SB108,1,8 1An Act to amend 15.08 (1m) (b), 146.81 (1) (d), 146.997 (1) (d) 4., 155.01 (7),
2448.02 (1), 448.03 (2) (b), 448.03 (2) (c), 448.03 (2) (d), 448.03 (2) (k), 448.05 (1)
3(d), 448.05 (6) (a) and 448.07 (1) (d); and to create 15.407 (2m), 252.14 (1) (ar)
44c., 440.08 (2) (a) 54m., 448.015 (1e), 448.015 (1m), 448.015 (1s), 448.03 (1) (c),
5448.03 (2) (L), 448.03 (2) (m), 448.03 (2) (n), 448.03 (3) (f), 448.04 (1) (d), 448.04
6(1) (e), 448.05 (3), 448.05 (6) (am), 448.13 (2), 448.40 (2) (b) and 448.40 (2) (c) of
7the statutes; relating to: licensing perfusionists, creating a perfusionists
8examining 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:
SB108, s. 1 1Section 1. 15.08 (1m) (b) of the statutes is amended to read:
SB108,3,102 15.08 (1m) (b) The public members of the chiropractic examining board, the
3dentistry examining board, the hearing and speech examining board, the medical
4examining board, perfusionists examining council, respiratory care practitioners
5examining council and council on physician assistants, the board of nursing, the
6nursing home administrator examining board, the veterinary examining board, the
7optometry examining board, the pharmacy examining board, the examining board
8of social workers, marriage and family therapists and professional counselors, and
9the psychology examining board shall not be engaged in any profession or occupation
10concerned with the delivery of physical or mental health care.
SB108, s. 2 11Section 2. 15.407 (2m) of the statutes is created to read:
SB108,3,1512 15.407 (2m) Perfusionists examining council. There is created a perfusionists
13examining council in the department of regulation and licensing and serving the
14medical examining board in an advisory capacity. The council shall consist of the
15following members appointed for 3-year terms:
SB108,3,1616 (a) Three licensed perfusionists appointed by the medical examining board.
SB108,3,1817 (b) One physician who is a thoracic surgeon or a cardiovascular
18anesthesiologist and who is appointed by the medical examining board.
SB108,4,1
1(c) One public member appointed by the governor.
SB108, s. 3 2Section 3. 146.81 (1) (d) of the statutes is amended to read:
SB108,4,43 146.81 (1) (d) A physician, physician assistant, perfusionist, or respiratory care
4practitioner licensed or certified under subch. II of ch. 448.
SB108, s. 4 5Section 4. 146.997 (1) (d) 4. of the statutes is amended to read:
SB108,4,76 146.997 (1) (d) 4. A physician, podiatrist, perfusionist, or physical therapist
7licensed under ch. 448.
SB108, s. 5 8Section 5. 155.01 (7) of the statutes is amended to read:
SB108,4,189 155.01 (7) "Health care provider" means a nurse licensed or permitted under
10ch. 441, a chiropractor licensed under ch. 446, a dentist licensed under ch. 447, a
11physician, physician assistant, perfusionist, podiatrist, physical therapist,
12occupational therapist, or occupational therapy assistant licensed under ch. 448, a
13person practicing Christian Science treatment, an optometrist licensed under ch.
14449, a psychologist licensed under ch. 455, a partnership thereof, a corporation or
15limited liability company thereof that provides health care services, an operational
16cooperative sickness care plan organized under ss. 185.981 to 185.985 that directly
17provides services through salaried employees in its own facility, or a home health
18agency, as defined in s. 50.49 (1) (a).
SB108, s. 6 19Section 6. 252.14 (1) (ar) 4c. of the statutes is created to read:
SB108,4,2020 252.14 (1) (ar) 4c. A perfusionist licensed under subch. II of ch. 448.
SB108, s. 7 21Section 7. 440.08 (2) (a) 54m. of the statutes is created to read:
SB108,4,2222 440.08 (2) (a) 54m. Perfusionist: November 1 of each odd-numbered year; $56.
SB108, s. 8 23Section 8. 448.015 (1e) of the statutes is created to read:
SB108,5,3
1448.015 (1e) "Extracorporeal circulation" means the diversion of a patient's
2blood through a heart-lung machine or a similar device that assumes the functions
3of the patient's heart or lungs or both.
SB108, s. 9 4Section 9. 448.015 (1m) of the statutes is created to read:
SB108,5,115 448.015 (1m) "Perfusion" means that branch or system of treating the sick
6which is limited to the operation and management of extracorporeal circulation to
7support, temporarily replace, measure, treat, or supplement the cardiopulmonary
8and circulatory system of a patient, including, when necessary to and part of the
9management and operation of extracorporeal circulation, the use of blood testing and
10advanced life support techniques and technologies, autotransfusion, and the
11administration of blood, blood products, and anesthetic and pharmacological agents.
SB108, s. 10 12Section 10. 448.015 (1s) of the statutes is created to read:
SB108,5,1313 448.015 (1s) "Perfusionist" means an individual who practices perfusion.
SB108, s. 11 14Section 11. 448.02 (1) of the statutes is amended to read:
SB108,5,1715 448.02 (1) License. The board may grant licenses, including various classes
16of temporary licenses, to practice medicine and surgery, to practice perfusion, and to
17practice as a physician assistant.
SB108, s. 12 18Section 12. 448.03 (1) (c) of the statutes is created to read:
SB108,5,2119 448.03 (1) (c) No person may practice perfusion, attempt to do so, or make a
20representation as authorized to do so, without a license to practice perfusion granted
21by the board.
SB108, s. 13 22Section 13. 448.03 (2) (b) of the statutes is amended to read:
SB108,5,2423 448.03 (2) (b) The performance of official duties by a physician or perfusionist
24of any of the armed services or federal health services of the United States.
SB108, s. 14 25Section 14. 448.03 (2) (c) of the statutes is amended to read:
SB108,6,4
1448.03 (2) (c) The activities of a medical student, respiratory care student,
2perfusion student,
or physician assistant student required for such student's
3education and training, or the activities of a medical school graduate required for
4training as required in s. 448.05 (2).
SB108, s. 15 5Section 15. 448.03 (2) (d) of the statutes is amended to read:
SB108,6,96 448.03 (2) (d) Actual consultation or demonstration by licensed physicians or
7perfusionists
or certified respiratory care practitioners of other states or countries
8with licensed physicians or perfusionists or certified respiratory care practitioners
9of this state.
SB108, s. 16 10Section 16. 448.03 (2) (k) of the statutes is amended to read:
SB108,6,1211 448.03 (2) (k) Any persons, other than physician assistants or perfusionists,
12who assist physicians.
SB108, s. 17 13Section 17. 448.03 (2) (L) of the statutes is created to read:
SB108,6,1514 448.03 (2) (L) A person performing autotransfusion or blood conservation
15techniques under the direction and supervision of a licensed physician.
SB108, s. 18 16Section 18. 448.03 (2) (m) of the statutes is created to read:
SB108,6,1917 448.03 (2) (m) A person practicing perfusion for not more than 30 days in a year,
18if the person is certified or eligible to be certified as a clinical perfusionist by the
19American Board of Cardiovascular Perfusion.
SB108, s. 19 20Section 19. 448.03 (2) (n) of the statutes is created to read:
SB108,6,2321 448.03 (2) (n) A person employed as a perfusionist by a federal agency, as
22defined in s. 59.57 (2) (c) 1., if the person provides perfusion services solely under the
23direction or control of the federal agency by which he or she is employed.
SB108, s. 20 24Section 20. 448.03 (3) (f) of the statutes is created to read:
SB108,7,5
1448.03 (3) (f) A person who is not licensed to practice perfusion by the board
2may not designate himself or herself as a perfusionist, use or assume the title
3"licensed perfusionist" or the abbreviation "L.P.," or use any other title, letters, or
4designation that represents or may tend to represent the person as a perfusionist.
5This paragraph does not apply to any of the following:
SB108,7,86 1. Any person employed as a perfusionist by a federal agency, as defined in s.
759.57 (2) (c) 1., if the person provides perfusion services solely under the direction or
8control of the federal agency by which he or she is employed.
SB108,7,129 2. Any person pursuing a supervised course of study leading to a degree or
10certificate in perfusion under an accredited or approved educational program, if the
11person is designated by a title that clearly indicates his or her status as a student or
12trainee.
SB108,7,1513 3. Any person practicing perfusion under a temporary license issued under s.
14448.04 (1) (e), if the person is designated by a title that clearly indicates that he or
15she is practicing under a temporary license.
SB108, s. 21 16Section 21. 448.04 (1) (d) of the statutes is created to read:
SB108,7,1917 448.04 (1) (d) License to practice perfusion. A person holding a license to
18practice perfusion may practice perfusion under the orders and supervision of a
19physician.
SB108, s. 22 20Section 22. 448.04 (1) (e) of the statutes is created to read:
SB108,8,521 448.04 (1) (e) Temporary license to practice perfusion. The board may, by rule,
22provide for a temporary license to practice perfusion for a person who satisfies the
23requirements of s. 448.05 (3) but who has not passed an examination under s. 448.05
24(6). The board may issue a temporary license for a period not to exceed one year and
25may renew a temporary license annually for not more than 5 years. A person who

1holds a temporary license may not practice perfusion unless the person is under the
2supervision and direction of a licensed perfusionist at all times while the person is
3performing perfusion. The board may promulgate rules governing supervision by
4licensed perfusionists, except that those rules may not require the immediate
5physical presence of the supervising, licensed perfusionist.
