| (a) The registration fee shall not apply to retired
perfusionists. To become exempt from the registration fee due to retirement:
(1) the perfusionist's current license must not be
under an investigation or order with the board or otherwise have a
restricted license; and
(2) the perfusionist must request in writing on a form
prescribed by the board for his or her license to be placed on official
retired status.
(b) The following restrictions shall apply to perfusionists
whose licenses are on official retired status:
(1) the perfusionist must not engage in clinical activities
or practice perfusion in any state; and
(2) the perfusionist's license may not be endorsed
to any other state.
(c) 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 and complying
with subsection (d) of this section.
(d) 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.
(e) The request of a perfusionist seeking a return
to active status whose license has been placed on official retired
status 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 (d)(1) - (4)
of this section.
(f) In evaluating a request to return to active status,
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 physicians
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.
(g) A perfusionist applying for retired status under
subsections (a) and (b) of this section may be approved for emeritus
retired status, a subgroup of "official retired status," provided
that the perfusionist has:
(1) never received a remedial plan or been the subject
of disciplinary action by the Texas Medical Board;
(2) no criminal history, including pending charges,
indictment, conviction and/or deferred adjudication in Texas; and
(3) never held a license, registration or certification
that has been restricted for cause, canceled for cause, suspended
for cause, revoked or subject to another form of discipline in a state,
or territory of the United States, a province of Canada, a uniformed
service of the United States or other regulatory agency.
|
