| (a) The board may issue a provisional license to an
applicant who:
(1) files an application and pays the application fee
as specified in Chapter 175 of this title (relating to Fees and Penalties);
(2) meets all the qualifications for a license under
the Act and this chapter, with the exception of passage of the required
competency examination described in §188.4 of this chapter (relating
to Qualifications for Licensure); and
(3) practices under the supervision and direction of
a licensee while performing perfusion, as described in this section.
(b) Supervision.
(1) A provisional licensed perfusionist shall be under
the supervision and direction of a currently licensed perfusionist
who resides in Texas.
(2) Supervision and direction shall be defined as procedural
guidance provided by a licensed perfusionist.
(3) The supervising licensed perfusionist must sign
the application for a provisional license and the application for
renewal of the provisional license.
(4) The supervising licensee must:
(A) have an unrestricted license in Texas;
(B) not have an investigation or proceeding pending
for the restriction, cancellation, suspension, revocation, or other
discipline of the supervisor's license, permit, or authority to practice
medicine or perfusion; and
(C) not have been the subject of a disciplinary order,
unless the order was administrative in nature.
(5) An applicant or provisional licensee may request
the board to approve that supervision and direction be performed by
a licensed physician in lieu of a licensed perfusionist.
(A) The request for a variance must be in writing and
must include the following:
(i) the individual's name and address;
(ii) the reason(s) why a licensed perfusionist is not
reasonably available to provide supervision and direction; and
(iii) the name, address, and copies of the credentials
for verification that the physician is licensed by the Texas Medical
Board and certified and/or eligible for certification by the American
Board of Thoracic Surgeons, Inc., or certified and/or eligible for
certification in cardiovascular surgery by the American Osteopathic
Board of Surgery.
(B) The applicant will be notified of approval or denial
of the request in writing.
(c) Termination. The supervising licensee must submit
written notification of termination of supervision to the board and
the supervisee within 14 days of when supervision has ceased. The
provisional licensed perfusionist shall make a good faith effort to
ensure that the supervising licensee submits an appropriate notification.
(d) Changes. Any change in the supervision shall be
submitted in writing to the Executive Director. The signature of the
supervising licensee shall be included in the written notice.
(e) Required supervisor. A provisional licensed perfusionist
must have a supervising licensed perfusionist or licensed physician
at all times whether or not the provisional licensed perfusionist
is actively employed.
(f) An applicant shall be determined ineligible for
a provisional license if the applicant:
(1) has had a perfusionist license or certificate suspended
or revoked by another state, territory, Canadian province or country;
(2) holds a perfusionist license or certificate issued
by another state, territory, Canadian province or country that is
subject to a restriction, disciplinary order, or probationary order;
or
(3) has an unacceptable criminal history.
(g) A provisional license expires on the earlier of:
(1) the date the board issues the provisional license
holder a full Texas perfusionist license or denies the provisional
license holder's application for a full license;
(2) one year after the date the provisional license
was issued; or
(3) upon determination by the Executive Director that
the provisional license holder is ineligible for licensure pursuant
to the Act or this chapter.
(h) An individual may not renew a provisional license
more than five times.
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