SB108, s. 23 6Section 23. 448.05 (1) (d) of the statutes is amended to read:
SB108,8,97 448.05 (1) (d) Be found qualified by three-fourths of the members of the board,
8except that an applicant for a temporary license under s. 448.04 (1) (b) 1. and 3. and
9(e)
must be found qualified by 2 members of the board.
SB108, s. 24 10Section 24. 448.05 (3) of the statutes is created to read:
SB108,8,1511 448.05 (3) License to practice perfusion. An applicant for a license to practice
12perfusion must supply evidence satisfactory to the board that he or she has
13successfully completed an educational program in perfusion recognized by the board
14and accredited by the Accreditation Committee for Perfusion Education of the
15Commission on Accreditation of Allied Health Education Programs or its successor.
SB108, s. 25 16Section 25. 448.05 (6) (a) of the statutes is amended to read:
SB108,8,2517 448.05 (6) (a) The Except as provided in par. (am), the board shall examine each
18applicant it finds eligible under this section in such subject matters as the board
19deems applicable to the class of license or certificate which the applicant seeks to
20have granted. Examinations may be both written and oral. In lieu of its own
21examinations, in whole or in part, the board may make such use as it deems
22appropriate of examinations prepared, administered, and scored by national
23examining agencies, or by other licensing jurisdictions of the United States or
24Canada. The board shall specify passing grades for any and all examinations
25required.
SB108, s. 26
1Section 26. 448.05 (6) (am) of the statutes is created to read:
SB108,9,52 448.05 (6) (am) When examining an applicant for a license to practice perfusion
3under par. (a), the board shall use an examination at least as stringent and
4comprehensive as the certification examination used by the American Board of
5Cardiovascular Perfusion or its successor.
SB108, s. 27 6Section 27. 448.07 (1) (d) of the statutes is amended to read:
SB108,9,167 448.07 (1) (d) No registration may be permitted by the secretary of the board
8in the case of any physician or perfusionist who has failed to meet the requirements
9of s. 448.13 or any person whose license, certificate, or limited permit has been
10suspended or revoked and the registration of any such person shall be deemed
11automatically annulled upon receipt by the secretary of the board of a verified report
12of such suspension or revocation, subject to the licensee's or permittee's right of
13appeal. A person whose license, certificate, or limited permit has been suspended or
14revoked and subsequently restored shall be registered by the board upon tendering
15a verified report of such restoration of the license, certificate, or limited permit,
16together with an application for registration and the registration fee.
SB108, s. 28 17Section 28. 448.13 (2) of the statutes is created to read:
SB108,9,2018 448.13 (2) Each person licensed as a perfusionist shall, in each 2nd year at the
19time of application for a certificate of registration under s. 448.07, submit proof of
20completion of continuing education requirements promulgated by rule by the board.
SB108, s. 29 21Section 29. 448.40 (2) (b) of the statutes is created to read:
SB108,9,2422 448.40 (2) (b) Establishing the scope of the practice of perfusion. In
23promulgating rules under this paragraph, the board shall consult with the
24perfusionists examining council.
SB108, s. 30 25Section 30. 448.40 (2) (c) of the statutes is created to read:
SB108,10,3
1448.40 (2) (c) Establishing continuing education requirements for renewal of
2a license to practice perfusion under s. 448.13 (2). In promulgating rules under this
3paragraph, the board shall consult with the perfusionists examining council.
SB108, s. 31 4Section 31 . Nonstatutory provisions.
SB108,10,65 (1) Perfusionists examining council; initial appointments. Notwithstanding
6section 15.407 (2m) of the statutes, as created by this act:
SB108,10,97 (a) The initial perfusionist members of the perfusionists examining council
8need not be licensed to practice perfusion by the medical examining board in order
9to be appointed to and serve as members of the examining council.
SB108,10,1210 (b) The initial members of the perfusionists examining council shall be
11appointed by the first day of the 4th month beginning after the effective date of this
12paragraph for the following terms:
SB108,10,13 131. One perfusionist, for a term expiring on July 1, 2004.
SB108,10,14 142. One perfusionist and the public member, for terms expiring on July 1, 2005.
SB108,10,15 153. One perfusionist and the physician, for terms expiring on July 1, 2006.
SB108,10,1616 (2) Waiver of licensure requirements.
SB108,10,1817 (a) In this subsection, "perfusion" has the meaning given in section 448.015
18(1m) of the statutes, as created by this act.
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