionists who consult with licensed perfusionists; 4) persons who perform autotransfusion or blood conservation techniques under the direction and supervision of physicians; 5) persons who are certified or eligible to be certified by the American Board of Cardiovascular Perfusion and who practice perfusion no more than 30 days in a year; and 6) federal agency employees who provide perfusion services solely under the direction or control of their employer. Also exempt are persons who assist physicians, unless such a person practices perfusion.

To qualify for licensure under the bill, a person must have completed an educational program in perfusion recognized by the board and accredited by the Accreditation Committee for Perfusion Education of the Commission on Accreditation of Allied Health Education Programs. In addition, the person must also pass an examination administered by the board that is at least as stringent and comprehensive as the certification examination used by the American Board of Cardiovascular Perfusion.

The bill also allows the following persons to be licensed without completing the education program described above or passing the examination: 1) a person who, in the 3-year period before the date on which the bill becomes law, had 3 years' experience in performing perfusion during cardiopulmonary surgery at a health care facility licensed in the United States; 2) a person who, between January 1, 1996, and January 1, 2003, had 5 years or more of experience in performing perfusion during cardiopulmonary surgery at a health care facility licensed in the United States; and 3) a person who is certified as a clinical perfusionist by the American Board of Cardiovascular Perfusion and who, between January 1, 1999, and January 1, 2003, completed an education program in perfusion approved by the Commission on Accreditation of Allied Health Education Programs. To qualify for a license under these provisions, a person must apply by January 1, 2004.

Additionally, the bill allows the board to issue a temporary license to practice perfusion to a person who has completed the education program but who has not yet passed the examination. A temporary license is valid for one year and may be renewed each year for not more than 5 years. A person holding a temporary license may practice perfusion only under the supervision and direction of a person who is licensed under the bill.

The bill establishes a perfusionists examining council that serves the board in an advisory capacity. The council consists of 3 members who are licensed under the bill and appointed by the board, one physician member appointed by the board, and one public member appointed by the governor. The physician must be either a thoracic surgeon or a cardiovascular anesthesiologist. The council members serve 3-year terms.

Finally, the bill specifies that a person who is licensed under the bill is a health care provider for purposes of state laws regarding patient health care records, prohibiting discrimination based on acquired immunodeficiency syndrome, and protecting health care providers who report violations of state laws.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB256, s. 1 Section 1. 15.08 (1m) (b) of the statutes is amended to read:

AB256,3,10 15.08 (1m) (b) The public members of the chiropractic examining board, the dentistry examining board, the hearing and speech examining board, the medical examining board, perfusionists examining council, respiratory care practitioners examining council and council on physician assistants, the board of nursing, the nursing home administrator examining board, the veterinary examining board, the optometry examining board, the pharmacy examining board, the examining board of social workers, marriage and family therapists and professional counselors, and the psychology examining board shall not be engaged in any profession or occupation concerned with the delivery of physical or mental health care.

AB256, s. 2 Section 2. 15.407 (2m) of the statutes is created to read:

AB256,3,15 15.407 (2m) Perfusionists examining council. There is created a perfusionists examining council in the department of regulation and licensing and serving the medical examining board in an advisory capacity. The council shall consist of the following members appointed for 3-year terms:

AB256,3,16 (a) Three licensed perfusionists appointed by the medical examining board.

AB256,3,18 (b) One physician who is a thoracic surgeon or a cardiovascular anesthesiologist and who is appointed by the medical examining board.

AB256,4,1 (c) One public member appointed by the governor.

AB256, s. 3 Section 3. 146.81 (1) (d) of the statutes is amended to read:

AB256,4,4 146.81 (1) (d) A physician, physician assistant, perfusionist, or respiratory care practitioner licensed or certified under subch. II of ch. 448.

AB256, s. 4 Section 4. 146.997 (1) (d) 4. of the statutes is amended to read:

AB256,4,7 146.997 (1) (d) 4. A physician, podiatrist, perfusionist, or physical therapist licensed under ch. 448.

AB256, s. 5 Section 5. 155.01 (7) of the statutes is amended to read:

AB256,4,18 155.01 (7) "Health care provider" means a nurse licensed or permitted under ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a physician, physician assistant, perfusionist, podiatrist, physical therapist, occupational therapist, or occupational therapy assistant licensed under ch. 448, a person practicing Christian Science treatment, an optometrist licensed under ch. 449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or limited liability company thereof that provides health care services, an operational cooperative sickness care plan organized under ss. 185.981 to 185.985 that directly provides services through salaried employees in its own facility, or a home health agency, as defined in s. 50.49 (1) (a).

AB256, s. 6 Section 6. 252.14 (1) (ar) 4c. of the statutes is created to read:

AB256,4,20 252.14 (1) (ar) 4c. A perfusionist licensed under subch. II of ch. 448.

AB256, s. 7 Section 7. 440.08 (2) (a) 54m. of the statutes is created to read:

AB256,4,22 440.08 (2) (a) 54m. Perfusionist: November 1 of each odd-numbered year; $56.

AB256, s. 8 Section 8. 448.015 (1e) of the statutes is created to read:

AB256,5,3 448.015 (1e) "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 or lungs or both.

AB256, s. 9 Section 9. 448.015 (1m) of the statutes is created to read:

AB256,5,11 448.015 (1m) "Perfusion" means that branch or system of treating the sick which is limited to the operation and management of extracorporeal circulation to support, temporarily replace, measure, treat, or supplement the cardiopulmonary and circulatory system of a patient, including, when necessary to and part of the management and operation of extracorporeal circulation, the use of blood testing and advanced life support techniques and technologies, autotransfusion, and the administration of blood, blood products, and anesthetic and pharmacological agents.

AB256, s. 10 Section 10. 448.015 (1s) of the statutes is created to read:

AB256,5,13 448.015 (1s) "Perfusionist" means an individual who practices perfusion.

AB256, s. 11 Section 11. 448.02 (1) of the statutes is amended to read:

AB256,5,17 448.02 (1) License. The board may grant licenses, including various classes of temporary licenses, to practice medicine and surgery, to practice perfusion, and to practice as a physician assistant.

AB256, s. 12 Section 12. 448.03 (1) (c) of the statutes is created to read:

AB256,5,21 448.03 (1) (c) No person may practice perfusion, attempt to do so, or make a representation as authorized to do so, without a license to practice perfusion granted by the board.

AB256, s. 13 Section 13. 448.03 (2) (b) of the statutes is amended to read:

AB256,5,24 448.03 (2) (b) The performance of official duties by a physician or perfusionist of any of the armed services or federal health services of the United States.

AB256, s. 14 Section 14. 448.03 (2) (c) of the statutes is amended to read:

AB256,6,4 448.03 (2) (c) The activities of a medical student, respiratory care student, perfusion student, or physician assistant student required for such student's education and training, or the activities of a medical school graduate required for training as required in s. 448.05 (2).

AB256, s. 15 Section 15. 448.03 (2) (d) of the statutes is amended to read: