| (a) A retired perfusionist licensed by the board whose
only practice is the provision of voluntary charity care shall be
exempt from the registration fee.
(b) As used in this section:
(1) "voluntary charity care" means perfusion services
provided for no compensation to:
(A) indigent populations;
(B) in medically underserved areas; or
(C) for a disaster relief organization.
(2) "compensation" means direct or indirect payment
of anything of monetary value, except payment or reimbursement of
reasonable, necessary, and actual travel and related expenses.
(c) To qualify for and obtain such an exemption, a
perfusionist must truthfully certify under oath, on a form approved
by the board that the following information is correct:
(1) the perfusionist's practice of perfusion does not
include the provision of perfusion services for either direct or indirect
compensation which has monetary value of any kind;
(2) the perfusionist's practice is limited to voluntary
charity care for which the perfusionist receives no direct or indirect
compensation of any kind for perfusion services rendered; and
(3) the perfusionist's practice does not include the
provision of perfusion services to members of the perfusionist's family.
(d) A perfusionist who qualifies for and obtains an
exemption from the registration fee authorized under this section
shall obtain and report continuing education as required under the
Act and §188.24 of this chapter (relating to Continuing Education),
except that the number of credits of CE required shall be equal to
two-thirds of the number of continuing education hours required for
renewal for a licensed perfusionist.
(e) A retired perfusionist who has obtained an exemption
from the registration fee as provided for under this section, may
be subject to disciplinary action under the Act based on unprofessional
or dishonorable conduct likely to deceive, defraud, or injure the
public if the perfusionist engages in the compensated practice of
perfusion or the provision of perfusion services to members of the
perfusionist's family.
(f) A perfusionist who attempts to obtain an exemption
from the registration fee under this section by submitting false or
misleading statements to the board shall be subject to disciplinary
action pursuant to the Act in addition to any civil or criminal actions
provided for by state or federal law.
(g) A perfusionist may return to active status by applying
to the board, paying an application fee equal to an application fee
for a perfusionist license, complying with the requirements for license
renewal under the Act, and demonstrate any formal or informal continuing
education obtained during the period of retired status, provide a
description of all voluntary charity care provided during the period
of retired status, and complying with subsection (h) of this section.
(h) The request of a perfusionist seeking a return
to active status whose license has been placed on official retired
status for two years or longer shall be submitted to the Licensure
Committee of the board for consideration and a recommendation to the
full board for approval or denial of the request. After consideration
of the request and the recommendation of the Licensure Committee,
the board shall grant or deny the request. If the request is granted,
it may be granted without conditions or subject to such conditions
which the board determines are necessary to adequately protect the
public including but not limited to:
(1) completion of specified continuing education hours
approved for Category 1 credits by a CE sponsor approved by the ABCP;
(2) limitation and/or exclusion of the practice of
the applicant to specified activities of the practice as a perfusionist;
(3) remedial education; and/or
(4) such other remedial or restrictive conditions or
requirements which, in the discretion of the board are necessary to
ensure protection of the public and minimal competency of the applicant
to safely practice as a perfusionist.
(i) The request of a perfusionist seeking a return
to active status whose license has been placed on retired status providing
voluntary charity care for less than two years may be approved by
the executive director of the board or submitted by the executive
director to the Licensure Committee for consideration and a recommendation
to the full board for approval or denial of the request. In those
instances in which the executive director submits the request to the
Licensure Committee of the board, the Licensure Committee shall make
a recommendation to the full board for approval or denial. After consideration
of the request and the recommendation of the Licensure Committee,
the board shall grant or deny the request subject to such conditions
which the board determines are necessary to adequately protect the
public including, but not limited to, those options provided in subsection
(h) of this section.
(j) In evaluating a request of a perfusionist seeking
a return to active status whose license has been placed on retired
status providing voluntary charity care, the Licensure Committee or
the full board may require a personal appearance by the requesting
perfusionist at the offices of the board, and may also require a physical
or mental examination by one or more perfusionists or other health
care providers approved in advance in writing by the executive director,
the secretary-treasurer, the Licensure committee, or other designee(s)
determined by majority vote of the board.
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