reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter E. Public Interest Information and Complaint Procedures › Section 603.203. Records of Complaints

Sec. 603.203.  RECORDS OF COMPLAINTS.  (a)  The medical board shall maintain a system to promptly and efficiently act on complaints filed under this chapter.  The medical board shall maintain:
(1)  information about the parties to the complaint and the subject matter of the complaint;
(2)  a summary of the results of the review or investigation of the complaint; and
(3)  information about the disposition of the complaint.
(b)  The medical board shall make information available describing its procedures for complaint investigation and resolution.
(c)  The medical board shall periodically notify the parties of the status of the complaint until final disposition of the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 31, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.171, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.110, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter E. Public Interest Information and Complaint Procedures › Section 603.204. General Rules Regarding Complaint Investigation and Disposition

Sec. 603.204.  GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The medical board shall adopt rules concerning the investigation of a complaint filed under this chapter.  The rules shall:
(1)  distinguish among categories of complaints;
(2)  ensure that a complaint is not dismissed without appropriate consideration;
(3)  require that if a complaint is dismissed, a letter shall be sent to the person who filed the complaint explaining the action taken on the dismissed complaint;
(4)  ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; and
(5)  prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the medical board to obtain the services of a private investigator.
(b)  The medical board shall:
(1)  dispose of each complaint in a timely manner; and
(2)  establish, not later than the 30th day after the date the medical board receives a complaint, a schedule for conducting each phase of the complaint resolution process that is under the control of the medical board.
(c)  Each party to the complaint shall be notified of the projected time requirements for pursuing the complaint.  Each party shall be notified of any change in the schedule established under Subsection (b)(2) not later than the seventh day after the date the change is made.
(d)  The executive director of the medical board shall notify the president of the medical board of a complaint that is not resolved within the time prescribed by the medical board for resolving the complaint so that the president may take necessary action on the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 32, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.172, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.111, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter E. Public Interest Information and Complaint Procedures › Section 603.205. Public Participation

Sec. 603.205.  PUBLIC PARTICIPATION.  (a)  The medical board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the medical board and to speak on any issue related to the practice of perfusion.
(b)  The medical board shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the medical board's programs under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 34, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.174, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.114, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.251. License Required

Sec. 603.251.  LICENSE REQUIRED.  (a)  A person may not engage or offer to engage in perfusion for compensation unless the person holds an appropriate license issued under this chapter.
(b)  A person may not, unless the person holds an appropriate license issued under this chapter:
(1)  use the title or represent or imply that the person has the title "licensed perfusionist" or "provisional licensed perfusionist" or use the letters "LP" or "PLP";  or
(2)  use a facsimile of those titles to represent or imply that the person is a licensed perfusionist or provisionally licensed perfusionist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.252. License Application

Sec. 603.252.  LICENSE APPLICATION.  (a)  An applicant for a perfusionist license must submit an application accompanied by the application fee.
(b)  The medical board shall prescribe the application form and by rule may establish dates by which applications and fees must be received.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 35, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.175, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.115, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 14, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.253. Competency Examination

Sec. 603.253.  COMPETENCY EXAMINATION.  (a)  An applicant must pass a competency examination to qualify for a license under this chapter.
(b)  The medical board shall prepare or approve an examination.  The medical board may prescribe an examination that consists of or includes a written examination given by the American Board of Cardiovascular Perfusion or by a national or state testing service.
(c)  The medical board shall have any written portion of the examination validated by an independent testing professional.
(d)  The medical board shall administer an examination to qualified applicants at least once each calendar year.
(e)  On receipt of an application and application fee, the medical board shall waive the examination requirement for an applicant who, at the time of application:
(1)  is licensed or certified by another state that has licensing or certification requirements the medical board determines to be substantially equivalent to the requirements of this chapter; or
(2)  holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion before January 1, 1994, authorizing the holder to practice perfusion in a state that does not license or certify perfusionists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 36, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.116, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.2535. Jurisprudence Examination

Sec. 603.2535.  JURISPRUDENCE EXAMINATION.  (a)  An applicant must pass a jurisprudence examination to qualify for a license under this chapter.
(b)  The medical board shall develop and administer at least twice each calendar year a jurisprudence examination to determine an applicant's knowledge of this chapter, rules adopted under this chapter, and any other applicable laws of this state affecting the applicant's practice of perfusion.
(c)  The medical board shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results.
Added by Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 37, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.117, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.254. Qualification for Examination

Sec. 603.254.  QUALIFICATION FOR EXAMINATION.  (a)  To qualify for the licensing examinations under this chapter, an applicant must have successfully completed a perfusion education program approved by the medical board.
(b)  The medical board may approve a perfusion education program only if the program has educational standards that are:
(1)  at least as stringent as those established by the Accreditation Committee for Perfusion Education of the American Medical Association or its successor; and
(2)  approved by the Commission on Accreditation of the Allied Health Education Program of the American Medical Association or its successor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 38, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.118, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.255. Investigation of Applicant

Sec. 603.255.  INVESTIGATION OF APPLICANT.  (a)  The medical board shall notify an applicant in writing of the receipt and investigation of the applicant's application and any other relevant evidence relating to qualifications established by rule not later than:
(1)  the 45th day after the date a properly submitted and timely application is received; and
(2)  the 30th day before the next examination date.
(b)  The notice must state whether the applicant has qualified for examination based on the application and other submitted evidence.  If the applicant is not qualified, the notice must state the reasons for the applicant's failure to qualify.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 39, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.176, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.119, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.256. Examination Results

Sec. 603.256.  EXAMINATION RESULTS.  (a)  The medical board shall notify each examinee of the examination results not later than the 30th day after the date the examination is administered.  If an examination is graded or reviewed by a national or state testing service, the medical board shall notify each examinee of the examination results not later than the 14th day after the date the medical board receives the results from the testing service.
(b)  If the notice of the results of an examination graded or reviewed by a national or state testing service will be delayed for longer than 90 days after the examination date, the medical board shall notify each examinee of the reason for the delay before the 90th day.
(c)  If requested in writing by a person who fails the examination, the medical board shall provide to the person an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.120, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.257. Reexamination and Alternatives to Examination

Sec. 603.257.  REEXAMINATION AND ALTERNATIVES TO EXAMINATION.  The medical board by rule shall establish:
(1)  a limit on the number of times an applicant who fails an examination may retake the examination;
(2)  requirements for retaking an examination; and
(3)  alternative methods of examining competency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 40, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.121, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.2571. Criminal History Record Information Requirement for License

Sec. 603.2571.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE.  (a)  The medical board shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the medical board, to the medical board or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The medical board may not issue a license to a person who does not comply with the requirement of Subsection (a).
(c)  The medical board shall conduct a criminal history check of each applicant for a license using information:
(1)  provided by the individual under this section; and
(2)  made available to the medical board by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code.
(d)  The medical board may:
(1)  enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section; and
(2)  authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history check.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.122, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.258. Issuance of License

Sec. 603.258.  ISSUANCE OF LICENSE.  A person who meets the qualifications for a license under this chapter is entitled to a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter F. License Requirements › Section 603.259. Provisional License

Sec. 603.259.  PROVISIONAL LICENSE.  (a)  The medical board may issue a provisional license to an applicant who files an application, pays an application fee, and submits evidence satisfactory to the medical board of successful completion of the education requirement under Section 603.254.
(b)  A person who meets the qualifications for a provisional license under this chapter is entitled to a provisional license.
(c)  A provisionally licensed perfusionist must practice under the supervision and direction of a licensed perfusionist while performing perfusion.  If the medical board finds that a licensed perfusionist is not reasonably available to provide supervision and direction and if the medical board approves an application submitted by the provisionally licensed perfusionist, supervision and direction may be provided by a physician who is licensed by the medical board and certified by the American Board of Thoracic Surgery or certified in cardiovascular surgery by the American Osteopathic Board of Surgery.
(d)  The medical board may not adopt a rule governing supervision and direction that requires the immediate physical presence of the supervising person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 41, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.177, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.123, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter G. License Renewal › Section 603.301. License Renewal

Sec. 603.301.  LICENSE RENEWAL.  (a)  A license is valid for two years from the date of issuance and may be renewed biennially.
(b)  The medical board by rule may adopt a system under which licenses expire on various dates during the year.
(c)  A person may renew an unexpired license by paying the required renewal fee to the medical board before the license expiration date.
(d)  A person whose license has been expired for 90 days or less may renew the license by paying to the medical board a fee that is equal to 1-1/4 times the amount of the renewal fee.  If a license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the medical board a fee that is equal to 1-1/2 times the amount of the renewal fee.
(e)  Except as provided by Section 603.303, a person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license.
(f)  Before the 30th day before a person's license expiration date, the medical board shall send written notice of the impending license expiration to the person at the person's last known address according to medical board records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 42, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.124, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter G. License Renewal › Section 603.302. Provisional License Renewal

Sec. 603.302.  PROVISIONAL LICENSE RENEWAL.  A provisional license expires on the first anniversary of the date of issuance and, if the supervising licensed perfusionist or physician described by Section 603.259(c) signs the renewal application, the license may be renewed annually not more than five times by complying with the renewal procedures under this subchapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter G. License Renewal › Section 603.303. Renewal of Expired License by Out-of-State Practitioner

Sec. 603.303.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.  (a)  The medical board may renew without reexamination an expired license of a person who was licensed as a perfusionist in this state, moved to another state, and is licensed or certified and has been in practice in the other state for the two years preceding the date the person applies for renewal.
(b)  The person must pay to the medical board a fee that is equal to the amount of the renewal fee for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 43, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.125, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter G. License Renewal › Section 603.3031. Criminal History Record Information Requirement for Renewal

Sec. 603.3031.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.  (a)  An applicant renewing a license shall submit a complete and legible set of fingerprints for purposes of performing a criminal history check of the applicant as provided by Section 603.2571.
(b)  The medical board may not renew the license of a person who does not comply with the requirement of Subsection (a).
(c)  A license holder is not required to submit fingerprints under this section for the renewal of the license if the license holder has previously submitted fingerprints under:
(1)  Section 603.2571 for the initial issuance of the license; or
(2)  this section as part of a prior renewal of the license.
Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.126, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter G. License Renewal › Section 603.304. Continuing Education

Sec. 603.304.  CONTINUING EDUCATION.  (a)  To renew a license under this chapter, a person must submit proof satisfactory to the medical board that the person has complied with the continuing education requirements prescribed by the medical board.
(b)  The medical board shall establish continuing education programs for licensed perfusionists and provisionally licensed perfusionists under this chapter.  The standards of the programs must be at least as stringent as the standards of the American Board of Cardiovascular Perfusion or its successor.
(c)  The medical board shall:
(1)  establish a minimum number of hours of continuing education required for license renewal under this chapter; and
(2)  develop a process to evaluate and approve continuing education courses.
(d)  The medical board shall identify key factors for a license holder's competent performance of professional duties.  The medical board shall adopt a procedure to assess a license holder's participation in continuing education programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 44, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.178, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.127, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter G. License Renewal › Section 603.305. Grounds for Refusing Renewal

Sec. 603.305.  GROUNDS FOR REFUSING RENEWAL.  The medical board may refuse to renew the license of a person who fails to pay an administrative penalty imposed under Subchapter K unless enforcement of the penalty is stayed or a court has ordered that the administrative penalty is not owed.
Added by Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 45, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.128, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter G. License Renewal › Section 603.306. Refusal for Violation of Board Order

Sec. 603.306.  REFUSAL FOR VIOLATION OF BOARD ORDER.  The medical board may refuse to renew a license issued under this chapter if the license holder is in violation of a medical board order.
Added by Acts 2017, 85th Leg., R.S., Ch. 567 (S.B. 674), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter H. Practice by License Holder › Section 603.351. Display of License

Sec. 603.351.  DISPLAY OF LICENSE.  A person licensed under this chapter shall:
(1)  display the person's license certificate in an appropriate and public manner;  or
(2)  maintain a copy of the person's license certificate in the appropriate records of any health care facility in which the license holder provides services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter H. Practice by License Holder › Section 603.352. License Holder Information

Sec. 603.352.  LICENSE HOLDER INFORMATION.  A person licensed under this chapter shall keep the medical board informed of any change in the license holder's address.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.129, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter H. Practice by License Holder › Section 603.353. Surrender of License

Sec. 603.353.  SURRENDER OF LICENSE.  A license certificate issued by the medical board is the property of the medical board and shall be surrendered on demand.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 46, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.130, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter H. Practice by License Holder › Section 603.354. Certification From American Board of Cardiovascular Perfusion

Sec. 603.354.  CERTIFICATION FROM AMERICAN BOARD OF CARDIOVASCULAR PERFUSION.  Unless a person holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion, the person may not:
(1)  use the title or represent or imply that the person has the title "certified clinical perfusionist" or use the letters "CCP";  or
(2)  use a facsimile of that title to represent or imply that the person is a clinical perfusionist certified by that board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter I. Disciplinary Procedures › Section 603.401. Grounds for Disciplinary Action

Sec. 603.401.  GROUNDS FOR DISCIPLINARY ACTION.  If a license holder violates this chapter or a rule or code of ethics adopted under this chapter, the medical board may:
(1)  revoke, restrict, or suspend the license;
(2)  place on probation the person if the person's license has been suspended;
(3)  reprimand the license holder; or
(4)  refuse to renew the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 47, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.131, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter I. Disciplinary Procedures › Section 603.402. Contested Case Hearing

Sec. 603.402.  CONTESTED CASE HEARING.  Chapter 2001, Government Code, and medical board rules for a contested case hearing apply to a proceeding by the medical board under this chapter in which a formal complaint has been filed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 48, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.179, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.132, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter I. Disciplinary Procedures › Section 603.403. Administrative Procedure

Sec. 603.403.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter to suspend, revoke, or refuse to renew a license is governed by Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 49, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter I. Disciplinary Procedures › Section 603.404. Sanctions

Sec. 603.404.  SANCTIONS.  (a)  The medical board by rule shall adopt a broad schedule of sanctions for a violation of this chapter.
(b)  The State Office of Administrative Hearings shall use the schedule of sanctions for a sanction imposed as the result of a hearing conducted by that office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 50, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.133, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter I. Disciplinary Procedures › Section 603.405. Probation

Sec. 603.405.  PROBATION.  The medical board may require a person whose license suspension is probated to:
(1)  report regularly to the medical board on matters that are the basis of the probation;
(2)  limit practice to areas prescribed by the medical board; or
(3)  continue the person's professional education until the license holder attains a degree of skill satisfactory to the medical board in those areas that are the basis of the probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 51, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.134, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter I. Disciplinary Procedures › Section 603.406. Monitoring of License Holder

Sec. 603.406.  MONITORING OF LICENSE HOLDER.  (a)  The medical board by rule shall develop a system for monitoring a license holder's compliance with the requirements of this chapter.
(b)  Rules adopted under this section must include procedures to:
(1)  monitor for compliance a license holder who is ordered by the medical board to perform certain acts; and
(2)  identify and monitor license holders who represent a risk to the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 52, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.135, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter I. Disciplinary Procedures › Section 603.407. Informal Procedures

Sec. 603.407.  INFORMAL PROCEDURES.  (a)  The medical board by rule shall adopt procedures governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code; and
(2)  an informal proceeding held in compliance with Section 2001.054, Government Code.
(b)  Rules adopted under Subsection (a) must:
(1)  provide the complainant, if applicable and permitted by law, an opportunity to be heard;
(2)  provide the license holder an opportunity to be heard; and
(3)  require the presence of a representative of the attorney general or the medical board's legal counsel to advise the medical board or the medical board's employees.
(c)  Chapters 551 and 552, Government Code, do not apply to an investigation file and investigative information in the possession of or used by the medical board in an informal proceeding under this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 53, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.136, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter I. Disciplinary Procedures › Section 603.408. Emergency Suspension

Sec. 603.408.  EMERGENCY SUSPENSION.  (a)  The medical board or a three-member panel of medical board members designated by the president of the medical board shall temporarily suspend the license of a license holder if the medical board or panel determines from the evidence or information presented to it that continued practice by the license holder would constitute a continuing and imminent threat to the public welfare.
(b)  A license may be suspended under this section without notice or hearing on the complaint if:
(1)  action is taken to initiate proceedings for a hearing before the State Office of Administrative Hearings simultaneously with the temporary suspension;  and
(2)  a hearing is held as soon as practicable under this chapter and Chapter 2001, Government Code.
(c)  The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 14th day after the date of the temporary suspension to determine if there is probable cause to believe that a continuing and imminent threat to the public welfare still exists.  A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 17, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 54, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.137, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter I. Disciplinary Procedures › Section 603.409. Refund

Sec. 603.409.  REFUND.  (a)  Subject to Subsection (b), the medical board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.
(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter.  The medical board may not require payment of other damages or estimate harm in a refund order.
Added by Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 55, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.138, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter J. Penalties and Enforcement Provisions › Section 603.451. Injunction

Sec. 603.451.  INJUNCTION.  (a)  The medical board may request the attorney general or the appropriate county or district attorney to commence an action to enjoin a violation of this chapter.
(b)  The remedy provided by this section is in addition to any other action authorized by law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 56, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.139, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter J. Penalties and Enforcement Provisions › Section 603.4515. Civil Penalty

Sec. 603.4515.  CIVIL PENALTY.  (a)   A person who violates this chapter or a rule adopted or an order issued under this chapter is liable for a civil penalty not to exceed $5,000 a day.
(b)  At the request of the medical board, the attorney general shall bring an action to recover a civil penalty authorized under this section.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 18, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 57, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.180, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.140, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter J. Penalties and Enforcement Provisions › Section 603.452. Criminal Penalty

Sec. 603.452.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person knowingly violates Section 603.251 or 603.354.
(b)  An offense under this section is a Class B misdemeanor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter J. Penalties and Enforcement Provisions › Section 603.453. Cease and Desist Order

Sec. 603.453.  CEASE AND DESIST ORDER.  (a)  If it appears to the medical board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or rule relating to the practice of perfusion, the medical board after notice and an opportunity for a hearing may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under this chapter.
Added by Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 58, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.181, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.141, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.501. Imposition of Administrative Penalty

Sec. 603.501.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The medical board may impose an administrative penalty on a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 59, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.142, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.502. Amount of Administrative Penalty

Sec. 603.502.  AMOUNT OF ADMINISTRATIVE PENALTY.  (a)  The amount of the administrative penalty may not be less than $50 or more than $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty.
(b)  The amount shall be based on:
(1)  the seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)  the economic harm caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts to correct the violation;  and
(6)  any other matter that justice may require.
(c)  The medical board by rule shall adopt an administrative penalty schedule based on the criteria listed in Subsection (b) for violations of this chapter or applicable rules to ensure that the amounts of penalties imposed are appropriate to the violation.  The medical board shall provide the administrative penalty schedule to the public on request.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 60, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.182, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.143, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.503. Notice of Violation and Penalty

Sec. 603.503.   NOTICE OF VIOLATION AND PENALTY.  If the medical board determines that a violation occurred, the medical board shall give written notice of the violation to the person.  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the recommended administrative penalty; and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 61, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.183, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.144, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.504. Penalty to Be Paid or Hearing Requested

Sec. 603.504.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Within 10 days after the date the person receives the notice, the person in writing may:
(1)  accept the determination and recommended administrative penalty of the medical board; or
(2)  make a request for a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the determination and recommended penalty of the medical board, the medical board by order shall approve the determination and impose the recommended penalty.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 62, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.184, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.145, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.505. Hearing

Sec. 603.505.  HEARING.  (a)  If the person requests a hearing or fails to respond in a timely manner to the notice, the medical board shall set a hearing and give written notice of the hearing to the person.
(b)  An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.
(c)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the medical board a proposal for a decision about the occurrence of the violation and the amount of a proposed administrative penalty.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 63, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.185, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.146, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.506. Decision by Medical Board

Sec. 603.506.  DECISION BY MEDICAL BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the medical board by order may determine that:
(1)  a violation occurred and impose an administrative penalty; or
(2)  a violation did not occur.
(b)  The notice of the medical board's order given to the person must include a statement of the right of the person to judicial review of the order.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 64, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.186, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.147, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle K - Professions Related to Use of Certain Medical Equipment › Chapter 603 - Perfusionists › Subchapter K. Administrative Penalty › Section 603.507. Options Following Decision: Pay or Appeal

Sec. 603.507.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Within 30 days after the date the medical board's order becomes final, the person shall:
(1)  pay the administrative penalty; or
(2)  file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period prescribed by Subsection (a), a person who files a petition for judicial review may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving the court a supersedeas bond approved by the court that:
(i)  is for the amount of the penalty; and
(ii)  is effective until all judicial review of the medical board's order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  giving a copy of the affidavit to the medical board by certified mail.
(c)  If the medical board receives a copy of an affidavit under Subsection (b)(2), the medical board may file with the court, within five days after the date the copy is received, a contest to the affidavit.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 231 (S.B. 403), Sec. 65, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.187, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 2.148, eff. September 1, 2015.