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RULE §188.13Grounds for Denial of Licensure and for Disciplinary Action

The board may refuse to issue a license to any person and may, following notice of hearing as provided for in the APA, take disciplinary action against any perfusionist that:

  (1) fraudulently or deceptively obtains or attempts to obtain a license;

  (2) fraudulently or deceptively uses a license or misrepresents his or her qualifications or credentials;

  (3) falsely represents that the person is a physician;

  (4) violates the Act, Code of Ethics, Code of Ethics promulgated by the ABCP or any rule relating to the practice of perfusion;

  (5) is convicted of a felony, or has imposition of deferred adjudication or pre-trial diversion;

  (6) habitually uses drugs or alcohol to the extent that, in the opinion of the board, the person cannot safely perform as a perfusionist;

  (7) has been adjudicated as mentally incompetent or has a mental or physical condition that renders the person unable to safely perform as a perfusionist;

  (8) has acted in an unprofessional or dishonorable manner that is likely to deceive, defraud, or injure any member of the public;

  (9) has failed to practice as a perfusionist in an acceptable manner consistent with public health and welfare;

  (10) has committed any act that is in violation of the laws of this state if the act is connected with practice as a perfusionist; a complaint, indictment, or conviction of a law violation is not necessary for the enforcement of this provision. Proof of the commission of the act while in practice as a perfusionist or under the guise of practice as a perfusionist is sufficient for action by the board under this section;

  (11) has had the person's license or other authorization to practice as a perfusionist suspended, revoked, or restricted or who has had other disciplinary action taken by another state, territory, Canadian province or country regarding practice as a perfusionist or had disciplinary action taken by the uniformed services of the United States. A certified copy of the record of the state, territory, Canadian province, country or uniformed services of the United States taking the action is conclusive evidence of it;

  (12) unlawfully advertises in a false, misleading, or deceptive manner as defined by §101.201 of the Texas Occupations Code or promotes or endorses products in a false or misleading manner;

  (13) alters, with fraudulent intent, any perfusionist license, certificate, or diploma;

  (14) uses any perfusionist license, certificate, or diploma that has been fraudulently purchased, issued, or counterfeited or that has been materially altered;

  (15) is removed or suspended or has disciplinary action taken by his peers in any professional association or society, whether the association or society is local, regional, state, or national in scope, or is being disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of privileges, or other disciplinary action, if that action, in the opinion of the board, was based on unprofessional conduct or professional incompetence that was likely to harm the public. This action does not constitute state action on the part of the association, society, or hospital medical staff;

  (16) has repeated or recurring meritorious health care liability claims that in the opinion of the board evidence professional incompetence likely to harm the public;

  (17) sexually abuses or exploits another person through the licensee's practice as a perfusionist;

  (18) provides medically unnecessary services to a patient or submitting a billing statement to a patient or a third party payer that the licensee knew or should have known was improper, as further provided by §311.0025 of the Texas Health and Safety Code and §101.203 of the Texas Occupations Code. "Improper" means the billing statement is false, fraudulent, misrepresents services provided, or otherwise does not meet professional standards;

  (19) violates a board order;

  (20) fails to comply with a board subpoena or request for information or action;

  (21) provides false information to the board;

  (22) fails to cooperate with board staff;

  (23) refers a patient to a facility, laboratory, or other healthcare establishment without disclosing the existence of the licensee's ownership interest in the entity to the patient;

  (24) behaving in an abusive or assaultive manner towards a patient or the patient's family or representatives that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient;

  (25) fails to timely respond to communications from a patient;

  (26) fails to complete the required amounts of CE;

  (27) fails to maintain the confidentiality of a patient;

  (28) behaves in a disruptive manner toward licensees, hospital personnel, other medical personnel, patients, family members or others that interferes with patient care or could be reasonably expected to adversely impact the quality of care rendered to a patient;

  (29) enters into any agreement whereby a licensee, peer review committee, hospital, medical staff, or medical society is restricted in providing information to the board;

  (30) contacts or attempt to contact a complainant, witness, medical peer review committee member, or professional review body regarding statements used in an active investigation by the board for purposes of intimidation. It is not a violation for a licensee under investigation to have contact with a complainant, witness, medical peer review committee member, or professional review body if the contact is in the normal course of business and unrelated to the investigation.

  (31) defaults on student loans;

  (32) fails to pay child support as required by court order;

  (33) aids or abets, directly or indirectly, the practice of perfusion by any person not duly licensed to practice as a perfusionist by the board;

  (34) fails to practice in an acceptable professional manner consistent with public health and welfare, including, but not limited to, failing to treat a patient according to the generally accepted standard of care, negligence in performing perfusion services, failing to use proper diligence in one's professional practice, failing to safeguard against potential complications;

  (35) fails to adequately supervise the provisionally licensed perfusionist according to Act or rules adopted by the board; or

  (36) lacks the competency, skill or ability to provide perfusion services according to the standard of care.

Source Note: The provisions of this §188.13 adopted to be effective July 7, 2016, 41 TexReg 4828

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